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

Vol. 156 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2010 No. 24 House of Representatives The House met at 10 a.m. and was MESSAGE FROM THE SENATE Riverfront in my district for recreation called to order by the Speaker. A message from the Senate by Ms. as well as for residential and economic f Curtis, one of its clerks, announced development. The fact that this project was one of just 61 projects funded out PRAYER that the Senate has agreed to without amendment a concurrent resolution of of 1,380 applications demonstrates the The Chaplain, the Reverend Daniel P. the House of the following title: substantial need for such infrastruc- Coughlin, offered the following prayer: H. Con. Res. 158. Concurrent resolution ex- ture investments nationally. With the psalmist who sang through My Democratic colleagues and I are turbulent times, let us pray for our pressing support for the designation of an Early Detection Month for breast cancer and working for innovative solutions to military and the Nation. all forms of cancer. create jobs, to promote clean and safe ‘‘I love You, Lord, my strength, my The message also announced that the communities in which we live and work rock, my fortress, my savior. My God and raise our families. is a cave where I take refuge; my Senate has passed a bill of the fol- f shield, my protection, my stronghold. lowing title in which the concurrence The Lord is worthy of all praise, as I of the House is requested: ANNIVERSARY OF BROTHERS TO call out to be saved from all enemies. S. 30. An act to amend the Communica- THE RESCUE SHOOTDOWN ‘‘The Lord came to me because I tions Act of 1934 to prohibit manipulation of caller identification information. (Ms. ROS-LEHTINEN asked and was stood aright. My hands were clean in given permission to address the House f his sight. You proved loving to those for 1 minute and to revise and extend who love you. You show Yourself right- ANNOUNCEMENT BY THE SPEAKER her remarks.) eous with the righteous. With the sin- The SPEAKER. The Chair will enter- Ms. ROS-LEHTINEN. Mr. Speaker, cere You show Yourself sincere, but the tain up to 15 1-minutes on each side of the cause for freedom suffered a deep cunning You outdo in cunning; for You the aisle. loss yesterday with the death of polit- save a humble people, but humiliate f ical prisoner Orlando Zapata Tamayo, the self-righteous. the latest victim of the Cuban tyranny. ‘‘You, O Lord, are like a lamp. My PHILADELPHIA TRANSPORTATION And today we sadly commemorate God enlightens my darkness. With You, GRANT WILL CREATE JOBS the 1996 murder by the Cuban regime of I can break through any barrier; with (Ms. SCHWARTZ asked and was Carlos Costa, Armando Alejandre, my God, I can scale any wall.’’ given permission to address the House Mario de la Pena, and Pablo Morales. Both now and forever. Amen. for 1 minute and to revise and extend As they searched for those who were f her remarks.) risking their lives in the Atlantic in THE JOURNAL Ms. SCHWARTZ. One year after its pursuit of freedom in the United enactment, the American Recovery and States, Cuban military jets mercilessly The SPEAKER. The Chair has exam- Reinvestment Act is creating jobs, shot them down in international air- ined the Journal of the last day’s pro- about 2 million nationally, and making space. ceedings and announces to the House smart investments in communities Some choose to ignore the brutality her approval thereof. across the Nation. Pursuant to clause 1, rule I, the Jour- of the Cuban dictatorship, introducing Last week, the City of Philadelphia nal stands approved. a bill this week to lift parts of the em- received a $17.2 million grant to de- bargo that would reward the regime. f velop an integrated, multicounty bicy- Instead, I ask that we honor the PLEDGE OF ALLEGIANCE cle and pedestrian network. This net- memory of those lost to the cause of The SPEAKER. Will the gentle- work will be a unique asset to the liberty in Cuba and redouble our efforts woman from the Virgin Islands (Mrs. Philadelphia region and will transform to turn their dream of a free Cuba into CHRISTENSEN) come forward and lead biking and pedestrian greenways in our a reality. the House in the Pledge of Allegiance. region. f Residents will benefit greatly from Mrs. CHRISTENSEN led the Pledge HEALTH CARE REFORM of Allegiance as follows: this network of trails and street im- I pledge allegiance to the Flag of the provements, using them to commute to (Mrs. CHRISTENSEN asked and was United States of America, and to the Repub- work, to go to school, to the local gro- given permission to address the House lic for which it stands, one nation under God, cery store, and it will create new op- for 1 minute and to revise and extend indivisible, with liberty and justice for all. portunities along the North Delaware her 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 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H758 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Mrs. CHRISTENSEN. Mr. Speaker, And that’s just the way it is. for 1 minute and to revise and extend we were so hopeful as this Congress f his remarks.) opened and seemed on track to enact Mr. KLEIN of Florida. Mr. Speaker, comprehensive health care reform to b 1015 today the House is going to consider provide access to health care for every HEALTH CARE REFORM the Health Insurance Fair Competition American. Act. This bill will level the playing Today, I am extremely disappointed (Mr. BACA asked and was given per- field by repealing the health insurance to stand here to voice my consterna- mission to address the House for 1 industry’s unfair advantage and help- tion and frustration over the unequal, minute.) ing encourage competition by bringing unjust, and inexcusable treatment of Mr. BACA. Mr. Speaker, American down costs for families and businesses. the millions of Americans living in the families in my district are struggling Everyone knows that competition U.S. territories that we see in the to make ends meet and pay for health drives our economy. Fair competition President’s proposal on health care re- care services. Unemployment is 16 per- is what encourages innovation, ensures form. cent. Foreclosure is the fourth in the quality service, and drives costs down, Rather than working to provide qual- Nation. and that applies to health insurance, ity, affordable care to all Americans, it The proposal released by President too. Unfortunately, health insurance would leave roughly 4.5 million, a dis- Obama this week is a step towards a companies are exempt from these fair proportionate number who would des- healthier future for families and small competition rules. This is like your perately want and need health care businesses. Health cost coverage should neighborhood pharmacy calling up its coverage, leave them out in the cold be a right, not a privilege for the few. competitor down the street and decid- without access to the health care ex- That means no loss of coverage when ing to set all of their prices at the change; without the same consumer you get sick; coverage for as many peo- exact same amount. You can’t do that. benefits that other Americans would ple as possible that is affordable; do It’s not fair to consumers, and no other receive; without adequate Medicaid away with unfair practices like dis- business in the United States is al- funding; and, thus, without the same crimination of preexisting conditions lowed to act that way. What’s fair for comfort and security that comes with and caps on coverage; lower drug costs every other business in this country is knowing that you and your family will for seniors and lower premiums for certainly fair for the health insurance have the quality health care when you early retirement; and better access and industry. need it, every time you need it. stronger protection for women. Health Today’s bill makes commonsense The men and women in the U.S. ter- care reform will create jobs and bring changes, and I look forward to voting ritories are the same as those from down the deficit. for it to make sure health insurance California to Vermont, from Florida to In my State of California, Anthem companies can no longer get away with Wyoming who love this Nation, who Blue Cross proposed to raise their pre- price-fixing and other anti-competitive bravely serve in war to defend it, and miums with double-digit percentages. practices. Let’s level the playing field. who deserve to be treated as first class This must stop. f citizens in every aspect of our democ- I urge my colleagues to work to HYDRAULIC FRACTURING racy. achieve health care reform. Let’s not This proposal fails them and, by ex- work with piecemeal solutions that (Mr. FLEMING asked and was given tension, fails every American who be- will go nowhere, but solve the problems permission to address the House for 1 lieves in equality and fairness. I call on once and for all. minute.) my colleagues, as we move forward, to Mr. FLEMING. Mr. Speaker, the f honor the worth and the dignity of same team that brought America the every American. WHITE HOUSE SUMMIT job-killing, tax-hiking cap-and-tax leg- islation appears to be at it again. Just f (Mr. SAM JOHNSON of Texas asked last week Representatives WAXMAN and and was given permission to address INSULT SPEECH IS A CRIME IN MARKEY began committee action aimed the House for 1 minute and to revise THE NETHERLANDS towards giving the EPA unprecedented and extend his remarks.) (Mr. POE of Texas asked and was power to enact oppressive regulations Mr. SAM JOHNSON of Texas. Mr. given permission to address the House on hydraulic fracturing—the tech- Speaker, instead of inviting Repub- for 1 minute.) nology that allows producers to reach licans to a conference table with a Mr. POE of Texas. Mr. Speaker, in natural gas, which has been proven safe blank sheet of paper, the President’s the Netherlands, it’s against the law for over 60 years. now to hurt somebody’s feelings. Don’t decided to introduce the same trillion- This action would have a far-reach- dare offend anyone or the speech police dollar Washington takeover of health ing negative impact on energy pro- will cart you off to the courthouse and care the public has already rejected. In ducers and consumers alike, particu- try you for the violation of the insen- Texas, we call that paying for the same larly in formations such as the sitivity laws. real estate twice, and the American Haynesville Shale in my district which Dutch lawmaker Geert Wilders made people aren’t buying it. depends on hydraulic fracturing. In a documentary movie of real terrorist They have been trying to tell the 2008, the Haynesville Shale pumped $4.5 acts, real radical Islamic clerics en- President in every way possible to stop billion into Louisiana’s economy and couraging violence in the name of hate; the backroom decisions and secret created over 32,000 jobs. now, Wilders is on trial for insulting deals. This week’s so-called ‘‘bipar- Adding additional layers of regula- Islam. He is charged with discrimina- tisan’’ summit is just more of the tions to hydraulic fracturing would not tion and incitement to hatred. same. only result in sharp increases in costs The Dutch Ministry of Justice has Instead of pressing the reset button, to small and independent producers, it stated, ‘‘It is irrelevant whether the President’s hosting a photo op. would dramatically decrease output Wilders might prove his observations Using the illusion of bipartisanship as and job creation. Production could to be correct. What’s relevant is his ob- a political tool is wrong. It’s not fool- grind to a halt and billions of dollars in servations are illegal.’’ ing anyone. If the President and Demo- Federal and State revenue would be at In Amsterdam, truthful insult speech crat leadership are serious about com- risk. is a crime. What kind of free society ing together on health care reform, We need to get away, again, from this says truthful speech can be illegal? then let’s get out the of corral and crazy scheme. start from scratch. Freedom of speech is a universal f human right granted by God, especially f if the speech is political or religious or MEMPHIS, TENNESSEE, IS A truthful. All who believe in the human HEALTH CARE INSURANCE GREAT CITY right of free speech should be offended INDUSTRY FAIR COMPETITION ACT (Mr. COHEN asked and was given per- and insulted by the insensitive words (Mr. KLEIN of Florida asked and was mission to address the House for 1 of the Amsterdam courts. given permission to address the House minute.)

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H759 Mr. COHEN. Mr. Speaker, recently minute and to revise and extend her re- substance of an email from an active Forbes magazine ranked what they marks.) duty soldier in Afghanistan. In re- called the most miserable cities in the Mrs. CAPPS. Mr. Speaker, I take this sponse to an inquiry from his com- country. Memphis, Tennessee, was opportunity to acknowledge National manding officer related to the mili- third on that list. They considered cer- Eating Disorders Awareness Week. tary’s review of the Don’t Ask Don’t tain issues but they didn’t consider Millions of Americans struggle with Tell policy, the soldier shared how he others. an eating disorder. We must do more to and his partner of 10 years have man- They didn’t consider the best bar- increase public awareness about diag- aged multiple deployments to Iraq and becue in the United States of America; nosis, prevention, and treatment. One Afghanistan. some of the greatest music; Beale critical step we can take is to promote He explained that they survived like Street; the great tourist center; gor- positive body image. any couple does, except, because of the geous sunsets on the Mississippi River. As we all know, the media has a sig- Don’t Ask Don’t Tell policy, his part- They didn’t consider the people of nificant influence on girls’ and young ner would not be informed in the event Memphis and the creativity that’s women’s perception of the ideal body of his death and could not make any emanated from there; Fred Smith and size and shape. Sixty percent of girls emergency decisions that would nor- the greatest delivery of goods in the say they compare their bodies to fash- mally fall to a spouse. This situation is world, a system of freight delivery ion models, and a staggering 90 percent typical, even within his unit. unrivaled; St. Jude’s Children’s Hos- say they feel pressured to be thin from He learned that a fellow soldier was pital that provides the gift of life and the fashion industry. also gay only after he was killed by an research into cancer and Nobel prize Just as we witnessed with cigarette IED in Iraq. The partner of the winners. advertisements targeted at young deceased’s soldier wrote the unit to say Opportunities for innovation are women, fashion advertising often por- how much the victim had loved the prevalent in Memphis. In music, Sam trays a twisted ideal of beauty. military, how they were his family. Phillips and Elvis Presley created I urge my colleagues to take this op- As Admiral Mullen said, this issue is rock-and-roll. And Willie Mitchell and portunity during National Eating Dis- a matter of integrity. This immutable Isaac Hayes and David Porter, and orders Awareness Week to work to- human trait—sexual orientation—like Stacks and Soulful. gether to promote positive body image the color of one’s skin, does not affect I invite Chris Buckley, my friend, to the girls and women in your lives one’s integrity, their honor, or their and Forbes magazine to come to Mem- and in your congressional district. Our commitment to their country. Soldiers phis and visit for themselves. Memphis support on this issue is vital to ensure serving their country in combat should has also got a great optometry school. the physical, emotional, and social not have their sacrifices compounded Beauty is in the eye of the beholder. health of all our girls. by having to struggle with an anti- Maybe they’ll leave with 20/20 vision. f quated Don’t Ask Don’t Tell policy. Let’s do the right and honorable f START OVER ON HEALTH CARE thing and repeal this policy. NEW ORLEANS’ ZULU SOCIAL AID (Mr. KIRK asked and was given per- f AND PLEASURE CLUB mission to address the House for 1 (Mr. CAO asked and was given per- minute and to revise and extend his re- ANTHEM BLUE CROSS SHOULD BE mission to address the House for 1 marks.) ASHAMED OF ITSELF minute.) Mr. KIRK. Mr. Speaker, while I was (Ms. SPEIER asked and was given Mr. CAO. Mr. Speaker, today I con- flattered that the President chose to permission to address the House for 1 tinue to honor Black History Month by include seven parts of my bill, the Med- minute and to revise and extend her re- paying tribute to New Orleans’ Zulu ical Rights and Reform Act, in his lat- marks.) Social Aid and Pleasure Club. The est health care proposal, he left out Ms. SPEIER. Mr. Speaker, Anthem Zulus were founded in 1909 and have nearly every major reform in our cen- Blue Cross should be ashamed of itself been an integral part of the social or- trist health care legislation, including for raising premiums in California by ganization of African American com- the Medical Rights Act guaranteeing 39 percent. People in my district have munities for 100 years. They are a foun- decisions made with your doctor will complained of increases as much as dation of New Orleans’ cultural frame- be made without government inter- $2,400 a year. How can anyone afford work through their participation in ference, lawsuit reform, and granting that kind of an increase? This at a Mardi Gras and their community serv- the right of every American to buy in- time when the insurance lobby has ice activities. surance from any State in the Union if spent millions of dollars to defeat The Zulus’ Mardi Gras parade is one you find a plan that is less expensive health care reform in America. This at of the largest attractions for the tribal for your family or your small business. a time when Anthem passed $4.2 billion costumes, the singing and dancing, and The White House proposal is based on to the parent company, WellPoint, in the famous, ornate hand-painted coco- a very expensive Senate bill with half a profits alone. It’s beyond my com- nuts they distribute to onlookers. In dozen major new taxes levied in the prehension how any Members of the 1949, the King of the Zulu parade was teeth of the Great Recession. The new people’s House can continue to defend none other than New Orleans’ own proposal would tax retirement savings, this behavior. Louis Armstrong, one of the greatest cut Medicare for seniors, and adds to It’s time to demand an answer to a contributors to African American his- our long-term deficit. question asked many years ago by Pete tory and culture. I urge the President to start over, to Seeger, ‘‘Whose side are you on?’’ In addition, the Zulus have contrib- invite key congressional leaders to You’re either with the American people uted to the fibers and spirit of our com- Camp David—there we could find re- or you’re with the insurance lobby. munity through their scholarship forms that we all support, like cov- You either stand up for those who want funds, Adopt a School programs, health ering Americans with preexisting con- affordable health insurance, or you lay fairs, Positive Male Models program, ditions—and present a more modest set down with the corporate titans who and other activities. of reforms that we all could support. continue to care less about the Amer- The Zulus are the ‘‘everyman’s club,’’ f ican people. and I am proud to recognize them and Whose side are you on? DON’T ASK DON’T TELL their contributions to Louisiana’s cul- f ture and history. (Mr. MORAN of Virginia asked and WHITE HOUSE SUMMIT MEDIA f was given permission to address the House for 1 minute and to revise and EVENT NATIONAL EATING DISORDERS extend his remarks.) (Mr. PENCE asked and was given per- AWARENESS WEEK Mr. MORAN of Virginia. Mr. Speak- mission to address the House for 1 (Mrs. CAPPS asked and was given er, I rise today to respond to Army minute and to revise and extend his re- permission to address the House for 1 Secretary McHugh and to share the marks.)

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H760 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Mr. PENCE. Well, tomorrow the WHERE ARE THE JOBS? We are working for the American White House will convene a so-called (Ms. FOXX asked and was given per- people. summit on health care reform. It’s sup- mission to address the House for 1 f posedly an effort to find bipartisan minute and to revise and extend her re- ENACT TORT REFORM NOW agreement and consensus on reform. marks.) And frankly, if the administration and Ms. FOXX. Mr. Speaker, this admin- (Mr. SMITH of Texas asked and was Democrats in Congress were willing to istration and Democrats in Congress given permission to address the House scrap the bill and start over with a don’t seem to have an answer to the for 1 minute and to revise and extend clean sheet of paper, I would be all for single most important question work- his remarks.) it. ers across the country are asking: Mr. SMITH of Texas. Mr. Speaker, The American people long for health ‘‘Where are the jobs?’’ The American the administration’s health care bill care reform that will lower the cost of people don’t want more political pan- fails to include a Republican solution health care insurance without growing dering on the economy and health care; that could actually achieve savings for the size of government. But that is not they want action now that will control patients—lawsuit abuse reform. what’s happening here. Instead of runaway Federal spending and create Forty percent of medical malpractice scrapping the bill, the President’s actu- jobs. suits against doctors and hospitals are ally produced his own bigger, worse The third time is not the charm, Mr. without merit, according to a study by version of the bills that passed the President. When government-con- the Harvard School of Public Health. House and Senate and then were sum- trolled health care was introduced in And excess damages add $70 billion to marily rejected by the American peo- the House, the American people re- $126 billion annually to health care ple: more spending, more taxes, more jected it. Strike one. When govern- costs, the Department of Health and government, and coverage for abortion. ment-controlled health care was intro- Human Services has found. These Instead of starting over, Democrats duced in the Senate, the American peo- costs, of course, are passed on to pa- in Congress continue to threaten to ple rejected it. Strike two. And when tients. abuse the very rules of this institution the President puts his government con- The administration has only sug- by passing some version of their health trol of health care on the table before gested a pilot program for tort reform. care reform bill by a simple majority a bipartisan handful on Thursday, the But some States, including my home in the Senate—known as reconcili- American people will reject that, too. State of Texas, have already enacted ation. Strike three. tort reform. These States have seen in- Tomorrow’s summit is looking more The Democrats need to scrap their surance premiums fall and access to and more like a taxpayer-funded media job-killing policies, like a government medical care expand. event designed to set up passage of takeover of health care and national We don’t need a pilot program. We ObamaCare 2.0. The American people energy tax, and begin working with Re- need to enact medical malpractice law- deserve to know it. publicans on commonsense solutions to suit abuse reform. f create jobs and reduce out-of-control f spending. It’s time we work together to b 1030 get this economy moving again and to HIGH-SPEED RAIL help put people back to work. (Mrs. HALVORSON asked and was THE PRESIDENT’S PROPOSAL ON f given permission to address the House HEALTH CARE REFORM for 1 minute and to revise and extend (Mr. PIERLUISI asked and was given RECOVERY ACT IS WORKING her remarks.) permission to address the House for 1 (Ms. JACKSON LEE of Texas asked Mrs. HALVORSON. Where are the minute.) and was given permission to address jobs? I think we can answer that every Mr. PIERLUISI. Mr. Speaker, I sup- the House for 1 minute and to revise time we speak. In my district it is hap- port health care reform, but I do not and extend her remarks.) pening quite literally. support the proposal put forward by Ms. JACKSON LEE of Texas. Mr. Recently I was very proud to an- the White House, because it mistreats Speaker, let me tell you, here are the nounce $1.2 billion in Recovery Act 4.4 million Americans living in Puerto jobs. I believe if you polled across funding being invested in Illinois for Rico and the other U.S. territories. America you would understand that high-speed rail lines from Chicago to They are treated like second-class citi- the investment that this Democratic St. Louis. Two of the towns in my dis- zens. Congress made, along with its Presi- trict happen to be stops along the rail My loyalty to my party and to our dent, created or saved 3.5 million jobs, line—Joliet and Normal. President is beyond question, but my gave 95 percent of American workers a There are those who have said, and principles and my people come first. tax cut, and began to build our crum- continue to say, that projects like This proposal violates my principles, bling rail and water and a variety of in- these will not put people to work, that and it mistreats my people. frastructure. the stimulus isn’t working. But here is In Puerto Rico, the Federal Govern- Where are the jobs? I will tell you, 2.4 the reality: These high-speed rail lines ment pays less than 25 percent of the million jobs were created according to in Illinois alone are going to put 6,000 cost of providing Medicaid services. the Congressional Budget Office, non- people to work. This wouldn’t have That is a national travesty. The House partisan, $120 billion in tax cuts to 95 been possible without the investment took important steps to mitigate this percent of our working families and to in the American Recovery and Rein- disparity in funding. Yet the White businesses, loaned nearly $20 billion to vestment Act. House proposal does not make a good- our small businesses creating or saving I am proud that the Recovery Act is faith effort to address this inequality. a job. putting these people to work and put- Moreover, the proposal excludes Puerto What I like most of all is the 300,000 ting our communities back on the Rico from the exchange but allows non- jobs in education and the 400,000 jobs in track to recovery. We must continue to citizen residents of the States to par- corrections officers and public health invest in American infrastructure, ticipate. This is discrimination, and it personnel. Let’s ask all the firefighters build upon the work of the Recovery is no way to treat one’s fellow Ameri- and police officers across America Act is doing, and continue working to cans. whether or not there were jobs. create jobs. The future of our districts I do not believe this proposal reflects Mr. Speaker, I will tell you that we depends on it. the President’s thinking, and I cannot have invested in America. We had an f believe my colleagues will allow it to economy that wasn’t growing when we stand. The people of Puerto Rico and came in, down some 6 percent. Now it’s HEALTH CARE REFORM the other territories fight proudly for up. We have the jobs, and we are going (Ms. WATSON asked and was given their country. Their country should to do health care reform this morning permission to address the House for 1 fight for them, too. as well. minute.)

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H761 Ms. WATSON. Mr. Speaker, the Mr. ETHERIDGE. Mr. Speaker, the House the bill (H.R. 4626) to restore the President is opening the doors of the America needs jobs, and we need them application of the Federal antitrust laws to White House to host a bipartisan effort now. My constituents tell me they the business of health insurance to protect on health care reform, and the reason want Congress to quit the bickering competition and consumers. All points of order against consideration of the bill are is for hope and optimism. Some think and partisan posturing and get to waived except those arising under clause 9 or it’s the other way around. working on fixing the economy. Wall 10 of rule XXI. The bill shall be considered as It’s been a long and tough process, Street may be doing well enough for read. All points of order against provisions but we always knew that tackling this the bankers to reward themselves with in the bill are waived. The previous question problem wouldn’t be easy. Remember, big bonuses, but folks on Main Street shall be considered as ordered on the bill to this has been tried many times over and on country roads are hurting. final passage without intervening motion ex- the course of many years. This is the North Carolina’s unemployment rate cept: (1) two hours of debate equally divided furthest we have reached. Everyone has hit its high for 2009 in December, an in- and controlled by the chair and ranking mi- credible 11.2 percent. Our top priorities nority member of the Committee on the Ju- to have an open mind for this summit. diciary; and (2) one motion to recommit. We have to leave divisive partisanship must be: jobs, jobs, jobs. My HIRING The SPEAKER pro tempore (Mr. behind. The need is too great. It tran- Act will provide the incentive for com- DRIEHAUS). The gentlewoman from New scends day-to-day politicking. panies to put people to work today, York is recognized for 1 hour. Everyone believes we need reform. giving employers up to $7,500 per new worker they hire. Ms. SLAUGHTER. Mr. Speaker, for Everyone recognizes the problems in the purpose of debate only, I am health care. They are too great to ig- Congress needs to take action on this bill today and put people to work. pleased to yield the customary 30 min- nore. utes to the gentlewoman from North Postponing, putting this off, holding Passing the HIRING Act would be like Carolina, Dr. FOXX. All time yielded it over is just tactics to destroy what CPR for our economy, and I hope my colleagues will join me in supporting during consideration of this rule is for we have come forth with. Join us, debate only. please, and let’s see that we can insure that legislation. GENERAL LEAVE all Americans. f Ms. SLAUGHTER. I ask unanimous f RECOGNIZING THE MAPS AIR consent that all Members have 5 legis- HONORING THE LIFE OF U.S. MA- MUSEUM lative days within which to revise and RINE SERGEANT JEREMY (Mr. BOCCIERI asked and was given extend their remarks and insert extra- MCQUEARY permission to address the House for 1 neous materials into the RECORD. The SPEAKER pro tempore. Is there (Mr. HILL asked and was given per- minute and to revise and extend his re- marks.) objection to the request of the gentle- mission to address the House for 1 Mr. BOCCIERI. Mr. Speaker, I rise woman from New York? minute and to revise and extend his re- today in recognition of the Military There was no objection. marks.) Aviation Preservation Society Air Mu- Ms. SLAUGHTER. I yield myself Mr. HILL. Mr. Speaker, on Thursday, seum, located in my congressional dis- such time as I may consume. February 18, 2010, Indiana lost one of trict at the Akron-Canton Airport. I Mr. Speaker, like all of my col- its brave sons. Marine Sergeant Jer- recently visited this nonprofit museum leagues, I have spent a lot of time talk- emy McQueary was killed in the devoted to preserving our Nation’s rich ing with people in my district about Helmand Province, Afghanistan, by an aviation history and the great volun- health care and what is happening to IED while on foot patrol supporting teers who make that museum a reality. them. They were in no way prepared Operation Enduring Freedom. Sergeant When the Wright Brothers first built for the influx of incredible rate in- McQueary, a Columbus, Indiana, na- their airplane in Ohio, it was an exam- creases that seemed to come out of no- tive, had survived two prior IED at- ple of American innovation. When U.S. where and fall like rain upon them, to tacks while in Afghanistan. Airborne divisions cleared the way for the extent that most of them really are Jeremy, a model Hoosier, enjoyed the Normandy invasion, it was an ex- not sure they can even stay insured. fishing, four wheeling and giving back ample of American leadership. Invariably, the conversation turns to to his community by mentoring trou- When the Air National Guard re- health premium increases. I hear about bled high school students. He married cently dispatched to Haiti to help the insurers that deny coverage. I heard his high school sweetheart, Rae, and relief effort, it was an example of from a father who had just had a child together they had a baby boy, Hadley. American charity. The MAPS Air Mu- who was born with a condition that He was only a month old when Jeremy seum captures the unique connection would make him uninsurable for the shipped out for his third tour, this time between aviation history and our rest of his life. I listened to someone to Afghanistan, having already served American culture. Our spirit to per- tell me that her husband’s new insur- two previous tours in Iraq. severe and succeed parallels our inno- ance policy won’t cover her because she Eager to join the Marine Corps, Jer- vative spirit and desire to be leaders in has preexisting conditions or simply emy graduated from high school early the world and in aviation. because it doesn’t cover her. and enlisted in 2002. Jeremy’s passion I commend the MAPS Air Museum But now this Congress is on the brink for the Corps was so strong that he for its continued inspiration and its of some commonsense changes to the completed basic training on a broken dedication to aviation history and the health insurance industry that will foot, informing his superiors of his in- American spirit. Thank you to the sol- help to level the playing field a bit be- jury only after he had finished basic diers, sailors and airmen who volunteer tween ordinary Americans and the training. This level of commitment there every day to keep our history giant corporations that exert such shown by Jeremy to the Corps and our alive. power over our day-to-day lives. country is an example to us all. f Jeremy McQueary was a devoted fa- b 1045 ther and family man who paid the ulti- PROVIDING FOR CONSIDERATION And I say ‘‘our’’ because I personally mate sacrifice serving his country. I OF H.R. 4626, HEALTH INSURANCE am caught in the same trap as most of mourn the loss of Jeremy. I want to INDUSTRY FAIR COMPETITION my constituents. I don’t have any kind thank Jeremy and his family for his ACT of special coverage because I’m a Mem- service to our country. He and his Ms. SLAUGHTER. Mr. Speaker, by ber of Congress. I have always been on loved ones are in my prayers. direction of the Committee on Rules, I my husband’s policy at home from f call up House Resolution 1098 and ask Eastman Kodak that has covered us for its immediate consideration. since he retired, but it no longer will HIRING ACT The Clerk read the resolution, as fol- cover spouses. We are halfway through (Mr. ETHERIDGE asked and was lows: dropping spouses, and all the benefits given permission to address the House H. RES. 1098 that we got as spouses were taken for 1 minute and to revise and extend Resolved, That upon the adoption of this away about 4 years ago. So it’s not the his remarks.) resolution it shall be in order to consider in worst plan, but it’s not the best either.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H762 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Under the health care bill endorsed tremely limited and sporadic State en- though the company was owned by one by House Democrats, the insurance forcement by State insurance commis- of them. The evidence showed the in- companies will no longer be able to sioners throughout the 60 years. In the surers were conspiring together to arti- deny insurance coverage based on pre- void, insurance companies have been ficially depress a level of reasonable existing conditions or just premiums free to engage in anticompetitive and and customary charges they would re- based on gender, which they do—you anticonsumer behavior, resulting, as imburse to health care providers, may not know that single women are we said just recently, in some insur- which shifted additional costs onto the charged 48 percent more for health in- ance premiums costing as much as 70 policyholder. In the face of a threat surance—or for their occupation. percent. from Cuomo, the clearinghouse agreed They wouldn’t be able to drop cov- As a result, this exemption thwarts to disband, and the insurance compa- erage if you get sick. I was talking to free market pricing and is impossible nies paid a sizable sum to resolve the a man just this morning who talked to defend today or at any other time. charges. about all the money he had paid into What we will be doing by removing this As recently as this week, there were health insurance, and when he made exemption is to tell the health insur- fresh news reports out of California his first claim at the age of 30, they de- ance companies that they need to start about abuses by a major insurer there. cided already he was going to be trou- behaving like every other industry. We It is important to remember that many ble and denied his claim. They cannot tell them that colluding and conspiring people assume that conspiring to set anymore tell you that it costs too to set prices at a certain level to harm rates is illegal in our country. I assume much to take care of your child. Insur- consumers is not going to work in most people believe that. Every high ance companies would have to pub- America anymore. school student in America is taught licize their rates and no longer can As I said, the history of this provi- about the Sherman Antitrust Act and charge older Americans twice as much sion dates back to 1944, when some in- the how the creation of the Federal as the younger ones. surance companies went to court to Trade Commission came about to level For my money, though, there is one challenge the notion that the Federal the playing field. Part of the motiva- part of our reform package that is sim- Government could enforce antitrust tion was to make sure that small busi- ple to explain, easy to justify, and 60 laws. Despite their best efforts, the Su- nesses, who make up the backbone of years overdue, and that part is to re- preme Court ruled that the insurance our economy and fuel small towns from peal the antitrust exemption given to business was subject to antitrust laws coast to coast, would have a chance the health insurance industry in 1945 just like everybody else. Unhappy with against the big corporate interests. by Congress. That is why we are here that decision, the insurers effectively These creative new entrepreneurs need- today. There is no reason any industry got Congress to invalidate the ruling of ed to have confidence they would not in the United States, including base- the top court. It was an amazing piece be frozen out of the market by the big ball, which was exempt as well, should of legislation, Mr. Speaker. Both boys. Sadly, that is exactly what hap- be exempt from the one consumer pro- Houses, Senate and the House, passed pened. In many States and regions tection the Federal Government gives legislation giving the insurance indus- across the country, there are often just everybody against chicanery, collusion, try a 3-year transition period while a couple of health insurance companies and rate setting. they moved to be covered by what ev- operating. In New York, two companies Even though the broader effort to erybody else is covered by, antitrust. control half the market. Many States pass the final health care bill is under- Both bills had passed, and when it have it even worse, including our way, we have an opportunity today to came out of conference, the exemption neighbor Vermont, where two compa- make a simple, straightforward state- was made permanent. nies have 90 percent of the market ment about how we think health insur- Over the years, opponents of share. ance should operate in this country. By McCarran-Ferguson—and I have been Of course, some people will continue repealing this unjustifiable exemption, one of them for about 30—have been to insist that government should just we will enable—this is very important. stymied. The last serious effort was led stay out of this whole business. My col- People do not understand that during by Representative Jack Brooks in 1991, leagues on the other side often say no the last 60 years the Justice Depart- who tried and failed to change the law. government is the best government and ment has not been able to enforce any- Last year, when we again started in a free market works best if there is no thing against them because they were serious effort to change the law, the in- attempt to regulate it. But I would exempt. This will enable the Justice dustry geared up for a big fight. We argue that any of that is far out- Department to begin aggressively en- heard from the American Insurance As- weighed by the benefit we gain by hav- forcing the laws that protect the con- sociation and the American Academy ing more competition, less concentra- sumers against the cartel of health in- of Actuaries, among others, who ar- tion, and the assistance of a powerful surance who wield such outsized influ- gued that changing this law would watchdog. ence in the health care industry. somehow cost consumers more money. I strongly encourage all of my col- As it stands now, the insurance in- Other interest groups claimed the pro- leagues to join me today in supporting dustry is allowed to fix prices and en- vision was poorly written, too broad, or the repeal of the McCarran-Ferguson gage in other anticompetitive behav- a solution in search of a problem. Act. ior. Because these companies are al- Interestingly, some lobbyists have Mr. Speaker, I reserve the balance of lowed to pool and share data and to quietly begun to whisper that this pro- my time. jointly establish premiums and types vision will not have impact on their Ms. FOXX. I thank the gentlewoman of coverage, there is very little pros- rates. They say it is too narrow in from New York for yielding time. pect for an average family to price scope. Frankly, I would much have pre- Mr. Speaker, I yield myself such time shop. It is almost too tempting for big ferred to lift this exemption from the as I may consume. insurers not to cheat a little bit. More- entire insurance industry instead of Mr. Speaker, at the beginning of the over, regulating the insurance industry just health. But they are firmly op- 110th Congress, the new majority came is left up to individual States—most of posed, make no doubt about that, and to power full of promises for a bipar- them will tell you that they really are are lobbying to prevent it, which tisan working relationship and a land- not up to it—which often suffer from a makes we wonder if they are sort of mark pledge to create the ‘‘most hon- lack of resources to effectively crack whistling past the graveyard. est, most open, and most ethical Con- down on abuses. Now, let’s look back for a minute at gress in history’’; however, this rule Each of the 50 States and the District the last major investigation of the and this bill are the antithesis of that of Columbia has its own regulatory health industry. Two years ago, the at- statement. framework, traditions, and intentions, torney general for the State of New The bill we consider today, H.R. 4626, which leads to a spotty patchwork of York, Andrew Cuomo, investigated the the Health Insurance Industry Fair enforcement. In fact, according to a re- collusion of health insurers. Those Competition Act, is not the language port from the Center for American companies were using Ingenix, a billing that passed the House Judiciary Com- Progress, there has been only ex- data clearinghouse, to set rates even mittee in November of 2009 as H.R. 3596.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H763 In fact, the bill we have before us today try Fair Competition Act today be- mittee with the bipartisan support of was not considered by any committee cause the state of the current law is Congressman LUNGREN from California. and was introduced only 2 days ago, on unfair. Health insurance companies So, naturally, I was interested to look Monday, February 22, 2010. currently enjoy an exemption from at the bill that they were presenting to It is hard to understand what is the antitrust laws with no good justifica- see how it was the same as the bill we sudden rush. Yesterday, the gentle- tion. Meanwhile, American families are presented. I found out that they’d left woman from New York said we have held hostage to rising health care costs out my amendment which allowed for waited 60 years to get this bill; today, and a nagging insecurity that even the sharing of historical data by insur- she says this is long overdue. But she though they pay their premiums and ers so that they might look at the ex- doesn’t point out that in all that pe- they pay their copays, they could be perience evidence and utilize that in riod of time, the Democrats have been canceled at any time, even when they making their decisions with respect to in charge of Congress except for 2 years get sick, or they’re going to have to how they conducted their business in the fifties during the Eisenhower ad- fight through the red tape to get the going forward. ministration and the years 1995 to 2006. benefits they’re entitled to. I had been assured that my amend- So why didn’t they get it passed when Last year, the five largest health in- ment was not necessary because com- they were in control before? Why have surance companies made a record $12.2 mittee staff on the Judiciary Com- they been waiting 60 years to get it billion profit, a 56 percent jump, while mittee had researched it. Nobody be- done? dropping coverage for 2.7 million Amer- lieved that the Justice Department of The language in H.R. 4626 is substan- icans. Health insurers appear to be any administration going forward tially different from the bill the Judi- cherry-picking who they will cover in would find the compiling of historical ciary Committee passed. That bill order to make a huge profit. data among the insurers to be non- dealt with both health insurance and In my home State of Florida, from competitive and violative of the anti- medical liability insurance, but med- 2000 to 2007, health care premiums for trust laws. I was further assured that ical liability insurance has since been families rose on average by 72 percent; they did not believe that that would be stricken from the language. In addi- meanwhile, their paychecks only went the case with any of the attorneys gen- tion, my colleague, Mr. LUNGREN from up 20 percent during the same time. So eral of the States. California, offered an amendment that our action in removing the antitrust Now, I had the privilege of serving as was accepted with bipartisan support exemption will spur fair prices and real attorney general of my State for 8 by the House Judiciary Committee dur- competition. years, being a member of the National ing markup. That amendment was Again, it’s time to choose; whose side Association of Attorneys General—an stricken from the language of the cur- are you on? Who will we protect, Amer- organization which does support legis- rent bill that we see in H.R. 4626. Dur- ican families or the health insurance lation of this type—and of course, at- ing the Rules Committee debate yes- companies? The answer is clear: No torneys general of the various States terday, Mr. LUNGREN offered that same more favors to private insurance com- have independent authority under their amendment; however, it was not made panies. State laws to enforce antitrust laws, in order. Instead, we have yet another I urge a ‘‘yes’’ vote on the rule and which I did during my 8 years. Some- closed rule where Members are shut on the underlying bill. times we went beyond what the Fed- out from offering any amendments to a Ms. FOXX. Mr. Speaker, I now yield eral Government did because we under- bill that did not see the proper vetting such time as he may consume to my stood better the unique circumstances process. It is high time that we open distinguished colleague from Cali- of our State. this process up and that we hold the fornia, the former attorney general of I remember, one time, we were deal- majority to their promise to make this California, Mr. DANIEL E. LUNGREN. ing with a merger between two large banks. They were national banks, and an open Congress and allow amend- b 1100 ments to be offered on the floor and they had branches in the State of Cali- fully debated. Mr. DANIEL E. LUNGREN of Cali- fornia. We were working in conjunction Mr. Speaker, I reserve the balance of fornia. I thank my colleague from with the antitrust division of the Jus- my time. North Carolina for the time. tice Department, and we were moving Ms. SLAUGHTER. Mr. Speaker, I ask Mr. Speaker, I might say this is an in the same direction, but I remember unanimous consent that the gentle- interesting point. I don’t think I’ve getting a phone call from one of the at- woman from Maine (Ms. PINGREE) con- ever been on the floor in 16 years and torneys at the Justice Department in trol the remainder of my time. have faced this kind of a rule. It is a Washington, DC, who asked this ques- The SPEAKER pro tempore. Is there closed rule. I’ve been here before with tion: Well, how close is San Jose to San objection to the request of the gentle- closed rules, but the effect of the closed Diego? About 400 miles, but they woman from New York? rule is to prohibit me from providing or thought they were next to one another. There was no objection. from presenting my amendment. Now, Why was that relevant? That would Ms. PINGREE of Maine. Mr. Speaker, that is not unusual. Usually, you come be relevant as to whether you had com- I yield 2 minutes to the gentlewoman to the floor, and you present an amend- petition among the bank branches that from Florida (Ms. CASTOR). ment to try and amend the bill to were then going to be merged. Would Ms. CASTOR of Florida. I thank the change it from the way it was reported that then give increased and illegal gentlewoman from Maine for yielding out of the committee that did the work concentration of power in those areas? the time. I also want to salute the on it. But in this case, I am being pro- The point I am making is that attor- chairwoman of the Rules Committee, hibited from offering an amendment to neys general of the States may know a Ms. SLAUGHTER, who has been a cham- change the bill back to the way it was little bit more about their States than pion for American families when it as reported out of the committee on a attorneys working as hard as they can comes to standing up for their needs, bipartisan basis. here in Washington, DC. So the idea especially in health care. For whatever reason, the majority on that attorneys general are somehow Mr. Speaker, I rise in strong support the Rules Committee decided that an impotent, from a legal standpoint, such of H.R. 4626, the Health Insurance In- amendment that was cited by the that they cannot bring forward anti- dustry Fair Competition Act, and the Democratic chairman of the Judiciary trust cases, is just not true. underlying rule. It is time for policy- Committee, Mr. CONYERS, as an excel- At the same time, I voted for the bill makers in Washington to determine lent clarifying amendment is not going coming out of committee because I whose side are they on; are they on the to be here. thought it had, in fact, reached an ap- side of the health insurance companies When one of the chief cosponsors of propriate balance. Interestingly or are they on the side of American the bill, or coauthors of the bill, being enough, the gentlelady from New York, families and small businesses? presented on the floor today announced the chairperson of the Rules Com- I urge my colleagues to stand up for the bill last week, she said publicly mittee, stated in her support for this hardworking families across America that this was similar to the bill that rule and in support for the underlying and pass this Health Insurance Indus- was passed out of the Judiciary Com- bill that this is really a tribute to Jack

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H764 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Brooks, who attempted to do this for sion of any Justice Department of any ple’s business and get rid of this silli- years. administration will find this to be anti- ness of unstated partisanship, without I was privileged to serve with Jack competitive. Then you have the chair- any rationale, that undercuts the im- Brooks, an interesting Texan Member, person of the Rules Committee saying, pact of the bill. someone who was the Chair of the Ju- No, no, we have to keep this in here be- Once again, this is unique. I’ve spent diciary Committee for some time. cause we want to make sure that the 16 years in this place. This is the first When the bill in the Judiciary Com- Justice Department will be able to de- time I’ve ever come to the floor and mittee was originally introduced this termine whether or not it is. have been denied an amendment that time around, the distinguished chair- So what does that give the market? would put back in something we voted man of the committee, Mr. CONYERS, What does it give the smaller insurers? on on a bipartisan basis in committee cited Jack Brooks, and said, This was It gives them uncertainty. that has been removed at the direction the Jack Brooks bill. So I went back, So the very thing that you are saying of somebody, including the Rules Com- and I looked at it. I found out that my you want to do you are prohibiting mittee, so that we can’t have the amendment, or the language that I had from being accomplished by not allow- chance to work on the product that then put in in amendment form, was in ing this amendment to be considered. came out of a bipartisan effort in the the Jack Brooks bill but not in the bill This amendment, as I might say, was committee. before us. So I brought it forward. described by the chairman of the com- Ms. PINGREE of Maine. Thank you So you might say, if we are doing mittee as an excellent clarifying to the gentleman from California (Mr. this in homage to Jack Brooks, you amendment. We are therefore removing LUNGREN). I will not give you all of the would do him further homage by allow- clarification, and we are replacing it answers I am sure you are looking for, ing the language of his bill to be put with uncertainty. and I feel confident that, when this bill into this bill, and that’s all I ask for. Look, I can go down on the floor and is debated on the floor, there will be It’s all I ask for. bash the insurance companies as well many more questions raised from the Now, the other part of the bill that as anybody here. Let’s just knock them members of the committee who sat came out of the Judiciary Committee, all around here. The point is we are through this debate. which is not in this bill, is to remove making an adjustment in law, which is I can only say, as a member of the the antitrust exemption that currently what is good for the people. So why not Rules Committee, I, too, sat there exists for medical malpractice insur- do it in an intelligent way, in a way while this conversation was going on. I ance providers, but somehow that has that will actually assist in the market- am not an expert in this particular been taken out of this bill with no ex- place and allow for greater competi- area. I am very pleased, and I want to planation whatsoever. tion? Outside studies have said, if, in talk a little bit about how pleased I am So we have cherry-picked from the fact, this information is not allowed to that we are taking on this exemption bill that came out of the Judiciary be collected together and shared among of the insurance companies. Committee with bipartisan support, those in the industry, it might—they I did hear people say, and the reason and yet we acclaim the bill as being, said ‘‘might’’—might have the impact that I voted the way I did yesterday, is essentially, the bipartisan bill that of harming the smaller insurance car- that I heard that the Lungren safe har- came out of committee. As I said before the Rules Committee riers. bor amendment was a loophole in the So I don’t know why you’re doing yesterday, sometimes you just have to McCarran repeal. I heard that con- this. I don’t know if there is a political learn to take ‘‘yes’’ for an answer. I sumer groups had said that this was support the underlying bill. I support reason for it. I don’t know if it’s be- anti-consumer. A safe harbor isn’t this effort. I am trying to make it bet- cause I happen to be a Republican. I’ll needed because the bill does not pro- ter. It was accepted on a bipartisan give it up. Any Democrat who wants to hibit information sharing. On the other basis. Yet, in the Rules Committee, put his name on it can add his name to hand, putting in a safe harbor statute there wasn’t one, in my judgment, Jack Brooks’ and present it on the would automatically immunize the in- credible argument about why you floor. But this kind of silliness on this surance companies, and it would not wouldn’t have it. floor has got to stop. You ask for bipar- permit a case-by-case review of compa- On the one hand, I’ve heard from the tisanship, and you throw it away. We nies that go too far. staff of the Judiciary Committee that have complete bipartisanship in the Honestly, I am not in a position to it is not necessary because no single committee, and you ignore it. argue this amendment, but I know it administration will have a Justice De- As one member of the committee, a will be discussed when the bill is dis- partment that finds this to be anti- Republican member who voted with me cussed. competitive. On the other hand, I hear in support of this bill on a bipartisan I want to go back to the original from the chairperson of the committee, basis, said afterwards when he found issue, because that is why I am stand- Well, we don’t want to give this power out that that bill wasn’t going to be ing here today. to the insurance companies. We want presented on the floor, Why do we need Mr. Speaker, I am a proud cosponsor the Justice Department to investigate committees and subcommittees? What of H.R. 4626, the Health Insurance In- it. Well, if that’s the case, you can’t are we holding hearings for? Why are dustry Fair Competition Act. have your cake and you can’t eat it, we having the experts testify before us I have seen firsthand how health in- too. It’s either one or the other. if, in fact, somehow in the—I don’t surance companies have used their ex- If it is, as I was told, unnecessary, re- know where it is. There are closed emption from antitrust regulation to dundant because nobody looking at it doors somewhere that decided that this profit off the backs of hardworking in- will find this to be noncompetitive be- bill was going to come out instead of dividuals and small business owners in cause it is essential information—and the bill we worked on in committee my home State of Maine. If you want by the way, the absence of this infor- and then give no good answer. to buy an individual insurance policy mation will not hurt the big guys as It’s such a shame you don’t have TV in my State, it doesn’t seem like you much as it will hurt the little guys. cameras in the Rules Committee. If have much choice. Anthem Blue Cross Why? Because if you are a large car- people could have seen the argument Blue Shield of Maine became so big and rier, you have a far greater experience yesterday, if the public could have un- swallowed up so much of the market database than if you are a small car- derstood what we were talking about, I that, at one point, nearly 8 out of 10 rier. You understand the market better mean they would have shaken their people buying an individual policy in terms of information that is at your heads and said, Do the people’s busi- ended up with them as their insurance fingertips. If you are a smaller pro- ness. Please do the people’s business. provider. vider, you need the information to un- Don’t get involved in partisanship. How did Anthem reward them? With derstand the universe that you might Again, I would say I give up my name skyrocketing rate increases that are be attempting to present your product on this amendment. I will gladly dedi- impossible to keep up with. to. cate it to Jack Brooks in his memory. In Maine, Anthem’s rates have gone So we have, on the one side, being I’m glad to give it to any Member of up 250 percent in the last decade—10 told that no reasonable antitrust divi- the Democratic side. Let’s do the peo- times the rate of inflation. Last year,

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H765 they asked for a 19 percent rate in- guished ranking member of the Rules Mr. DREIER. When I saw you get to crease. People in Maine were shocked. Committee, the gentleman from Cali- your feet, I suspected you might. Anthem, apparently, was just getting fornia (Mr. DREIER). Ms. PINGREE of Maine. Thank you. started. This year, Anthem is demand- (Mr. DREIER asked and was given I knew you wanted to hear my very ing a 23 percent increase in their rates. permission to revise and extend his re- brief answer on this, and I just want to Mr. Speaker, the only thing rising as marks.) clarify. I appreciate your desire to dis- fast as the premiums big insurance Mr. DREIER. I thank my friend for cuss the process, and I hope you take companies charge is their profit mar- yielding, and I want to congratulate as much time as you choose to do so. gin. Last year, profits for the five big- her on her superb management of this But I just want to clarify—— gest insurance companies rose by 56 as well as of other rules that she has Mr. DREIER. Well, if I could reclaim percent over the year before. I don’t brought to the floor. my time, we would simply like a know about you, but I don’t know any- b 1115 chance to offer the amendment, and my friend could vote against it, the bi- one else in this economy who got a 56 I just don’t get it, Mr. Speaker. My percent rate increase last year or a partisan amendment that had, in fact, very good friend, my Rules Committee full unanimous consent from Demo- raise. colleague, would not yield to the au- Anthem has turned a deaf ear to the crats and Republicans, to make sure thor of the Brooks-Conyers-Johnson- that small insurance companies will concerns of Mainers who are struggling Lungren amendment, the bipartisan, not have their future jeopardized. to pay premiums. Last year, when they agreed-to amendment out of the com- That’s all we’re asking for. asked for a 19 percent increase, our in- mittee, because she said she wasn’t an surance superintendent, Mila Kofman, I am happy to further yield to my expert on this and didn’t want to en- friend. denied the request, allowing them 11 gage in a discussion with Mr. LUNGREN percent instead, which seemed reason- Ms. PINGREE of Maine. And I will on the issue. just be brief. I want to have plenty of able. So what did Anthem do? They im- All we’re asking is, let’s not force time for my colleagues who want to mediately turned around and sued the you to have this discussion. Let’s allow talk more about the substance of this State of Maine. As our attorney gen- Members of this House to debate it. issue. But I would say, I felt there was eral, Janet Mill, said, ‘‘In this econ- That’s the only request that we were omy, it’s hard to believe the greed of making. plenty of time for the process in the it.’’ Mr. Speaker, the American people Rules Committee. There was a lively Also last year, I learned that Anthem get it. I’ve been on the Rules Com- conversation with some of my col- had suddenly and quietly changed a mittee for many years, and many of leagues and your colleagues, bipar- policy that allowed them to deny my colleagues on both sides of the aisle tisan, back and forth. But I disagreed. claims at our State’s VA hospital. The say, Don’t talk about process, don’t I did not think that we needed to VA staff caught the switch, but very talk about the ins and outs of the change this exemption about data in quickly, the hospital was out $500,000. Rules Committee. People’s eyes glaze the rule, in this particular amendment. You might ask yourself, How can a over when you start doing that. I am happy to allow the Justice De- company get away with that? How can But last June 24, that changed. It partment to have a decision about this a company get away with denying changed dramatically, when, at 3 later. Mr. DREIER. If I could reclaim my claims for veterans and with demand- o’clock in the morning, we were deal- ing with the cap-and-trade bill and a time, Mr. Speaker. ing outrageous rate increases while Mr. DANIEL E. LUNGREN of Cali- pocketing record profits? special rule was being reported out at that moment, and a 300-page amend- fornia. Will the gentleman yield? The answer is pretty simple. They Mr. DREIER. I am happy to yield. don’t have any real competition. ment, still warm off the copying ma- chine, was dropped in our laps as we Mr. DANIEL E. LUNGREN of Cali- I say enough is enough, Mr. Speaker. fornia. That’s the most interesting Anthem clearly demonstrated that sat there. And what happened after that, Mr. thing. You did change it. You changed their monopoly on the individual insur- Speaker? What happened was the the bill from the bill that came out of ance market in Maine leaves con- mantra ‘‘Read the Bill’’ became a committee. So don’t tell me you didn’t sumers with little choice but to either household term. People around the want it changed. You did change it. pay escalating premiums or to go with- country, for the first time, began to That’s the whole point we’re making. out coverage. You will hear this more focus on process and what has hap- The bill that we produced out of com- than once today, and we already did pened in this institution, and they mittee on a bipartisan basis that was from the Chair. Unbelievably, health were sick and tired of it. called a clarifying amendment was insurance companies and Major League The next day, our distinguished Re- taken out. So you’re the folks that Baseball are the only two entities ex- publican leader, Mr. BOEHNER, pro- changed it. I didn’t change it. empt from antitrust laws, and it is ceeded to take his 1-minute that is My God, is this 1984 doublespeak high time we gave the insurance com- granted to the Speaker, the majority around this place? panies a little competition. leader and the minority leader, and he I thank the gentleman for yielding. I know it’s not what Anthem wants. utilized much more than that 1 minute. Mr. DREIER. I thank my friend. It is why they have lobbied so hard Why? Because we had been presented I think the point is very clear. We against health care reform that would this 300-page amendment in the middle have the author of a bipartisan amend- lower health care costs overall. It’s of the night; no one had seen it; and he, ment who enjoyed the support of the what the American people want. The fortunately, took time to go through committee chairman and others, which American people believe in fair play, a that 300-page amendment. was focused on small insurance compa- level playing field, and in free and open Mr. Speaker, what we are having nies. Small insurance companies. The competition, not a system where one here today is a continuation of that. big guys aren’t going to be affected by massive corporation can run roughshod Mr. Lungren said he had a discussion this, Mr. Speaker. The idea here is to over consumers. with one of his committee colleagues. ensure that we don’t see an increase in We need to put families before insur- The bottom line that we’re seeing here premiums or, as Mr. Lungren said in ance companies and people before prof- is, the committee process be damned. testimony before the Rules Committee its. H.R. 4626 is an essential step in The committee process be damned is yesterday, potentially these small in- achieving meaningful health reform what has really come about. To me, it’s surance companies going out of exist- and in giving Americans choice. I urge a sad commentary, not for Republicans ence. my colleagues to join me in voting or Democrats, but for the American Now we heard Democrats and Repub- ‘‘yes’’ on this rule, this unamended people. licans alike in the Rules Committee rule, and ‘‘yes’’ on the underlying bill. I am happy to yield to my friend if argue on behalf of the free market I reserve the balance of my time, Mr. she’d like me to yield. process, and we believe that we should Speaker. Ms. PINGREE of Maine. Well, thank do everything that we can to ensure Ms. FOXX. Mr. Speaker, I yield such you very much. I didn’t even have to that there is a wider range of competi- time as he may consume to the distin- ask and I appreciate your offering. tion, greater competition. And so what

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H766 CONGRESSIONAL RECORD — HOUSE February 24, 2010 is happening is that when this rule spend 20 cents of every dollar we earn on ly the appropriate term, because that’s passes, it prevents an opportunity to health care. This current path is unsustainable how they act; that’s how the party have any chance to discuss this bipar- and unacceptable. acts, as a ruling party. tisan amendment. It’s a very, very sad Mr. Speaker, I would like to thank Rep- We see this same thing happening day that we continue with a process resentatives PERRIELLO and MARKEY for intro- with the new health care proposal from that is so closed. ducing the Health Insurance Industry Fair President Obama. Here we have from Last year, we set a record. For the Competition Act. The bill is an important step him what’s basically a 10-page proposal first time in the 220-, almost 221-year toward creating jobs and strengthening our which melds elements of the House and history of the Republic, we went economy, and I urge support for the rule and Senate-passed health care bills, along through a year without a single rule for the underlying bill. with a few new provisions. But both of that allowed for an open debate. In Ms. FOXX. Mr. Speaker, I yield my- those bills were written behind closed fact, since my California colleague, Ms. self such time as I may consume. doors, no committee involvement, or PELOSI, has been Speaker of the House, The debate that we’ve been having on very little committee involvement; we’ve gone through now a 3-year pe- this rule has brought up issues that we none in the Senate, some in the House; riod. In that 3-year period of time, save have been bringing up this entire ses- but basically the bills written in the the appropriations process, we have sion. Two major questions: No. 1, where Speaker’s office and in the Majority had a grand total of one bill considered are the jobs?—we keep asking that Leader’s office. under an open rule. question—and, No. 2, what is the other However, the White House hasn’t re- Again, this is not a partisan issue. side afraid of? vealed any legislative text, and no CBO This is to do with the American people As Mr. LUNGREN pointed out, the bill score is available. We can’t pass a pro- having their voices heard in this insti- that passed the committee passed with posal in here. We must have exact leg- tution. And so while we are supportive a bipartisan vote. People were very islative language. of the underlying legislation, this happy with it. They were very happy Let me mention again the CBO and change is absolutely outrageous. I urge with his amendment. its reaction to the proposal put forth my colleagues to vote ‘‘no’’ on this rule And yet somewhere between that by President Obama. An article in the so that we can bring back some kind of committee and here, the bill was Washington Times entitled CBO: positive recognition of what the Fram- changed substantially. We assume it Obama Health Bill Too Sketchy pub- ers of our Constitution wanted, and was changed in the Speaker’s office. lished yesterday states: that is, a viable committee structure. But we don’t understand what our col- ‘‘The administration did not post the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE leagues are afraid of. Why are they bill’s text on the White House Web site, The SPEAKER pro tempore. All afraid of debating this amendment? but outlined what the legislation would Members are reminded to address their They can’t even allow debate on some- do. It said the measure would cost $950 remarks to the Chair. thing that they don’t want in a bill. billion over 10 years.’’ That’s fine for Ms. PINGREE of Maine. Mr. Speaker, And yet that’s what the American the White House to say that, but we I do appreciate the clarification on the people want from us. They are sick and don’t know that’s what it’s going to issue of a change. tired of things being done behind closed cost. I will just clarify my own remarks, doors. They want to see us debating that I agreed with the sentiment that ‘‘The information wasn’t enough for things. They know we’re going to have the nonpartisan Congressional Budget came out in this final rule that we did disagreements occasionally on philos- not need to make this exemption for Office, the official keeper of budget ophy, and that’s fine. That’s what this costs, to even venture an estimate of the data. country’s about. But people should be I would like to yield 1 minute to the the bill’s price tag. able to see the debate, instead of one or gentleman from New York (Mr. ‘‘ ‘Although the proposal reflects two people in this House making all OWENS). many elements that were included in Mr. OWENS. Mr. Speaker, I rise in the decisions for the 435 Members of the health care bills passed by the support of the Health Insurance Indus- the House. House and Senate last year, it modifies try Fair Competition Act. Let me say a word also about, again, many of those elements and also in- Mr. Speaker, I would like to thank the underlying bill that this rule is cludes new ones,’ CBO Director Doug- Chairwoman SLAUGHTER for allowing dealing with. The bill is not going to las Elmendorf said in a blog post.’’ accomplish what our colleagues across me to speak today, along with Rep- b 1130 resentative PINGREE. the aisle are saying. They’re saying it’s Each month we hear of record profits going to bring down the cost of health The CBO goes on, ‘‘Preparing a cost for insurance companies and their insurance and add more competition to estimate requires very detailed speci- CEOs, while we see health care costs the marketplace. In fact, the bill will fications of numerous provisions. The rise for middle class families. One rea- probably do just the opposite. materials that were released this son for this unjust discrepancy is the Let me say what the Congressional morning do not provide sufficient de- antitrust exemption status afforded to Budget Office said when they reviewed tail on all of the provisions.’’ So we big insurance allowing them to create H.R. 3596. They said, the bill could ‘‘af- don’t have the information that we their own market and set their own fect the costs of and premiums charged need in the Obama health care proposal prices. by private health insurance companies; either. This is the way this administra- A middle class family that has to whether premiums would increase or tion and this Democrat-controlled Con- choose between paying doctor bills and decrease as a result is difficult to de- gress is doing things. feeding their children is not a Demo- termine, but in either case the mag- I now would like to yield 3 minutes cratic or Republican issue, and neither nitude of the effects is likely to be to my colleague from Virginia (Mr. is extending quality care to those who quite small. That effect is likely to be GOODLATTE). do not have it. small because State laws already bar (Mr. GOODLATTE asked and was I have 27 years of experience in the the activities that would be prohibited given permission to revise and extend health care industry, and I can tell you under Federal law if this bill was en- his remarks.) there is no rational, legal, or moral acted.’’ Mr. GOODLATTE. I thank the gen- reason to grant these companies this However, with the new language in tlewoman from North Carolina for status. In Congress, our top priority the underlying bill and no CBO score, yielding me this time. should be job creation, and taking there’s no telling what the effect will Mr. Speaker, I believe in enforcing away insurance companies’ legal trust be. our Nation’s antitrust laws. And this status will improve our system in the And the reason we don’t have a CBO bill has been improved since Judiciary right way by lowering insurance costs score is because the bill was intro- Committee consideration. However, for small business owners, and encour- duced, as I said, 2 days ago and brought this legislation is still flawed, and in age them to create quality jobs. directly to the floor under a closed my opinion is meant to distract atten- Health care reform is a matter of fiscal re- rule. This is a pattern of the ruling tion away from the fact that the ma- sponsibility. Without it, our nation is on track to party here. And ‘‘ruling party’’ is real- jority is not working on the real issues

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H767 the American people want us to ad- We should be working to eliminate these They go on to address their argu- dress. Americans want policies that hundreds of billions of dollars of waste from ments and they say there are those will reduce premiums and increase the our medical system in order to drive down pre- who will argue the small companies quality of health care services in the miums to make health care more affordable. that need aggregate data and all this, U.S. Unfortunately, it is questionable We should be working to help those with pre- they will need the safe harbor. They whether this bill will accomplish these existing conditions get affordable coverage. say, no, actually not. This again is the goals. Unfortunately, we are doing neither today. We Republican-created commission. ‘‘Like I am also very disappointed in the can do better. all potentially beneficial competitor rule for this bill, which was closed from Mr. Speaker, while I may vote for this bill it collaboration generally, however, such the beginning, and blocks well-inten- could have been made better by an open rule data sharing would be assessed by anti- tioned amendments offered by Repub- and the allowance of the Lungren amendment. trust enforcers and the courts under a licans to make the bill better. Specifi- But this bill is hardly a cure all and there is so rule of reason analysis that would fully cally, an amendment was offered by much more we could do if the majority would consider the potential procompetitive Representative DAN LUNGREN, a fellow open up the health insurance process to good effects of such conduct and condemn it member of the Judiciary Committee, proposals that the American people support. only if, on balance, it was anticompeti- to allow small health insurance compa- Ms. PINGREE of Maine. Mr. Speaker, tive. Insurance companies would bear nies to continue to be able to share his- I yield 4 minutes to the gentleman no greater risk than companies in toric loss data so that they can com- from Oregon (Mr. DEFAZIO). other industries engaged in data shar- pete with big insurance companies. Mr. DEFAZIO. I thank the gentlelady ing and other collaborative under- Under the text of the current bill, this for yielding. takings. To the extent that insurance type of sharing would be illegal, which Mr. Speaker, during this health care companies engage in anticompetitive would hinder new and smaller compa- debate over the last 6 months, we have collusion, however, they would then be nies from entering the market, com- heard we should listen to our constitu- appropriately subject to antitrust li- peting with the big guys, and offering ents. And you know, I did. I did 14 town ability.’’ lower premiums. halls in August, and they were at- They want to give a safe harbor that The shocking thing is that this tended by over 8,000 people. And there is so big that the Justice Department amendment was actually adopted in was one item of agreement between the could never review it. They are object- the Judiciary Committee on a bipar- extremes in the debate, between the ing to the fact that the Justice Depart- tisan basis. The provision was then folks representing the tea party and ment might look at, investigate, the stripped by the majority in this new those representing single payer, and activities surrounding data sharing and bill. So stifling this amendment today that was consensus that this industry, potential collusion by the industry represents the second time the major- the health insurance industry, should that continues to price-gouge con- ity has blocked Representative LUN- not enjoy a special exemption under sumers and benefit unreasonably and GREN’s amendment, which had bipar- the law. They should not be able to profit unreasonably. They want to cre- tisan support, and which would have collude to drive up prices, limit com- ate that loophole. That loophole is un- likely reduced health care premiums petition, price gouge consumers. They necessary. for citizens. should play by the same rules as every If you adopt that loophole, we might Instead of bringing flawed legislation other industry in America. And this ar- as well just not pretend that we care to the floor, we should be working to- chaic exemption from antitrust law about consumers, consumer welfare, gether to pass real reforms, like legis- passed in the 1940s should go to the and that we are going to meaningfully lation to allow citizens to take their dustbin of history. There was con- address this industry playing by the health insurance across State lines if sensus on that. same rules as every other industry. they move, legislation to help those Now come the Republicans, oh, wait This industry should play by the same with preexisting conditions find afford- a minute, we are not protecting the in- rules as all others, plain and simple. able coverage, and legislation to curb dustry, we don’t want to allow them to Americans get that. They are not frivolous lawsuits against doctors, still have antitrust exemption, it is happy with seeing their health insur- which drive up health insurance pre- about the little guys. It is always ance double every 10 years, or now it is miums and provide increased costs due about the little guys, isn’t it? So let’s more on a doubling rate of 3 to 5 years. to defensive medicine. give the little guys a loophole. And They know that they are being taken The American medical liability sys- oops, wait a minute, the big guys can to the cleaners. They know the indus- tem is broken. According to one study, use the same loophole. try is trying to cherry-pick. They 40 percent of claims are meritless: ei- Now, the other thing I have heard is know there is anticompetitive activity ther no injury or no error occurred. At- let’s be bipartisan. Well, there is noth- going on. It is time for that to change. torneys’ fees and administrative costs ing much more bipartisan than the re- No loopholes. amount to 54 percent of the compensa- port of the Antitrust Modernization Ms. FOXX. Mr. Speaker, I reserve the tion paid to plaintiffs. The study found Commission from April 2007. This was a balance of my time. that completely meritless claims, commission created by the Republican Ms. PINGREE of Maine. Mr. Speaker, which are nonetheless successful ap- Congress when they controlled both I yield 2 minutes to the gentleman proximately one in four times, account the House and the Senate and the from Texas (Mr. DOGGETT). for nearly a quarter of total adminis- White House, with the members named Mr. DOGGETT. Mr. Speaker, for 65 trative costs. by President George Bush and the Re- years health insurance companies have Defensive medicine is widely prac- publican leadership of Congress. They enjoyed a special interest exemption ticed and costly. Skyrocketing medical came to the conclusion that this loop- from laws prohibiting price fixing, bid liability insurance rates have distorted hole that they are advocating here rigging, and carving up the insurance the practice of medicine. Costly but today should not exist. market. Consumers’ health insurance unnecessary tests have become routine, I will quote briefly from the conclu- premiums go up, while coverage gets as doctors try to protect themselves sions of the bipartisan Republican-cre- worse and worse. In the past six years, from lawsuits. According to a 2008 sur- ated commission. They said, ‘‘A pro- health insurance premiums have in- vey conducted by the Massachusetts posed exemption should be recognized creased at a rate four times the in- Medical Society, 83 percent of physi- as a decision to sacrifice competi- crease in the average American work- cians reported that they practiced de- tion’’—oops, I thought they were for er’s wages. fensive medicine. Another study in competition—‘‘and consumer wel- Twenty-seven years ago, as a young Pennsylvania put the figure at 93 per- fare’’—I thought they were for the con- Texas State Senator, I authored the cent. While estimates vary, the Pacific sumers—‘‘and should be allowed only if Texas Free Enterprise and Antitrust Research Institute has put the cost of Congress determines that a substantial Act. But one industry, one industry defensive medicine at $124 billion. Oth- and significant countervailing societal among all others, was exempted be- ers have arrived at even higher figures. value outweighs the presumption in cause of this Federal law. So no action I urge my colleagues to oppose this favor of competition and the wide- could be taken against the anti- rule. spread benefits it provides.’’ competitive practices of one industry,

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H768 CONGRESSIONAL RECORD — HOUSE February 24, 2010 the insurance industry. And we see the and has been pursued by various want to put it back in committee for results. In the last decade, health in- States? revision, you’re trying to protect some- surance premiums in Texas have gone Mr. GARAMENDI. The proposed body. up over 100 percent. amendment opens the door for collu- Ms. PINGREE of Maine. Mr. Speaker, Protecting consumers and fostering sion. It gives the tools for collusion to I yield 11⁄2 minutes to the gentleman competition are American values. the companies. We ought not do that. from Georgia (Mr. SCOTT). Families and small businesses will ben- And there is no other part of the Amer- Mr. SCOTT of Georgia. I thank the efit when the health care industry has ican economy that such collusion and gentlewoman from Maine (Ms. PIN- to compete like other industries. With such an open door and invitation to GREE). I appreciate her courtesy in al- this reform and a newly reinvigorated collusion is provided. lowing me to speak. Department of Justice, which forgot Ms. FOXX. I yield 30 seconds to the Mr. Speaker, this is an important, about antitrust enforcement under the distinguished gentleman from Cali- important issue. It is at the crucible of Bush administration, together we can fornia (Mr. DANIEL E. LUNGREN). this entire debate on health care. And now have the oversight that was over- Mr. DANIEL E. LUNGREN of Cali- the crucible is this: We must bring looked for eight years under that ad- fornia. Well, I know we have had people down the cost of health care. And in a ministration. on this floor who say they have no ex- free economy, the surest way of bring- Hopefully, President Obama will cor- pertise but they say this amendment ing down the cost of a product or a rect a major omission in the health does certain things. I did spend 8 years service is through competition. The antitrust laws were put on the care legislation that he proposed by in- as the Attorney General of California. books during Standard Oil with John cluding this vital reform—repeal of the We had the most active antitrust pub- D. Rockefeller to break that up so we antitrust loophole for the health insur- lic law office in the country other than could bring competition. Here we have ance industry. It is time for competi- the U.S. Justice Department. now, almost a hundred years later, the tion. It is time for open markets. And I might just say, this is the first time only industry that is exempted from it is time to block the closed-door col- I have ever heard that Jack Brooks was antitrust is the insurance industry, the lusion that Americans are paying for in presenting legislation on the floor of health insurance industry. Surely we higher and higher premiums by letting the House or in Judiciary that was to can agree on this. competition work. protect insurance companies or allow Mr. Speaker, let me just say one Ms. FOXX. Mr. Speaker, I continue collusion. The language I used is taken other thing, too, to my friends on the to reserve my time. from the Jack Brooks bill. The lan- other side of the aisle. It was a great Ms. PINGREE of Maine. Mr. Speaker, guage I use is specifically the language Republican who said a house divided I yield 2 minutes to the gentleman that was adopted on a bipartisan basis against itself shall surely fall. Well, from California (Mr. GARAMENDI). and said by the chairman of the Judici- this Nation is tired of seeing us di- Mr. GARAMENDI. Mr. Speaker, ary Committee was an excellent clari- vided. They want to see us find some- members of the House, we have before fying amendment. thing, one or two things, that we can us a very simple but extremely impor- b 1145 agree on. America is yearning for Re- tant proposal by our Republican col- publicans and Democrats to come to- leagues to provide the insurance indus- Ms. PINGREE of Maine. I yield 30 gether on something that will help try with the opportunity to continue to seconds to the gentleman from Cali- bring down the cost of health care in- collude, to set prices, and to harm the fornia (Mr. GARAMENDI). surance, and nothing will more surely consumers. Call it a safe harbor. It is Mr. GARAMENDI. When my col- do that than to remove this exemption indeed a very safe harbor to do what is league from California was attorney from antitrust that is beholden to the illegal in every other portion of the general, I was insurance commissioner, insurance companies. As long as they American economy except for baseball. and we had a grand fight over this very have it, they are free to do the monop- So why should we approve what the issue, the very issue of whether the State of California would allow the in- oly. They are free to price fix. Republicans want here? No good reason We can agree on both sides of the at all. Competition is necessary. A safe surance companies to continue to use rating bureaus to get their price infor- aisle here today to bring down the cost harbor is specifically designed to allow of health care insurance by removing the insurance companies to continue to mation and to continue to set prices in what could be a collusion. We put that this exemption. gather specific information that they Ms. PINGREE of Maine. Mr. Speaker, aside. The regulations that I put into then use to set prices and to collude I have no further requests for time, and effect were adopted, and the end result and to harm the consumers as well as I reserve the balance of my time. was, when they could no longer use a the providers. Ms. FOXX. Mr. Speaker, Mr. SCOTT rating bureau, which this proposal There are two cases out there over just made Mr. LUNGREN’s case for him the last decade in which the industry would allow, the prices began to drop as far as I’m concerned. He just said we has clearly colluded and harmed pro- in homeowners and auto insurance in want to work together on issues. Mr. California. viders, a case in New York and another LUNGREN said that’s what we’ve done. case that was put against the insur- Ms. FOXX. Mr. Speaker, I yield 30 A bipartisan amendment passed. The ance companies by the doctors. This seconds to the gentleman from Cali- Democrats took the bipartisan amend- proposed amendment by Congressman fornia. ment out of the bill. LUNGREN would harm both the pro- Mr. DANIEL E. LUNGREN of Cali- We want to work together. Many Re- viders as well as the consumers, and fornia. The fact of the matter is that publicans are going to vote for this provide a safe harbor to do what is ille- under the law under this bill, the State bill. I hope they won’t vote for the gal in every other part of the American action still applies, State action prin- rule, because it’s a bad rule, but they economy, that is to set prices. We ciples still apply. States can still do will vote for the bill. ought not to do it. We ought to put this what they will, including what the gen- The Democrats, time and again, tout aside. tleman talked about before. So this is their plan will increase competition Mr. DANIEL E. LUNGREN of Cali- a red herring. and lower premiums. We don’t think fornia. Will the gentleman yield? This is so silly that you would take that’s true. Mr. GARAMENDI. I yield to the gen- something that got bipartisan support, I want to urge the American people tleman from California. unless you’re suddenly suggesting that to read the summary the White House Mr. DANIEL E. LUNGREN of Cali- the chairman of the Judiciary Com- has put out on their bill and see the in- fornia. Could I just ask my friend from mittee has a secret plan to somehow creased Federal control of health care California, isn’t it true that if there allow the insurance companies to in this country. was collusion utilizing this informa- gouge people and that Jack Brooks had The SPEAKER pro tempore. The tion, that would still be prosecutable that secret plan. This is total non- time of the gentlewoman has expired. under the amendment that I suggest sense, to bring a bill to the floor and Ms. PINGREE of Maine. Mr. Speaker, because it is prosecutable at the take out an essential element from I thank my colleague on the other side present time under State action theory committee and then suggest, when you of the aisle.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H769 We’ve heard a variety of reasons and House Resolution 1074; and Brady (TX) Hall (TX) Nunes excuses today about why this bill Bright Harper Olson House Resolution 944, if ordered. Broun (GA) Hastings (WA) Paul shouldn’t pass, whether it was about The vote was taken by electronic de- Brown (SC) Heller Paulsen the committee process or a loophole, vice, and there were—yeas 238, nays Brown-Waite, Hensarling Pence Ginny Herger debating it back and forth. But the fact 181, not voting 13, as follows: Petri is we cannot have meaningful health Buchanan Hill Platts [Roll No. 60] Burgess Hunter Poe (TX) care reform in this country until we fi- Burton (IN) Inglis Posey nally decide to put an end to insurance YEAS—238 Calvert Issa Price (GA) Camp Jenkins company greed and insurance company Abercrombie Gutierrez Obey Putnam Campbell Johnson (IL) Ackerman Hall (NY) Olver Rehberg monopolies. We must stop companies Cantor Johnson, Sam Adler (NJ) Halvorson Ortiz Roe (TN) like Anthem who demand rate in- Cao Jones Altmire Hare Owens Rogers (AL) Capito Jordan (OH) creases that are many times the rate of Andrews Harman Pallone Carter King (IA) Rogers (KY) inflation, which puts health care insur- Arcuri Hastings (FL) Pascrell Rogers (MI) Baca Heinrich Cassidy King (NY) ance out of reach for many, many Pastor (AZ) Castle Kingston Rohrabacher Baird Herseth Sandlin Payne Rooney Americans. Baldwin Himes Chaffetz Kirk I urge a ‘‘yes’’ vote on the previous Perlmutter Childers Kline (MN) Ros-Lehtinen Barrow Hinchey Perriello Roskam Bean Hinojosa Coble Lamborn question and on the rule. Peters Royce Becerra Hirono Coffman (CO) Lance Mrs. BIGGERT. Mr. Speaker, I rise today in Peterson Ryan (WI) Berkley Hodes Cole Latham Pingree (ME) Scalise opposition to this closed rule for H.R. 4626, Berman Holden Conaway LaTourette the Health Insurance Industry Fair Competition Polis (CO) Crenshaw Latta Schmidt Berry Holt Pomeroy Bishop (GA) Honda Culberson Lee (NY) Schock Act. Last night, I offered an amendment to Price (NC) Bishop (NY) Hoyer Dahlkemper Lewis (CA) Sensenbrenner crack down on fraud in Medicare, which costs Quigley Blumenauer Inslee Davis (KY) Linder Sessions Rahall taxpayers as much as $50 billion a year. My Boccieri Israel Deal (GA) LoBiondo Shadegg Rangel language, an update of my bill, the Medicare Boren Jackson (IL) Dent Lucas Shimkus Reyes Diaz-Balart, L. Luetkemeyer Fraud Prevention and Enforcement Act of Boswell Jackson Lee Shuler Boucher (TX) Richardson Diaz-Balart, M. Lummis Shuster 2009, was actually endorsed by President Boyd Johnson (GA) Rodriguez Dreier Lungren, Daniel Simpson Obama in the White House blueprint that was Brady (PA) Johnson, E. B. Ross Duncan E. Smith (NE) Braley (IA) Kagen Rothman (NJ) Ehlers Mack Smith (NJ) released early Monday. It was most recently Ellsworth Manzullo Brown, Corrine Kanjorski Roybal-Allard Smith (TX) included in the Medical Rights and Reform Emerson Marchant Butterfield Kaptur Ruppersberger Souder Fallin McCarthy (CA) Act, introduced by my good friend Mr. KIRK. Capps Kennedy Rush Stearns Flake McCaul This amendment would have reduced Capuano Kildee Ryan (OH) Sullivan Fleming McClintock waste, fraud and abuse by strengthening the Cardoza Kilpatrick (MI) Salazar Terry ´ Forbes McCotter Medicare enrollment process, expanding cer- Carnahan Kilroy Sanchez, Linda Thompson (PA) Carney Kind T. Fortenberry McHenry tain standards of participation, and reducing Foxx McKeon Thornberry Carson (IN) Kirkpatrick (AZ) Sanchez, Loretta Tiahrt erroneous payments. The amendment also Castor (FL) Kissell Sarbanes Franks (AZ) McMorris Frelinghuysen Rodgers Tiberi provides additional tools to pursue fraudulent Chandler Klein (FL) Schakowsky Turner Chu Kosmas Schauer Gallegly Mica healthcare providers, suppliers and billing Garrett (NJ) Miller (FL) Upton Clarke Kratovil Schiff Walden agencies. These are bipartisan goals, and my Cleaver Kucinich Schrader Gerlach Miller (MI) Giffords Miller, Gary Wamp Clyburn Langevin Schwartz language has true bipartisan support. Unfortu- Gingrey (GA) Minnick Westmoreland Cohen Larsen (WA) Scott (GA) nately, Democrats on the Rules Committee re- Gohmert Mitchell Whitfield Connolly (VA) Larson (CT) Scott (VA) Goodlatte Moran (KS) Wilson (SC) fused to even allow an up-or-down vote on the Conyers Lee (CA) Serrano Granger Murphy (NY) Wittman House floor that would have added this impor- Cooper Levin Sestak Graves Murphy, Tim Wolf tant, cost-cutting measure to a bill that is oth- Costa Lewis (GA) Shea-Porter Costello Lipinski Griffith Myrick Young (AK) erwise lacking in substance. Sherman Guthrie Neugebauer Young (FL) Courtney Loebsack Sires I expect more political healthcare votes in Crowley Lofgren, Zoe Skelton NOT VOTING—13 the coming weeks, and I am prepared to offer Cuellar Lowey Slaughter Cummings Luja´ n Barrett (SC) Higgins Reichert my piece of the Obama healthcare plan as an Smith (WA) Blunt Hoekstra Spratt Davis (AL) Lynch Snyder amendment each time. If Democrats are seri- Davis (CA) Maffei Buyer Moore (WI) Stark Space Clay Pitts ous about reducing costs and passing stand- Davis (IL) Maloney Speier Davis (TN) Markey (CO) Dingell Radanovich alone bipartisan solutions, then I ask them to Stupak DeFazio Markey (MA) accept my language. The billions in waste that Sutton b 1215 DeGette Marshall Tanner we save could go a long way toward providing Delahunt Massa Messrs. KIRK and SIMPSON changed Taylor DeLauro Matheson health insurance for the millions of Americans Teague their vote from ‘‘yea’’ to ‘‘nay.’’ who cannot afford it. Dicks Matsui So the resolution was agreed to. Doggett McCarthy (NY) Thompson (CA) I urge my colleagues to oppose this closed Donnelly (IN) McCollum Thompson (MS) The result of the vote was announced rule. Doyle McDermott Tierney as above recorded. Ms. PINGREE of Maine. I yield back Driehaus McGovern Titus A motion to reconsider was laid on the balance of my time. Edwards (MD) McIntyre Tonko Towns the table. Ms. FOXX. The gentlewoman from Maine Edwards (TX) McMahon Ellison McNerney Tsongas f did not yield time to me so that I could explain Van Hollen Engel Meek (FL) HONORING THE LIFE OF MIEP that I did not urge opposition to the underlying Eshoo Meeks (NY) Vela´ zquez bill but only the rule. Etheridge Melancon Visclosky GIES Ms. PINGREE of Maine. I move the Farr Michaud Walz The SPEAKER pro tempore. The un- Fattah Miller (NC) Wasserman previous question on the resolution. Filner Miller, George Schultz finished business is the vote on the mo- The previous question was ordered. Foster Mollohan Waters tion to suspend the rules and agree to The SPEAKER pro tempore. The Frank (MA) Moore (KS) Watson the resolution, H. Res. 1074, on which question is on the resolution. Fudge Moran (VA) Watt the yeas and nays were ordered. The question was taken; and the Garamendi Murphy (CT) Waxman Gonzalez Murphy, Patrick Weiner The Clerk read the title of the resolu- Speaker pro tempore announced that Gordon (TN) Nadler (NY) Welch tion. the ayes appeared to have it. Grayson Napolitano Wilson (OH) The SPEAKER pro tempore. The Ms. FOXX. Mr. Speaker, on that I de- Green, Al Neal (MA) Woolsey question is on the motion offered by Green, Gene Nye Wu mand the yeas and nays. Grijalva Oberstar Yarmuth the gentleman from New York (Mr. The yeas and nays were ordered. MCMAHON) that the House suspend the The SPEAKER pro tempore. Pursu- NAYS—181 rules and agree to the resolution, H. ant to clause 8 of rule XX, this 15- Aderholt Bartlett Blackburn Res. 1074. minute vote on adoption of House Res- Akin Barton (TX) Boehner This will be a 5-minute vote. olution 1098 will be followed by 5- Alexander Biggert Bonner The vote was taken by electronic de- Austria Bilbray Bono Mack minute votes on motions to suspend Bachmann Bilirakis Boozman vice, and there were—yeas 421, nays 0, the rules on: Bachus Bishop (UT) Boustany not voting 11, as follows:

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[Roll No. 61] Myrick Ros-Lehtinen Stearns RECORDED VOTE Nadler (NY) Roskam Stupak Ms. PINGREE of Maine. Mr. Speaker, YEAS—421 Napolitano Ross Sullivan Neal (MA) Roybal-Allard I demand a recorded vote. Abercrombie Davis (CA) Johnson, E. B. Sutton Neugebauer Royce Ackerman Davis (IL) Johnson, Sam Tanner A recorded vote was ordered. Nunes Ruppersberger Aderholt Davis (KY) Jones Taylor The SPEAKER pro tempore. This is a Nye Rush Adler (NJ) Davis (TN) Jordan (OH) Teague Oberstar Ryan (OH) 5-minute vote. Akin Deal (GA) Kagen Terry Obey Ryan (WI) Thompson (CA) The vote was taken by electronic de- Alexander DeFazio Kanjorski Olson Salazar Thompson (MS) vice, and there were—ayes 415, noes 3, Altmire DeGette Kaptur Olver Sa´ nchez, Linda Andrews Delahunt Kennedy Ortiz T. Thompson (PA) not voting 14, as follows: Arcuri DeLauro Kildee Owens Sanchez, Loretta Thornberry [Roll No. 62] Austria Dent Kilpatrick (MI) Tiahrt Pallone Sarbanes AYES—415 Baca Diaz-Balart, L. Kilroy Pascrell Scalise Tiberi Bachmann Diaz-Balart, M. Kind Pastor (AZ) Schakowsky Tierney Abercrombie Cooper Higgins Bachus Dicks King (IA) Paul Schauer Titus Ackerman Costa Hill Baird Doggett King (NY) Paulsen Schiff Tonko Aderholt Costello Himes Baldwin Donnelly (IN) Kingston Payne Schmidt Towns Adler (NJ) Courtney Hinchey Barrow Doyle Kirk Pence Schock Tsongas Akin Crenshaw Hinojosa Bartlett Dreier Kirkpatrick (AZ) Perlmutter Schrader Turner Alexander Crowley Hirono Barton (TX) Driehaus Kissell Perriello Schwartz Upton Altmire Cuellar Hodes Bean Duncan Klein (FL) Peters Scott (GA) Van Hollen Andrews Culberson Holden Becerra Edwards (MD) Kline (MN) Peterson Scott (VA) Vela´ zquez Arcuri Cummings Holt Berkley Edwards (TX) Kosmas Petri Sensenbrenner Visclosky Austria Dahlkemper Honda Berman Ehlers Kratovil Pingree (ME) Serrano Walden Baca Davis (AL) Hoyer Berry Ellison Kucinich Platts Sessions Walz Bachmann Davis (CA) Hunter Biggert Ellsworth Lamborn Poe (TX) Sestak Wamp Bachus Davis (IL) Inglis Bilbray Emerson Lance Baird Davis (KY) Inslee Polis (CO) Shadegg Wasserman Bilirakis Engel Langevin Baldwin Davis (TN) Israel Pomeroy Shea-Porter Schultz Bishop (GA) Eshoo Larsen (WA) Barrow Deal (GA) Issa Posey Sherman Waters Bishop (NY) Etheridge Larson (CT) Bartlett DeFazio Jackson (IL) Price (GA) Shimkus Watson Bishop (UT) Fallin Latham Price (NC) Shuler Barton (TX) DeGette Jackson Lee Watt Blackburn Farr LaTourette Putnam Shuster Bean Delahunt (TX) Waxman Blumenauer Fattah Latta Quigley Simpson Becerra DeLauro Jenkins Weiner Boccieri Filner Lee (CA) Rahall Sires Berkley Dent Johnson (GA) Boehner Flake Lee (NY) Rangel Skelton Westmoreland Berman Diaz-Balart, L. Johnson (IL) Bonner Fleming Levin Rehberg Slaughter Whitfield Berry Diaz-Balart, M. Johnson, E. B. Bono Mack Forbes Lewis (CA) Reyes Smith (NE) Wilson (OH) Biggert Dicks Johnson, Sam Boozman Fortenberry Lewis (GA) Richardson Smith (NJ) Wilson (SC) Bilbray Doggett Jones Boren Foster Linder Rodriguez Smith (TX) Wittman Bilirakis Donnelly (IN) Jordan (OH) Boswell Foxx Lipinski Roe (TN) Smith (WA) Wolf Bishop (GA) Doyle Kagen Boucher Frank (MA) LoBiondo Rogers (AL) Snyder Woolsey Bishop (NY) Dreier Kanjorski Boustany Franks (AZ) Loebsack Rogers (KY) Souder Wu Bishop (UT) Driehaus Kaptur Boyd Frelinghuysen Lofgren, Zoe Rogers (MI) Space Yarmuth Blackburn Duncan Kennedy Brady (PA) Fudge Lowey Rohrabacher Speier Young (AK) Blumenauer Edwards (MD) Kildee Brady (TX) Gallegly Lucas Rooney Spratt Young (FL) Boccieri Edwards (TX) Kilpatrick (MI) Braley (IA) Garamendi Luetkemeyer Boehner Ehlers Kilroy Bright Garrett (NJ) Luja´ n NOT VOTING—11 Bonner Ellison Kind Broun (GA) Gerlach Lummis Barrett (SC) Hoekstra Rothman (NJ) Bono Mack Ellsworth King (IA) Brown (SC) Giffords Lungren, Daniel Blunt Pitts Stark Boozman Emerson King (NY) Brown, Corrine Gingrey (GA) E. Clay Radanovich Welch Boren Engel Kingston Brown-Waite, Gohmert Lynch Dingell Reichert Boswell Eshoo Kirk Ginny Gonzalez Mack Boucher Etheridge Kirkpatrick (AZ) Buchanan Goodlatte Maffei ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boustany Fallin Kissell Burgess Gordon (TN) Maloney The SPEAKER pro tempore (during Boyd Farr Klein (FL) Burton (IN) Granger Manzullo Brady (PA) Fattah Kline (MN) Butterfield Graves Marchant the vote). Members have 2 minutes re- Brady (TX) Filner Kosmas Buyer Grayson Markey (CO) maining in this vote. Braley (IA) Fleming Kratovil Calvert Green, Al Markey (MA) Bright Forbes Kucinich Camp Green, Gene Marshall b 1224 Brown (SC) Fortenberry Lamborn Campbell Griffith Massa Brown, Corrine Foster Lance Cantor Grijalva Matheson So (two-thirds being in the affirma- Brown-Waite, Foxx Langevin Cao Guthrie Matsui tive) the rules were suspended and the Ginny Frank (MA) Larsen (WA) Capito Gutierrez McCarthy (CA) Buchanan Franks (AZ) Larson (CT) Capps Hall (NY) McCarthy (NY) resolution was agreed to. Burgess Frelinghuysen Latham Capuano Hall (TX) McCaul The result of the vote was announced Burton (IN) Fudge LaTourette Cardoza Halvorson McClintock as above recorded. Butterfield Gallegly Latta Carnahan Hare McCollum A motion to reconsider was laid on Buyer Garamendi Lee (CA) Carney Harman McCotter Calvert Garrett (NJ) Lee (NY) Carson (IN) Harper McDermott the table. Camp Gerlach Levin Carter Hastings (FL) McGovern Campbell Giffords Lewis (CA) Cassidy Hastings (WA) McHenry f Cantor Gingrey (GA) Lewis (GA) Castle Heinrich McIntyre Cao Gohmert Linder Castor (FL) Heller McKeon EXPRESSING THE SENSE OF THE Capito Gonzalez Lipinski Chaffetz Hensarling McMahon HOUSE OF REPRESENTATIVES Capps Goodlatte LoBiondo Chandler Herger McMorris Capuano Gordon (TN) Loebsack Childers Herseth Sandlin Rodgers ON RELIGIOUS MINORITIES IN Cardoza Granger Lofgren, Zoe Chu Higgins McNerney IRAQ Carnahan Graves Lowey Clarke Hill Meek (FL) Carney Grayson Lucas Cleaver Himes Meeks (NY) The SPEAKER pro tempore. The un- Carson (IN) Green, Al Luetkemeyer Clyburn Hinchey Melancon finished business is the question on Carter Green, Gene Luja´ n Coble Hinojosa Mica suspending the rules and agreeing to Cassidy Griffith Lummis Coffman (CO) Hirono Michaud the resolution, H. Res. 944, as amended. Castle Grijalva Lungren, Daniel Cohen Hodes Miller (FL) Castor (FL) Guthrie E. Cole Holden Miller (MI) The Clerk read the title of the resolu- Chaffetz Gutierrez Lynch Conaway Holt Miller (NC) tion. Chandler Hall (NY) Mack Connolly (VA) Honda Miller, Gary The SPEAKER pro tempore. The Childers Hall (TX) Maffei Conyers Hoyer Miller, George Chu Halvorson Maloney Cooper Hunter Minnick question is on the motion offered by Clarke Hare Manzullo Costa Inglis Mitchell the gentleman from New York (Mr. Cleaver Harman Marchant Costello Inslee Mollohan MCMAHON) that the House suspend the Clyburn Harper Markey (CO) Courtney Israel Moore (KS) rules and agree to the resolution, H. Coble Hastings (FL) Markey (MA) Crenshaw Issa Moore (WI) Coffman (CO) Hastings (WA) Marshall Crowley Jackson (IL) Moran (KS) Res. 944, as amended. Cohen Heinrich Massa Cuellar Jackson Lee Moran (VA) The question was taken. Cole Heller Matheson Culberson (TX) Murphy (CT) The SPEAKER pro tempore. In the Conaway Hensarling Matsui Cummings Jenkins Murphy (NY) Connolly (VA) Herger McCarthy (CA) Dahlkemper Johnson (GA) Murphy, Patrick opinion of the Chair, two-thirds being Conyers Herseth Sandlin McCarthy (NY) Davis (AL) Johnson (IL) Murphy, Tim in the affirmative, the ayes have it.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H771 McCaul Poe (TX) Sires up the bill (H.R. 4626) to restore the ap- make an error in 1945 in adding an McClintock Polis (CO) Skelton McCollum Pomeroy Slaughter plication of the Federal antitrust laws antitrust exemption into the McCotter Posey Smith (NE) to the business of health insurance to McCarran-Ferguson Act at the last McDermott Price (GA) Smith (NJ) protect competition and consumers, minute during the debate. Not many of McGovern Price (NC) Smith (TX) and ask for its immediate consider- you were here at that time, and neither McHenry Putnam Smith (WA) McIntyre Quigley Snyder ation. was I, but leading consumer groups and McKeon Rahall Souder The Clerk read the title of the bill. senior citizen groups, State attorneys McMahon Rangel Space The text of the bill is as follows: general and others for years have been McNerney Rehberg Speier Meek (FL) Reyes Spratt H.R. 4626 urging that we in the legislature fix Meeks (NY) Richardson Stearns Be it enacted by the Senate and House of Rep- this error that has been made so long Melancon Rodriguez Stupak resentatives of the United States of America in ago. Mica Roe (TN) Sullivan Congress assembled, The bipartisan Antitrust Moderniza- Michaud Rogers (AL) Sutton Miller (FL) Rogers (KY) Tanner SECTION 1. SHORT TITLE. tion Commission established by this Miller (MI) Rogers (MI) Taylor This Act may be cited as the ‘‘Health In- body and President Bush in 2002 echoed Miller, Gary Rohrabacher Teague surance Industry Fair Competition Act’’. this call in its 2007 report. And now, as Miller, George Rooney Terry SEC. 2. RESTORING THE APPLICATION OF ANTI- we work to fix what everyone mostly Minnick Ros-Lehtinen Thompson (CA) TRUST LAWS TO HEALTH SECTOR IN- agrees is a broken health insurance Mitchell Roskam Thompson (MS) SURERS. Mollohan Ross Thompson (PA) (a) AMENDMENT TO MCCARRAN-FERGUSON market, it is about time to bring into Moore (KS) Rothman (NJ) Thornberry that market what is an essential ingre- Moore (WI) Roybal-Allard Tiahrt ACT.—Section 3 of the Act of March 9, 1945 Moran (KS) Royce Tiberi (15 U.S.C. 1013), commonly known as the dient of any well-functioning market— Moran (VA) Ruppersberger Tierney McCarran-Ferguson Act, is amended by add- competition. And the way we make Murphy (NY) Rush Titus ing at the end the following: sure that happens here is the same way Murphy, Patrick Ryan (OH) Tonko ‘‘(c) Nothing contained in this Act shall we made sure it happens in every other Murphy, Tim Ryan (WI) Towns modify, impair, or supersede the operation of industry—to have the antitrust laws Myrick Salazar Tsongas any of the antitrust laws with respect to the Nadler (NY) Sa´ nchez, Linda Turner business of health insurance. For purposes of apply. These laws are the principal pro- Napolitano T. Upton tector of free market competition and Neal (MA) Sanchez, Loretta Van Hollen the preceding sentence, the term ‘antitrust Neugebauer Sarbanes Vela´ zquez laws’ has the meaning given it in subsection the prosperity it provides, the principal Nunes Scalise Visclosky (a) of the first section of the Clayton Act, ex- guarantee that businesses who want to Nye Schakowsky Walden cept that such term includes section 5 of the offer choice and value to consumers Oberstar Schauer Walz Federal Trade Commission Act to the extent can do so. Obey Schiff Wamp that such section 5 applies to unfair methods Olson Schmidt Wasserman The blanket antitrust exemption in Olver Schock Schultz of competition.’’. the McCarran-Ferguson Act shields Ortiz Schrader Waters (b) RELATED PROVISION.—For purposes of health insurance companies from legal Owens Schwartz Watson section 5 of the Federal Trade Commission Pallone Scott (GA) Watt Act (15 U.S.C. 45) to the extent such section accountability for fixing prices, divid- Pascrell Scott (VA) Waxman applies to unfair methods of competition, ing up markets and customers they Pastor (AZ) Sensenbrenner Weiner section 3(c) of the McCarran-Ferguson Act serve so as to deny meaningful choice, Paulsen Serrano Whitfield shall apply with respect to the business of and using monopoly power to sabotage Payne Sessions Wilson (OH) health insurance without regard to whether Pence Sestak Wilson (SC) anyone who seeks to offer meaningful Perlmutter Shadegg Wittman such business is carried on for profit, not- competitive choice to consumers. This, Perriello Shea-Porter Wolf withstanding the definition of ‘‘Corporation’’ ladies and gentlemen, must end. Peters Sherman Woolsey contained in section 4 of the Federal Trade Antitrust court actions alleging each Peterson Shimkus Wu Commission Act. Petri Shuler Yarmuth of these practices, and more, have been Pingree (ME) Shuster Young (AK) The SPEAKER pro tempore. Pursu- blocked routinely in the courts by in- Platts Simpson Young (FL) ant to House Resolution 1098, the gen- voking the McCarran-Ferguson anti- NOES—3 tleman from Michigan (Mr. CONYERS) trust exemption, and that is what we and the gentleman from Texas (Mr. Broun (GA) Flake Paul are here to repair today. SMITH) each will control 60 minutes. Now, an antitrust expert attorney, NOT VOTING—14 The Chair recognizes the gentleman David Balto, with antitrust enforce- Barrett (SC) McMorris Radanovich from Michigan. ment experience acquired both at the Blunt Rodgers Reichert GENERAL LEAVE Clay Miller (NC) Stark United States Justice Department and Dingell Murphy (CT) Welch Mr. CONYERS. Madam Speaker, I the Federal Trade Commission, has Hoekstra Pitts Westmoreland ask unanimous consent that all Mem- found that State insurance commis- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bers may have 5 legislative days in sioners have not brought any actions The SPEAKER pro tempore (Ms. which to revise and extend their re- in any State against health insurers MCCOLLUM) (during the vote). Members marks and insert extraneous material for anticompetitive conduct during at are reminded there is less than 1 on H.R. 4626. least the last 5 years. minute left in this vote. The SPEAKER pro tempore. Is there Health insurance premiums continue objection to the request of the gen- to spiral ever-upward each year, and b 1232 tleman from Michigan? copayments and deductibles keep tak- So (two-thirds being in the affirma- There was no objection. ing further bites out of tight family tive) the rules were suspended and the Mr. CONYERS. Madam Speaker, I budgets. Those families have a right to resolution, as amended, was agreed to. yield myself such time as I may con- know that they are not being victim- The result of the vote was announced sume. ized by insurers any longer who should as above recorded. Madam Speaker and my colleagues, be competing to offer them choice and The title of the resolution was the bill before us will allow, for the value but, instead, are, unfortunately, amended so as to read: ‘‘Expressing the first time, competition to take hold in conspiring against them. sense of the House of Representatives the health insurance marketplace, an In its famous Topco ruling, the on the protection of members of vul- important and vital step in the road to United States Supreme Court refers to nerable religious and ethnic minority fixing our broken health insurance sys- the antitrust laws as the Magna Carta communities in Iraq.’’. tem and containing costs. I want to of free enterprise. The health insurance A motion to reconsider was laid on commend, in particular, my colleagues industry should not be exempt from the table. TOM PERRIELLO of Virginia and BETSY them. f MARKEY of Colorado for working with The Judiciary Committee has been our committee on this important ef- working to remove this harmful ex- HEALTH INSURANCE INDUSTRY fort. emption for a number of years. We FAIR COMPETITION ACT Experience has shown that Con- made a lot of headway under the dis- Mr. CONYERS. Madam Speaker, pur- gress—and we hate to admit having tinguished chairman, our former col- suant to House Resolution 1098, I call made mistakes in the past, but we did league, Jack Brooks of Texas, who

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H772 CONGRESSIONAL RECORD — HOUSE February 24, 2010 headed the committee after Peter Ro- small and medium-sized insurers to ag- All of these expenses are then passed dino and after Emanuel ‘‘Manny’’ gregate information for underwriting on to patients in the costs of health Celler, and it is time to complete this purposes so they can compete effec- care. That is why some States, includ- effort in the area of health insurance tively against larger companies. In ing my home State of Texas, have en- since this is the number one subject, other words, McCarran-Ferguson helps acted tort reform, which limits the legislatively, before us being watched to promote competition by making amount of excessive damages awarded carefully by everyone in the Nation. small and medium-sized underwriters in frivolous lawsuits. The result? Insur- Last fall, our Judiciary Committee viable. ance premiums have fallen, and the reported a similar bill which was incor- Eliminating the exchange of data availability of medical care has ex- porated into the comprehensive health provision that was included in earlier panded. But this bill will do nothing to care bill passed by the House. And so I versions of this bill likely will impede reduce the costs of health care. commend my colleagues, Representa- new entry into the health insurance Congress should set aside this bill, tives Perriello and Markey, for their markets. This means that there could and it should take up lawsuit abuse re- leadership in bringing this effort back be less competition among health in- form, which could reduce health care to the House floor today as a free- surers. costs for our constituents. standing measure. That said, I believe, as does the Anti- Madam Speaker, I reluctantly sup- With more and more people having to trust Modernization Commission, that port this, unfortunately, ineffective choose between having health insur- antitrust exemptions should be rarely bill. ance or food on the table, isn’t it about granted or created. Yet, if they are I reserve the balance of my time. Mr. CONYERS. Madam Speaker, be- time the health insurance companies’ necessary, they should be written in as fore I yield to SHEILA JACKSON LEE, I cozy antitrust exemption be taken off limited a way as necessary to meet a yield myself 1 minute because my dear the books? compelling public policy goal. friend, the ranking member, asked, So I urge all my colleagues to sup- I can understand why some of my colleagues may want to support this What is the point of this legislation? port this long-overdue, pro-consumer We have made a long list of points of bill, and given that it will have no legislation that will affect citizens and this legislation. To begin with, it is to meaningful impact, I don’t oppose it. families in every State. increase competition in the health care However, when repealing an existing Madam Speaker, I reserve the bal- industry. It also is to shine a light on antitrust exemption, we should be ance of my time. industry practices that are currently careful of the unintended consequences Mr. SMITH of Texas. Madam Speak- unavailable and undetectable because er, I yield myself such time as I may of our actions. of the exemption. That’s why we are on The majority has avoided one unin- consume. the floor today. Madam Speaker, H.R. 4626, the tended consequence of this legislation I yield 3 minutes to a distinguished Health Insurance Industry Fair Com- by limiting its application solely to member of the committee, the gentle- health insurers. Eliminating mal- petition Act, unfortunately doesn’t do woman from Houston, Texas, SHEILA much. In fact, it has all the substance practice insurers goes a long way to- JACKSON LEE. of a soup made by boiling the shadow ward making this bill more reasonable. Ms. JACKSON LEE of Texas. I thank of a chicken. However, the majority should adopt the distinguished chairman. In his State of the Union address on further changes to this bill to dem- Madam Speaker, I rise to announce January 27, President Obama chal- onstrate that they are more interested to the American public and to this lenged Congress to create a plan that in legislating than in targeting an un- body that, as we stand here today, over ‘‘will bring down premiums, bring down popular industry for no real policy rea- a year’s time, 45,000 Americans die be- the deficit, cover the uninsured, son. cause they don’t have health insur- strengthen Medicare for seniors, and Specifically, this legislation should ance. They don’t have health insurance stop insurance company abuses.’’ The be amended to define the term ‘‘busi- because the premiums have literally administration’s health care plan does ness of health insurance.’’ Second, we spiraled beyond any imagination. So, just the opposite. It increases pre- should reinsert the exchange of data today, we are rising to create an oppor- miums, increases taxes, and reduces provision that was added to the bill in tunity for Americans to live and for Medicare benefits for seniors. committee. Finally, we should clarify lives to be saved because competition Will today’s McCarran-Ferguson re- that this bill will not impinge upon is the engine, not only of the economy, peal bring down insurance premiums? State insurance regulations. None of but it is the engine of better health No. The Congressional Budget Office these concepts are revolutionary. They care for all Americans. says that ‘‘whether premiums would were all included in earlier versions of Here is an example that shows how increase or decrease as a result of this this legislation that were passed by the increased premiums are the complete legislation is difficult to determine, House. opposite of commitment and service to but in either case the magnitude of the That said, if the majority really our constituency: When the State of effects is likely to be quite small.’’ wants to help consumers, we should California passed a law in 1988 that consider a measure that could actually eliminated the State antitrust exemp- b 1245 achieve savings for patients: medical tion for the auto insurance industry, So what’s the point of the bill? malpractice tort reform. auto premiums for consumers in Cali- The CBO goes on to say that pre- According to a study by the Harvard fornia rose 9.8 percent when the rest of mium reductions from this bill are School of Public Health, 40 percent of the premiums in the Nation were going likely to be small because ‘‘State laws all medical malpractice suits against down. The Consumer Federation of already bar the activities that would doctors and hospitals are ‘‘without America said that consumers would be prohibited under Federal law if this merit.’’ So every doctor must purchase save over $50 billion in insurance pre- bill was enacted.’’ malpractice insurance at great expense miums by repealing the 1945 McCarran- So what’s the point of the bill? to protect themselves from frivolous Ferguson Act. The National Association of Insur- lawsuits. I thank the distinguished colleague ance Commissioners pointed out that A Department of Health and Human from our Judiciary Committee, Mr. bid-rigging, price-fixing, and market Services study found that unlimited PERRIELLO, for his leadership, along allocation ‘‘are not permitted under excessive damages add $70 billion to with many others. the McCarran-Ferguson Act, and are $126 billion annually to health care Removing the antitrust exemption not tolerated under State law. Indeed, costs. Doctors are so concerned about will not only enable appropriate en- State insurance regulators actively en- frivolous lawsuits that they have to forcement against these unjust prac- force prohibitions in these areas.’’ practice defensive medicine and order tices when they are uncovered, but it So, again, what’s the point of the unnecessary tests and procedures. HHS will also give all health insurance com- bill? estimates the national cost of defen- panies healthy competitive incentives The McCarran-Ferguson Act’s Fed- sive medicine is now more than $60 bil- so you as a family of four, as a grand- eral antitrust exemption simply allows lion. mother, as a single parent can get the

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H773 insurance possible as we move forward eliminated the state antitrust exemption for the ance is supported by conservative political in health insurance. auto insurance industry, auto premiums for leaders as well such as Governor Bobby The attorney general of New York, in consumers in California have risen by only Jindal of Louisiana, Senator JOSEPH his investigation, found that insurance 9.8% while the rest of the country has seen LIEBERMAN, and former Majority Leader Trent companies engage in collusion. That’s auto premiums rise by over 48 percent. The Lott. why we need this. We want to break Consumer Federation of America has said that This bill is also necessary because, over the the rules so we can help doctors with consumers would save over $50 billion in in- years, health insurers have been able to use lower premiums and medical mal- surance premiums by repealing the 1945 this antitrust exemption to block court actions practice and with shielding our con- McCarran-Ferguson Act for all lines of insur- regarding anti-competitive behavior. For exam- stituency from these Godforsaken ance. Further, it is estimated that subjecting ple, in Ocean State Physicians Health Plan, prices. health insurance companies to federal antitrust Inc. v. Blue Cross & Blue Shield of Rhode Is- Let me tell you that we have seen laws would lower premiums by 10% or more. land, the First Circuit Court—citing the this in action in the Ocean State Phy- Removing this antitrust exemption will not McCarran-Ferguson antitrust exemption— sicians Health Plan v. Blue Cross and only enable appropriate enforcement against overturned a jury verdict against the dominant Blue Shield. Citing this act, this anti- these unjust practices when they are uncov- health insurer for using its monopoly power to trust prevention act, the First Circuit ered; it will also give all health insurance com- put financial pressure on area employers to overturned a jury verdict against the panies healthy competitive incentives that will refuse to do business with a competing HMO. dominant health insurer for using its promote better affordability, improved quality, Removing this antitrust exemption is sup- ported by key law enforcement groups, includ- monopoly power to put financial pres- increased innovation, and greater consumer ing the National Association of Attorneys Gen- sure on area employers to refuse to do choice, as the antitrust laws have done eral. In 2007, the National Association of At- business with a competing HMO. The throughout the rest of the economy for over a torneys General—representing both Demo- First Circuit, because of the exemp- century. tion, blocked any opportunity for com- The antitrust exemption was enacted in cratic and Republican State Attorneys Gen- petition. We need to change this, and 1945, as part of legislation whose main pur- eral—overwhelmingly adopted a resolution calling for repealing this exemption. As the we have found that this collusion is pose was simply to reaffirm the authority of resolution pointed out, ‘‘the National Associa- hurting us. States to regulate insurance for the protection tion of Attorneys General consistently has op- So, Madam Speaker, I would say to of their citizens. The antitrust exemption was posed legislation that weakens antitrust stand- you that, in order to save lives, like quietly inserted at the end of the legislative ards for specific industries because there is no the lives in my 18th Congressional Dis- process, in conference committee. As a result, evidence that such exemptions promote com- trict, where Texas is the poster child insurance companies have been shielded from for the most uninsured, 1.1 million—it petition or serve the public interest.’’ legal accountability for price fixing, dividing up In addition, in a recent letter to Congress, has the dubious honor of being the territories among themselves, sabotaging their nine State Attorneys General pointed out, largest uninsured State in the Nation. competitors in the marketplace in order to gain ‘‘Since 1977, and most recently in 2007, anti- My county, Harris County, as we fight monopoly power, and other practices that un- trust experts and enforcers have concluded over and over for health insurance, justly harm consumers. Moreover, antitrust that repealing the McCarran-Ferguson exemp- does not have people who are insured. court actions alleging each of these practices, tion would result in enhancing competition So this will help bring, along with the and more, have been blocked by invoking the while allowing standard industry practices nec- health reform that we will pass in the McCarran-Ferguson antitrust exemption. essary for the proper functioning of these mar- next couple of weeks, the idea of saving For far too long, the health insurance indus- kets, such as sharing loss and other insured lives and of providing for our children try has played by a different set of rules. risk information.’’ and our families. Shielding health and medical malpractice in- Removing this antitrust exemption is also Chairman CONYERS had the single- surance companies from federal antitrust laws supported by leading consumer groups. Nu- payer bill. That was the initiative that is a practice that must end. merous consumer groups—including the Con- should have gone forward, but now we Madam Speaker, the American public sumers Union, Consumer Federation of Amer- have a way of saving lives. This is fis- agrees that the special treatment the anti-trust ica, U.S. PIRG, Center for Justice and Democ- cally secure, and it provides security to exemption affords insurance companies must racy, and Public Citizen—strongly support re- those who are in need. I ask that you come to an end. A recent Rasmussen poll moving this antitrust exemption. In a joint letter support this legislation to, again, save found that 65% of Americans favored remov- to Congress, consumer groups pointed out lives. ing the anti-trust exemption for health insur- that, under this legislation, health insurance Madam Speaker, I rise in support of H.R. ance companies. Of those polled, Democrats companies ‘‘would be required to play by the 4626, Health Insurance Industry Fair Competi- supported subjecting insurance companies to same rules of competition as virtually all other tion Act, a bill designed to restore competition antitrust laws by a seven-to-one margin. Sixty- commercial enterprises operating in America’s and transparency to the health insurance mar- four percent (64%) of independent voters and economy.’’ ket—by repealing the blanket antitrust exemp- 58% of Republicans also believe insurers In closing, I want to also take this time to re- tion afforded to health insurance companies should abide by antitrust laws. This data dem- iterate my support for a public health care plan by the McCarran-Ferguson Act of 1945. Today onstrates that there is bi-partisan public sup- that covers every one of the 47 million people 45,000 people a year die without health insur- port for demanding that health insurance com- who live in our great nation without health in- ance and they die because they do not have panies play by the same rules as other com- surance. Madam Speaker, my state of Texas health insurance! This is a matter of life and panies in America. has the dubious honor of being the uninsured death. Madam Speaker, I agree with the majority of capital of the nation. Further, with more than Madam Speaker, competition is the engine the American public that shielding health and 1.1 million of the nation’s uninsured living in that drives our economy, spurs innovation, medical malpractice insurance companies my own county, Harris County, I represent and ensures that the American consumer re- from federal antitrust laws is a practice that what some have labeled as ground zero of the ceives a fair deal on goods and services. must end. Eliminating the anti-trust exemption health care debate. Thus, the issue of uni- There is significant evidence that removing the for the health care industry is a vital step to- versal health care coverage—something that antitrust exemption will increase competition in ward reforming health care, lowering prices for would have been achieved by Chairman CON- the insurance industry and will result in lower consumers and doctors, and leveling the play- YERS’ Single Payer bill, which I supported, is prices and other benefits for consumers. In ing field for American businesses. more than an empty slogan; it’s a matter of fact, experience has shown time and time The Consumer Federation of America has fiscal and physical life and death to the people again the benefits of increased competition in said that consumers would save over $50 bil- of the 18th Congressional District. Therefore, the form of lower prices, increased choice, lion in insurance premiums by repealing the no matter how the pending debate over the and greater innovation. 1945 McCarran-Ferguson Act for all lines of details of the health reform bill winds up, my A healthy and competitive health insurance insurance. Further, it is estimated that sub- constituents can count on me to continue market will drive prices down in the health in- jecting health insurance companies to federal fighting and continue working together with my surance industry, just as we have seen it do antitrust laws would lower premiums by 10% colleagues of both parties, to ensure that ev- in so many other industries where competition or more. Moreover, in addition to bi-partisan eryone in my district, in Houston, in Texas, is allowed to take hold. For example, since the support amongst the American public, repeal- and in America has access to affordable and state of California passed a law in 1988 that ing anti-trust exemptions for all health insur- quality health care.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H774 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Mr. SMITH of Texas. I yield myself 1 companies enter the market? This bill very shortly, but for now I yield 3 min- minute. will prohibit that. utes to the distinguished chairman of Madam Speaker, let me say that I al- Small insurance companies rely on the Judiciary Subcommittee on Courts ways appreciate what my colleagues the data collected from their larger and Antitrusts, a former magistrate in state on the House floor, and I appre- competitors, and share it industrywide the courts of Georgia himself, Sub- ciate their good comments during de- in order to accurately set their rates. committee Chair HANK JOHNSON. bate. To the extent that they want to However, this would be forbidden under Mr. JOHNSON of Georgia. I thank increase competition among insurance the bill. If small insurers can’t get the the chairman for yielding. companies and want to reduce insur- data, further consolidation is likely. Madam Speaker, last week I was ance premiums, I completely agree Small insurance will either merge to shocked to learn that in the middle of with them, but we should not think gain a competitive edge or get swal- the great recession, which was caused that any of those comments or any of lowed up by the big insurance giants. by the deregulation, hands-off policies those desires or any of those goals have Again, the majority is putting together of the prior administration, and during anything to do with the bill that we an insurance company consolidation this time when families across my dis- are considering here today. bill—less competition rather than trict and across the Nation are strug- Once again, in case some of my col- more. Worse, a repeal could result in gling with rising unemployment and leagues missed it, let me read what the the small insurers’ going out of busi- while health insurance companies have Congressional Budget Office said about ness altogether. Meanwhile, for the big recently announced that last year was this legislation. They said, ‘‘Whether insurance companies, the big, bad in- their best year on record as far as prof- premiums would increase or decrease surance companies with the means to its are concerned, $12 billion last year as a result (of this legislation) is dif- collect and analyze this data in-house, in profits for the insurance industry, ficult to determine, but in either case, it would simply be business as usual. and while that’s the case, they are an- the magnitude of the effects is likely The SPEAKER pro tempore. The nouncing plans to raise insurance pre- to be quite small.’’ So this bill has no time of the gentleman has expired. miums by 40 percent in some markets. point. Mr. SMITH of Texas. I yield the gen- During this time of hurt and pain and Madam Speaker, I yield 3 minutes to tleman an additional 2 minutes. also making money by the insurance the gentleman from Wisconsin, the Mr. SENSENBRENNER. This legisla- industry off these people who are hurt- former chairman of the Judiciary Com- tion attempts to solve a problem that ing and in pain, we are considering mittee, Mr. SENSENBRENNER. doesn’t exist. today removing the antitrust exemp- Mr. SENSENBRENNER. Madam First, there is no evidence that the tion that insurance companies have en- Speaker, listening to the arguments exemption has increased health insur- joyed for over 60 years. And it’s time that have been advanced by the pro- for this protection and immunity from ponents of the bill, all I can say is what ance prices or profits or that it has contributed to higher market con- antitrust law and this anticompetitive you hear is not what you are going to behavior, it’s time for it to come to an get if this bill is enacted into law. centration. Second, the effort to repeal McCarran-Ferguson is based on the be- end. There is a reason this antitrust ex- This insurance industry which deliv- lief that it allows individual insurers emption has survived now for 65 years, ers health care to the people has been to collude on prices and policy cov- which is that it actually has encour- broken for a long time. We all know it, erage. aged competition because it allows and it’s time to change it. And this is State laws prohibit insurers from smaller insurers to use the actuarial a good place to change it. It will help data that larger insurers are able to bid-rigging, price-fixing and market al- with competition if we pass this law amass. If the smaller insurers can’t get location to restrain competition. State today. That will happen only if we this actuarial data, which is what will insurance regulators actively enforce start applying anticompetitive, anti- happen if this bill is enacted into law, the prohibition in these areas, and this trust legislation to the insurance in- then they will either be gobbled up by legislation would only add another dustry. There’s simply no reason why the larger insurers, which get the data layer of Federal regulation and litiga- they should continue to benefit from in-house, or they will go out of busi- tion to an industry that operates under it. ness. As a result, there will be less a robust and well-established State Don’t listen as the health insurance competition rather than more. So what regulatory regime. industry tries to tell you that they you hear today about competition is There are ways, however, to promote can’t live under the antitrust laws. not what you are going to get if this competition in the health insurance Every other industry does. It’s high exemption is repealed. market. One change Congress should time that they do too. Consumers will Now, repealing the limited exemp- consider is permitting individuals and benefit, the economy will benefit, and tion that health insurance carriers businesses to buy their health insur- health insurance insurers who want to have under the McCarran-Ferguson Act ance policies from any willing provider compete honestly will too. is, at best, going to change little and, in any State. Under current law, an in- Let’s give struggling American fami- at worst, is going to be counter- surance firm registered in one State lies an honest health insurance market productive. As the CBO concluded in may not cover individuals in another by enacting this important bill. October, repealing the exemption without registering in the second State Mr. SMITH of Texas. Madam Speak- would have little or no effect on insur- and being subject to all its taxes and er, I yield 5 minutes to the gentleman ance premiums because State laws al- laws. This raises the cost of doing busi- from California (Mr. DANIEL E. LUN- ready bar the activities that would be ness across State lines, and it prevents GREN), a senior member of the Judici- prohibited under Federal law should many smaller or mid-sized companies ary Committee. the bill be enacted. Instead, additional from entering the markets to compete. Mr. DANIEL E. LUNGREN of Cali- regulatory burdens on insurers will Simply put, this is not the type of re- fornia. I thank the ranking member for likely be passed on to the policyholders form that is needed, and it is not the the time. in the form of higher premiums. type of reform that Americans were Let me say at the outset, I do not be- This, my friends, is the majority’s promised. lieve that health insurance companies higher health insurance premium bill should be exempt from our Nation’s in the name of competition. It’s not b 1300 antitrust laws. As one of those who be- going to happen. The bill would subject I challenge my colleagues on the lieves and hopes that those applauding to new Federal enforcement a variety other side of the aisle, Madam Speaker, would join me in supporting the idea of of ongoing collaborative practices to come up with commonsense reforms, buying health insurance across State among health insurers which are cur- one that will do in fact what appears in lines, when we reach that accomplish- rently permitted by the States because speech. This bill fails on both counts. ment, I think it is appropriate for us they allow the small insurers to com- Mr. CONYERS. Madam Speaker, the not to have a Federal antitrust exemp- pete. former chairman emeritus has raised a tion. Now, shouldn’t we be for small insur- number of points that amount to When health care has been primarily ers? Shouldn’t we be for having new verbal jujitsu that I will be addressing and in a very real sense exclusively the

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H775 province of the States, under their ju- Brooks’s language in any legislation do business. Let’s respect the integrity risdiction, the attorney generals of the before us. I’m hopeful that the motion of the institution and the work that States have retained the ability to en- to recommit might contain that lan- has been done in the duly established force the antitrust laws of those guage, and I would hope that people committee process. States. So we’re entering a new era, I would set aside partisan differences I would hope that when this part of would hope, where we would be able to, and support it. the recommittal motion is discussed, if, in fact, this one Republican idea So aside from the issue of the deni- we’ll discuss it in light of the history finds its way into legislative enact- gration of the committee process—and of this bill—the language taken from ment, find an opportunity to extend I think that’s an important thing we the Jack Brooks bill; the language the universe of decisions that might be ought to take into consideration. The taken from the majority’s health care accessed by individuals or their em- subcommittee, committee, you act on bill passed just this year. ployers by way of insurance policies this bill. You debate it. You consider Mr. CONYERS. Madam Speaker, I that may be available in other States. amendments. You vote out the amend- yield myself 2 minutes. My intention is to vote in favor of ment on a unanimous bipartisan vote. I want to respond to the senior mem- this bill. However, my concern is that Then you have bipartisan support for ber of the Judiciary Committee, a the bill before us is not nearly as good the bill as it comes out of committee. former attorney general of California as it should be because normal bipar- And then what happens? It’s changed and a friend of all of us on the com- tisan committee process has been cir- before it comes to the floor. And we mittee, an effective member, and all I cumvented. had one of the members of the Rules want him to know is that we approved As has been noted by some in advanc- Committee say she wasn’t going to en- his provision in the Judiciary Com- ing this bill, I did vote in favor of the gage me in debate because, she said, I mittee because we thought it was a Health Insurance Industry Antitrust don’t have the expertise on this issue. good provision. It was unanimous. I Enforcement Act of 2009 when it So I presume that means if you have don’t recall that anyone voted against marked up in the Judiciary Com- expertise, and that’s what committees it or spoke against it. The problem, mittee. At that time, I offered an are supposed to have, you ignore that though, is that when we got to the amendment to the bill to allow the so you can come to the floor and not Rules Committee, our leadership on sharing of historical data and the per- allow debate utilizing that expertise both sides of the aisle, I hope, had formance of actuarial services by in- because you prohibit that amendment come up with another bill and that bill surance companies. Not future from being considered on the floor. omitted it. We were not able to get trending data but rather looking-back- H.R. 4626 will have precisely the op- that put back in. ward historical data. At that time, it posite effect of its stated intention if, We think that their reasoning is not was adopted unanimously by the com- in fact, the notion of sharing historical altogether strange or out of order or mittee, therefore, on a bipartisan basis. data is not considered appropriate and violating any procedure, but here’s Our distinguished chairman of the legal. The economics of the insurance what it was. This is what they told me: committee supported my amendment, industry are such that companies de- They said, if there are no antitrust ex- which he described at the time as ‘‘a pend on information. Why? In order to emptions in this measure, then you helpful clarification.’’ enable them to price their products. don’t need to specifically retain a part If there’s one thing that we ought to They have to base it on something. of the antitrust exemption relating to The SPEAKER pro tempore. The understand when we have this down- the safe harbors provision, because if it turn in the economy, if you want to time of the gentleman has expired. Mr. SMITH of Texas. Madam Speak- isn’t an antitrust provision, they aren’t make sure things don’t happen in the er, I yield the gentleman 2 additional going to be affected anyway. private economy, insert uncertainty. If minutes. So it’s in that spirit that I appreciate you want to make sure that things cost Mr. DANIEL E. LUNGREN of Cali- the comments of the gentleman from more than they otherwise would, insert fornia. I thank the gentleman. California, and I hope that we can con- uncertainty. And that’s what we are It is better if they have actual data tinue to work together as much as we doing by not allowing that in the bill upon which to make their decisions. can, and perhaps the final vote here before us. And here’s the rub: As was mentioned will be more bipartisan than many In fact, I should point out to my by the gentleman from Wisconsin, it is thought that it would. friends on the other side, section 262 of the small companies which depend on Madam Speaker, I now would like to your health care bill, your health care the availability of information the yield 2 minutes to a senior member of bill, adopted on this floor, allowed for most. Smaller companies simply do not the Congress from Iowa (Mr. BOSWELL). the sharing of such information. It con- have a sufficiently large volume of in- (Mr. BOSWELL asked and was given tained the language of my amendment. formation to price their products effi- permission to revise and extend his re- Unfortunately, for whatever reason, it ciently. So it’s for this reason that it is marks.) has been held out of the bill before us. of the utmost importance that insurers Mr. BOSWELL. I thank the chairman Unless anyone thinks I have risen to have the ability to share historical for this opportunity. I appreciate it. speak because of sour grapes because data. Madam Speaker, I rise today in sup- my amendment with my name on it Now, am I just saying this? No. In port of the Health Insurance Industry was not included in this bill, let me this record, a Congressional Research Fair Competition Act. clarify the case. I can give you assur- Service report raises the possibility An original cosponsor of this legisla- ance that is not the case for the simple that were such data not available to tion, I believe that our health insur- reason that I cannot take personal small insurance companies, we might ance companies need to be held to the credit for the guts or the contents of see the ironic outcome of further con- competitive standard our free market this amendment. centration in the insurance industry. demands. The truth of the matter is that the Again, not my conclusion; the conclu- For too long, these companies have hard work done to repeal the sion of the Congressional Research re- told our constituents what they will McCarran-Ferguson Act began with the port done most recently. insure and what they will be paid. Just efforts of then Chairman Jack Brooks, So, yesterday I did approach the recently, 80,000 Iowans were told that Democratic chairman, in the 101st, Rules Committee to ask my amend- their insurance rates would jump by an 102d, and 103d Congresses. Ironically, at ment, the Brooks amendment, as I call average of 18 percent, with many facing the beginning of our committee mark- it, be restored to the health insurance increases of as much as 25 percent. up, our chairman described the repeal antitrust bill. And even though it was These same individuals have seen their of McCarran-Ferguson ‘‘as a tribute to approved unanimously by my col- rates increase by 101⁄2 percent each year Jack Brooks.’’ So if we really wish to leagues on the Judiciary Committee, since 2005. pay tribute to Jack Brooks, and I be- my request was inexplicably rejected I insist that light be shed on the pric- lieve we should, perhaps a good place by the Rules Committee. ing of health care costs and that con- to start would have been to allow an This is not the way, I would say, sumers have access to how their pre- amendment to include Chairman Madam Speaker, that this body should miums and copays are determined. I

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H776 CONGRESSIONAL RECORD — HOUSE February 24, 2010 would particularly like this informa- Furthermore, State insurance com- says the following: ‘‘The business of in- tion for my constituents whose pre- missioners already typically review the surance, while exempted from Federal mium increase is twice what it was in rates charged by insurance companies. antitrust law, is still subject to State 2009. So what does this basically mean in a antitrust enforcement actions.’’ That Iowans in the Third District are nutshell? Basically, States are working is important. ‘‘In fact, even if the struggling to make ends meet. They in this direction already, and that the McCarran-Ferguson antitrust exemp- deserve to know how a company can passage of this legislation will have a tions were repealed, the State action spend as much as perhaps $200 million minimal positive impact. doctrine exempting them would con- on a new headquarters and turn around Just a side note. When we talk about tinue to apply. The most likely result and double their premium increases State insurance regulation in general, of this repeal would therefore not be from 2009 to 2010 and then claim these you have to remember when we are increased competition, but a series of two things have nothing to do with one talking about the financial situation lawsuits testing the limits of the State another. that we are in right now, it was not the action doctrine, with associated litiga- b 1315 fault of the State regulators of the fi- tion costs being passed along to the nancial marketplaces that brought us Our support for this legislation will consumers in the form of higher pre- to where we are, it is the fault largely make it illegal for companies to price miums.’’ The conclusion, Madam Speaker, is fix, practice bid rigging, and market to errors and omissions in the Federal more litigation, more harmful consoli- allocation simply to drive up costs on regulators. So if we are trying to cast dation, and more increase to the cost American consumers. blame or aspersion on any regulators Mr. SMITH of Texas. Madam Speak- out there, it should not be on the State to the consumer, all things that we er, first of all, I just want to say that regulators, because in essence they should be working to oppose. And that I appreciated what the chairman of the have done their jobs, and we should not is why I do not support the underlying Judiciary Committee just said a be throwing other impediments to that legislation. Mr. CONYERS. Madam Speaker, no minute ago to Mr. LUNGREN. I under- getting done. stood him to make very positive com- Second point, someone already men- one has worked harder on this measure ments about the so-called Brooks-Lun- tioned about a report out of the CBO. that is not a member of the Judiciary gren amendment. And I hope that that Let me go into a little bit more spe- Committee than PETER DEFAZIO of Or- augurs well for the majority’s accept- cifics about what the CBO said with re- egon. And I yield to him 3 minutes. ing our motion to recommit at the end gard to costs. CBO said, and I quote, Mr. DEFAZIO. I thank the distin- of this debate. At least I would expect ‘‘To the extent that insurers would be- guished chairman for bringing this that. come subject to additional litigation, issue before us. At this point, Madam Speaker, I will their costs and thus their premiums We have heard on the Republican side yield 3 minutes to the gentleman from might increase.’’ Let me repeat that. this is just about the little guys. They New Jersey (Mr. GARRETT), a member Their premiums might increase. So to only want to help the little guys. Ex- of the Budget Committee and the Fi- all the points of the other side of the cept that the loopholes that they nancial Services Committee. aisle saying that we are doing this with would create with the Lungren provi- Mr. GARRETT of New Jersey. the good intention of trying to get pre- sions could be used by the big guys. So Madam Speaker, I rise in opposition to miums to come down, what do the ex- if you like the status quo, if you like the bill for a number of substantive perts, the nonpartisan CBO, say? Just the fact that some of the largest insur- reasons. But also, quite honestly, after the opposite, premiums might go up. ance companies in America saw their hearing the comment from the gen- So the conclusion there is here is a profits go up by 56 percent last year, if tleman from California, I also was case where increased litigation costs you like the fact that in many States about to say I rise with concerns as to would actually drive up the cost of in- we are seeing huge, double-digit in- the process as well. surance, and not bring it down. creases, over 50 percent in Michigan, 40 I appreciate the ranking member’s Third and final point, touched upon a percent in California, 20 percent in my comment as far as potentially moving little bit, and let me go in more detail. State, if you think the system’s work- forward on this. I too have been there This legislation could have the effect ing today, then you should support Mr. in the past, where we do things in com- of shutting out new entrants, not folks LUNGREN’s idea, preserve the status mittee, in the relevant committees I already there, but shutting out new en- quo. That is what they are saying. serve on, serve on Financial Services trants into the marketplace. Keep the loopholes. Allow them to con- Committee and have agreements with The SPEAKER pro tempore. The tinue to collude and price fix. the other side of the aisle and with the time of the gentleman has expired. Now, there are a few other people chairman specifically of Financial Mr. SMITH of Texas. Madam Speak- who disagree with them. In fact, we Services, with Chairman FRANK, and er, I yield the gentleman 2 additional had a bipartisan commission created then things go to the Rules Committee, minutes. by the Republican Congress when they and I don’t know whether it was a bi- Mr. GARRETT of New Jersey. Thank controlled the House and the Senate partisan obstacle in this case, but be it you. and signed into law by President as it may, problems happen with Rules This legislation would have the effect George Bush. The members were ap- Committee. And I can tell you with my of shutting out new entrants into the pointed by George Bush, the Repub- working with Chairman FRANK, he was marketplace. The other side of the lican heads of the House and the Sen- able to actually get things done then aisle has already talked about the fact ate. And their conclusions considered on the floor as far as the substantive that they want to have greater com- Mr. LUNGREN’s arguments and they re- amendments done here to get it done. petition in this area of health insur- jected them. So I hope that we see similar action ance, and I am assuming insurance A bipartisan, professional commis- with regard to this as well that we across the board. But what this will do, sion created by the Republicans and have seen in other committees. as the gentleman and others have al- George Bush said, after saying, yes, But I do rise in opposition or concern ready said on the floor, is basically say there are these arguments being made, about this bill with regard to the re- to the new entrants, to the small com- but they say, ‘‘Like all potentially ben- peal of the McCarran-Ferguson aspect. panies who want to get into this mar- eficial competitor collaboration gen- And I do so for three points. One has ketplace, to be able to compete against erally, however, such data sharing been touched upon, but I want to go the large entrenched companies that would be assessed by antitrust enforc- into a little bit more detail with regard are already there, you are pushed out, ers and the courts under a rule of rea- to the CBO. CBO, Congressional Budget you are locked out. So is that what we son analysis that would fully consider Office, nonpartisan entity, has noted want to do with this legislation? That the potential procompetitive effects of the States already have the laws on the will be the impact. such conduct and condemn it only if, books to prevent what we are really Let me conclude then. In a letter to on balance, it was anticompetitive.’’ trying to deal with here, price fixing Speaker PELOSI, the National Associa- They don’t want the Justice Depart- and bid rigging, et cetera. tion of State Insurance Commissioners ment to have that capability. They

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H777 don’t want any additional levels of re- historical data and the other is realize it is only the committee of ju- view. trending data. And they are two dif- risdiction that has expertise in this Mr. DANIEL E. LUNGREN of Cali- ferent things. My amendment does area. I understand that those of us who fornia. Will the gentleman yield? nothing about allowing insurance com- have done antitrust law ought not to Mr. DEFAZIO. There are many States panies to work together and compare be listened to because those who have that are totally incapable of dealing trending data, which is data going for- said on this floor that they have no ex- with these issues, particularly with ward, despite the fact that some in the pertise in this and they don’t under- multistate, multinational companies insurance industry wish that is the stand it, therefore, they don’t want to that operate outside their borders, set case. The dirty little secret is that debate it, should have the upper hand rates outside their borders, and then some in the insurance industry don’t in the Rules Committee. import those rates into the State say- want to have my amendment, they But frankly, I will say once again at ing, well, that was our experience. We want it to be silent so that in addition some point in time you have to accept operate in 27 States after all, and you to historical data, they can also have yes for an answer. I support the bill. I are part of our system. trending data. But the gentleman am trying to help the bill. I am trying So if you like the status quo, if you hasn’t looked at the data in that way, to get it back to where it was when like the double-digit rate increases, if hasn’t examined or, I presume the gen- Jack Brooks introduced it. And in re- you like the limits on market competi- tleman would not have examined the sponse to that, rather than saying tion, if you like the concentration that reports to know the difference that was hurray for bipartisanship, I hear from has been going on in the industry, then in that and my specific decision not to other people, well, we got to question you would support the status quo, include trending data in my amend- your motivations. Hardly a high point which is essentially what Mr. LUNGREN ment. in this Chamber. has offered. And I don’t. And I don’t Secondly, I find it interesting that b 1330 think the American people do either. I the gentleman suggests that I am try- think we have tremendous consensus ing to do something other than what I Mr. CONYERS. Madam Speaker, I am around the country that it is time for say that I am doing. This is an inter- inclined to yield to the gentleman from this abusive industry to play by the esting argument made on this floor, Oregon (Mr. DEFAZIO) 11⁄2 minutes. same rules as every other. And the that if you disagree with someone you Mr. DEFAZIO. Madam Speaker, you small companies will still be able to suggest that what they say can’t pos- know, the law has evolved over time, obtain the data as long as they don’t sibly be true. The fact of the matter is and the law has evolved significantly use it in a collusive manner. But it is I have quoted outside reports to sup- since the era of Jack Brooks in terms always just about the small companies, port my position, number one. The fact of decisions regarding antitrust, anti- except that the exceptions they want of the matter is I have used the lan- trust immunity. to provide are for the big companies guage from the Jack Brooks legisla- And as the current Assistant Attor- also. tion, I have used language from the ney General of the Antitrust Division We have expert testimony from the gentleman’s party’s health care bill, says, it says, moreover, the application director of the Center for Health Law and I have used the language that was of antitrust law’s potentially to pro- Studies, St. Louis University, saying adopted on a bipartisan basis in Judici- competitive collective activity has be- that is not the case, it will not dis- ary Committee unanimously. come far more sophisticated in the 62 advantage small companies. We have The SPEAKER pro tempore. The years since the industry was exempted Mr. David Balto, an antitrust expert, time of the gentleman has expired. from the law. And some forms of joint saying it will not disadvantage the Mr. SMITH of Texas. Madam Speak- activity that might have been prohib- small companies. But the Republicans er, I yield the gentleman an additional ited under earlier, more restrictive are purporting that it would. 2 minutes. doctrines are now clearly permissible, Finally, on the CBO report that it Mr. DANIEL E. LUNGREN of Cali- or at least, very least, analyzed under won’t lower premiums, that was based fornia. Perhaps the gentleman is sug- a rule of reason that takes appropriate on the Lungren language. Without the gesting that all the Members on his account of the circumstances. Lungren language, it will save money, side of the aisle who supported this So what we’re saying is, let’s, you $10 billion for consumers. amendment share in his description of know—you’re saying, oh, the States Mr. SMITH of Texas. Madam Speak- the motivation of those of us who have can take care of it. Let’s say, the State er, I yield 2 minutes to the gentleman presented it. I thought maybe we were of Montana can oversee an industry, a from California (Mr. DANIEL E. LUN- above that. I thought maybe we were multistate, multinational, you know, GREN). engaged in civil discourse here. But conglomerate, and they can get into PARLIAMENTARY INQUIRY rather, if the gentleman or any gen- their books and they can examine and Mr. DANIEL E. LUNGREN of Cali- tleman wishes to talk about the moti- see that the rates that were imported fornia. Madam Speaker, I would like to vations of others, I will tell you any from outside the State were set fairly. make an inquiry of the Chair. idea about bipartisanship is lost in this No. We need the help of the Federal The SPEAKER pro tempore. The gen- House. The suggestion that all you Antitrust Division. They should not tleman will state his inquiry. have to do is shout louder than some- have their hands tied only in respect to Mr. DANIEL E. LUNGREN of Cali- body else and accuse them of motiva- the industry of insurance. Every other fornia. Is it not correct that Members tions other than what they articulated industry in America has learned to live are supposed to address the Chair? is just absolute nonsense. with truly free markets with antitrust The SPEAKER pro tempore. The gen- The fact of the matter is, properly law. This industry can do the same, tleman is correct. done, the sharing of historical data is and it will benefit consumers. This is a Mr. DANIEL E. LUNGREN of Cali- not anticompetitive. The fact of the false argument that somehow they fornia. Thank you. matter is the underlying bill, with my need this special privilege, this special Since the gentleman refused to yield amendment, would still allow actions exemption, and that somehow this will when I asked him to, despite the fact taken by the Justice Department and hurt only little companies, not the big he was using my name and attributing the various States Attorney General if guys. motivations to me that are question- there was bid rigging, if there was price We’ve seen tremendous consolidation able under the rules of the House, I setting, if there was determination be- already under the existing total exemp- might say this. The gentleman is abso- fore the hand of which markets you tion. And if we continue a partial ex- lutely incorrect in his analysis. The re- would act in and which markets you emption, we’ll only see more. port said that it would harm the small would not act in. Mr. SMITH of Texas. Madam Speak- insurance companies if they were not And so this is a lot of sound and fury er, I yield 2 minutes to the gentleman able to get this historical data, number signifying nothing, essentially. I have from California (Mr. DANIEL E. LUN- one. never seen such an attack on an GREN). Number two, the gentleman conflates amendment that was adopted on a bi- Mr. DANIEL E. LUNGREN of Cali- two completely different things: one is partisan basis in the committee. Now, I fornia. Madam Speaker, once again I

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H778 CONGRESSIONAL RECORD — HOUSE February 24, 2010 know I run the risk of trying to intro- the very people who have been elected medicine. Another study in Pennsyl- duce some expertise into this debate. to protect the best interests of the peo- vania put that figure at an astounding For that, I apologize. But the Amer- ple. That’s us. 93 percent. ican Bar Association appeared before The health insurance industry has While estimates vary, the Pacific Re- the subcommittee of Judiciary dealing gouged us long enough. They have in- search Institute has put the cost of de- with the underlying bill, or the bill creased premiums, higher copayments, fensive medicine at $124 billion. Others that was presented before our com- higher deductibles. The health insur- have arrived at even higher figures. A mittee, and in there, they voice sup- ance industry, to add insult to injury, new study by the Pacific Research In- port, as they have for decades, for re- have thumbed their noses at both the stitute estimates that defensive medi- moval of the McCarran-Ferguson anti- consumers and legislators and left too cine costs $191 billion a year, while a trust exemption for the health care in- many families at risk. In the middle of separate study by Pricewater- surance industry. our debate about health insurance re- houseCoopers puts the number even However, they said, as point number form, health insurers are raising the higher, $239 billion every year. one of the five major points they made, premiums. They’re denying lifesaving Lawsuit abuse drives doctors out of insurers should be authorized to co- procedures. They’re dropping too many practice. There is a well-documented operate in the collection and dissemi- of the insured who have been paying record of doctors leaving the practice nation of past loss-experience data so premiums for years if they deem the of medicine and hospitals shutting long as these activities do not unrea- cost of their health care too costly. down, particularly practices that have sonably restrain competition, but in- The CEOs of some of the biggest insur- high liability exposure. This problem surers should not be authorized to co- ance companies are paying themselves has been particularly acute in several operate in the construction of advisory unreasonably high salaries. Most of fields as well as in the rural areas of rates or the projection of loss experi- them are earning $10 million or more our country. ence in the future in such a manner as per year. The absence of doctors in vital prac- to interfere with competitive pricing. Ladies and gentlemen, it is time to tice areas is, at best, an inconvenience; That second part deals with trending put an end to the practices of the at worst, it can have deadly con- data. I do not allow that under my health insurance companies. That time sequences. Hundreds or even thousands amendment. is now. Let us stand up for the con- of patients may die annually due to a And as I presented my effort to have sumers. Let us do what the consumers lack of doctors. my amendment considered in the Rules elected us to do—come here and give According to the Massachusetts Committee, I was told by the rep- some protection from these kinds of study, 38 percent of physicians have re- resentative of the American Bar Asso- practices. Sixty-five years is too much, duced the number of higher risk proce- ciation, they did support my position, too long. The time is now. Let’s get the dures they provide, and 28 percent have they supported my amendment, and job done. Let’s pass this legislation. reduced the number of higher risk pa- they supported the arguments that I Mr. SMITH of Texas. Madam Speak- tients they serve out of fear of liabil- made before the committee. er, I yield myself such time as I may ity. The American College of Obstetri- Now, maybe they’re wrong because consume. cians and Gynecologists have con- they have some expertise in this area, Madam Speaker, the bipartisan and cluded that the ‘‘current medico-legal but perhaps this is one time we might very credible Congressional Budget Of- environment continues to deprive look to them. The ABA has not been fice has said that this bill will have lit- women of all ages, especially pregnant known as a Republican, conservative, tle or no effect on insurance premiums. women, of their most educated and ex- pro-insurance company operation. Last It further says that if there is any ef- perienced women’s health care pro- time I looked, they have a major ele- fect, it will be ‘‘quite small.’’ viders.’’ ment of the bar association that’s in- So I do appreciate all the comments Excessive litigation damages the doc- volved with antitrust law. that Members are making today, and I tor-patient relationship and impairs Mr. CONYERS. Madam Speaker, I am agree with a lot of them. But we should care. Beyond the dollars and cents, pleased to recognize a senior member not think that any of them pertain to when doctors begin to see their clients of the House Judiciary Committee this bill, or that this bill is going to as potential litigants, the quality of from Los Angeles, Ms. MAXINE WATERS, have any kind of a major impact on care patients receive is seriously com- for 3 minutes. premiums. promised. In a recent survey, 76 per- Ms. WATERS. Madam Speaker, the However, I would like to discuss one cent of doctors said that their concern consumers of this country are finally subject that will have a major impact about being sued has hurt their ability getting the attention they deserve. For on insurance premiums, and that is to provide quality patient care. Nearly far too long, consumers have been health care tort reform. half of nurses say they are prohibited ripped off by collusion and concentra- The American medical liability sys- or discouraged from providing needed tion of the health insurance industry. tem, quite frankly, is broken. Accord- care by rules set up to avoid lawsuits. For far too long, public policymakers ing to one study, 40 percent of claims The States have proven that legal re- have turned a blind eye to the special are meritless; either no injury or no form works. While some in Washington antitrust exemption that health insur- error occurred. Attorneys’ fees and ad- talk about the need to study the prob- ers have enjoyed, to the detriment of ministrative costs amount to 54 per- lem, States have actually acted to ad- the American people. cent of the compensation paid to plain- dress it. Several States have limited We must pass this legislation, the tiffs. The study found that completely noneconomic damages such as those for Health Insurance Industry Fair Com- meritless claims account for nearly a pain and suffering and dramatically petition Act. This bill finally, after 65 quarter of total administrative costs. lessened the burden of lawsuits. In years, amends the McCarran-Ferguson The American civil litigation system States with such limits, premiums are Act. Health insurers will be inves- is the most expensive in the world, 17 percent lower than they are in tigated and held accountable for price more than twice as expensive as nearly States without them. fixes, dividing up territories among any other country. Madam Speaker, I’ll reserve the bal- themselves, sabotaging their competi- Defensive medicine is widely prac- ance of my time. tors in order to gain monopoly power, ticed and it is very costly. Sky- Mr. CONYERS. Madam Speaker, no and all anticompetitive practices. The rocketing medical liability insurance one comes before the Judiciary Com- Justice Department will have a man- rates have distorted the practice of mittee that I can think of offhand date to prosecute this criminal activ- medicine. Costly but unnecessary tests more frequently than BILL PASCRELL of ity. have become routine as doctors try to New Jersey. He’s worked with us on a And finally, the health insurance in- protect themselves from lawsuits. number of other issues besides this one, dustry will have to compete. No more According to a 2008 survey conducted and we welcome his counsel. We yield legally protected collusion. Let the by the Massachusetts Medical Society, him 2 minutes. marketplace work. No more protection 83 percent of Massachusetts physicians Mr. PASCRELL. Thank you, Mr. for health insurance companies from reported that they practiced defensive Chairman, and thank you for your

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H779 leadership and persistence on this crit- b 1345 practice insurance and reduce defen- ical matter. Mr. SMITH of Texas. Madam Speak- sive medicine. ‘‘Mischaracterization,’’ I think, is er, may I ask how much time remains Mr. Dean responded, being remark- the word of the day. When you look on each side? ably candid, as follows: ‘‘This is the an- back at the beginning of the discus- The SPEAKER pro tempore. The gen- swer from a doctor and a politician. sions of health care, there’s been more tleman from Texas has 27 minutes, and Here is why tort reform is not in the mischaracterizations of what was in the gentleman from Michigan has 331⁄2 bill. When you go to pass a really enor- the bill. minutes. mous bill like that, the more stuff you But this bill that is before us, H.R. Mr. SMITH of Texas. Madam Speak- put in, the more enemies you make, 4626, is only two pages—not 2,000, not 2 er, I yield myself such time as I may right? And the reason why tort reform million—two pages, very clear and to consume. is not in the bill is because the people the point. So what this bill seems to Madam Speaker, on October 9, the who wrote it did not want to take on do—if I had my way, I would have Congressional Budget Office pro- the trial lawyers in addition to every- brought this bill up when we discussed nounced that a tort reform or civil jus- body else they were taking on, and the beginning, back last summer. But tice reform package would reduce the that is the plain and simple truth.’’ I’m one person. To call them out, to Federal budget deficit by an estimated Medical malpractice premiums have call out the other side, and to call out $54 billion over 10 years. risen more than 80 percent each year in the other end of the building. CBO recognizes that civil justice re- some parts of the country and can cost forms also have an impact on the prac- almost half a million dollars a year in I mean, we’ve passed 290 pieces of leg- tice of defensive medicine. Defensive some specialties. islation that they haven’t even looked medicine is when doctors order more Regarding the offer of HHS dem- at yet. And this is critical. This is to tests or procedures than are necessary onstration projects—and this is what end the anticompetitive, antitrust ex- just to protect themselves from frivo- the administration has proposed—that emption. Now we have a new adminis- lous lawsuits. Studies show that defen- offer rings hollow given that the Cabi- tration. Talk is cheap about how we’re sive medicine does not advance pa- net Secretary tasked with imple- going to bolster antitrust laws. I tients’ care or enhance a physician’s menting this proposal for demonstra- haven’t seen anything yet so far, but capabilities, that billions of dollars in tion projects is Kathleen Sebelius. Be- I’m hopeful. savings from tort reform could be used fore she was Governor of Kansas and In all the industries in America, to provide health insurance for the un- the Insurance Commissioner of Kansas, there are only two that have antitrust insured without raising taxes on those she spent 8 years as the head of the exemptions—baseball, America’s pas- who already have insurance policies. Kansas Trial Lawyers Association, now time; and the health insurance indus- As the administration rushes to the Kansas Association for Justice. try, America’s nightmare—and I think enact a massive government takeover And she is also the State executive it’s long past time we get rid of their of health care, Congress must remem- who, according to The New York exemption. ber that there is the option of saving Times, ‘‘failed to make significant im- Now, I’ve heard so many terms since between $54 billion and more than $200 provement in health coverage or costs the parties last summer, through the billion by embracing tort reform, but it during her two terms as Governor.’’ fall, through the winter, about will take the leadership to stand up to The top contributor to President uncompetitiveness. We want open mar- personal injury lawyers instead of tax- Obama’s Presidential campaign was kets. ing Americans and cutting Medicare the legal industry, whose donations Now we look at the system, and it’s benefits. came to more than $43 million. More price fixing and collusion over and over According to CBO, under the than 80 percent of the money given to and over again. Ninety-four percent of HEALTH Act, which includes tort re- Congress by lawyers, mostly from the the health insurance markets are con- form, premiums for medical mal- plaintiff’s bar, went to the Demo- centrated. practice insurance ultimately would be crats—almost $22 million. Here’s what that means, Mr. Chair- an average of 25 percent to 30 percent More recently, when President man. In every State of the Union, below what they would be under cur- Obama spoke to the American Medical maybe, through the Chair, there’s rent law. Association in June of this year, he three or four companies that are sell- Also, the Government Accountability told the audience, ‘‘I’m not advocating ing insurance, that are writing insur- Office, GAO, found that rising litiga- caps on malpractice awards.’’ ance. This is why we are where we are tion awards are responsible for sky- But the American people are demand- today. No other reason. Because there rocketing medical professional liabil- ing legal reform. A recent survey found is a lack of insurance. We have been ac- ity premiums. The report stated that that 83 percent of Americans believe cused of socialism. That is the biggest GAO found that losses on medical mal- that reforming the legal system needs joke. practice claims—which make up the to be part of any health care reform plan. As the Associated Press recently The SPEAKER pro tempore. The largest part of insurers’ costs—appear reported, most Americans want Con- time of the gentleman has expired. to be the primary driver of rate in- creases in the long run. gress to deal with malpractice lawsuits Mr. CONYERS. I yield the gentleman The GAO also concluded that insurer driving up the costs of medical care. another 30 seconds. profits are not increasing, indicating Yet, Democrats are reluctant to press Mr. PASCRELL. We’re talking about that insurers are not charging and forward on an issue that would upset a the biggest profits ever, just like Wall profiting from excessively high pre- valuable political constituency, trial Street declared the biggest profit year mium rates, and that in most States lawyers, even if President Barack they’ve ever had in 2009. That’s inter- insurance regulators have the author- Obama says he’s open to changes. The esting. ity to deny premium rate increases AP poll found that 54 percent of Ameri- We talk about we want to save the they deem excessive. cans favor making it harder to sue doc- smaller insurance companies. We’ve The reason the administration con- tors and hospitals for mistakes made saved nobody. In the last 60 years, all tinues to refuse to add serious medical while taking care of patients. that we’ve done is concentrate power, lawsuit reform to their health care leg- Support for limits on malpractice and the result of it is higher cost to the islation remains purely political, as lawsuits cuts across political lines, average citizen that lives in my dis- was recently revealed by former Demo- with 58 percent of Independents and 61 trict and every district here on the cratic National Committee Chair How- percent of Republicans in favor. Demo- floor. ard Dean. At a recent health care town crats are more divided. Still, 47 percent I thank you, Mr. Chairman. Be per- hall meeting, Mr. Dean responded to an said they favor making it harder to sistent. Call the other folks out at the angry constituent who wondered why a sue. The survey was conducted by other end of the building and we’ll see supposedly comprehensive reform of Stanford University with the nonprofit who really cares about the policy- the health care system doesn’t include Robert Wood Johnson Foundation. In holders in this country. tort reform to lower costs of mal- the poll, 59 percent said they thought

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H780 CONGRESSIONAL RECORD — HOUSE February 24, 2010 at least half the tests doctors order are States. It said the pooling of statistics nies special treatment. I urge my col- unnecessary and ordered only because does not violate the antitrust laws. As leagues to vote in favor of the Health of fear of lawsuits. a matter of fact, it’s there, and it helps Insurance Industry Fair Competition That is the end of the AP story. both small and large businesses. He Act so that we can finally break the Madam Speaker, the USA Today edi- said it’s legitimate. But they said the vise grip that the insurance companies torial board also came out in support collusive joint coordination of future have on the lives of the American peo- of tort reform, and USA Today wrote, pricing, of output, of marketing deci- ple and their health care. A study last month by the Massachu- sions to take meaningful choice away Mr. SMITH of Texas. Madam Speak- setts Medical Society found that 83 from customers, to rob the American er, how much time remains on each percent of its doctors practice defen- people of the benefits they would re- side? sive medicine at a cost of at least $1.4 ceive from competition, must not be The SPEAKER pro tempore. The gen- billion a year. Nationally, the cost is allowed. tleman from Texas has 20 minutes. The $60 billion-plus every year, according That’s what the antitrust provision gentleman from Michigan has 291⁄2 min- to the Health and Human Services De- prohibits. That’s why it’s important to utes. partment—and that’s the HHS of this us to remove it today for the American Mr. SMITH of Texas. I will reserve administration. And a 2005 study in people. my time. The Journal of the American Medical Mr. SMITH of Texas. Madam Speak- Mr. CONYERS. Madam Speaker, I am Association found that 93 percent of er, I will reserve my time. very pleased to recognize the most ex- Pennsylvania doctors practice defen- Mr. CONYERS. Madam Speaker, I am perienced member of the civil rights sive medicine. pleased now to recognize the gen- struggle in the 20th century, the gen- tleman from Rhode Island, JIM The liability system is too often a tleman from Georgia, JOHN LEWIS, a lottery; excessive compensation is LANGEVIN, a former Secretary of State, strong advocate of universal health awarded to some patients and little or for 2 minutes. care, and I yield him 2 minutes. none to others. As much as 60 percent (Mr. LANGEVIN asked and was given permission to revise and extend his re- b 1400 of awards are spent on attorneys, ex- marks.) pert witnesses, and administrative ex- Mr. LEWIS of Georgia. Thank you, Mr. LANGEVIN. I thank the gen- penses. The current system is arbi- Mr. Chairman, for yielding. tleman for yielding. Madam Speaker, I still believe that trary, inefficient, and results in years Madam Speaker, I rise in strong sup- of delay. health care is a right and not a privi- port of H.R. 4626, the Health Insurance lege, and this Congress must not rest Madam Speaker, discussing the need Industry Fair Competition Act, which for tort reform, the president of the until we make health care a reality for will finally require the health insur- all Americans. I know we will get the American Medical Association said, If ance industry to comply with the same job done for the American people, but the health care bill doesn’t have med- Federal antitrust laws as virtually until that day comes, we must do what ical liability reform in it, then we every other industry in the United we can to make health insurance work don’t see how it is going to be success- States. ful in controlling costs. The recent economic recession dealt for people who depend on it. Madam Speaker, I reserve the bal- a crushing blow to Rhode Islanders. This bill, this piece of legislation is ance of my time. Many are out of work and simply don’t long overdue. The health insurance in- Mr. CONYERS. Madam Speaker, I am have insurance coverage. The ones who dustry has been treated differently for pleased now to recognize DAVID SCOTT, do are struggling to afford the per- over 60 years, and they have abused the gentleman from Georgia, who has petual rate increases year after year. that privilege. In too many States been waiting patiently to get time here Although Rhode Island is a State with there is no competition and no choice on this. I yield him 2 minutes at the strong health insurance consumer pro- for consumers. point. tections, this fact provides little com- Insurance companies are raising Mr. SCOTT of Georgia. Thank you, fort to the thousands of people who rates, denying care, and dropping peo- Mr. Chairman. Let me commend you will lose their coverage because it’s ple when they get sick, all the while for the excellent leadership that you simply too expensive. making record profits. We need to put have provided on this issue. Madam Speaker, we must do every- people first and not profits. In this debate today, the one point thing in our power to hold down the For too long, insurance companies that has been missing is this: What rising costs of insurance premiums, have had the upper hand. It is not fair, about the American people? That’s which includes ensuring healthy mar- it is not just, and it is not right. what this debate should be about. ket competition. After all, competition Today, at this hour, we said, ‘‘No As we speak, 14,000 American citizens is the driving force of economic pros- more.’’ It is time to repeal the anti- and families are losing their health perity. And even in the time of FDR trust exemption and put the American care insurance every single day. And and numerous Supreme Court deci- people first. the number one reason they’re losing it sions, it established the fact that there Mr. SMITH of Texas. Madam Speak- is because of the high costs of health is a legitimate public policy interest in er, I yield myself such time as I may care insurance. And one of the major ensuring competition. consume. reasons why we have the high cost of But for over 65 years, the health in- Madam Speaker, President Obama’s health care insurance is because the in- surance industry has played by a dif- own doctor of over two decades also surance companies do not have com- ferent set of rules, allowing them to supports medical tort reform. David petition. And the biggest reason they engage in anticompetitive practices Scheiner was Mr. Obama’s doctor from don’t have competition is because they which drive up the costs of premiums. 1987 until he entered the White House. have this shield. They are exempt from Well, this bill before us today will He vouched for the then-candidate’s ex- competition. That’s why we passed the outlaw existing health insurance prac- cellent health in a letter last year. antitrust laws in the very beginning. tices like price-fixing, bid-rigging, and This was recently reported in Forbes Go back to John D. Rockefeller and the market allocations that drive up costs Magazine. Dr. Scheiner worries about American Standard Oil companies. for all Americans. It will protect hon- whether the health care legislation That’s what it was all about. It was so est competition from collusion and currently making its way through Con- we could have that competition. other destructive practices within the gress will actually do any good, par- Now, there has been much argument health insurance industry so we can ticularly for doctors like himself who on the other side about the sharing of achieve greater affordability, improve practice general medicine. ‘‘I am not this information. Madam Speaker, I quality, increase innovation, and more sure Obama really understands what call to your point and the point of this consumer choice, just as the antitrust we face in primary care,’’ Dr. Scheiner Congress what the Supreme Court said laws have done for the rest of the econ- says. about the sharing of the information in omy for over a century. One of the Nation’s top surgeons, the 1925 case of Maple Flooring Manu- Madam Speaker, Americans can no with credibility and acclaim the world facturers’ Association v. The United longer afford to give insurance compa- over for the pioneering surgeries he has

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H781 and his personal story of overcoming It’s also a political no-brainer. Amer- reform, and, of course, it is a giant hardship, recently severely criticized icans are on board. Polls routinely bailout for trial lawyers. the health care legislation before Con- show that between 70 percent and 80 Mr. Speaker, I reserve the balance of gress. Benjamin Carson, Director of Pe- percent of Americans believe the coun- my time. diatric Neurosurgery at the Johns Hop- try suffers from excess litigation. The The SPEAKER pro tempore (Mr. kins Children’s Center in Baltimore, entire health community is on board. SERRANO). The Chair will note that the Maryland, and recipient of numerous Republicans and swing-State Demo- gentleman from Texas has 13 minutes awards, including the Presidential crats are on board. State and local gov- remaining and the gentleman from Medal of Freedom, criticized, in a re- ernments, which have struggled to Michigan has 28 minutes remaining. cent interview, the current bill’s lack clean up their own civil justice sys- Mr. CONYERS. Mr. Speaker, I am of malpractice liability reform. tems, are also on board. pleased now to recognize the distin- He pointed to excessive litigation, Mr. Speaker, Republican-sponsored guished Member of the House who has pointing out how much malpractice in- legislation would make Federal law the had insurance experience as a State surance and other forms of defensive same legal reforms California imple- commissioner, EARL POMEROY of North medicine to protect against lawsuits mented over 30 years ago. That legisla- Dakota, for 2 minutes. add to medical costs. In an interview tion, called the HEALTH Act, remains Mr. POMEROY. I thank the chair- with a local television station, Carson the gold standard for health care legal man for yielding for the purpose of a insisted that tort reform must go hand reform, and it continues to be sup- colloquy. in hand as part of any true health care ported by every major medical associa- I would like to thank Chairman CON- reform. tion. YERS, Congressman TOM PERRIELLO of ‘‘We have to bring a rational ap- The HEALTH Act does not limit in Virginia, Congresswoman BETSY MAR- proach to medical litigation. We’re the any way an award of ‘‘economic dam- KEY of Colorado, and others for their only nation in the world that really ages’’ from anyone responsible for leadership in bringing to the floor this has this problem. Why is it that every- harm. Economic damages include any- important bill aimed at creating great- body else has been able to solve this thing whose value can be quantified, er competition in the health insurance problem but us? Simple. Special inter- including lost wages or home services, marketplace in order to promote great- est groups like the trial lawyers asso- including lost services provided by er affordability, improve quality, and ciation. They don’t want a solution.’’ stay-at-home mothers, medical costs, greater consumer choice. As Stanley Goldfarb, MD, and Asso- the cost of pain-reducing drugs, ther- In particular, I appreciate that the ciate Dean of Clinical Education at the apy and lifetime rehabilitation care, bill is narrowly tailored to repeal the Pennsylvania School of Medicine has and anything else to which a receipt McCarran-Ferguson antitrust exemp- written: ‘‘The President points to for- can be attached. tion only for the business of health in- profit insurance companies, but for- Only economic damages, which the surance. But despite the clear wording profit insurance companies only make Federal legislation does not limit, can of the bill, I have heard concerns from up 25 percent of the system, and they be used to pay for drugs and services some that courts might somehow inter- are not that profitable, ranking 85th that actually reduce pain. So, nothing pret the bill broadly to include non- among all U.S. industries. ‘Reform’ in the HEALTH Act prevents juries will redistribute the money, not reduce health lines of insurance such as life from awarding very large amounts to the overall costs. There is much that insurance, long-term care insurance, victims of medical malpractice, includ- can be done to make our system more disability income insurance, even prop- efficient. Tort reform is a great place ing stay-at-home mothers and children. erty/casualty insurance. to start.’’ California’s legal reforms, just like the As one of only two former State in- Even prominent Democrat strategist HEALTH Act, cap noneconomic dam- surance commissioners in the U.S. Bob Beckel has conceded medical tort ages at $250,000 but do not cap quantifi- House of Representatives, I know reform is essential, recently writing able economic damages. health insurance is different than these that CBO has reviewed the few credible The administration’s health care bill other insurance lines. I would appre- reports that do exist and concluded: ‘‘A not only fails to contain any of the ciate, Mr. Chairman, your confirma- number of those studies have found tort reforms that CBO concluded would tion of my understanding that the bill that State-level tort reforms have de- save at least $54 billion in health care we are now debating does not apply to creased the number of lawsuits filed, costs, but it also contains a provision any insurance except for health insur- lowered the value of claims and dam- that actually deters States from enact- ance, and your expectation that courts age awards . . . thereby reducing gen- ing such reforms in the future by ex- will interpret it properly to not include eral insurance premiums. Indeed, pre- plicitly prohibiting tort reform ‘‘dem- nonhealth lines of insurance. miums fell by 40 percent for some com- onstration project’’ funds to States Is the gentleman’s understanding of mercial policies.’’ that enact limits on damages or attor- my expectation correct? From a CBO report in June 2004, one neys’ fees. Mr. CONYERS. If the gentleman will irrefutable fact remains: Between 1997 One section of an earlier bill states yield, I want to commend him for and 2007, medical tort costs, including that ‘‘the Secretary of HHS shall make clearing up something that perhaps in insurance premiums, have risen from an incentive payment . . . to each more reasonable circumstances should $15 billion to $30 billion a year. That State that has an alternative medical not need to be cleared up. fact alone should ensure that yearly liability law in compliance with this I still have confidence in the courts savings in the billions for medical tort section,’’ but then goes on to say a that they can read the simple under- reform would pass the credibility test.’’ State can take advantage of such funds standing that when we say ‘‘health in- As Kimberley Strassel has written in only if ‘‘the law does not limit attor- surance,’’ we don’t mean life insurance. The Wall Street Journal: Tort reform neys’ fees or impose caps on damages,’’ I mean, this is getting pretty funda- is a policy no-brainer. Experts on left which are precisely the tort reforms mental here. But, of course, you are and right agree that defensive medi- the CBO concluded yield real health correct, Mr. POMEROY. It’s health in- cine—ordering tests and procedures care cost savings. surance only; no disability income in- solely to protect against Joe Lawyer— Mr. Speaker, so not only does the ad- surance, no long-term care insurance, adds enormously to health costs. The ministration’s bill fail to contain any no property insurance. estimated dollar benefits of reform of the tort reforms we know bring The SPEAKER pro tempore. The range from a conservative $65 billion a health care costs down from decades of time of the gentleman has expired. year to perhaps $200 billion a year. In experience, but it even prohibits States Mr. CONYERS. I yield the gentleman context, Mr. Obama’s plan would cost that want to try such reforms from an additional 1 minute. about $100 billion annually. That the taking part in the government-funded Mr. POMEROY. I yield to the chair- President won’t embrace even modest tort reform demonstration projects. man. change that would do so much, so This is not only a blow to State reform Mr. CONYERS. No casualty insur- quickly, to lower costs has left Ameri- efforts, it is a federally funded bribe ance, no other kind of insurance but cans suspicious of his real ambitions. discouraging States from enacting real the one plainly listed in a two-page

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H782 CONGRESSIONAL RECORD — HOUSE February 24, 2010 bill. So my confidence in the courts is gle dissenting vote across party lines, broader at insurance regulatory reform and al- unrestricted that they can get this said we want this bill. We want more lowing insurers to cross state lines, Congress right. Federal power for us to be able to go should look at these matters comprehensively The lack of a statutory definition is after these monopolies that are stick- across all lines of insurance. I look forward to intended solely to give the courts the ing it to consumers. working together with House leadership and ability to ensure that all forms of b 1415 multiple committees on these important mat- health insurance are appropriately in- ters in the future. cluded so that unreasonable and artifi- This will not solve every problem in Mr. CONYERS. Mr. Speaker, I recog- cial distinctions do not arise between the health care debate, but if we can’t nize the distinguished Member who al- two essentially equivalent kinds of in- come together and agree on something lowed us to testify in his subcommittee surance products and how they are this simple—pro-competition, pro-con- on universal single-payer legislation, treated under antitrust laws. sumer, two pages long—how will we ROB ANDREWS of New Jersey, and I I am glad that the gentleman raised ever come together on anything? yield him 2 minutes. this issue in the hearings. It is estimated to save consumers $10 (Mr. ANDREWS asked and was given Mr. POMEROY. I thank the chair- billion. In States that have removed permission to revise and extend his re- man. such protections before, premiums marks.) Reclaiming the time, I believe the have risen at one-fifth the rate of other Mr. ANDREWS. Mr. Chairman, thank chairman’s words are very clear and folks. This means real money in the you for your leadership on this bill. I will make a very clear part of the leg- pockets of working and middle class would like to thank and congratulate islative record on this bill. Americans. Voters say, who is standing Mr. PERRIELLO, Ms. MARKEY and Ms. Mr. SMITH of Texas. Mr. Speaker, I up for us—working and middle class SLAUGHTER for their leadership. reserve the balance of my time. Americans who play by the rules—in- Members of the House have a choice Mr. CONYERS. Mr. Speaker, I yield 3 stead of for the interest groups? Here is to make this afternoon: If you believe minutes to the gentleman from Vir- a chance for a victory for common that the Members of the two parties ginia who has done so much in working sense and for consumers. can work together to solve a problem with the committee on this bill, Mr. If you are a health insurance com- in our health care system, then the PERRIELLO, who has been great. pany and you are not engaged in mo- correct vote is ‘‘yes’’; if you believe Mr. PERRIELLO. Thank you, Mr. nopolistic practices, you’re not that there can be simple and clear solu- Chairman, thank you to Chairwoman colluding, you have nothing to worry tions that do not involve thousands of SLAUGHTER, as well, for their great about. But if you are, be afraid, be very pages of legislative language, then the leadership on this bill. This is a great afraid, because you are no longer going correct vote is ‘‘yes’’; if you believe day. to enjoy the monopoly protections you that health insurance companies It’s a great day for consumers, it’s a have enjoyed for 65 years. should be held to the same standard great day for competition, and it’s a We are going to stand up for patients that car dealers, supermarkets, tele- great day for common sense. I am new today with no loopholes and no monop- vision networks, candy stores, all to Washington, and I know this is a olies to ensure a basic sense of ac- kinds of people are held to in this coun- town full of grays, but sometimes countability, competition, and Main try, then the correct vote is ‘‘yes.’’ things are as simple as black and Street values, and maybe take one step The choice here is competition versus white. This is a chance for people to de- forward towards bipartisanship and crony capitalism. Competition means cide whether they stand for patients or common sense in this health care re- the best competitors get the market whether they stand for the profiteering form debate. share and get the business. It means of health insurance monopolies, wheth- Mr. SMITH of Texas. Mr. Speaker, I that health insurance companies can- er they stand for competition or for reserve the balance of my time. not meet behind closed doors and fix collusion. Mr. CONYERS. Mr. Speaker, I would the prices of their product. We’ve seen This is a victory for common sense in like to yield to PAUL KANJORSKI of enough of crony capitalism on Wall the midst of the health care reform de- Pennsylvania for a unanimous consent Street, we have seen enough of crony bate. Only inside the beltway would request. capitalism in our banking industry, those people argue that the best way to (Mr. KANJORSKI asked and was and I think we’ve seen more than protect competition is to protect mo- given permission to revise and extend enough of crony capitalism in health nopolies. Only inside the beltway his remarks.) insurance. would people try to argue that the best Mr. KANJORSKI. Mr. Speaker, I rise This is the chance for the Members way to help the little guy is to make in support of H.R. 4626. to come together and say we want the sure that we protect monopolies. Mr. Speaker, as the Chairman of the House health insurance industry to compete The status quo is not working for the Financial Services Subcommittee on Capital for the business of the American people small insurers. There are those with Markets, Insurance and Government Spon- the same way everybody else does. It is very good intentions who want to talk sored Enterprises and on behalf of the Finan- pro-consumer, it is pro-competition. It about safe harbors, but I have not had cial Services Committee and its Chairman (the should be profound evidence that the constituents come up to me and say, gentleman from Massachusetts, Mr. FRANK), I two parties can work together and Congress, please have more carve-outs. would like to thank the Chairman of the Judici- start to solve the health care problem. Congress, please have more exemptions ary Committee (the gentleman from Michigan, I congratulate the authors. I would and exceptions, please make the bills Mr. CONYERS), the gentleman from Virginia urge my friends on both sides to vote even longer. Here we have a two-page (Mr. PERRIELLO), the gentlewoman from Colo- ‘‘yes’’ in favor of this bill. bill, 24 lines long—one that is sup- rado (Ms. MARKEY), and others for their lead- Mr. SMITH of Texas. Mr. Speaker, I ported by conservatives and liberals ership in bringing this important legislation to reserve the balance of my time. alike in my district—that makes a sim- the floor. I also appreciate their cooperation Mr. CONYERS. Mr. Speaker, I am ple rule that health insurance compa- with the Financial Services Committee—which now pleased to recognize BETSY MAR- nies should have to play by the same has primary jurisdiction over most insurance KEY of Colorado. She has done yeo- rules as everyone else. regulatory issues, except for health insurance man’s work on this measure in her first If two plumbers in my district get to- matters—in developing this bill. In particular, I term, and I will yield her 3 minutes. gether and start to collude and set appreciate that the legislation before us is nar- Ms. MARKEY of Colorado. Thank prices, they will go to jail. Why should rowly tailored to repeal the McCarran-Fer- you, Mr. Chairman, for your work on the biggest health insurance companies guson antitrust exemption only for the busi- this very important bill. in the country not have to play by the ness of health insurance. A few years ago, before I ever even same rules? People say to us, How Today, Congress is engaged in robust de- decided to run for Congress, I owned a about a shorter bill? Two pages. People bate on reforming the health insurance mar- small coffee shop in Old Town, Fort say to us, What about bipartisanship? ketplace for the nation. There are also many Collins. As a business owner, I knew Well, in 2007, all of the attorneys gen- additional types of insurance that impact citi- that my success or failure depended on eral across the country, without a sin- zens’ lives on a daily basis. When looking my business plan and my ability to

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H783 compete. None of the other shopowners has anything to do with being a Repub- Mr. SMITH of Texas. Mr. Speaker, I needed the government to offer them lican or a Democrat, I think it has to yield 5 minutes to the gentleman from some sort of special protection in order do with being fair. California, the former Attorney Gen- to survive. Capitalism is the basis of Mr. SMITH of Texas. Mr. Speaker, I eral of that State, Mr. LUNGREN. our democracy, and a competitive mar- yield myself 1 minute. Mr. DANIEL E. LUNGREN of Cali- ketplace is at the heart of capitalism. Mr. Speaker, we have heard several fornia. I thank the gentleman for yield- Since 1945, just two industries have speakers in the last few minutes say ing. enjoyed special protection from anti- that there are only two industries ex- Mr. Speaker, as I’ve said repeatedly— trust laws by the United States Gov- empted from the antitrust laws, insur- and perhaps the gentlelady from Ohio ernment: Major League Baseball and ance and baseball. This, of course, is who just spoke didn’t hear—I support the health insurance industry. Since not true. There are more than 20 such the bill. I think she also heard—well, Americans don’t rely on baseball tick- exemptions. If the majority is intent maybe she wasn’t here to hear the ets to vaccinate their children or get on eliminating simple exemptions, per- ranking Republican say he is not going cancer screenings, the gentleman from haps they would be willing to eliminate to oppose the bill, so let’s be clear Virginia and I felt it important that we the labor union’s antitrust exemption about what we’re talking about here. tackle the special protections offered as well. While I do support this bill and while to the health insurance industry today. I reserve the balance of my time. I do think it could be perfected and I consider myself a pragmatic person. Mr. CONYERS. Mr. Speaker, MARY while I hope that the motion to recom- JO KILROY of Ohio has worked hard on I think companies should be left alone mit will be adopted to actually make it this legislation, and I would like to to succeed or fail based on the fitness a better bill, I would say, however, this of their business plan and on the qual- recognize her for 2 minutes. Ms. KILROY. Thank you, Chairman is not the first bill we should have on ity of the products they offer to con- the floor dealing with the overall issue CONYERS, for allowing me this oppor- sumers, not because they got a special tunity. Also, I want to give thanks to of health care. The first one should be deal from Washington. the work of my freshman colleagues, the one the American people have I believe that consumer protection asked us to look at, and that is reform TOM PERRIELLO and BETSY MARKEY, for laws keep our markets competitive and their work on this important piece of of the medical malpractice system. are crucial to our democracy and econ- legislation that I am very proud to be The interesting thing is, as the gen- omy, and that the exceptions offered to a cosponsor of. tleman from Texas pointed out, that in the insurance industry for over half a I have been listening to this debate the bill that we have in the Senate and century leave the doors wide open to this afternoon, and it is very sur- the House, there is reference, as the price-fixing that can’t be regulated. prising—and actually highly ironic—to President of the United States said, to If any Member of this body were to hear the opposition from the Repub- medical malpractice litigation alter- come and suggest that the United lican side of the aisle to a bill that natives. That bill does give incentives, States Government give one industry would simply make the health insur- financial incentives, Federal moneys immunity from protection and from ance industry operate fairly in a com- from the Federal Government to the price-fixing, the outrage from the petitive marketplace. After all, it was States if they will engage in alter- American public would be swift and a great Republican President, Teddy natives to the litigation system in heartfelt. It is not fair that small busi- Roosevelt, who was the great trust areas of medical malpractice. But as ness owners across America—many of buster, the one who brought antitrust the gentleman from Texas pointed out, them struggling to survive in today’s principles into American jurisprudence there is a kicker in there, and it says economy—have to play by a separate and legislation. And as we have heard that if your State dares to in any way set of rules. this afternoon from others, versions of put any limitations on attorneys fees The underlying premise of this bill is this bill have had bipartisan support or on any part of the recovery in med- not a partisan issue. Prominent Mem- over the course of the years when there ical malpractice cases, that State will bers of both parties have advocated re- have been attempts to introduce anti- be ineligible for the funds; in other moval of McCarran-Ferguson for 2 trust legislation addressing this issue words, you will be punished relative to years. In 2007, Senator Trent Lott co- with respect to the health insurance other States. sponsored legislation with PATRICK industry. After all, competition is the Now, the gentleman from Texas re- LEAHY that would have repealed an engine that drives our economy, spurs ferred to the landmark legislation we even broader swath of antitrust exemp- innovation, and ensures that the Amer- had in California called MICRA, which tions benefiting the entire insurance ican consumer would receive a fair was adopted in the mid-1970s at a time industry. At the same time, Senator deal. But for far too long the insurance when we had a crisis in medical mal- Lott made the astute point that if the industry has been able to avoid ac- practice premiums. We actually had an industry were not engaging in price- countability by dividing up the terri- exodus of doctors, particularly in the fixing, it wouldn’t have to worry about tories among themselves like the rob- specialties. Neurosurgeons, I remember losing its antitrust exemption. ber barons once did on the backs of or- anesthesiologists, other high special- When Lott testified before the Judi- dinary Americans. ties with high-risk practices were actu- ciary Committee in 2007, he said, ‘‘I I also serve with several of my col- ally leaving the State of California be- cannot for the life of me understand leagues on the Competitiveness Task cause of the significant increase in pre- why we have allowed this exemption to Force, and I know that for our econ- miums on a yearly basis as a result of stay in place so long.’’ Perhaps even omy to regain its footing, we need cen- the true historical data of what was more telling, the National Association tral Ohio and American business to be happening in the courts. of Attorneys General strongly supports competitive, something this bill will b 1430 the repeal of McCarran-Ferguson. One help to ensure. assistant attorney general noted, ‘‘The This bill is needed because the health I recall at this time, because I actu- most egregiously anticompetitive insurance industry is sick, and we need ally did some representation in the claims, such as naked agreements, fix- to fix it. We know that we have an courts of doctors and hospitals and of ing price, or reducing coverage, are vir- unhealthy insurance system because even a couple of plaintiff cases—but tually always found immune’’ from we see that the signs and symptoms primarily defense cases—that it was prosecution under the law. are there. Ninety-six percent of all becoming a crisis. The SPEAKER pro tempore. The gen- health insurance markets are highly So, in California, it came together on tlewoman’s time has expired. concentrated, meaning consumers have a bipartisan basis, and we passed legis- Mr. CONYERS. I yield the gentle- little or no choice between insurers, lation better known as MICRA. In woman an additional 30 seconds. and it is too easy for insurance indus- there, we have a limitation on a sliding Ms. MARKEY of Colorado. For years, tries to conspire on practices. scale on the amount of money that can one industry has enjoyed an unfair ad- I urge my colleagues to support pas- go to the attorneys, and it’s a slightly vantage over every other business in sage of the Health Insurance Industry higher percentage at the lower recov- the United States. I don’t think this Fair Competition Act. eries. As the recovery gets larger and

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H784 CONGRESSIONAL RECORD — HOUSE February 24, 2010 larger, the percentage of return to the side would look with open eyes and would oppose a measure that would, in attorneys, percentage-wise for that would listen with open ears to our mo- fact, allow for competition. segment of the recovery, is less. tion to recommit because I think it Now, a lot has been said on the floor While putting no limitation whatso- will make a better bill, will clear up today, but the fact of the matter is— ever on recovery for loss of income and some definitions that are not defined in and I spent 8 years of my life as the in- for all medical costs, there was a cap this bill and will help us move in the surance commissioner in California, put on noneconomic damages. As one right direction. and I am here to tell you that the in- who has been in the courtroom and has Mr. CONYERS. Mr. Speaker, I yield 2 surance companies, using the exemp- seen what happens, that is logical be- minutes to the leader of the Progres- tion from the antitrust laws, are able cause the one area in which you saw sive Caucus in the House for so many to conspire to fix prices on premiums extraordinary amounts of money that years, the gentlewoman from Cali- and on payments to doctors. That has really were not truly indicative of ap- fornia, LYNN WOOLSEY. been proved in cases, national cases, provable damage—I’m not saying there Ms. WOOLSEY. Thank you, Con- brought by States and by private attor- isn’t pain and suffering, but trying to gressman CONYERS, for your great lead- neys as well as by the attorney general quantify it is extremely difficult, and ership. of New York. it proved to be impossible, and it Mr. Speaker, can you imagine the Similarly, they are able to vertically proved to be the area in which you had health care industry being exempt integrate. In a case that took place in the outrageous jury verdicts that had from the McCarran-Ferguson antitrust New York, where UnitedHealthcare the impact of distorting the system. So rules right now, particularly after An- owns a company called Ingenix, which California adopted both of those. them raised their rates 39 percent a actually sets the reimbursement rates, In other words, the bill that has been couple of weeks ago when their parent they are able to have a serious conflict presented by the President and Demo- company had just announced that they of interest. The lower the normal reim- crats in the House and the Senate not had had—I believe it was 2.9—around a bursement rates, the more the copay to only does not really deal with reform $2 billion profit last quarter, and when consumers. of the medical malpractice system, but one of their subsidiaries has to raise So there are varieties of practices it takes us back more than 30 years to their rates 39 to 40 percent? that take place in the insurance indus- the position in which we were then H.R. 4626 will lift the antitrust ex- try, practices which are anticompeti- when we had not an academic exercise emptions that health insurance compa- tive and anticonsumer. What we are about the possibility of a crisis but a nies have enjoyed for far too long. It doing here is very simple and very, true crisis. We literally had a crisis in will protect us from the Anthems of very straightforward. It is this: medical care in the State of California the world. These exemptions have Under the antitrust laws that have until we enacted this change. given the companies a near monopoly been in place since Teddy Roosevelt is So that is why it is at least as control of health insurance markets— a long history of people pushing back strange to ask and to see why we don’t preventing meaningful competition, against the powerful interest groups— have some litigation reform moving competition that would bring down the in this case, the powerful interest through our Judiciary Committee and cost of premiums and competition that groups of the insurance industry. It is through the other committees that would make health care affordable for time for us to simply say, You must may have jurisdiction in the House of all Americans, which we know is not compete as every other part of the Representatives and placed on the right now. Through the lifting of the American economy must. Vertical in- floor. That’s why it was very important insurance companies’ antitrust exemp- tegration to the detriment of con- for the gentleman from Texas to make tions and through the creation of an sumers: not allowed. Price-fixing on reference to the California system, be- exchange, we will increase competi- selling the products: not allowed. Not cause that is one that has worked, and tion. The insurance industry will then able to use that market power to set it specifically is the one that is singled have to control their costs, control prices on the payment to doctors and out in the legislation that the Presi- their premiums and control their hospitals. All of those things have dent supports to be punished. Now, if copays because they will have competi- taken place. The proof is there. that is not irony, I don’t know what is. tion. With regard to the States’ ability to The SPEAKER pro tempore. The Another important way to increase do this, yes, many States do have anti- time of the gentleman has expired. competition is to give the American trust laws, and we are thankful for Mr. SMITH of Texas. Mr. Speaker, I people a choice, a choice of a public that, but the Federal Government, the yield the gentleman an additional 1 health insurance option—an option Federal Attorney General, is precluded minute. that will compete with private health from involving in the matter of com- Mr. DANIEL E. LUNGREN of Cali- insurance companies and will bring petition in this industry. fornia. So I would just hope that people down the costs of premiums and the Mr. CONYERS. Mr. Speaker, I yield 2 would understand, as important as this costs of coverage. minutes to a former member of the bill is, that we should be at least lis- The CBO, the Congressional Budget House Judiciary Committee, the gen- tening to the American people, who Office, has stated that a public option tlewoman from Ohio, BETTY SUTTON. have said number one on their issue would save at least $25 billion if we in- Ms. SUTTON. Thank you, Mr. Chair- list in dealing with this problem, as cluded that right now in our health man, for the time. they see it, as they understand it, as care bill. That $25 billion could be used Mr. Speaker, I rise in strong support they are affected by it, is the reform of for subsidies to ensure the affordability of this bill, to repeal the antitrust ex- the medical malpractice litigation sys- of all health insurance plans. emption for health insurance compa- tem as it currently exists. Mr. SMITH of Texas. Mr. Speaker, I nies. So it is somewhat disappointing that have no further requests for time on For far too long, the health insur- we don’t have that even on the horizon. this side, and I am prepared to close at ance industry has been exempted from I think the gentleman, the ranking the appropriate time. playing by the rules that most other member on the committee, would agree I reserve the balance of my time. American businesses must live by. we haven’t seen anything on this sub- Mr. CONYERS. Mr. Speaker, I yield 2 Since 1945, they have been operating ject that has been scheduled for our minutes to the distinguished gen- beyond the reach of these important committee. tleman from California (Mr. consumer protection laws. The result While I support this legislation—and GARAMENDI). has been excessive consolidation in the let me repeat that—I support this leg- Mr. GARAMENDI. Chairman CON- health insurance industry and the in- islation. I think it is good legislation. YERS, thank you so very much. surance companies taking advantage of I think it may have a slightly bigger Mr. Speaker, I keep thinking about honest, ordinary Americans. This legis- impact than, maybe, my ranking mem- that movie ‘‘Casablanca.’’ The guy lation will finally put an end to insur- ber thinks it will have, although not as says, I am shocked to learn that the ance company collusion, and it will large an impact as suggested by the Republican Party that has championed bring much needed competition to the other side. I would hope that the other itself with the free market economy industry.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H785 According to the Consumer Federa- in the industry? There are not all bad Mr. Speaker, I reserve the balance of tion of America, repealing these anti- actors out there, but on this day, at my time. trust exemptions will save consumers this hour, we need to stand with con- Mr. SMITH of Texas. Mr. Speaker, I more than $40 billion in insurance pre- sumers. yield myself such time as I may con- miums. I, for one, want consumers to Mr. CONYERS. Mr. Speaker, this has sume. save that money. The families that I been an important debate, and I would Mr. Speaker, first of all, let me proudly represent have the right to be like to take this opportunity to com- thank Chairman CONYERS for his com- confident that the cost of their insur- mend the leader of the Republicans in ments. He is always gracious in mak- ance and the actions of their health in- the House, and especially one Member ing those. He is right. We have had a surance providers are reflective of com- on the Judiciary Committee, LAMAR good discussion today about this par- petitive market conditions, not of col- SMITH. ticular piece of legislation. And I also lusion. We have had a very civil debate. I want to say that he and I have a very This bill is a historic step to ensure think, in the course of the incredible good working relationship on the Judi- competition in the insurance industry amount of time that we have been al- ciary Committee as well. and to provide access to quality, af- lotted for this bill, that we have In regard to this bill, Mr. Speaker, I fordable health care for all Americans. reached closure on some issues. There have to say that as much as some Now, who would be against that? are now more things that we agree to might hope that it did something or The choice is clear and easy. It is a on both sides of the aisle than there hope that it accomplished something two-page bill, easily understood, hard are things that we may have dif- or might wish that the bill did some- to mischaracterize. A vote for the bill ferences about. thing or might pretend that the bill did is a vote for our constituents. A vote something, in point of fact, the Con- b 1445 against the bill is doing exactly what gressional Budget Office disagrees. the insurance industry wants. Let’s I attribute it to the goodwill and the Members are free to wish upon a star, think about that. For our constituents cooperation of my Republican col- but this bill is a dim bulb. Mr. Speaker, the Congressional Budg- versus for the health insurance indus- leagues on the House Judiciary Com- et Office says that ‘‘whether premiums try. It’s an easy choice. Because the mittee. I also solicit their vote, but I would increase or decrease as a result American people need all of us to be on will respect any way that they may of this legislation is difficult to deter- their side, I urge people on both sides choose to dispose of this matter and mine, but in either case, the magnitude of the aisle to vote for this bill. our friendship will not be diminished or of the effects is likely to be quite Mr. CONYERS. Mr. Speaker, I yield 2 impaired in any way whatsoever. small.’’ ‘‘Quite small.’’ minutes to the gentleman from Can- Now, LAMAR SMITH mentioned the fact that there were other exemptions, So, Mr. Speaker, what’s the point of ton, Ohio, JOHN BOCCIERI. this bill? CBO goes on to say that pre- Mr. BOCCIERI. Thank you, Mr. and to be perfectly candid, I did not know that there were more than two mium reductions from this bill are Chairman. likely to be small because ‘‘State laws Mr. Speaker, the American people exemptions, and it turned out that there are. As a matter of fact, there are already bar the activities that would have asked for common sense in their be prohibited under Federal law if this government, but all too often it is just 27. But many of them—and I haven’t researched this yet. Many of them are bill was enacted.’’ not that common. So again, Mr. Speaker, what’s the partial exemptions. Many of them are You see, our friends on the other side point of this bill? have asked for simplicity, for sub- very small exemptions that are very I could list all the reasons why this stance, and for competition in the limited in terms of the economic scope bill is ineffective, useless, unproduc- health care debate, but only in Wash- of our reach in the United States. But tive, pointless, futile, and meaningless. ington will we argue that competition they, nevertheless, exist. Instead, I would like to highlight some- doesn’t reduce costs. Only in Wash- Mr. SMITH may remember that the thing we could do to actually drive ington will we argue that we haven’t baseball antitrust exemption was given down health care costs. had time to read a two-page bill. Only very close scrutiny only 2 or 3 years Last October, the CBO concluded in Washington will we argue process ago, and it reminded them of the fact that a tort reform package consisting over results for consumers. that their conduct hadn’t always been of reasonable limits on frivolous law- What does it mean for consumers in such that deserved a continuation of suits would reduce the Federal budget Ohio? the exemption, and I’m hopeful that deficit by an estimated $54 billion over Well, let me tell you, small busi- baseball will still deserve it. the next 10 years. That $54 billion in nesses in Ohio, their premiums have But here in the field of health care, I savings from tort reform could be used risen about 129 percent. There are 7.4 think it’s hard to defend any argument to provide health insurance for many million people in Ohio who get their in- that the health insurance industry de- of the uninsured without raising taxes surance on the job, averaging about serves or requires or needs an exemp- on those who already have health in- $13,000. Small businesses make up 72 tion, and for that reason I am urging surance policies. percent of all business in Ohio, while all of my colleagues to examine this Also, according to the CBO, under a only 47 percent of them can afford to two-page bill and scrutinize it. Let’s Republican-sponsored health care tort offer health insurance for their people. see if we can get a refreshingly large reform bill called the HEALTH Act, We have seen 400 mergers in the bipartisan vote that could lead the ‘‘premiums for medical malpractice in- health care industry over the last 14 American people to reflect on the fact surance ultimately would be an aver- years, so 95 percent. According to the that we can be liberals and conserv- age of 25 percent to 30 percent below Department of Justice, health insur- atives without rancor or animosity or what they would be under current ance markets are highly concentrated. personalizing our philosophical dif- law.’’ It means there is collusion. It is simple ferences, and that’s the appeal that I And a GAO report stated that ‘‘losses economics. We increase competition. offer to my colleagues on the other on medical malpractice claims, which We lower prices. side. make up the largest part of insurers’ On this matter, we have to know who There are those that wonder if this costs, appear to be the primary driver we will stand with at this hour. Are we would create some kind of a chill or of rate increases in the long run.’’ going to stand for families or are we curtailment of creativity if this exemp- Mr. Speaker, rather than spend time going to stand for monopolies? Are we tion were removed, and I don’t think on a bill that the CBO said would yield going to stand for competition or are that that is very logical. We think that a ‘‘quite small,’’ if any, change in we going to stand for price-fixing and the antitrust laws are fairly elemen- health care premiums, we should in- collusion? Are we going to be Congress tary. They don’t conspire against com- stead take up a bill the CBO concluded men and women who stand for con- petition. They don’t try to reserve cre- would save us $54 billion. The Amer- sumers and for open markets or are we ativity. We want competition, and it is ican people deserve real health care re- going to be Congress men and women the exemption from antitrust liability form, not a feeble and feckless sub- who stand for collusion and corruption that this becomes very, very critical. stitute.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H786 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Mr. Speaker, I yield back the balance posed to last 3 years. Sixty-five years So again, I commend all of those who of my time. later we are on the floor of the House played a part in bringing this to the Mr. CONYERS. Mr. Speaker, I yield 1 to finally repeal the special exemption floor, to the bipartisan discussion that minute to the gentleman from Mary- that insurance companies have that no took place in committee that has been land, Mr. FRANK KRATOVIL. other industry, except Major League mentioned, and for hopefully the Mr. KRATOVIL. Mr. Speaker, for Baseball, has in our country. strong bipartisan support we will see months we have been debating how to I also want to commend Mr. DEFAZIO, today. improve the health care system. We who has been a champion on this issue, But again I want to come back to have focused on two major goals: One Congressman DEFAZIO from Oregon. He Chairman CONYERS, because he is the is increasing the number of those who has worked with our new Members of person when it comes to speaking out have coverage, and the second major Congress, and they have been a source for the people, chairman of the Judici- goal is doing what we can to reduce the of energy to move this legislation: Con- ary Committee, a very prestigious posi- costs for those that do. One way, obvi- gresswoman BETSY MARKEY of Colo- tion, one with a great deal of responsi- ously, to accomplish these goals is to rado; Congressman TOM PERRIELLO of bility to make sure that the pledge we increase competition. In fact, it’s one Virginia, the author of this bill. We’re take each day, with liberty and justice of the few areas where, in this debate, grateful to them for their courage and for all, is lived up to. And today we are we have seen bipartisanship. There their leadership, because the insurance providing much more competition, have been recommendations, various companies don’t want this bill but the much more freedom for the American recommendations, on how to do that. American people do, and I commend people by expanding their choices with One is the bill that we have today. those who have worked so hard. this important legislation. There have been other suggestions, al- Another new Member of Congress, I urge our colleagues to support the lowing for competition across State Congressman GARAMENDI, a former in- legislation, once again salute all those lines. surance commissioner of the State of who made it possible to bring this be- The point is we all know that one of California, played a role effective from fore the people’s House today. Thank the ways to accomplish the major goals the start as soon as he arrived to get you, Mr. Chairman. that we seek to accomplish is to create this legislation to the floor. And, Mr. VAN HOLLEN. Mr. Speaker, as an origi- competition, and that is what this bill again, I believe that the legislation has nal cosponsor, I rise in strong support of legis- does. We need to ask the question: Why many Republican supporters as well. lation that will end the unfair advantages that would we allow this exemption to con- So that, of course, is really a source of health insurance companies currently enjoy tinue when we do not do that for other confidence to us as we go forward into today. I want to commend my colleagues Rep- industries? Why would we do that when the health care debate. resentatives PERRIELLO and BETSY MARKEY for no public interest is served by doing One year ago, we began this debate their leadership and advocacy on this very im- so? on health care, quality, affordable portant issue. Now, this may not be the silver bul- health care for all Americans. We got a I hope most of us would agree that health let, but certainly everyone agrees that running start on it in the recovery insurance companies should play by the same in order to improve our health care package with big investments in basic rules as every other industry in America. For system, we must increase competition. biomedical research and health infor- far too long, the health insurance industry has That’s not a partisan issue. That’s mation technology, so we were on the been exempt from the Federal antitrust laws what this bill does. And for that rea- cutting edge of science and technology that govern other businesses. As a result, they son, I ask my colleagues to support it. for this. We had a running start on it are not subject to Federal laws banning price Mr. CONYERS. Mr. Speaker, NANCY by passing the SCHIP in a bipartisan fixing, market manipulation, collusion, or other PELOSI is the first female Speaker of way, State Children’s Health Insurance anticompetitive business practices. the House in American history. She is Program, insuring 11 million children It is apparent that there is no real competi- the third ranking person in our Federal in America. And then the debate has tion in parts of the health insurance market. In Government. And we are all honored to gone on from the summit the President the last few weeks, we have seen health in- recognize her for 1 minute at this time. had a year ago in a bipartisan way to a surance companies impose huge premium in- Ms. PELOSI. I thank the chairman summit he will have tomorrow as well. creases on consumers. Anthem Blue Cross of for his generous remarks and for his But in the meantime, this very impor- California announced a 39 percent price hike tremendous leadership in bringing this tant piece of legislation is before us in premiums for their consumers. The Depart- important legislation to the floor. Mr. today. ment of Health and Human Services has re- CONYERS is well known as a champion I have always said that any health ported that several large health insurance of the people, and today he dem- care reform had to make the AAA test. companies across the country have requested onstrates that once again. It had to have affordability for the premium increases of anywhere between 16 This House of Representatives, Mr. middle class, accessibility for many percent and 56 percent. These huge premium Chairman, is called the people’s House, more people, and accountability for the increases come after a year of record profits and you are a leader in the people’s insurance companies. Accountability for the top five health insurance companies in House. Today we live up to that name for the insurance companies. No longer America. Last year, as Americans struggled to by passing legislation that increases le- would they have it all their way. And pay their health insurance costs, insurance verage for people. By changing the that’s what this legislation does. companies’ profits jumped by 56 percent. playing field, a playing field that has We had this on the agenda, and then Quite simply, the legislation we are consid- been dominated by the insurance in- the snows came and we had to put it ering today will repeal the blanket antitrust ex- dustry for over 65 years. And now it’s off. And in between the time when we emption afforded to health insurance compa- the people’s turn. The insurance com- all got snowed out or snowed in, An- nies under the McCarran-Ferguson Act. We panies will now be playing on the peo- them in California announced that it must hold health insurers accountable when ple’s field. was going to raise its rates 39 percent: they engage in anti-competitive behaviors that Mr. CONYERS, thank you for your on- 39 percent, Anthem Insurance Com- benefit their profit margins at the expense of going leadership, for fairness, for com- pany; 39 percent for health insurance. American families. petition, for a better deal for the Amer- Mr. Speaker, we are taking a small but very ican people. b 1500 critical step towards health insurance reform I also want to commend chairwoman Over the past decade, insurance rates and fixing a part of our broken health care of the Rules Committee, LOUISE have gone up over 150 percent. And this system while Congress continues to work on SLAUGHTER, for her ongoing and per- continues in Michigan, Kansas, other comprehensive health care reform to bring sistent insistence that this legislation places in the country these insurance more affordable and accessible care for all come to the floor. When she served in rates have gone up because the insur- Americans. I urge my colleagues to support the State legislature in New York, she ance companies simply have not been this much-needed bill. was fighting this fight. accountable. And this has worked to Mr. HOLT. Mr. Speaker, I rise in strong sup- This antitrust exemption was passed, the disadvantage of the American peo- port of the Health Insurance Industry Fair again, over 60 years ago and it was sup- ple. Competition Act, H.R. 4626, legislation that

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H787 would remove the health insurance industry’s strong supporter of H.R. 4626 the Health In- same level playing field as every other busi- antitrust exemption. As a cosponsor of this im- surance Industry Fair Competition Act. ness in America. I hope that all my colleagues portant legislation, I urge my colleagues to join Since 1940s, the McCarran-Ferguson Act who consistently espouse the virtues of a free me in supporting this bill to expand competi- has exempted the insurance industry from all market will join us in passing this bill today. tion, improve the affordability of health insur- federal antitrust laws giving health insurers Mr. CONYERS. Mr. Speaker, I yield ance, and give families more choices. freedom to raise premium prices, deny cov- back the balance of my time. I have heard from many hard-working New erage for preexisting conditions, and change The SPEAKER pro tempore. All time Jerseyans, who are struggling under the cur- their reimbursement rates. has expired. rent insurance system. The system is too ex- Right now millions of Americans are at the Pursuant to House Resolution 1098, pensive and leaves too many people without mercy of the health insurance companies with the previous question is ordered. good, secure coverage. Families are paying premium increases going up in the double The question is on the engrossment higher and higher premiums for less coverage. digit percentage points across the country. and third reading of the bill. Our businesses are struggling to afford health These premium increases are not to enhance The bill was ordered to be engrossed care for their employees and find themselves insurance plans, but to add to the extremely and read a third time, and was read the at a competitive disadvantage compared to large profit margins of insurance companies. third time. companies in other countries. Those problems Seemingly, there is no end in sight to this MOTION TO RECOMMIT have not gone away and must be addressed. business practice because there is little com- Mr. SMITH of Texas. Mr. Speaker, I The legislation we are considering today petition in the health insurance market that have a motion to recommit at the would lower costs and provide new insurance benefits the consumer. If this continues health desk. options for families by repealing the insurance insurance premiums will continue to rise as The SPEAKER pro tempore. Is the special exemption to antitrust law. This ex- long as we allow the insurance companies to gentleman opposed to the bill? emption was created by the 1945 McCarran- control markets. Mr. SMITH of Texas. I am in its cur- Ferguson Act with the intention of helping new We know that competition in the market- rent form. small insurance companies by allowing them place leads to lower prices and more options The SPEAKER pro tempore. The to access historical insurance data for setting that benefit the consumer. There is no reason Clerk will report the motion to recom- their premiums and left all antitrust regulation why the health insurance industry, with their mit. to the states. outrageous spending on lavish retreats and The Clerk read as follows: Instead of encouraging new small insurance executive salaries at the expense of the con- Mr. Smith of Texas moves to recommit the companies, this antitrust exemption has stifled sumer, should not be forced to compete for bill (H.R. 4626) to the Committee on the Ju- competition. A single insurance company con- business on a level playing field and control diciary, with instructions to report the bill trols more than half the insurance market in their costs and spending on non-health care back to the House forthwith with the fol- 16 states, while in New Jersey the top two related items. lowing amendments: Right now, health insurance costs are out of Strike subsection (a) of section 2 of the bill companies control almost 60 percent of the and insert the following (and make such market. Lack of competition has led to growing control and if individuals cannot afford health technical and conforming changes as may be insurer profits, increased costs and reduced insurance they end up in emergency rooms appropriate): coverage for patients, and an epidemic of de- forcing the health care system and the tax- (a) AMENDMENT TO MCCARRAN-FERGUSON ceptive and fraudulent conduct. payer to pay for their expenses. Yet, the insur- ACT.—Section 3 of the Act of March 9, 1945 By repealing the special antitrust exemption ance companies continue to see increased (15 U.S.C. 1013), commonly known as the for health insurance companies, health insur- profits while making it nearly impossible for in- McCarran-Ferguson Act, is amended by add- ers would be held accountable for fixing dividuals to gain access to or afford a policy. ing at the end the following: H.R. 4626 is one way we can fix the mo- ‘‘(c)(1) Nothing contained in this Act shall prices, dividing up market territories, using modify, impair, or supersede the operation of predatory pricing, or rigging bids. This bill nopolies the health insurance industry has any of the antitrust laws with respect to the makes the federal government a partner with over the consumer and will make insurance business of health insurance. For purposes of states who lack the resources to go after in- coverage more affordable for individuals and the preceding sentence, the term ‘antitrust surance companies that have violated the law. small businesses. laws’ has the meaning given it in subsection This bill is one part of reform needed to im- This is a step in the right direction, but we (a) of the first section of the Clayton Act, ex- prove the health care that all Americans re- desperately need health reform in this country. cept that such term includes section 5 of the ceive by holding health insurance companies All individuals should have access to quality Federal Trade Commission Act to the extent and affordable health insurance and we will that such section 5 applies to unfair methods to the same good-competition rules that other of competition. industries face. I encourage my colleagues to not accomplish that without reforms through- ‘‘(2) Paragraph (1) shall apply only to vote in favor of this bill to lower costs and pro- out our health care system. health insurance issuer (as that term is de- vide new options for patients. I strongly support H.R. 4626 because insur- fined in section 2791 of the Public Health Mr. LOEBSACK. Mr. Speaker, I am submit- ance anti-trust reform is one piece of the pie Service Act (42 U.S.C. § 300gg-91) to the ex- ting the following statement for the record in as we move forward. tent that the issuer engages in the business support of the Health Insurance Industry Fair Ms. DELAURO. Mr. Speaker, this past sum- of health insurance. Competition Act, which would end the anti- mer, in my home state of Connecticut, Anthem ‘‘(3)(A) Paragraph (1) shall not apply to— tried to raise health insurance premiums by up ‘‘(i) collecting, compiling, classifying, or trust exemption that currently gives special disseminating historical loss data; privileges to health insurance companies. to 32 percent. Right now, in California, the ‘‘(ii) determining a loss development factor If we do not pass this legislation, American same company is trying to pull the same applicable to historical loss data; consumers will continue to pay more for health trick—trying to increase their rates by as much ‘‘(iii) performing actuarial services if doing insurance, if they can afford it at all, because as 39 percent. so does not involve a restraint of trade, or of a lack of competition in the insurance mar- Unfortunately, we now know that the top five ‘‘(iv) information gathering and rate set- ket. insurers in America saw record-breaking prof- ting activities of a State insurance commis- According to the AFL–CIO, profits at 10 of its in 2009. We have seen increases in profits sion or other State regulatory entity with the country’s largest publicly traded health in- of 91 percent at WeIlPoint, and a whopping authority to set insurance rates. ‘‘(B) The term ‘historical loss data’ means surance companies rose 428 percent from 346 percent at Cigna. information respecting claims paid, or re- 2000 to 2007. At the same time, consumers How is this happening, in the midst of an serves held for claims reported, by any per- paid more for less coverage. At the root of this historic recession? A lot of reasons, and cen- son engaged in the business of insurance. problem is the growing lack of competition in tral among them the fact that, according to ‘‘(C) The term ‘loss development factor’ the private health insurance industry that has long-established antitrust standards, there is means an adjustment to be made to the ag- led to near monopoly conditions in many mar- no real competition in the insurance market gregate of losses incurred during a prior pe- kets. today. In fact, there have been more than 400 riod of time that have been paid, or for There is no reason why health insurance mergers among health insurers in the past 14 which claims have been received and re- serves are being held, in order to estimate companies should continue to receive this fa- years. So, insurers get away with price- the aggregate of the losses incurred during vored treatment from the federal government gouging mainly because they can. such period that will ultimately be paid.’’. while millions of Americans pay the price. We have coddled this industry far too long. At the end of the bill, add the following Mr. GENE GREEN of Texas. Mr. Speaker, It is time to remove insurers’ special antitrust (and make such technical and conforming I rise today as an original cosponsor and exemption and to make them play on the changes as may be appropriate):

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H788 CONGRESSIONAL RECORD — HOUSE February 24, 2010 SEC. 3. GAO REPORT. political rhetoric aside and see what Mr. DEFAZIO. Mr. Speaker, I rise in Three years after date of enactment of this the bill really does. We shouldn’t be opposition to the motion to recommit. Act, the Government Accountability Office afraid of the truth. The SPEAKER pro tempore. The gen- shall submit, to the Committee on the Judi- In short, this motion to recommit in- tleman is recognized for 5 minutes. ciary of the House of Representatives and Mr. DEFAZIO. I thank the Speaker. the Committee on the Judiciary of the Sen- cludes definitions and clarifications that the majority has already included Simple question before the House ate, a report on whether this Act has reduced today. Should the health insurance in- unfair competition in the health insurance in earlier versions of this legislation market in each of the 50 States. Such report that either were reported favorably by dustry live under the same antitrust shall specify whether, as a result of this Act, the Judiciary Committee or were rules and have the same consumer pro- the reduction in unfair competition, if any, passed by the full House. This isn’t tections as are provided for every other has resulted in increased price competition much of a bill, but let’s try to improve major industry in America without in the business of health insurance. what little there is. special exception, without carve-outs, Mr. SMITH of Texas (during the read- I yield to the gentleman from Cali- without loopholes? No more collusion ing). Mr. Speaker, I ask unanimous fornia, a senior member of the Judici- to get together, to conspire to limit consent that the motion be considered ary Committee. markets, coverage, and drive up rates. as read. Mr. DANIEL E. LUNGREN of Cali- The American people want and they The SPEAKER pro tempore. Is there fornia. Mr. Speaker, I would like to need this protection. objection to the request of the gen- refer to that part of the motion to re- Now, they say there is a study throughout that says this won’t save tleman from Texas? commit that deals with the amend- money. That study was actually based Mr. DEFAZIO. Mr. Speaker, reserving ment that I offered and that was con- on the language they are offering. Yes, the right to object, is this the one pre- tained in the bill that passed out of the if we provide these loopholes it well viously noticed and delivered a couple Judiciary Committee. It simply allows hours ago? Is that the motion to re- may not bring down rates. But if we historical data to be utilized by insur- don’t vote for their loopholes, we will commit? I just want to make sure it is ance companies large and small. This is bring down rates. The Consumer Fed- exactly the same language. something that is requested by the eration of America says we will save The SPEAKER pro tempore. The small insurance companies, this is $10 billion in ratepayer premiums next pending motion is at the desk. something supported by the American year if we adopt this amendment Mr. DEFAZIO. I withdraw my res- Bar Association. Their representative straight up without their loopholes. ervation. who testified before our subcommittee With that, I yield to the gentleman The SPEAKER pro tempore. Is there on behalf of or in support of the under- from California. objection to the request of the gen- lying legislation supported this amend- Mr. GARAMENDI. Thank you. tleman from Texas? ment so that in fact small insurers Mr. Speaker, directly to Mr. LUN- There was no objection. would not be disadvantaged. GREN’s proposed amendments, actually The SPEAKER pro tempore. Pursu- Let’s get this right. There are some there are three major elements. If you ant to the rule, the gentleman from who have told me on the other side look at those major elements, they do Texas is recognized for 5 minutes in that, well, we don’t need this because in fact give the insurance industry the support of the motion. it will be allowed by the U.S. Justice opportunity to collude, because that is Mr. SMITH of Texas. Mr. Speaker, I Department or by the courts. We ought the data that sets future prices for con- support this motion to recommit on not to wait for that. We ought to give sumers as well as payments for doc- H.R. 4626, the Health Insurance Indus- some real solid certainty to insurance tors. try Fair Competition Act. As I stated companies, particularly the small in- I know this business. I was the Insur- in my earlier comments, this legisla- surance carriers. So if we wish to per- ance Commissioner in California for 8 tion does little, if anything. However, mit the collection of historical data, years. And I know that if an insurance if you are going to do nothing, you let’s make it clear what we intend. company is able to collude in col- might as well do it better. Just because we haven’t brought for- lecting, compiling, classifying, or dis- This motion corrects three drafting ward on this floor some answer to the seminating historic data and deter- errors that create problems with the medical malpractice litigation issue is mining a loss development factor, and bill. First, it adds a definition for no reason for us to commit legislative finally, using actuarial services, they health insurers that was absent from malpractice here. We ought to do our have the power to collude. This is an the base bill. If we are going to elimi- job. We ought to not pass it on. incredible loophole. It should never be nate McCarran-Ferguson for a limited Now, there are a few people who allowed. subset of insurers, then we should clar- don’t think that historical data should And the final point having to do with the insurance commissioners collecting ify who those insurers are. even be allowed. If that is the way they data, nowhere in any antitrust laws are Second, this motion to recommit in- feel, I understand it. Most Members I States precluded from any collection of cludes the exchange of data provision have spoken to believe it ought to be data. This ought not be put forth. I ask that Mr. LUNGREN added at the Judici- allowed. They understand the absolute for a ‘‘no’’ vote. ary Committee markup of a similar essence of it in terms of the continued Mr. DEFAZIO. I yield to the gen- bill. It is necessary to ensure that existence of small insurers across the tleman from New York. small and medium health insurers can country. Mr. WEINER. You know, you got to in fact compete in the marketplace. Let’s get it right. I have the language love these Republicans. I mean, you Third, the motion to recommit in- virtually the same that was contained guys have chutzpah. The Republican cludes language that protects the rate in the majority’s health care bill that Party is . . . That is the fact. They say gathering and rate setting activities of passed just a couple of months ago. It that, well, this isn’t going to do State insurance commissions. The ma- is the same as contained in the bipar- enough, but when we propose an alter- jority assumes this will be protected by tisan bill that came out of our com- native to provide competition, they are the State action doctrine. But if Con- mittee. And most importantly, it is the against it. They say that, well, we gress is going to repeal a 65-year-old same language contained in the various want to strengthen State insurance law, shouldn’t we make clear that we bills presented to this House by the commissioners, and they will do the do not want this to undermine State late great Jack Brooks, chairman at job. But when we did that in our na- insurance commissions? that time of the House Judiciary Com- tional health care bill, they said we are Finally, the motion to recommit in- mittee, about whom Members on the against it. They said they want to have cludes a GAO study on the impact of other side have waxed eloquently. And competition, and when we proposed re- this legislation on competition in the in tribute to him, I would hope they quiring competition, the Republicans health insurance market. Specifically, would support the gentleman’s motion are against it. They are . . . That is the the GAO must report on whether or not to recommit that contains my amend- fact. this legislation has enhanced competi- ment. Mr. DANIEL E. LUNGREN of Cali- tion, resulting in lower prices and new Mr. SMITH of Texas. I yield back the fornia. Mr. Speaker, I ask that the gen- competitors in the market. Let’s put balance of my time. tleman’s words be taken down.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H789 The SPEAKER pro tempore. The gen- driving up taxes, they’re driving our Vote against the motion to recom- tleman will suspend. The gentleman economy into the ground, and we need mit, and vote for competition and con- from New York will be seated. competition and choice to deal with sumer protection for all Americans in The Clerk will report the words. that. That’s what this legislation does, health insurance. Mr. WEINER. Mr. Speaker, I ask and the motion to recommit under- With that, I yield back the balance of unanimous consent to address the mines it. my time. House for the purpose of amending my I’ve heard a couple of times today, Mr. DANIEL E. LUNGREN of Cali- remarks. well, we have an effort for bipartisan- fornia. Mr. Speaker, I would like to ask The SPEAKER pro tempore. Does the ship here. No, there is not bipartisan- unanimous consent if I might revise gentleman seek unanimous consent to ship on this fundamental issue; and my remarks. I referred to Jack Brooks withdraw his words? that is, the people who sit on this side, as the late great. I didn’t mean to sug- Mr. WEINER. I would request unani- at the risk of offending anyone, gen- gest that he is no longer with us. He is mous consent to substitute other erally support the idea of standing up great but he is not late. words. for the American people in their daily The SPEAKER pro tempore. Without The SPEAKER pro tempore. That battles against high insurance. And the objection. would require a withdrawal. people, generally speaking, who sit on There was no objection. Mr. WEINER. I ask unanimous con- this side of the Chamber, and specifi- The SPEAKER pro tempore. All time sent to withdraw my words. cally speaking as well, in a lot of cases, has expired. The SPEAKER pro tempore. Is there simply won’t permit that to happen Without objection, the previous ques- objection to the request of the gen- and haven’t for a generation. tion is ordered on the motion to recom- tleman from New York? That’s going to end now. That is mit. There was no objection. going to end because we are going to There was no objection. Mr. WEINER. How much time do I have competition. We are going to The SPEAKER pro tempore. The have remaining? make sure that there are regulations, question is on the motion to recommit. The SPEAKER pro tempore. The gen- and we’re going to make sure that the The question was taken; and the tleman from Oregon has 3 minutes re- American people aren’t gouged. That’s Speaker pro tempore announced that maining. what the American people stand for. the noes appeared to have it. The gentleman from New York is rec- And time and time again people say, Mr. SMITH of Texas. Mr. Speaker, on ognized. well, I don’t really want to undermine that I demand the yeas and nays. Mr. WEINER. Make no mistake this bill, I just want to weaken it to The yeas and nays were ordered. about it: . . . the point that it’s meaningless. The SPEAKER pro tempore. Pursu- Mr. DANIEL E. LUNGREN of Cali- And then I’ve heard my good friend ant to clause 8 and clause 9 of rule XX, fornia. Mr. Speaker, I ask the gentle- from Texas say, well, this doesn’t do this 15-minute vote on the motion to man’s words be taken down once more. anything. But every single time we’ve recommit will be followed by 5-minute The SPEAKER pro tempore. The gen- tried to do something, like a tiny sliver votes on passage of H.R. 4626, if or- tleman will suspend. The gentleman of competition called the public option, dered; and suspension of the rules with from New York will be seated. they’ve said, no; we can’t withstand regard to House Resolution 1085. The Clerk will report the words. competition. We can’t have that. The vote was taken by electronic de- Mr. WEINER. Mr. Speaker, I ask Enough of the phoniness. We are vice, and there were—yeas 170, nays unanimous consent to withdraw the of- going to solve this problem because for 249, not voting 13, as follows: fending comments. years our Republican friends have been [Roll No. 63] The SPEAKER pro tempore. Is there unable to and unwilling to. Deal with YEAS—170 objection to the request of the gen- it. Aderholt Diaz-Balart, L. Latham tleman from New York? Mr. DEFAZIO. I thank the gentleman Adler (NJ) Diaz-Balart, M. LaTourette Mr. DANIEL E. LUNGREN of Cali- for those remarks. Akin Dreier Latta fornia. Reserving the right to object, The SPEAKER pro tempore. The gen- Alexander Duncan Lee (NY) has the Chair ruled as to whether the tleman from Oregon has 11⁄2 minutes re- Austria Ehlers Lewis (CA) Bachmann Emerson Linder gentleman’s words are inappropriate maining. Bachus Fallin LoBiondo under the rules of the House and the Mr. DEFAZIO. We have before us a Bartlett Flake Lucas precedents of the House? simple question: Will we repeal a 62- Barton (TX) Fleming Luetkemeyer The SPEAKER pro tempore. There year old artifact that is a special favor Biggert Forbes Lummis Bilbray Fortenberry Lungren, Daniel has been no ruling at this time. The for the insurance industry, an exemp- Bilirakis Foxx E. gentleman has offered to withdraw the tion from the laws of the land of anti- Bishop (UT) Franks (AZ) Mack words. trust, which are designed to promote Blackburn Frelinghuysen Manzullo Mr. DANIEL E. LUNGREN of Cali- Boehner Gallegly Marchant competition, to protect consumers, and Bonner Garrett (NJ) Marshall fornia. I withdraw my reservation. for a free market economy. Bono Mack Gerlach McCarthy (CA) The SPEAKER pro tempore. Is there You can’t have a free market econ- Boozman Gingrey (GA) McCaul objection to the request of the gen- omy when people can collude, when Boustany Gohmert McCotter Brady (TX) Goodlatte McHenry tleman from New York? they can get together to limit markets Bright Granger McKeon There was no objection. and competition, when companies be- Broun (GA) Graves McMorris Mr. DEFAZIO. May I inquire as to come so huge they dominate urban Brown (SC) Griffith Rodgers the time now that is left? areas and entire States; one company. Brown-Waite, Guthrie Mica Ginny Hall (TX) Miller (FL) The SPEAKER pro tempore. The gen- Consumers have virtually no choice in Buchanan Harper Miller (MI) tleman from Oregon has 2 minutes and much of America. They have to eat Burgess Hastings (WA) Miller, Gary 50 seconds remaining. those huge rate increases or not. We Burton (IN) Heller Moran (KS) Calvert Hensarling Murphy, Tim Mr. DEFAZIO. I yield to the gen- can take a meaningful step here today Camp Herger Myrick tleman from New York. to bring down the cost of health insur- Campbell Hunter Neugebauer Mr. WEINER. I thank you very much. ance for all Americans. The Consumer Cantor Inglis Nunes But the point is very simple. There are Federation of America says this will Capito Issa Olson Carter Jenkins Paul inequities in the present way we dis- save consumers $10 billion next year, Cassidy Johnson (IL) Paulsen tribute insurance, the way we dis- and they say that’s nothing. Well, say Castle Johnson, Sam Pence tribute health care. There are winners, that to your consumers at home if you Chaffetz Jordan (OH) Petri Coble Kilroy Platts and there are losers. The winners are vote against this bill. Coffman (CO) King (IA) Poe (TX) the insurance industry. And our efforts Creating these loopholes undermines Cole King (NY) Posey to reel in the insurance profits, not the entire effort here today. We do not Conaway Kingston Price (GA) just because they shouldn’t make prof- need these loopholes. We need this in- Crenshaw Kirk Putnam Culberson Kline (MN) Rehberg its—they’re doing what they’re sup- dustry to play by the same rules as Deal (GA) Lamborn Roe (TN) posed to. But what they’re doing is every other industry in America. Dent Lance Rogers (AL)

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H790 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Rogers (KY) Shimkus Tiahrt NOT VOTING—13 Gutierrez Massa Roybal-Allard Rogers (MI) Shuster Tiberi Hall (NY) Matheson Royce Barrett (SC) Hoekstra Schock Rohrabacher Simpson Turner Hall (TX) Matsui Ruppersberger Blunt Maloney Stark Rooney Smith (NE) Upton Halvorson McCarthy (CA) Rush Buyer Pitts Wilson (SC) Ros-Lehtinen Smith (NJ) Hare McCarthy (NY) Walden Davis (KY) Radanovich Ryan (OH) Roskam Smith (TX) Wamp Dingell Reichert Harman McCaul Salazar Royce Souder Westmoreland Harper McClintock Sa´ nchez, Linda Ryan (WI) Stearns Whitfield b 1545 Hastings (FL) McCollum T. Scalise Sullivan Wittman Hastings (WA) McCotter Sanchez, Loretta Schmidt Teague Wolf Ms. ESHOO, Messrs. BERRY, BOS- Heinrich McDermott Sarbanes Sensenbrenner Terry Young (AK) Heller McGovern Scalise Sessions Thompson (PA) WELL, GONZALEZ, BUTTERFIELD, Young (FL) Hensarling McHenry Schakowsky Shadegg Thornberry Ms. BERKLEY, Messrs. CLEAVER, Herger McIntyre Schauer GEORGE MILLER of California, Herseth Sandlin McKeon NAYS—249 Schiff ORTIZ, WALZ, GUTIERREZ, Ms. Higgins McMahon Schmidt Abercrombie Green, Gene Napolitano VELA´ ZQUEZ, Ms. ROYBAL-ALLARD, Hill McMorris Schock Ackerman Grijalva Neal (MA) Himes Rodgers Schrader Mr. CROWLEY, Ms. SUTTON, and Mr. McNerney Altmire Gutierrez Nye Hinchey Schwartz CHILDERS changed their vote from Hinojosa Meek (FL) Andrews Hall (NY) Oberstar Scott (GA) Hirono Meeks (NY) Arcuri Halvorson Obey ‘‘yea’’ to ‘‘nay.’’ Scott (VA) Hodes Melancon Baca Hare Olver Messrs. GINGREY of Georgia and Serrano Baird Holden Mica Harman Ortiz Sessions Baldwin Hastings (FL) Owens COLE changed their vote from ‘‘nay’’ Holt Michaud Sestak Barrow Heinrich Pallone to ‘‘yea.’’ Honda Miller (FL) Shadegg Bean Herseth Sandlin Pascrell Hoyer Miller (MI) So the motion to motion to recom- Shea-Porter Becerra Higgins Pastor (AZ) mit was rejected. Hunter Miller (NC) Berkley Hill Payne Inglis Miller, Gary Sherman Berman Himes Perlmutter The result of the vote was announced Inslee Miller, George Shimkus Berry Hinchey Perriello as above recorded. Israel Minnick Shuler Bishop (GA) Hinojosa Peters The SPEAKER pro tempore. The Issa Mitchell Shuster Simpson Bishop (NY) Hirono Peterson question is on the passage of the bill. Jackson (IL) Mollohan Blumenauer Hodes Pingree (ME) Jackson Lee Moore (KS) Sires Boccieri Holden Polis (CO) The question was taken; and the (TX) Moore (WI) Skelton Boren Holt Pomeroy Speaker pro tempore announced that Johnson (GA) Moran (VA) Slaughter Boswell Honda Price (NC) the ayes appeared to have it. Johnson (IL) Murphy (CT) Smith (NE) Boucher Hoyer Quigley Mr. SMITH of Texas. Mr. Speaker, on Johnson, E. B. Murphy (NY) Smith (NJ) Boyd Inslee Rahall Johnson, Sam Murphy, Patrick Smith (TX) Brady (PA) Israel Rangel that I demand the yeas and nays. Jones Murphy, Tim Smith (WA) Braley (IA) Jackson (IL) Reyes The yeas and nays were ordered. Kagen Myrick Snyder Brown, Corrine Jackson Lee Richardson The SPEAKER pro tempore. This Kanjorski Nadler (NY) Souder Butterfield (TX) Rodriguez Kaptur Napolitano Space Cao Johnson (GA) Ross will be a 5-minute vote. Kennedy Neal (MA) Speier Capps Johnson, E. B. Rothman (NJ) The vote was taken by electronic de- Kildee Neugebauer Spratt Capuano Jones Roybal-Allard vice, and there were—yeas 406, nays 19, Kilpatrick (MI) Nunes Stearns Cardoza Kagen Ruppersberger Kilroy Nye Carnahan Kanjorski Rush not voting 8, as follows: Stupak Kind Oberstar Carney Kaptur Ryan (OH) Sullivan [Roll No. 64] King (NY) Obey Carson (IN) Kennedy Salazar Sutton Castor (FL) Kildee Sa´ nchez, Linda YEAS—406 Kingston Olson Tanner Chandler Kilpatrick (MI) T. Abercrombie Calvert DeLauro Kirk Olver Taylor Childers Kind Sanchez, Loretta Ackerman Camp Dent Kirkpatrick (AZ) Ortiz Teague Chu Kirkpatrick (AZ) Sarbanes Aderholt Campbell Diaz-Balart, L. Kissell Owens Terry Clarke Kissell Schakowsky Adler (NJ) Cantor Diaz-Balart, M. Klein (FL) Pallone Thompson (CA) Clay Klein (FL) Schauer Alexander Cao Dicks Kline (MN) Pascrell Thompson (MS) Cleaver Kosmas Schiff Altmire Capito Doggett Kosmas Pastor (AZ) Thompson (PA) Clyburn Kratovil Schrader Andrews Capps Donnelly (IN) Kratovil Paulsen Thornberry Cohen Kucinich Schwartz Arcuri Capuano Doyle Kucinich Payne Tiberi Connolly (VA) Langevin Scott (GA) Austria Cardoza Dreier Lance Pelosi Tierney Conyers Larsen (WA) Scott (VA) Baca Carnahan Driehaus Langevin Pence Titus Cooper Larson (CT) Serrano Bachmann Carney Duncan Larsen (WA) Perlmutter Tonko Costa Lee (CA) Sestak Bachus Carson (IN) Edwards (MD) Larson (CT) Perriello Towns Costello Levin Shea-Porter Baird Carter Edwards (TX) Latham Peters Tsongas Courtney Lewis (GA) Sherman Baldwin Cassidy Ehlers LaTourette Peterson Turner Crowley Lipinski Shuler Barrow Castle Ellison Latta Petri Upton Cuellar Loebsack Sires Bartlett Castor (FL) Ellsworth Lee (CA) Pingree (ME) Van Hollen Cummings Lofgren, Zoe Skelton Barton (TX) Chaffetz Emerson Lee (NY) Platts Vela´ zquez Dahlkemper Lowey Slaughter Bean Chandler Engel Levin Poe (TX) Visclosky Davis (AL) Luja´ n Smith (WA) Becerra Childers Eshoo Lewis (CA) Polis (CO) Walden Davis (CA) Lynch Snyder Berkley Chu Etheridge Lewis (GA) Pomeroy Walz Davis (IL) Maffei Space Berman Clarke Fallin Lipinski Posey Wamp Davis (TN) Markey (CO) Speier Berry Clay Farr LoBiondo Price (NC) Wasserman DeFazio Markey (MA) Spratt Biggert Cleaver Fattah Loebsack Putnam Schultz DeGette Massa Stupak Bilbray Clyburn Filner Lofgren, Zoe Quigley Waters Delahunt Matheson Sutton Bilirakis Coble Flake Lowey Rahall DeLauro Matsui Tanner Bishop (GA) Coffman (CO) Fleming Lucas Rangel Watson Dicks McCarthy (NY) Taylor Bishop (NY) Cohen Forbes Luetkemeyer Rehberg Watt Doggett McClintock Thompson (CA) Bishop (UT) Cole Fortenberry Luja´ n Reyes Waxman Donnelly (IN) McCollum Thompson (MS) Blackburn Conaway Foster Lummis Richardson Weiner Doyle McDermott Tierney Blumenauer Connolly (VA) Foxx Lungren, Daniel Rodriguez Welch Driehaus McGovern Titus Boccieri Conyers Frank (MA) E. Roe (TN) Whitfield Edwards (MD) McIntyre Tonko Bonner Cooper Frelinghuysen Lynch Rogers (AL) Wilson (OH) Edwards (TX) McMahon Towns Bono Mack Costa Fudge Mack Rogers (KY) Wilson (SC) Ellison McNerney Tsongas Boozman Costello Gallegly Maffei Rogers (MI) Wittman Ellsworth Meek (FL) Van Hollen Boren Courtney Garamendi Maloney Rohrabacher Wolf Engel Meeks (NY) Vela´ zquez Boswell Crenshaw Gerlach Manzullo Rooney Woolsey Eshoo Melancon Visclosky Boucher Crowley Giffords Marchant Ros-Lehtinen Wu Etheridge Michaud Walz Boustany Cuellar Gingrey (GA) Markey (CO) Roskam Yarmuth Farr Miller (NC) Wasserman Boyd Culberson Gohmert Markey (MA) Ross Young (AK) Fattah Miller, George Schultz Brady (PA) Cummings Gonzalez Marshall Rothman (NJ) Young (FL) Filner Minnick Waters Braley (IA) Dahlkemper Goodlatte Foster Mitchell Watson Bright Davis (AL) Gordon (TN) NAYS—19 Frank (MA) Mollohan Watt Brown (SC) Davis (CA) Granger Fudge Moore (KS) Waxman Brown, Corrine Davis (IL) Graves Akin Jenkins Price (GA) Garamendi Moore (WI) Weiner Brown-Waite, Davis (KY) Grayson Boehner Jordan (OH) Ryan (WI) Giffords Moran (VA) Welch Ginny Davis (TN) Green, Al Brady (TX) King (IA) Sensenbrenner Gonzalez Murphy (CT) Wilson (OH) Buchanan Deal (GA) Green, Gene Broun (GA) Lamborn Tiahrt Gordon (TN) Murphy (NY) Woolsey Burgess DeFazio Griffith Buyer Linder Westmoreland Grayson Murphy, Patrick Wu Burton (IN) DeGette Grijalva Franks (AZ) Moran (KS) Green, Al Nadler (NY) Yarmuth Butterfield Delahunt Guthrie Garrett (NJ) Paul

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H791 NOT VOTING—8 Garrett (NJ) Lummis Rooney NOT VOTING—13 Gerlach Lungren, Daniel Ros-Lehtinen Barrett (SC) Hoekstra Reichert Barrett (SC) Dingell Radanovich Giffords E. Roskam Blunt Pitts Stark Blunt Hoekstra Reichert Gingrey (GA) Lynch Ross Dingell Radanovich Cardoza Linder Stark Mack Gohmert Rothman (NJ) Culberson Miller, George ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gonzalez Maffei Roybal-Allard Davis (AL) Pitts The SPEAKER pro tempore (during Goodlatte Maloney Royce Gordon (TN) Manzullo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the vote). There are 2 minutes remain- Ruppersberger Granger Marchant Rush The SPEAKER pro tempore (during ing in the vote. Graves Markey (CO) Ryan (OH) the vote). There are 2 minutes remain- Grayson Markey (MA) Ryan (WI) ing on this vote. b 1555 Green, Al Marshall Salazar So the bill was passed. Green, Gene Massa Sa´ nchez, Linda b 1605 Griffith Matheson T. The result of the vote was announced Grijalva Matsui Sanchez, Loretta So (two-thirds being in the affirma- as above recorded. Guthrie McCarthy (CA) Sarbanes tive) the rules were suspended and the A motion to reconsider was laid on Gutierrez McCarthy (NY) Scalise resolution was agreed to. the table. Hall (NY) McCaul Schakowsky The result of the vote was announced Hall (TX) McClintock Schauer McCollum as above recorded. f Halvorson Schiff A motion to reconsider was laid on Hare McCotter Schmidt HONORING THE CONTRIBUTIONS Harman McDermott Schock the table. OF AFRICAN AMERICANS TO THE Harper McGovern Schrader f Hastings (FL) McHenry Schwartz TRANSPORTATION AND INFRA- Hastings (WA) McIntyre ANNOUNCEMENT BY THE SPEAKER STRUCTURE OF THE UNITED Scott (GA) Heinrich McKeon Scott (VA) PRO TEMPORE STATES Heller McMahon Sensenbrenner The SPEAKER pro tempore (Mr. Hensarling McMorris Serrano The SPEAKER pro tempore. The un- Rodgers Herger Sessions MCMAHON). Pursuant to clause 8 of rule McNerney finished business is the vote on the mo- Herseth Sandlin Sestak XX, the Chair will postpone further Meek (FL) tion to suspend the rules and agree to Higgins Shadegg proceedings today on motions to sus- Meeks (NY) the resolution, H. Res. 1085, on which Hill Shea-Porter Melancon pend the rules on which a recorded vote Himes Sherman the yeas and nays were ordered. Mica or the yeas and nays are ordered, or on Hinchey Shimkus The Clerk read the title of the resolu- Hinojosa Michaud Shuler which the vote incurs objection under Hirono Miller (FL) tion. Shuster clause 6 of rule XX. Hodes Miller (MI) The SPEAKER pro tempore. The Simpson Record votes on postponed questions Holden Miller (NC) question is on the motion offered by Sires will be taken later. Holt Miller, Gary Skelton the gentlewoman from Florida (Ms. Honda Minnick f Slaughter CORRINE BROWN) that the House sus- Hoyer Mitchell Smith (NE) Hunter Mollohan RECOGNIZING THE DIFFICULT pend the rules and agree to the resolu- Smith (NJ) Inglis Moore (KS) CHALLENGES AND HEROISM OF tion, H. Res. 1085. Smith (TX) Inslee Moore (WI) Smith (WA) BLACK VETERANS This will be a 5-minute vote. Israel Moran (KS) Snyder The vote was taken by electronic de- Issa Moran (VA) Mr. FILNER. Mr. Speaker, I move to Souder Jackson (IL) Murphy (CT) suspend the rules and agree to the con- vice, and there were—yeas 419, nays 0, Space Jackson Lee Murphy (NY) current resolution (H. Con. Res. 238) not voting 13, as follows: Speier (TX) Murphy, Patrick recognizing the difficult challenges [Roll No. 65] Spratt Jenkins Murphy, Tim Black veterans faced when returning YEAS—419 Johnson (GA) Myrick Stearns Johnson (IL) Nadler (NY) Stupak home after serving in the Armed Abercrombie Brown (SC) Cummings Johnson, E. B. Napolitano Sullivan Forces, their heroic military sacrifices, Ackerman Brown, Corrine Dahlkemper Johnson, Sam Neal (MA) Sutton Aderholt Brown-Waite, Davis (CA) and their patriotism in fighting for Jones Neugebauer Tanner Adler (NJ) Ginny Davis (IL) equal rights and for the dignity of a Nunes Taylor Akin Buchanan Davis (KY) Jordan (OH) Kagen Nye Teague people and a Nation. Alexander Burgess Davis (TN) Terry The Clerk read the title of the con- Altmire Burton (IN) Deal (GA) Kanjorski Oberstar Thompson (CA) Andrews Butterfield DeFazio Kaptur Obey current resolution. Thompson (MS) Arcuri Buyer DeGette Kennedy Olson The text of the concurrent resolution Thompson (PA) Austria Calvert Delahunt Kildee Olver is as follows: Baca Camp DeLauro Kilpatrick (MI) Ortiz Thornberry H. CON. RES. 238 Bachmann Campbell Dent Kilroy Owens Tiahrt Bachus Cantor Diaz-Balart, L. Kind Pallone Tiberi Whereas there has been no war fought by Baird Cao Diaz-Balart, M. King (IA) Pascrell Tierney or within the United States in which Blacks Baldwin Capito Dicks King (NY) Pastor (AZ) Titus did not participate, including the Revolu- Barrow Capps Doggett Kingston Paul Tonko tionary War, the Civil War, the War of 1812, Towns Bartlett Capuano Donnelly (IN) Kirk Paulsen the Spanish American War, World Wars I and Barton (TX) Carnahan Doyle Kirkpatrick (AZ) Payne Tsongas Bean Carney Dreier Turner II, the Korean War, the Vietnam War, the Kissell Pence Gulf War, Operation Enduring Freedom, and Becerra Carson (IN) Driehaus Klein (FL) Perlmutter Upton Berkley Carter Duncan Kline (MN) Perriello Van Hollen Operation Iraqi Freedom; Berman Cassidy Edwards (MD) Kosmas Peters Vela´ zquez Whereas Frederick Douglass voiced his Berry Castle Edwards (TX) Kratovil Peterson Visclosky opinion in one of his autobiographies, ‘‘Life Biggert Castor (FL) Ehlers Kucinich Petri Walden and Times of Frederick Douglass’’, writing, Bilbray Chaffetz Ellison Lamborn Pingree (ME) Walz ‘‘I . . . urged every man who could, to enlist; Bilirakis Chandler Ellsworth Lance Platts Wamp Bishop (GA) Childers Emerson to get an eagle on his button, a musket on Langevin Poe (TX) Wasserman Bishop (NY) Chu Engel his shoulder, the star-spangled banner over Larsen (WA) Polis (CO) Schultz Bishop (UT) Clarke Eshoo his head,’’ later remarking that ‘‘there is no Larson (CT) Pomeroy Waters Blackburn Clay Etheridge power on Earth which can deny that he has Latham Posey Watson Blumenauer Cleaver Fallin Watt earned the right to citizenship in the United Boccieri Clyburn Farr LaTourette Price (GA) Waxman States.’’; Boehner Coble Fattah Latta Price (NC) Weiner Whereas during the Civil War, Black sol- Bonner Coffman (CO) Filner Lee (CA) Putnam Welch Bono Mack Cohen Flake Lee (NY) Quigley diers, commonly referred to as the United Boozman Cole Fleming Levin Rahall Westmoreland States Colored Troops, were treated as sec- Boren Conaway Forbes Lewis (CA) Rangel Whitfield ond-class citizens, the health care and hos- Boswell Connolly (VA) Fortenberry Lewis (GA) Rehberg Wilson (OH) pitals available to them were substandard, Boucher Conyers Foster Lipinski Reyes Wilson (SC) and they often died from neglect of services Boustany Cooper Foxx LoBiondo Richardson Wittman that was supposed to be administered by Loebsack Rodriguez Wolf Boyd Costa Frank (MA) medical personnel; Brady (PA) Costello Franks (AZ) Lofgren, Zoe Roe (TN) Woolsey Brady (TX) Courtney Frelinghuysen Lowey Rogers (AL) Wu Whereas Dr. W.E.B. DuBois and William Braley (IA) Crenshaw Fudge Lucas Rogers (KY) Yarmuth Monroe Trotter, members of the first genera- Bright Crowley Gallegly Luetkemeyer Rogers (MI) Young (AK) tion of freedom’s children, founded the Niag- Broun (GA) Cuellar Garamendi Luja´ n Rohrabacher Young (FL) ara Movement in 1905;

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H792 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Whereas in his book, ‘‘Black Reconstruc- Whereas Oliver L. Brown, a World War II recognizes the fundamental role that tion in America’’, published in 1935, DuBois Army veteran from Kansas, and Harry those veterans played in the evolution wrote that ‘‘[n]othing else made Negro citi- Briggs, a World War II sailor from South of the civil rights movement. It recog- zenship conceivable, but the record of the Carolina, were the fathers of two of the five nizes, also, the difficult challenges that named plaintiffs in Brown v. Board of Edu- Negro soldier as a fighter.’’; black veterans face when returning Whereas the 369th Infantry, known as the cation of Topeka and Briggs v. Elliott, the Harlem Hell-fighters, fought the Germans historic school desegregation cases of 1954; home after serving in the Armed during World War I as part of the French Whereas the Black heroes and heroines of Forces and encourages the Department Army and served the longest stretch in com- World War II and the Korean War, such as of Veterans Affairs to continue work- bat—191 days without replacement—without Private Sarah Keys and Women’s Army ing to eliminate any health and benefit losing a foot of ground or a man as prisoner; Corps (WAC) officer Dovey Roundtree, won disparities for minority veterans. I Whereas at the end of the service of the significant victories against discrimination note that this resolution derived from 369th Infantry, the entire regiment received in interstate transportation in landmark a similar unabridged resolution ap- the Croix de Guerre, which was France’s civil rights cases, including Keys v. Carolina proved by the NAACP during its cen- highest military honor, from a grateful Coach Company, which was decided in 1955, six days before Rosa Parks’ historic protest tennial convention in July of 2009, French nation; which I had the privilege to attend and Whereas Alain Locke, the first black of Alabama’s Jim Crow laws in Montgomery; Rhodes Scholar, wrote in 1925 about a ‘‘New Whereas in his address at Riverside Church participate. Negro’’ who had returned from battle with a on April 4, 1967, Dr. Martin Luther King, Jr., This resolution represents a small bold new spirit that helped spark a new commented on the irony of Blacks fighting token of gratitude that Congress can mood in the Black community; in Vietnam to guarantee liberties in South- provide for these veterans who have Whereas in 1917, Charles Hamilton Houston east Asia while not enjoying the same rights sacrificed so much for our country, encountered racism after entering World at home; often in the face of tremendous chal- War I as a commissioned first lieutenant in Whereas Black veterans who were in the lenges, and serves also as a reminder the segregated 17th Provisional Training forefront of the leadership of the Civil Rights that we have a long way to go. Regiment, later writing that ‘‘I made up my Movement, with their strong resolve to ad- I will yield for as much time as he dress the paradox of military service abroad mind that if I got through this war I would may consume to Mr. KISSELL of North study law and use my time fighting for men and the denial of basic rights at home, brought deeper meaning to the word ‘‘democ- Carolina. who could not strike back.’’; Mr. KISSELL. Thank you, Mr. Chair- Whereas Dorie Miller, a messman attend- racy’’, and through their example, trans- ant in the Navy, was catapulted to national formed the face of the United States; man. hero status and an icon to generations, after Whereas the Black veterans of the Nation’s Mr. Speaker, I also rise in full sup- displaying heroism on board the USS West wars sowed the seeds for today’s bountiful port of House Concurrent Resolution Virginia during the Japanese attack on harvest through the Niagara Movement, the 238. I would like to thank Chairman Pearl Harbor on December 7, 1941; NAACP, and the latter-day Civil Rights FILNER and Representative BROWN and Whereas before becoming a famous base- Movement, all of which share a common an- others that made this bill possible. ball player, Jackie Robinson was court- cestry in the Civil War, without which there As a son of a World War II veteran martialed in the Army for refusing to sit in would be no Civil Rights Movement and no and coming from a part of North Caro- the back of the bus in 1944, and when he was equal rights for all Americans; and Whereas today, Black veterans suffer at a lina that has a high proportion of vet- later acquitted, he wrote that ‘‘[i]t was a erans and as a student of history, we small victory, for I had learned that I was in disproportionate rate from chronic illnesses two wars, one against the foreign enemy, the and homelessness and are plagued by health take full honor and pride in any oppor- other against prejudice at home.’’; disparities: Now, therefore, be it tunity to talk about our veterans and Whereas the famed Tuskegee Airmen, a Resolved by the House of Representatives (the what they’ve done for our Nation group of Black pilots, flew with distinction Senate concurring), That Congress recog- throughout history. It is with great during World War II under the command of nizes— pride that, during this Black History Captain Benjamin O. Davis, Jr., the highly (1) the difficult challenges Black veterans Month, we have the opportunity to rec- decorated officer who served for more than 35 faced when returning home after serving in the Armed Forces, their heroic military sac- ognize the contributions of African years and became the first Black general in American veterans and what they have the Air Force; rifices, and their patriotism in fighting for equal rights and for the dignity of a people done for our Nation. Whereas during World War II, the 6888 Throughout history, they have an- (known as the ‘‘Six Triple Eights’’), the first and a Nation; and all-woman Black Postal Battalion who (2) the need for the Department of Vet- swered the call, from the Revolu- served in England and then France, were erans Affairs to continue to work to elimi- tionary War on. African Americans given the daunting task of clearing out a nate any health and benefit disparities for have fought for this Nation often as two-year backlog of over 90,000 pieces of our Nation’s minority veterans. second-class citizens and often coming mail, succeeded in their mission, completed The SPEAKER pro tempore. Pursu- home as veterans and not enjoying the it in three months, and went on to make a ant to the rule, the gentleman from full benefits and the rights of our Na- positive impact on racial integration in the California (Mr. FILNER) and the gen- tion. Throughout the years, African military; tleman from Louisiana (Mr. CAO) each Americans have answered the call of Whereas during World War II, the Army’s will control 20 minutes. Frederick Douglass, who said, every 92nd Infantry Division, better known as the The Chair recognizes the gentleman ‘‘Buffalo Soldiers’’, which traces its direct man that could to enlist, to get an lineage back to the 9th and 10th Cavalry from California. eagle on their button, a musket on units from 1866 to the early 1890s, was the Mr. FILNER. Mr. Speaker, I yield their shoulder, and a star-spangled only Black segregated unit to experience myself such time as I may consume. banner over their head. combat during the Italian campaign of 1944– I rise in support of House Concurrent Throughout the years, we have seen 45 with several members later earning Med- Resolution 238, the critical and essen- great heroic acts from African Ameri- als of Honor for bravery; tial role of black veterans in the civil cans, whether individually or as part of Whereas Reverend Benjamin Hooks, who rights movement, sponsored by the a unit. And to recognize some of these served in the 92nd Division, found himself in gentleman from North Carolina (Mr. today, I would like to bring forth the the humiliating position of guarding Italian KISSELL). I want to thank my col- prisoners of war who were allowed to eat in 369th Infantry, the Harlem restaurants that were off-limits to him; leagues in the House and especially on Hellfighters, who, during World War I, Whereas even after President Truman the Committee on Veterans’ Affairs, went to Europe and were loaned to the issued Executive Order 9981 desegregating Ms. CORRINE BROWN from Florida par- French to fight with them. They the military on July 26, 1948, discrimination ticularly, for being original cosponsors fought for 191 straight days without re- continued; and bringing this to the House floor as placements, without giving up any Whereas in 1946, when Charles and Medgar quickly as we did. I want to also recog- grounds, and without losing any of Evers tried to register to vote, they were nize the National Association for Black their members as prisoners. The turned away at the polling station; Veterans, the NAACP, and other civil French so appreciated the 369th, they Whereas after serving overseas in the Army, Charles and Medgar Evers returned rights organizations for their contin- gave them the Croix de Guerre, the home to Mississippi where, in 1952, they ued hard work to ensure equality of highest honor the French can give any began to organize voter registration drives rights for all persons. unit of the military. for the National Association for the Ad- The proposed resolution honors the Individuals such as Dorie Miller, who vancement of Colored People (NAACP); heroic sacrifices of black veterans and won great fame while he worked in the

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H793 mess in the Battleship West Virginia, been in the VA system for too long. It the Black Veterans of America, who on December 7, 1941, he rose to the calls upon the VA to always try to has brought us this resolution. We decks and he fought back in the great make sure that the inequities in terms thank him for all of his work on behalf epic battle of Pearl Harbor and became of benefits and in terms of how ill- of equality for all Americans. a national hero. nesses are treated are ironed out and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Jackie Robinson. He fought for his are made equal as we move forward. The SPEAKER pro tempore (Mr. Nation and he fought against the seg- Mr. CAO. I yield myself such time as GARAMENDI). Members are reminded regation of the military long before he I may consume. not to refer to people in the gallery. took on the battle of integrating pro- Mr. Speaker, I rise in support of Mr. FILNER. This resolution recog- fessional baseball. House Concurrent Resolution 238, a res- nizes the soldiers and patriots who had The famous Tuskegee Airmen, led by olution in honor of black veterans— to fight in both types of wars, and it Captain Benjamin Davis, the Tuskegee their patriotism and their heroic mili- helps to memorialize and to serve as a Airmen, who fought in the airplane tary service and sacrifices on behalf of testament to their great spirit and de- designated the P–51, the Mustang. They our Nation. termination. had the famous red tail. The red tails It is appropriate in this last week of We’ve heard about Jackie Robinson, became famous in the air over Europe Black History Month that we honor but as a member of the Army before be- during World War II. Our bomber crews and recognize the contributions of coming the famous baseball player who always looked for the red tails, because black Americans who fought in the broke the color barrier, he once sug- there was not a single bomber lost to Armed Forces for our Nation’s freedom gested that he was in two wars—one enemy fighters while the red tails were from the time of the American Revolu- against the foreign enemy, the other protecting them. tion through today’s fighting force. against prejudice at home. In the 92d Infantry, the only all- This resolution only lists a few of the Charles Hamilton Houston, who black infantry to fight in Italy, many countless deeds and individuals who served as a commissioned 1st lieuten- members of which won the Congres- fought for freedom despite racial preju- ant in the 17th Provisional Training sional Medal of Honor, a military unit dices they faced during their service Regiment during World War I, boldly that was the direct descendant of the and following their return from com- stated after encountering racism, ‘‘I Buffalo Soldiers of the 9th and 10th bat. made up my mind that if I got through Cavalry that was active from 1866 into Clearly, these brave warriors’ love this war I would study law and use my the early 1890s. for our Nation is rooted in the love of time fighting for men who could not But all too often these veterans, once freedom itself. They fought to help the strike back.’’ As we know, he became a again, had to come home and be treat- United States of America become and famed civil rights lawyer and was the ed as second-class citizens. Even after remain that which our Founding Fa- chief legal strategist behind Brown v. Harry Truman issued the Executive thers envisioned—the shining city on Board of Education. order to integrate the military, it was the hill and the beacon of freedom and In seeing this paradox of fighting for not until many years that we saw eq- hope for all people. the promise of liberty and freedom uity even begin to be approached. I would like to thank the sponsor of abroad and experiencing the denial of this legislation, Mr. KISSELL of North basic rights at home, black veterans b 1615 Carolina, as well as Chairman FILNER, were often in the forefront of the lead- So many of these veterans came Ranking Member BUYER, and Ms. ership of the civil rights movement. home and took prominent roles in the BROWN for their work in bringing this For instance, Civil War veterans later civil rights movement, and it meant so legislation to the floor so quickly. became champions for equal pay in the much to their communities and to this African Americans have contributed military, and many World War II and Nation as we move forward. greatly to our Nation and also to the Korean war veterans came home and Mr. Speaker, so often as we look at State of Louisiana, in particular, for organized voter registration drives. the big picture of our legislation and of centuries by defending our freedoms in Mr. Speaker, by their heroic deeds, our resolutions, we always know that the Armed Forces, even at a time when black Americans brought deeper mean- it comes back to individuals. I would they, themselves, were not free. Had it ing to the word ‘‘democracy.’’ Their ex- like to take a moment of personal not been for the service of African emplary actions and activism on behalf privilege to talk about a family from Americans in 1814–1815 in the Battle of of civil rights emboldened many others my hometown in Biscoe, North Caro- New Orleans, which was really the bat- to participate in the NAACP, in the lina. It is a family with a mother who tle for New Orleans from British con- Southern Christian Leadership Con- was a lady extraordinaire, Ms. Kagel, trol, the United States would not have ference, and in other civil rights orga- with many sons and daughters and the New Orleans we know and love nizations and activities. Ultimately, of grandsons and granddaughters who today. course, they transformed the face of contributed so much to our community Today, there are more military vet- democracy in America. and still do. She had four sons who erans who are African American than Even though we have made great served our Nation—Pete, Jimmy, Lee, any other minority group. I am proud progress, black Americans, who were and Dan—who are my friends. to represent Orleans and Jefferson Par- once denied the right to serve side by Jimmy and I are members of the ishes, which have large populations of side in battle with other Americans, same church. African American veterans and mem- have achieved some of the highest Let me talk about Dan for just a sec- bers of the Armed Forces. ranks in our military and government: ond. He is a veteran of the Korean war. Mr. Speaker, I urge all of my col- Benjamin O. Davis, Sr., the first black He was in the Air Force, and he worked leagues to support House Concurrent general in the Army; Benjamin O. at the school that I attended when I Resolution 238. Davis, Jr., the first black four-star gen- was in elementary school. He had the I yield back the balance of my time. eral in the Air Force, who led the patience to answer many questions Mr. FILNER. I thank the gentleman Tuskegee Airmen during World War II; from my friends and me about his serv- from North Carolina for his personal and General Colin Powell, the first ice. While I grew to know Dan as a story. black Joint Chief of Staff. These men friend, as a man, and as many things, I Mr. Speaker, we have heard that are just to name a few. thought of him, first and foremost, as a black citizens of our country have Unfortunately today, Mr. Speaker, veteran because he represented, as we made incredible sacrifices for our Na- black veterans are more likely to be are honoring here today, the African tion. Yet, even with those sacrifices, homeless, are more likely to receive Americans who went and served our many black veterans face tremendous less than honorable discharges, and are Nation and who then came back and challenges in the fight for civil lib- more likely to suffer from disparities served our communities. erties both at home and while they are in treatment and access for many This resolution recognizes the ac- serving. chronic illnesses, such as hypertension, complishments of these veterans. It I want to recognize, Mr. Speaker, be- kidney dysfunction, respiratory dis- also recognizes the inequities that have cause he is in the gallery, Joe Wynn of ease, substance abuse, diabetes, cancer,

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H794 CONGRESSIONAL RECORD — HOUSE February 24, 2010 as well as post-traumatic stress dis- Mrs. Greene has touched thousands Holguin province, said Roca, a former fighter order. of lives in good and positive ways pilot and son of a legendary communist lead- So I wholeheartedly urge the passage through her years as a teacher and er who served nearly five years in prison of this resolution in the hope that we through her work in the community. himself for his opposition political beliefs. Word of Zapata Tamayo’s death was first will not only recognize those who She has helped countless numbers, reported on Cuban exile radio stations in blazed the trail for us but that we will young and old, but her special love is southern Florida, which broadcast an inter- increase awareness of the need to con- her children, both the hundreds she view with his mother, Reina Luisa Tamayo. tinue the advancement of civil rights taught and the thousands who have at- Rep. Lincoln Diaz-Balart, a Republican and liberties for all Americans. tended the Sarah Moore Greene Ele- from Florida—and the nephew of Fidel Cas- I urge the VA specifically to recog- mentary School. tro’s ex-wife, Mirta Diaz-Balart—said on the nize the unique struggle of many mi- Mr. Speaker, this Nation is a better floor of the U.S. Congress on Tuesday that the dissident’s ‘‘condition and fate are the nority veterans and to, accordingly, place today because of my friend Sarah ensure that they receive all of the ben- Castro brothers’ doing.’’ Moore Greene, a great American. Hours later, as news of Zapata Tamayo’s efits and care that they have earned f death spread, the congressman issued a sec- and that they deserve. Passing this res- ond statement declaring that his ‘‘murder by olution is the least we can do for these SORROW AND OUTRAGE AT THE the tyrant Fidel Castro and his cowardly veterans who have done so much for DEATH OF CUBAN DISSIDENT jailers will never be forgotten.’’ our country. ORLANDO ZAPATA TAMAYO U.S. Sen. Bill Nelson, of Florida, said in I urge the passage of this legislation. his own statement that ‘‘freedom-loving peo- (Mr. MCGOVERN asked and was ple everywhere should hold the Cuban regime GENERAL LEAVE given permission to address the House Mr. FILNER. Mr. Speaker, I ask responsible for the fate of Orlando Zapata for 1 minute and to revise and extend Tamayo.’’ unanimous consent that all Members his remarks.) ‘‘His reported death today is a sad re- may have 5 legislative days in which to Mr. MCGOVERN. Mr. Speaker, I want minder of the tragic cost of oppression and a revise and extend their remarks. to express my deepest sorrow and out- dictatorship that devalues human life,’’ Nel- The SPEAKER pro tempore. Is there rage at the death of Cuban dissident son said. objection to the request of the gen- Democratic U.S. Rep. Kendrick Meek, also Orlando Zapata Tamayo. Imprisoned tleman from California? of Florida, noted that Amnesty Inter- There was no objection. since 2003, he had been on a hunger national declared Zapata Tamayo a ‘‘pris- Mr. FILNER. Mr. Speaker, I yield strike for several weeks. He first heard oner of conscience’’ in 2003. back the balance of my time. he was seriously ill last week, and yes- ‘‘The Cuban government’s stunning lack of The SPEAKER pro tempore. The terday, he died at the prison clinic. respect for human rights was highlighted by Zapata Tamayo paid the ultimate Orlando as much in his life as in his death,’’ question is on the motion offered by Meek said in a statement. the gentleman from California (Mr. sacrifice for his commitment to chang- f FILNER) that the House suspend the ing Cuba’s system. He commands our rules and agree to the concurrent reso- respect. No one has starved himself to EMPOWERMENT lution, H. Con. Res. 238. death in a Cuban prison in over 40 (Mr. NEUGEBAUER asked and was The question was taken. years. Surely, the Cuban Government given permission to address the House The SPEAKER pro tempore. In the could have and should have intervened for 1 minute and to revise and extend opinion of the Chair, two-thirds being earlier to have prevented this tragedy. his remarks.) in the affirmative, the ayes have it. His death is on their conscience. Mr. NEUGEBAUER. Mr. Speaker, Mr. FILNER. Mr. Speaker, on that I I have always felt and continue to be- just last week, I was traveling across demand the yeas and nays. lieve that, if we are truly going to do a my district to ask the people in the The yeas and nays were ordered. better job of standing with the Cuban The SPEAKER pro tempore. Pursu- 19th Congressional District, How do we people, then we need to be closer to move America away from this entitle- ant to clause 8 of rule XX and the them and in greater numbers. We need Chair’s prior announcement, further ment mode, which we seem to be mov- to travel freely to the island to meet ing toward, and back to an empower- proceedings on this motion will be and to learn from them and they from postponed. ment mode so we can create jobs? us. I hope that day comes soon so we With 9.2 percent of the American peo- f can tell all of the Cuban people that we ple unemployed, people want to know HONORING THE LIFE OF SARAH remember the sacrifice of Orlando Za- what we are going to do about jobs. MOORE GREENE ON HER 100TH pata Tamayo. What they do know is that the govern- BIRTHDAY [From the Washington Post] ment can’t continue what it has been (Mr. DUNCAN asked and was given ACTIVISTS: CUBA DISSIDENT DIES AFTER doing, which is taxing too much, spend- permission to address the House for 1 HUNGER STRIKE ing too much, and borrowing too minute and to revise and extend his re- Havana—An opposition political activist much—mortgaging the future of our fu- marks.) imprisoned since 2003 died Tuesday after a ture generations. lengthy hunger strike, members of Cuba’s I asked a number of businesspeople, Mr. DUNCAN. Mr. Speaker, today is human rights community said. the 100th birthday of a great lady and Orlando Zapata Tamayo, who was jailed on Why aren’t you hiring more people? Tennessee icon, Sarah Moore Greene. charges including disrespecting authority, Why aren’t you expanding your plants? Ms. Greene has been both a national died at a clinic at Havana’s Combinado del The overriding answer was, Congress- leader and a leader in our hometown of Este prison, according to Vladimiro Roca, a man, it’s too uncertain right now. Con- Knoxville. By the way, she still attends leading dissident who said he spoke to Za- gress is talking about raising our many events, and is always dressed pata Tamayo’s family. taxes, imposing insurance on us, talk- like a fashion model. She has served on Zapata Tamayo, 42, was not among the is- ing about more regulation, raising the the national board of directors for the land’s best-known dissidents. He was ar- cost of energy in this country. If you rested in 2003 on charges of disrespecting au- continue down that road, we can’t cre- NAACP, and has been a delegate to nu- thority, said Elizardo Sanchez, head of the merous Republican national conven- Havana-based, independent Cuban Commis- ate new businesses. In fact, in many tions. sion on Human Rights and National Rec- cases, we will have to lay off people if My father served as mayor of Knox- onciliation. we move in that direction. ville for almost 6 years from early 1959 He was sentenced to three years in prison, So, Mr. Speaker, what we have to do through the end of 1964. During that which Sanchez said was lengthened to 25 is quit doing what we have been doing time, Knoxville received the All-Amer- years, in part because of his political activ- and get back to making America the ican City award from Look magazine, ism while behind bars. great Nation it is by empowering the primarily because it had the most Sanchez said Zapata Tamayo staged a hun- people. That means taking less taxes ger strike for weeks before his death. His peaceful integration of almost any family first announced last week that prison and letting businesses do what they major city. Sarah Moore Greene and doctors said he was gravely ill. know how to do, which is to create my father led the effort to peacefully Relatives were transporting Zapata jobs. Take away the uncertainty of the integrate our city. Tamayo’s remains to his hometown in business environment in this country

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H795 today, which is causing many busi- that the Afghan Government do every- we’re spending tens of billions of our nesses across the country either to lay thing it can to stop violent extremism tax dollars for? So that well-connected off or not to hire people. in their country and to keep our troops elites in Afghanistan can enjoy luxury Mr. Speaker, we need to empower safe. So far the Afghan Government villas in Dubai? America. We need to quit entitling has not lived up to its responsibilities. We cannot allow this to continue. I America. Our Ambassador in Afghanistan, Karl have been demanding that we change f Eikenberry, wrote a cable to the State our mission in Afghanistan to focus on Department in November in which he SMART Security for a long time now. MEDICAL MALPRACTICE REFORM said that President Karzai ‘‘is not an One of the cornerstones of SMART Se- (Mr. MORAN of Kansas asked and adequate strategic partner’’ and ‘‘con- curity is an emphasis on better govern- was given permission to address the tinues to shun responsibility for any ance. Improving governance in Afghan- House for 1 minute.) sovereign burden, whether defense, istan is just as important, Mr. Speaker, Mr. MORAN of Kansas. Mr. Speaker, governance, or development.’’ He also as any military operation. Actually, I am on the floor tonight to request wrote that when it comes to corrup- it’s more important. that President Obama include in to- tion, Karzai has a record of ‘‘inaction That’s why President Obama must morrow’s discussion at the health care and grudging compliance.’’ insist that President Karzai and his summit the issue of medical mal- This is outrageous, Mr. Speaker, be- cronies clean up their act and do it practice reform and defensive medi- cause this government corruption un- quickly. Without honest government, cine—the kind of reform that will re- dermines our very efforts in Afghani- we will never defeat violent extremism lieve Kansan families and business stan and puts our troops at risk. in Afghanistan and the death toll for owners from facing higher health in- When the Afghan people see the cor- our troops will not stop. surance premiums. We have to reduce ruption in their government, they ask, f health care costs, and this is a com- and they should ask, Why should we RECOGNIZING KANSAS STATE monsense way to do so. If we do not help the Americans defeat the Taliban UNIVERSITY’S PROUD CAMPAIGN control those costs, then any reform ef- when our government isn’t any better The SPEAKER pro tempore. Under a fort will fail, as the cost of health care than the Taliban? previous order of the House, the gen- and, therefore, the cost of insurance The Washington Post just recently, tleman from Kansas (Mr. MORAN) is will increase. well, yesterday, I think, revealed a de- plorable example of the Afghan Gov- recognized for 5 minutes. Defensive medicine, where doctors Mr. MORAN of Kansas. Mr. Speaker, ernment’s shady dealings. It was Mon- order every possible test under the sun I rise this evening to recognize Kansas day that the article came out. It was for fear of being sued, costs us more State University’s Proud campaign. K- written by Andrew Higgins and enti- than $650 billion each year, or 26 per- State Proud was founded in the fall of tled ‘‘Kabul Bank’s Sherkhan Farnood cent of our annual health care spend- 2006 as an effort for students to help ing. These costs increase insurance pre- Feeds Crony Capitalism in Afghani- other students. This year’s event will miums for doctors, and health care ex- stan.’’ The article described the cozy be celebrated this Saturday, February penses simply get shifted to the pa- relationship between the Afghan polit- 27, during the Missouri-Kansas State tients. ical elite and the Kabul Bank. The Af- men’s basketball game. This is a great Mr. President, if you are serious ghan Government has poured tens of concept that reflects our Kansas values about improving patient care and millions of dollars of public money into of family, community, and steward- about reducing costs, add medical mal- that bank. At the same time, the bank ship. practice reform to the agenda at your has made shady multimillion dollar There are many people who take col- health care summit tomorrow. loans to members of President Karzai’s lege experience for granted. Leaving f family, his government, and his sup- home to pursue an education is not a porters to buy luxury villas in Dubai. given for many families. Certain b 1630 The article calls this ‘‘a crony cap- amounts of financial, emotional, and SPECIAL ORDERS italism that enriches politically con- spiritual support are needed to ensure nected insiders and dismays the Afghan The SPEAKER pro tempore. Under a student’s success. Sometimes bad people.’’ things happen and students’ families the Speaker’s announced policy of Jan- President Karzai’s older brother and uary 6, 2009, and under a previous order fall on hard times. And it’s heart- his former Vice President both have breaking to see a student’s dreams and of the House, the following Members Dubai villas, but they’re registered will be recognized for 5 minutes each. hard work jeopardized by events be- under the name of Sherkhan Farnood, yond their control. f the chairman of the bank. Presumably The K-State Proud campaign was The SPEAKER pro tempore. Under a this is done to hide the goodies that started in an effort to keep these strug- previous order of the House, the gen- the political big shots have gotten. The gling students in school. It was started tleman from Maryland (Mr. CUMMINGS) bank has plenty of money, including by students, for students. Students is recognized for 5 minutes. more than $1 billion in deposits from continue to organize, plan, and execute (Mr. CUMMINGS addressed the Afghans. But ‘‘the vast majority of this K-State Proud’s activities. This year’s House. His remarks will appear here- money flows into the hands of a tiny co-chairs are Anna Zeiger, Reed after in the Extensions of Remarks.) minority, some of it through kickbacks Pankratz, and Robert Swift. That is f and insider deals’’—that’s from the ar- what makes this effort so unique. ticle—for the country’s political, secu- There are no benefactors or trust funds CORRUPTION IN AFGHANISTAN rity, and business elites. paying an annuity that funds the tui- THREATENS OUR TROOPS The bank also helped pay for Presi- tion or living expenses for a struggling The SPEAKER pro tempore. Under a dent Karzai’s recent reelection cam- student. This program allows these previous order of the House, the gentle- paign, which was filled with charges of kids to collect money from their peers woman from California (Ms. WOOLSEY) fraud. The bank’s support for Karzai and to distribute to those most in need. is recognized for 5 minutes. wasn’t surprising. Why should it be? As a society, we should take a step Ms. WOOLSEY. Mr. Speaker, the The bank is partly owned by Karzai’s back and look at what K-State Proud United States is reaching a bleak mile- older brother and the brother of his has accomplished. They have had a stone in Afghanistan. The death toll vice presidential running mate. genuine compassion for complete for our troops is now 996, or it was And at a time when most Afghans are strangers. They do more than pay lip when this paper was written. It is inev- desperately poor, the Kabul Bank is service to the concept of charity. They itable that we will reach the 1,000 spending $30 million to build a fancy put their money where their mouth is. mark. How much further are we going new headquarters. For a $10 donation, the donor re- to go in this? Mr. Speaker, the American people ceives a K-State Proud t-shirt to be Under these circumstances the Amer- have a right to ask, Is this what our worn for the designated K-State bas- ican people have the right to demand soldiers are dying for? Is this what ketball game. Special thanks should be

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H796 CONGRESSIONAL RECORD — HOUSE February 24, 2010 given to GTM for donating the t-shirts This is by far the largest group of mi- their family farms. This Congress and Cox Communications for their gen- nority farmers in the country, and should grant them the compensation erous support. A quarter of a million their numbers are growing. And yet and the damages they are due. dollars raised by K-State Proud over new census data recently revealed that What would the bill do? It establishes the course of 3-plus years emphasizes women farmers have been consistently a compensation fund of $4.6 billion for the enormous impact this campaign underreported by USDA over the past these farmers. It sets up a Special Mas- has had on K-State’s student body. The 15 years. Worse, it is estimated 43,000 ter in the Federal Mediation and Con- results are real and undeniable. women farmers have been ciliation Service to process, review, K-State Proud allowed a student discriminatorily denied more than $4.6 and adjudicate their claims. The Spe- whose hometown of Greensburg, Kan- billion in farm loans and loan services cial Master will award eligible claim- sas, which was destroyed by a tornado, from the USDA over the years. In fact, ants who were denied loan applications to stay in school despite the enormous by USDA’s own reckoning, women have or whose applications were not acted loss of life and property. K-State Proud seen less than their fair share of loans upon $5,000 in damages. provided support to a cancer survivor in every single State in the country. For eligible claimants who were de- that would otherwise have had a dif- Like male farmers, tens of thousands nied farm loans, loan benefits, or loan ficult time completing a college de- of women have gone to local offices of servicing, whose damages are presum- gree. K-State Proud provides these fi- the Farm Security Administration ably greater than those denied applica- nancial awards while also providing the over the years to file loan applications tions, the Special Master may also recipients with an emotional boost to and ask for this government’s help in award additional damages based upon overcome their struggles. Money is a sustaining their family farms. But the application of a formula described necessity, but knowing that someone there the differences often end. Many in the legislation. recognizes your pain and is there to women have been told that money or b 1645 support you is very powerful as well. applications had run out even though This sense of community, that we’re men seem to be finding them with no For those who will seek to apply for all in this together, has made K-State trouble at all. Others were told to re- loans and loan management in the fu- Proud a huge success. Some people turn to the loan office with their fa- ture, the legislation will ensure that worry about the future of our country. thers or husbands or brothers so that their requests are finally considered When I see the K-State Proud move- the men could file the applications on equally with all others. This is a mat- ment at work, I realize that there is a their behalf. Still others were told that ter of fundamental fairness. And action new crop of compassionate, principled ‘‘farming is not for women’’ or saw cannot come soon enough for these leaders preparing themselves to better their applications filed in the trash women who have suffered under these our State and our Nation. right before their eyes. Some were even discriminatory practices. So please K-State Proud has become a model subjected to crude and horrible ad- join me in being part of this solution. for other universities searching for a vances by loan administrators who de- We can help make whole these women way to unite their student bodies and manded a sexual quid pro quo in return who have suffered so much, and we can communities. People familiar with K- for approving their loans. This is sim- make USDA a better resource for our State know how special this university ply not right. It is beneath us and it nation’s family farmers for generations is. It is only fitting that the rest of this must end. to come, regardless of their gender, country learns how special it is as well. To his credit, Secretary Vilsack has race or origin. I urge you to tune in to the basketball initiated a task force to look into these From our earliest days, the small game this Saturday and witness this and similar civil rights issues at family farm has been considered the student body’s commitment to each USDA, but we also need to move here bedrock of this nation, the font of its other. in the Congress and quickly, if nothing virtue and its citizenship. ‘‘Those who I have used the word ‘‘proud’’ many else so that these women can get the labor in the earth are the chosen peo- times in these remarks. I’m the proud resources that they now need to pre- ple of God,’’ wrote Thomas Jefferson, father of two current K-State students. serve their family farms in this trou- ‘‘if ever He had a chosen people.’’ Our I’m proud to be associated with such bling economy. Founding Fathers strongly believed great ambassadors for our State. And Unfortunately, this subject of dis- our government should be there to help I’m proud to be a Kansan. In this case crimination by USDA loan and credit America’s family farmers, not to un- I’m proud to be a K-State Kansan. officers is not a new one. In fact, only dermine them at every turn. As such, it is time to do right by all f 2 years ago Congress was so moved by the lengthy history of discrimination of these family farmers that have been WOMEN FARMERS BILL and long-pending lawsuits brought by discriminated against in our past and The SPEAKER pro tempore. Under a minority and socially disadvantaged present. And I invite my colleagues to previous order of the House, the gentle- farmers that we addressed the situa- join with us to reach a solution to set- woman from Connecticut (Ms. tion in the 2008 farm bill. That provi- tle these discriminatory claims. It is DELAURO) is recognized for 5 minutes. sion urged the Bush administration to time to live up to our founding prin- Ms. DELAURO. Mr. Speaker, I rise in settle those discrimination lawsuits ciples, to do right by our family farm- support of the Equality for Women brought by women and other minority ers no matter what their race or sex, Farmers Act, a bill Congresswoman farmers. and to legislate an end to this unfortu- ANNA ESHOO of California and I have Just last week the Obama adminis- nate and regrettable era. introduced. It aims to close an ugly tration announced that it had reached f chapter in our history and end a sys- an agreement to settle the remaining The SPEAKER pro tempore. Under a tematic legacy of discrimination at the claims for African-American farmers previous order of the House, the gen- Department of Agriculture. who experienced similar discrimina- tleman from Indiana (Mr. BURTON) is Our bill provides a process for women tion. While I applaud the administra- recognized for 5 minutes. farmers who have experienced discrimi- tion for recognizing the need to settle (Mr. BURTON of Indiana addressed nation to make claims against a com- these important claims, I am dismayed the House. His remarks will appear pensation fund appropriated by the that they did not come forth with a hereafter in the Extensions of Re- Congress. It requires USDA to institute more comprehensive proposal to settle marks.) the much-needed reforms that will end claims for women, Hispanic, and Native f this shameful gender discrimination in American farmers who have suffered their loan system forever. similar prejudice. THE ABSURDITY OF STIMULUS According to the U.S. Department of It’s time for us to own up to the mis- PROJECTS Agriculture, there are approximately treatment of women and other minor- The SPEAKER pro tempore. Under a 300,000 women farm operators across ity farmers as well. They have had to previous order of the House, the gen- the United States, which is over 17 per- deal with needless, mindless discrimi- tleman from Texas (Mr. POE) is recog- cent of the family farmer population. nation as they have tried to preserve nized for 5 minutes.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H797 Mr. POE of Texas. We keep hearing can take taxpayer money and give it to The Republicans want to give the about how great the trillion-dollar the government, and then the govern- seniors a voucher. A voucher govern- stimulus bill was and how well it has ment can decide how special folks, spe- ment. If you qualify, you get a little worked. It has been 1 year or so, so lest cial projects will get that money and check and then you are on your own to we forget, let’s see where some of that spend that money for government deal with the insurance companies and stimulus money got spent. make-work programs. See, these aren’t Wall Street. The Republicans wish the In Buffalo, New York, the State uni- real jobs; these are jobs that the tax- American people the best of luck. If versity got about $400,000 to study the payers have to pay for, jobs that aren’t you aren’t lucky enough to outsmart effects of drinking malt liquor while permanent, that will eventually go Wall Street and the insurance execu- smoking pot. For 3 weeks, 100 people away. tives with the rules stacked against are paid $45 a day of taxpayer money to Real jobs are not created by Uncle you, well, that’s too bad. drink malt liquor and smoke a little Sam. Real jobs are created by the pri- Under the Republican plan, you will marijuana—this party stupor paid for vate sector. We call those people small likely end up sick and poor, but they by Americans throughout the country. business communities. And they can think you will love the free market Taxpayers are footing the bill for make real jobs where other taxpayers choices you have had on the way down. other parties, like the one in Boca don’t have to pay for those jobs. And Sadly, the Republican plan is filled Raton, Florida. But this one is not for that is when more businesses have with the same old policies to dismantle people, this one is for lab mice. That is more of their own money, rather than Medicare and Social Security that they right, Atlantic University is getting paying taxes to the Federal Govern- have been putting forward for decades. about $15,000 for two summer research- ment so the government can decide To understand the clear difference ers to measure how alcohol affects a which special friends throughout the between the different approaches, let’s mouse’s motor functions. I wonder government to get this stimulus look at health care. Health care is big, where the PETA people are on this one. money. and a complex part of our economy, Now, do these drunk lab mice count as Mr. Speaker, the American people and it needs thoughtful and common- jobs saved or jobs created? We don’t are fed up with this insanity. They are sense approaches. Instead, the Repub- know. telling Washington stop the spending. licans have put forward a plan that We are not through. In Nebraska, we They are saying no, stop the spending. would put more Americans at risk, are funding another wasteful bridge Stop the wasteful projects. Stop the drive millions into bankruptcy, lock in project. First we had the Cornhusker fraud, stop the abuse. Stop borrowing the skyrocketing costs, and enrich the Kickback, and now Americans are money. We don’t have the money for insurance companies. In the Repub- sending $7 million to Thelford, Ne- all these projects, so we borrow it. And lican plan, insurance companies could braska, to build a bridge. That doesn’t of course we borrow it from our friends, get richer while Americans get poorer sound so bad, but this $7 million bridge the Chinese. Sixty percent of our debt and sicker. is so 168 people don’t have to wait so is owned by the Chinese. And of course The Republican approach to health long to cross a railroad track. Sounds someday there is going to be a day of care has two parts. First, the Repub- like we are wasting money. By the reckoning. We are going to have to pay licans would give American seniors a way, that is $43,000 per person waiting back that money. And that will be paid voucher for health care and do nothing for that train. back in the form of taxes or it will be to keep the insurance companies from And the U.S. Forest Service is get- paid back by people yet to be born. taking them to the cleaners. The Re- ting $2.8 million in stimulus money to The White House seems to want to publican plan would essentially do spend on wildfire management in spend the people into the poor house, away with the Medicare program as we Washington, D.C. But the problem is mortgage off their homes, the mineral know it today, which many seniors Washington, D.C. doesn’t have a na- rights, and then pay for this massive rely on. tional forest. But that doesn’t make spending bill. The hypocrisy of the Republican plan any difference to the bureaucrats. In And that’s just the way it is. is maddening. Their say one thing and Washington, you don’t need a forest to f do another approach is really reprehen- get wildfire management funds; you sible. The Republicans not only want just need out-of-control spending. PROBLEMS WITH THE to dismantle Medicare, but at the same The Florida Department of Transpor- REPUBLICAN HEALTH CARE PLAN time they denounce the Democratic tation, and this is my favorite one of The SPEAKER pro tempore. Under a plans to stop wasteful spending in the all, is spending $3.4 million in stimulus previous order of the House, the gen- program. funds to build a turtle tunnel in Talla- tleman from Washington (Mr. The second part of the Republican hassee. A turtle tunnel in Tallahassee, MCDERMOTT) is recognized for 5 min- plan puts health savings accounts at Florida; $3.4 million. That is about four utes. the center of the program. Health sav- times as much money as the average Mr. MCDERMOTT. Mr. Speaker, after ings accounts have existed for years. working American will earn in their more than 70 years of false starts on These accounts are small, and history entire life. But the stimulus slush fund fixing health care, the Congress is on shows that many Americans underfund is doling out $3.4 million for the turtle the brink of passing sensible, com- them or can’t use them. When illness tunnel for turtles to cross the highway. prehensive reform legislation. We are strikes, any significant co-payment or Before we had a stimulus bill, Mr. extremely close to giving all Ameri- deductible can wipe out a family’s sav- Speaker, how did the turtle cross the cans access to quality, affordable ings in a minute. road? For that money we could get the health care, while reducing the deficit. Finally, the Republican plan does turtles limos to cross that street. After a year of trying to instill fear in more to take our health care system The Picher Housing Authority in the American public about the Demo- down the road to ruin. It goes another Oklahoma, here is another one, re- cratic approach to fixing our broken step and privatizes Social Security. ceived $135,000 in stimulus money to re- health care system, my Republican col- After the Wall Street meltdown, the model homes and businesses at the Tar leagues have really entered the debate. crazy lesson the Republicans learned Creek Superfund site. The most obvi- I commend my colleague from Wis- was to trust Wall Street with the fu- ous problem with that scenario is the consin for putting forward the Repub- ture of our seniors. Tar Creek Superfund site is scheduled lican plan. This week we learned that by 2019, to be destroyed. It is going to be re- The sweeping Republican bill lets the national health care spending will be modeled and then destroyed. Only the public know where their party truly over 19 percent of our economy. That is Federal Government would spend tax- stands. Their bill would radically reor- $4.5 trillion. If we don’t act to control payer money to fix up a home and then ganize both the health care system and those costs now, people will no longer a few years later pay to tear it down. the Social Security system. Once be able to afford the essentials like Mr. Speaker, this whole philosophy again, they want to spend more time housing and food. When the public has of the stimulus project and fiasco is a hating government than helping peo- to deal with the market to satisfy flawed premise. It is the idea that we ple. basic needs, the government has to

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H798 CONGRESSIONAL RECORD — HOUSE February 24, 2010 make sure the system is fair and that Of course the CIA has used secret as- of Americans, indeed, the entire Na- all Americans have access. When it sassinations in a limited fashion for tion. A successful outcome would be comes to health care and retirement, decades, despite international, domes- one in which we have bipartisan con- we have to have commonsense rules. tic, and moral law. When done secretly, sensus on the critical issues of health We must finish the job on health as in the past, our government at least care, on how we’re going to provide care, and we are going to do it begin- recognized that assassination was ille- coverage for all Americans, how we ning tomorrow at the White House. gal and wrong. Frighteningly and as- deal with the pernicious and all too The Republicans have shown the public tonishingly, however, the policy is now common insurance company practice their plan, and it is not the solution. explicit. of terminating policies when a person They are a rehash of old theories that National Intelligence Director Den- becomes ill or denying coverage be- make things much worse. Instead, we nis Blair, in open testimony before the cause of some preexisting condition. have to pass the commonsense health House Intelligence Committee on Feb- Tomorrow’s summit is extraor- reform that is on the table and protect ruary 3 of this year, acknowledged that dinarily important in that the outcome Social Security from crazy theories. American citizens can indeed be assas- of that summit may very well give us f sinated at our government’s discretion. insight into how we control the ex- The U.S. Government attempted to as- traordinary increase of cost in health AND NOW IT’S ASSASSINATIONS? sassinate Anwar al-Awlaki in Yemen care, a cost that is not sustainable ei- The SPEAKER pro tempore. Under a without even charging him with a ther for individuals or for this econ- previous order of the House, the gen- crime. We are told this evidence is se- omy. We’re currently spending some- tleman from Texas (Mr. PAUL) is recog- cret, that he does not deserve any con- where in the range of 17 percent of our nized for 5 minutes. stitutional rights, and that some un- current GDP on health care. Compared Mr. PAUL. Thank you, Mr. Speaker. known individual in the administration to the rest of the industrialized na- What have we allowed ourselves to has the authority to declare him a tions, that’s nearly 60 to 70 percent become? Are we no longer a Nation of threat, and therefore a legitimate tar- more than they spend of their wealth. laws? Have we become instead a Nation get for assassination. Most every other industrialized nation of men who make secret arrests? Are Yes, I know, he is probably a very spends 10 percent or less. We’re giving secret prisons now simply another tool bad person. Yes, I know that only a few away an extraordinary advantage to of Federal Government law enforce- Americans are on the assassination hit our competitors. ment? Is secret rendition of individuals list. Now, if our health care system actu- now permitted, out of misplaced fear? ally produced extraordinary outcomes Have we decided that the writ of ha- b 1700 for all the population, we might say it beas corpus is not worth defending? Is Yes, I know that artificially gen- was worth it, but the fact of the matter torture now an acceptable tool for erated fear makes a large number of is that our health care system does making us safe? Unfortunately, the Americans inclined to applaud this ef- not. Our population statistics, which single answer to all of these questions fort which supposedly will make us are the statistics on how well we are, from the leaders of our country and to safe. But if this becomes standard oper- how long we live, how well our children many of our citizens appears to be ating procedure and a permanent thrive, how many of them die at birth ‘‘yes’’. precedent is established, let me assure and in early childhood, all of those sta- And now we are told that assassina- you that this abuse of the law will tistics would indicate that this Na- tion of foreigners as well as American spread. tion’s health care system is very, very citizens is legitimate and necessary to It’s time for Congress and the Amer- poor. In fact, we rank below Colombia provide security for our people. It is ican people to wake up to the realities and other emerging nations around the my firm opinion that nothing could be of the dangers we face. We must re- world. further from the truth. Secret arrests, member, as Members of Congress, that So what are we going to do? secret renditions, torture, and assas- we have taken an oath to protect and This House passed a very important sinations are illegal under both domes- defend the Constitution from all en- piece of legislation that goes to address tic and international law. These activi- emies, foreign and domestic. It should many of these issues—the issue of how ties should be anathema to the citizens not be that difficult to distinguish the we contain our costs, how we improve of a constitutional Republic. difference between the danger posed by our system, how we provide for The real threat doesn’t arise from the underwear bomber and the danger wellness rather than just sick care—a our failure to torture. Rather, desen- posed by a government that endorses very complex bill, but one that also sitizing our Nation to the willful ne- secret prisons, torture, and assassi- provided a very, very important ele- glect and sacrifice of our civil liberties, nating American citizens. ment, the element of a public option. fought and died for over the centuries, I’m from California, and 2 weeks ago is the threat. f the largest insurance company pro- The concept of habeas corpus existed The SPEAKER pro tempore. Under a viding policies, more than 80 percent of even before King John of England was previous order of the House, the gen- the single-person policies, said, well, I forced in 1215 by his rebellious barons tleman from Oregon (Mr. DEFAZIO) is think we’re going to increase our rates to sign the Magna Carta. This basic recognized for 5 minutes. by up to 39 percent, and that was on principle and expression of individual (Mr. DEFAZIO addressed the House. top of a similar rate increase in the liberty, which has survived 800 years, His remarks will appear hereafter in previous year; some 60 percent increase greatly influenced the writing of our the Extensions of Remarks.) for those individuals that are not in a Constitution and our common law her- f group that have to go out and buy in- itage. surance on their own, a totally Today we hardly hear a whimper, ei- HEALTH CARE SUMMIT unaffordable situation. And they also ther from the American people or a The SPEAKER pro tempore (Mr. announced that in the intervening stone silent U.S. Government as our TEAGUE). Under a previous order of the year, or the year after these increases cherished liberties are eradicated. In- House, the gentleman from California went into effect, they would willy- stead, we have a government that de- (Mr. GARAMENDI) is recognized for 5 nilly, and at their own will and their liberately orchestrates needless fear minutes. own desire, increase the cost of those and makes people insecure enough to Mr. GARAMENDI. Tomorrow is an policies, an extraordinary and new ignore the reality of their lost lib- extremely important day here in Wash- event. erties. ington, D.C., and across the Nation. To- Those individuals, in fact, every indi- The latest outrage is the current ad- morrow’s a day in which the President vidual in America needs a public op- ministration’s acknowledgment that will hold a summit on health care. The tion, a place to go to get a competitive we now have a policy that permits as- outcome of that meeting is of extraor- health insurance policy that provides sassination not only of foreign sus- dinary importance to individuals, to real benefits at an affordable cost. This pects, but of American citizens as well. families, and to millions upon millions House passed such a public option.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H799 Hopefully, at tomorrow’s summit, that can Republic, as opposed to featuring Mr. YOUNG of Florida. Mr. Speaker, issue will be renewed. But the papers in fresh, Florida-caught fish, crab, and I rise this evening to speak to the this town say that that issue is dead. I lobster. Hotels, dive shops, and other memory of one of my close friends, one think not, because in America we do tourist attractions will also continue of my colleagues, my partner, and a have public options today—they’re not to suffer as fishing enthusiasts decide man with whom I have spent so many readily available to all of us unless you to travel elsewhere. hours, so many days and for so many happen to be 65—and that public option The impact of this multibillion dol- years as we’ve worked together on the is Medicare. If you happen to be a Fed- lar industry on the State of Florida National Defense Appropriations bill, eral employee, like I and others in this cannot be overstated. And yet, one by and I’m speaking of the late Chairman room, you have a public option avail- one, these fishermen are being regu- Jack Murtha. able to you. If you’re in the military, lated out of business. In keeping with his legislative man- you have a public option available to I’m a cosponsor of a bill known as agement style, I’ll be brief because, as you, a military family. the Transparency in Job Loss from we presented our Defense Appropria- Public options are widely available Fishery Closures Act, and this is a bill tions bills, the last meeting that we in America. We need to provide that introduced by my colleague, Congress- would have somewhere in the Chamber option for every American. We need man HENRY BROWN. This bipartisan bill here would be, Hey, look, this is a good real competition. We need WellPoint instructs NOAA to reverse the harmful bill. It’s not controversial. Let’s pass it Blue Cross of California to have a com- fishing closures and calls for stricter quick. We ought to be able to get it petitor. They have none today. policies before implementing further done in 8 or 10 minutes, which we nor- Fortunately, this House, today, took closings. mally did. a step to end the monopoly, to end the In particular, this bill requires that Jack was a good leader, a good chair- antitrust exemption that the health in- NOAA conduct a comprehensive review man. When we had discussions on the surance companies have. It will help, of recent fishery closures and provides hundreds and hundreds of issues in that but it will not provide the solution sufficient updated research showing bill, his concern always was what is that we need. We need that public op- that a closure is the only option to best to keep America safe, what is best tion. We need the health care reform maintain the fishery. In this review, to keep Americans safe, and what is that this House passed. And hopefully NOAA must consider the impact of best to give our soldiers the tools that tomorrow, at the President’s summit, each closure on the coastal commu- they need, the technology that they the outcome will say, follow the lead of nities being regulated, including the need to do their job, to carry out their the House; give us a public option, give impact on their small businesses and mission, and to protect themselves us the controls on prices, give us the the losses of the jobs that would entail while they’re doing that. steps toward staying healthy, and let’s these closures. I expressed my condolences and my finally put this Nation into a univer- I also support efforts to increase fish- sadness to his wife, Joyce, and their sally available health care system. eries research to improve enforcement children. I know of the sadness that f systems and to reform the flawed Mag- they experienced here a couple of nuson-Stevens Fishery Act. weeks ago as Jack left the Congress, GREATER FLEXIBILITY FOR I’m a cosponsor of a bill introduced left the family, and left this life. I real- FLORIDA FISHERMEN by Congressman FRANK PALLONE, ly was saddened and regretted and felt The SPEAKER pro tempore. Under a which would amend Magnuson to pro- extremely bad that I was not able to previous order of the House, the gentle- vide greater flexibility to State regu- attend his funeral, but Beverly and I woman from Florida (Ms. ROS- lators and fishery managers. had a tragic event of our own during LEHTINEN) is recognized for 5 minutes. The process of collecting data uti- that same period. Ms. ROS-LEHTINEN. Mr. Speaker, lized by Federal regulators in deter- But I wanted to mention that Bev- this week I met with commercial and mining fishing closures also needs to be erly, my wife, knew Jack Murtha very recreational fishermen from my Con- revisited. well because we would oftentimes be at gressional district of the Florida Keys. The Scientific and Statistics Com- the same military hospital with him These hardworking men and women mittees need to conduct their business visiting troops, wounded troops and have taken time out of their busy sea- in an open, transparent forum that also their families. And I remember the son to travel up here to Washington, considers input from the fishing indus- first day that my wife ever ran into D.C., to protest the latest round of on- try. What a concept. Opening up this Jack Murtha at Walter Reed Hospital, erous and unfair Federal fishing regu- committee to stakeholders’ feedback and she had been talking with the wife lations and closures. and congressional oversight will go a of a soldier who had serious physical Florida’s recreational fishing indus- long way in repairing the trust be- problems, but the family had financial try is the largest in the Nation. It’s tween regulators and local fishermen. problems. economic impact to our State exceeds In this stagnant economy, Mr. $5.3 billion, and more than 54,000 jobs Speaker, it is imperative that we do all b 1715 are generated by this industry. Simi- that we can to protect a historic and She said, Hey, Mr. Murtha, give me larly, Florida’s commercial fishing in- much needed industry from economic your wallet. And Jack Murtha took out dustry is nearly 13,000 strong and con- disaster. Our Nation’s fishermen de- his wallet and handed it to her, and she tributes a staggering $1.2 billion to our serve and require our immediate ac- took out all of the money and handed economy. tion. it to the soldier’s wife and then gave Our fishermen understand that main- f Jack back his empty wallet. And so she taining a robust, healthy fishery The SPEAKER pro tempore. Under a also had a special relationship. through appropriate regulation is the previous order of the House, the gen- But we were not able to attend key to their economic success. How- tleman from Pennsylvania (Mr. TIM Jack’s funeral. During that same pe- ever, the recent fishing bans on red MURPHY) is recognized for 5 minutes. riod of time, my son Billy and his wife, snapper and shallow water grouper en- (Mr. TIM MURPHY of Pennsylvania Ashley, had become pregnant some acted by the South Atlantic Fisheries addressed the House. His remarks will time ago, and everybody was excited Council are devastating to our Florida appear hereafter in the Extensions of about that. And then one day, they fishing industry. The bans not only Remarks.) picked us up at the airport coming threaten the jobs of recreational and f back from Washington, and we had commercial fishermen, but also the lunch together. And they announced small business owners that support and IN MEMORY OF THE HONORABLE that they had just been to the doctor, economically benefit from these indus- JOHN MURTHA and we were going to have twin grand- tries. The SPEAKER pro tempore. Under a daughters. You talk about being ex- Local restaurants will look to carry previous order of the House, the gen- cited and cheers and tears. But that more cost-affordable fish from coun- tleman from Florida (Mr. YOUNG) is was not to be. Twenty weeks into the tries such as Mexico and the Domini- recognized for 5 minutes. pregnancy, something happened.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H800 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Things went wrong. The two little Murtha-McDade relationship almost Jack Murtha loved the United States girls, Taylor Ann and Riley Grace, cast a certain circle around the State of America. Jack Murtha loved the were born alive and lived only a couple of Pennsylvania that made it a special military. Jack Murtha loved the sol- of hours until their little hearts quit place, that the Pennsylvania delega- diers. He stood up not just for them, beating. tion had something that the other but for their families over and over And so we were going through that States did not have, and that was two again. same grief at about the same time that great leaders—Republican and Demo- Congress has lost a great leader, as Joyce and her family were going crat—who kind of set the tone not just has the State and the United States of through the grief of losing Jack Mur- for the entire State but for the rest of America. But the American soldiers tha. us to see how things could be. And in- have lost a true friend and a passionate I lost a friend. Congress lost a power- deed, the Pennsylvania delegation has guy who would do anything for the ful legislator. He didn’t speak on the still had great fellowship because of man and woman in uniform. floor very often. He was never bois- that legacy. I say God bless Jack Murtha and his terous. You never saw him—well, sel- It was also reflected in his relation- memory and everything he has done for dom—shouting and waving his arms, ship with BILL YOUNG. I can’t tell you the United States of America. what a joy it has been for all Members but he knew what was going on. And he f affected what was happening in the leg- of Congress who come and often see the battles that are so epitomized on the The SPEAKER pro tempore. Under a islation. previous order of the House, the gen- Some of our colleagues used to joke talk shows and the name calling and so forth, and you think that is Congress. tleman from Pennsylvania (Mr. THOMP- that he would sit back in this corner SON) is recognized for 5 minutes. while I sat back in that corner so that And then you go into a committee room and you see BILL YOUNG and Jack (Mr. THOMPSON of Pennsylvania ad- between the two of us, we could watch dressed the House. His remarks will ap- everything that was happening in the Murtha working together, not always agreeing but always affectionate and pear hereafter in the Extensions of Re- House Chamber at any given time. always having great respect for what marks.) Well, there might have been something the other one had to say. f to that, but it was a good relationship. And indeed, I can tell you as some- The SPEAKER pro tempore. Under a So I, again, I express my condolences. body who served here 18 years, some- My own sadness of losing this friend, of previous order of the House, the gen- times you couldn’t tell who was chair- tleman from Pennsylvania (Mr. SHU- losing this great American. And Mr. man. They were that close and that Speaker, I think Jack has left an emp- STER) is recognized for 5 minutes. united and that focused on what was (Mr. SHUSTER addressed the House. tiness that probably will not be filled best for the troops. What a great rela- for a long time, if ever. And I think His remarks will appear hereafter in tionship. And again, what a great ex- the Extensions of Remarks.) those on the House floor, as we proceed ample for the rest of us. with appropriations bills in the future, Jack Murtha was an old-school guy. f will recognize that without Jack Mur- He liked to have his bill done in a HONORING REPRESENTATIVE tha here, things are a lot different. hurry. In fact, the chairman, Mr. OBEY JOHN P. MURTHA So God bless the family. is there, and he knows while it was one The SPEAKER pro tempore. Under a f of the largest bills, it was also one of previous order of the House, the gen- The SPEAKER pro tempore. Under a the fastest bills to be passed so many tleman from New Jersey (Mr. FRELING- previous order of the House, the gen- times. He knew exactly where he want- HUYSEN) is recognized for 5 minutes. tleman from California (Mr. LEWIS) is ed to go long before the hearing start- Mr. FRELINGHUYSEN. Mr. Speaker, recognized for 5 minutes. ed. I echo the sentiments of my colleagues I remember I had an amendment that (Mr. LEWIS of California addressed here today and want to add my voice in had to do with electronic verification the House. His remarks will appear tribute to Jack Murtha—our colleague, of social security numbers for people hereafter in the Extensions of Re- my chairman, and my friend. working on Federal contracts. The marks.) For nearly his entire adult life, Jack chairman didn’t like it. And I remem- Murtha selflessly served his beloved f ber Mr. Murtha—I submitted it, I Nation—first in uniform as a decorated worked the committee, the sub- REMEMBERING REPRESENTATIVE combat marine and later as an elected committee very carefully, and he said, JACK P. MURTHA representative from my neighboring ‘‘Kingston, we’re not going to do that.’’ The SPEAKER pro tempore. Under a That was it. That was my hearing. And State of Pennsylvania. previous order of the House, the gen- when he said that, you knew that was We all know by now that he was the tleman from Georgia (Mr. KINGSTON) is it. The curtain was closed. The case first Vietnam War combat veteran recognized for 5 minutes. was over. elected to Congress. And while many of Mr. KINGSTON. Mr. Speaker, I rise And this same chairman could turn us followed him to Congress, he rose to as a friend and mourn and share the around and say to you, you’ve got a become chairman of the House Appro- loss not just to the Murtha family, the problem in Hinesville, Georgia, little priations Committee’s Subcommittee State of Pennsylvania, but to the en- old Hinesville, Georgia, a speck on the on Defense. I’ve had the honor of serv- tire Nation, and certainly every man map, that because it’s the home of Fort ing with him on the subcommittee for and woman wearing a uniform. Stewart, the 3rd Infantry was expect- over 10 years. I was proud to know Jack Murtha, ing two more brigades, went out and In our dealings over the years, Jack proud to serve in the U.S. Congress built a lot of roads and schools and in- and I did not always agree on policy de- with Jack Murtha. He was a bipartisan frastructure in preparation for another cisions. But I always respected his un- guy. He was a knowledgeable guy. He brigade. deniable dedication and his refreshing was a hardworking guy. And then the Pentagon made a turn candor. The military budget in appropria- and decided not to send it to them. And And there is no doubt that he cared tions is over $500 billion. It is a very who stood up for Hinesville, Georgia? most deeply about the men and women thick bill. You have to know airplanes Jack Murtha. Who did I go to and say, of America’s military and their fami- from submarines, from tanks to battle- Look, if we’re going to make this hap- lies. He understood their challenges ships. Jack Murtha knew that, and he pen, we’ve got to do something to help and their anxieties. And what he did would study it very deeply. these people because the Pentagon has not understand, he actively sought to Jack Murtha, though, beyond being a done them wrong. They stood tall for learn in trips to Defense Department professional Congressman, taught this the military but now the military has facilities, forward operating bases, and Chamber many things. let them down. We’re not going to let military medical centers across the For one thing, I learned as a guy who that happen. And Jack Murtha pulled world. came up through some partisan battles through. Not just on that issue but He served our men and women in uni- and some nonpartisan battles that the time and time again. form diligently and daily in countless

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H801 ways. He worked each week to improve Murtha. Over 17 years ago, I heard Our thoughts and prayers continue to their quality of life. Jack say that his great-grandmother go to Joyce and Donna and Patrick and Mr. Speaker, Jack Murtha loved Con- told him he was put on this Earth to John and so many of Jack’s former gress. He loved Pennsylvania, he loved make a difference—and boy did he staffers and current staffers that are his constituents, he loved the military, make a difference. with us today. and he loved all of these things with a He loved his country and served it Jack, we miss you dearly. passion that exceeded the most ardent with distinction at many levels. He Mr. KANJORSKI. Mr. Speaker, I enthusiast. served in the United States Marine would like to introduce Mr. MIKE But fundamentally, Jack Martha was Corps stateside during the Korean War. DOYLE. Before he speaks a word, he was a Marine—with all of the distin- When the Vietnam War broke out, he commissioned as the jokester of the guishing attributes and characteristics volunteered to go back and served in Pennsylvania Corner purposely to keep that brings. As a former member of the Vietnam and received two Purple Jack in his good spirits during his pres- United States Army, I recall the state- Hearts. ence there. ment of one Army general, ‘‘There are He was the first Vietnam veteran Mr. DOYLE. Thank you, Mr. Chair- only two kinds of people who under- elected to the United States Congress. man. stand Marines: Marines and the enemy. He was the longest-serving Member in I rise to honor the memory of my mentor and my dear friend, Congress- Everyone else has a secondhand opin- the history of the Congress from Penn- man Jack Murtha. This is a tough day ion.’’ sylvania to serve in the House of Rep- My secondhand opinion is that I am for all of us in the Pennsylvania dele- resentatives, and as Mr. YOUNG men- gation. Our State has lost its 800-pound honored to have served with Jack Mur- tioned during his remarks, he never tha. I will never forget his enduring gorilla and our dear, dear friend. forgot the men and women in uniform Jack Murtha personified the people friendship. May the tributes and pray- and made sure that they had the tools ers of so many of our colleagues this of western Pennsylvania, tough, hard- to do the job that they do so well. And working, salt of the Earth. He loved his afternoon here today be a source of our returning veterans as well, he was strength to his wife, Joyce, and to his family. They always came first, his always at the forefront of making sure beautiful wife, Joyce, to whom he was family. they had the proper care and treatment Semper Fi, Jack Murtha. married for over 50 years, his three and visited them so many times at our f children, his grandchildren. Family al- military hospitals. ways came first to Jack Murtha. IN TRIBUTE TO REPRESENTATIVE But he also cared so much about all He loved his country, and he most es- JOHN P. MURTHA OF PENNSYL- of us. Everybody in this body has an pecially loved the men and women who VANIA example where Jack helped them. And wore the uniform of the United States The SPEAKER pro tempore. Under he helped me so many times over the of America. He was their champion. the Speaker’s announced policy of Jan- years, but there is just one that I want There wasn’t any Member in this body uary 6, 2009, the gentleman from Penn- to share with everyone today. who fought harder for those troops sylvania (Mr. KANJORSKI) is recognized After the redistricting of 2000 and than Jack Murtha did. for 60 minutes as the designee of the after the 2002 election, I found myself He loved this institution too. I re- majority leader. serving in a district that was 60 per- member he especially was helpful to Mr. KANJORSKI. Mr. Speaker and cent new to me, and I inherited one of new Members. When I got elected in colleagues, I rise today to honor our the best medical facilities in the Com- 1994, Jack took me under his wing and friend and one of the outstanding Mem- monwealth of Pennsylvania—and actu- one day he sat me right back there in bers of this House, Jack Murtha, who ally in the entire country—the Penn the Pennsylvania Corner, right next to represented Pennsylvania’s 12th dis- State Milton Hershey Medical Center. his chair, and he said, I am going to trict, and to remember his devotion to And after meeting with the leaders at give you two pieces of advice. He says, his work in this Congress, his strength the Penn State Milton facility and see- number one, sit here on the floor and of character, and his hard-fought ef- ing the quality of care that they pro- learn the rules and the procedure, be- forts for his district in Pennsylvania vide, he said, There’s one thing that cause if you master the rules and the and our country. we’re missing. We’re missing a cancer procedure of the House, someday Additionally, I feel privileged to have research and treatment institute. you’re going to get a chance to offer a called Jack my friend, and I know that b 1730 bill, and the people that understand many other Members in this Chamber the rules will always win. People that we serve, when they are feel the same way. He said, secondly, find out what you As first votes were called this week diagnosed, all too often have to go to are passionate about and be the best and Members gathered on the House Philadelphia or Pittsburgh or Balti- person you can be in that field. Be the floor, it was very apparent to most of more for care. We need to have a facil- person that other people come to and us that someone was missing. I walked ity for literally millions of central ask for advice on that issue. in on Monday almost expecting to see Pennsylvanians, and we, Penn State, I never forgot that advice. Sixteen Jack seated in the far chair in the are willing to put up more than our years later, every day, we still come Pennsylvania corner as I had seen since fair share or more than the majority of over to that corner, and those of us I had first joined Congress 25 years ago. the cost, but we are about $35 million who were smart enough would come While Jack is no longer with us, his short of getting there. over there to seek Jack’s counsel. He spirit will live in this Chamber and in I went to see Jack. I brought him to didn’t just do it for the members of the the Halls of Congress. For now, the Hershey. He looked around at the qual- Pennsylvania delegation, he did it for chair will remain empty, as he could ity of care that was provided, made an anyone who was smart enough to come never be replaced. agreement and said, it won’t happen in back there and introduce themselves to Jack left us too soon. But his legacy 1 year or 2 years, but it will happen. Jack and seek his counsel. It didn’t will surely live as a symbol of the great We, the Federal Government, will be a matter what their party affiliation was work that one man can do and is some- partner and the people of central Penn- either. thing that we can all strive to achieve. sylvania no longer will have to travel Much has been said about Jack’s He will be sorely missed by all of his to Philadelphia or Pittsburgh or Balti- ability to work across the aisle. He fellow colleagues, his friends, and defi- more. truly did. When he chaired the Defense nitely, the Pennsylvania delegation. I am proud to say today that as a re- appropriations committee, it didn’t Mr. Chairman, I’d like to yield to the sult of Jack’s efforts and his desire to matter to him what your party was. gentleman from Pennsylvania (Mr. help me, we have the best quality can- What mattered to him is that you had HOLDEN). cer care in central Pennsylvania. All of something that was going to be good Mr. HOLDEN. I thank my friend from us could cite incidents like that where for the troops and good for the country, Pennsylvania for yielding. Jack cared about Members and did and if you had a good idea, Jack was Mr. Speaker, today we pay tribute to things to affect the quality of life for willing to help you turn that idea into our departed friend and colleague, Jack their constituents. reality.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H802 CONGRESSIONAL RECORD — HOUSE February 24, 2010 When you think about the appropria- Mr. KANJORSKI. Mr. Speaker, Mr. KANJORSKI. Mr. Speaker, I tion bills and how long it takes us Jack’s chairman as chairman of the would now like to yield to the gen- sometimes to pass bills and how long Appropriations Committee, DAVID tleman from Indiana (Mr. VISCLOSKY). that we go sometimes without passing OBEY. Mr. VISCLOSKY. I thank the gen- bills and have to throw them in an om- Mr. OBEY. Mr. Speaker, this is a tleman for yielding. nibus at the end of the year, there was very human institution, and it’s af- I would like to take a bit different always one bill that we never had a fected very much by our personal rela- tack because I met Chairman Murtha problem passing. I can’t remember in tionships with one another. Very for the first time in 1977 when I was an the 16 years that I have been here in frankly, for the first 20 years that Jack associate staff on Appropriations. My the House of Representatives it ever and I served on the Appropriations Member and my mentor, Adam Ben- taking more than 10 minutes to pass Committee, we were often adversaries. jamin, Jr., was a member of the Appro- the Defense appropriations bill. Jack There were some issues that we dif- priations Committee that year. Mr. just had it all worked out from the be- fered on. He was, as has already been Murtha, Mr. CARNEY, Mr. Benjamin and ginning, and he worked it out with said, very much old school, and I was others were instrumental in that year, both sides. That was the beauty of it. more of a reformer. not only in that appropriations proc- You know, it was said that when In fact, when I ran for the chairman- ess, but in also establishing the Steel Jack wasn’t in the majority anymore ship of the committee against a senior Caucus, because they were very con- and not the chairman of the com- member of the committee, Jack man- cerned about people who worked in mittee, it was hard to tell who was the aged the campaign of my opponent and, their district. chairman of the committee, because unfortunately, he did a pretty good job. What I took away as a staffer from Jack and his good friend, BILL YOUNG, After I was elected, we had pretty that relationship with Mr. Murtha is they worked together as a team. They much an arm’s-length relationship for the fact that he always treated me and were both the Chairs of the committee a couple of years. every other staff he came into contact every year, regardless of what party But if you care about your country, with with respect. He always heard was in control. It was his dear friend, and you care about this institution, what I had to say and what other staff and it was a pleasure to see those two you swallow your differences and you had to say, whether, as Mr. OBEY im- work. learn to work with everybody. Jack plied, he always agreed with you or To sit on these opposite ends, we and I soon had developed a solid work- not, and he always treated you very hear so much rancor in America today ing relationship, and we became allies professionally. about the division in our country and on a host of issues. One of our most im- I had no conception during those 6 the division here in the House of Rep- portant was our view of the war in Iraq years working as a staff member that resentatives, how Democrats and Re- and how to get out of it; and another the time would come that I would serve publicans can’t work together. These was our concern about the dubiousness as a colleague on the committee with two gentlemen worked together their of our continued involvement in Af- Mr. Murtha, would serve on the sub- entire careers. They were an example ghanistan if we didn’t have a better committee, and would be blessed for the rest of us to follow. ally in that government to rely upon. enough to call him a friend. He was a Jack Murtha is not with us anymore. We often talked together, and we friend to every person he encountered. It’s hard to imagine coming to the traveled together. We went to the Mid- He was a good friend to the people he Pennsylvania Corner, and I think the dle East together. We shared some- represented, because he was most con- toughest thing for all of us this week thing special as well in a different cerned with those who worked hard, was to stand in that corner and see place on this globe. A few years ago, he who needed a job or who needed a hand that chair empty and know that our and I and Dave Hobson and our staffs up. friend wasn’t coming in. It’s going to became concerned about the visitors Our country is much richer because take us a while for that to sink in that center at Normandy. It was really pret- of that attitude that Mr. Murtha car- it’s really happened, but one thing ty much of a cracker box affair, and it ried with him every day, and the world lives on. Jack would want us to move was not at all fitting to the history of is certainly a much better place than it forward. Jack wouldn’t want us to that place. So we determined that would have been had he not walked spend a lot of time dwelling about him there ought to be a new visitors’ center among us. or how we feel because he is gone. at Normandy. With the three of us The fact is, as far as his activities on Jack would want us to get back to working together with our staffs, that the Defense subcommittee, and my work. He would want to make sure that visitors center was built. Member was a former marine as well, I we were working for this country and Today, if you visit it—and it’s truly was always struck that while some for our districts. He always told every beautiful—there is a little plaque be- people are very focused on weapons Member that came over there, vote hind that visitors center in front of a systems, Mr. Murtha, while never los- your district first. Regardless of what small tree with the names of Murtha, ing sight of the big picture, was most anybody tells you on this floor, you OBEY and Hobson on it. I know I am concerned about that individual man vote your district. I watched Jack Mur- proud of that, and I know Jack was or woman who was in the field, who tha chase some of the leadership of our proud of that. I think it symbolizes was risking their life and who was serv- party back from Pennsylvania Corner what happens in this place. Two people ing our country. As he would suggest, when they were trying to make some of who started out as adversaries became operation and maintenance, how you our members not vote their districts. reasonably good friends, never fully train, how you provide for their safety, Jack made sure that that didn’t hap- agreeing, because no two people in this how you equip that person and their pen. place ever agree on everything, but we family and those children was the most Jack, we’re going to miss you. had a solid working relationship. important thing for him. You’ve been a great teacher. To those I learned one thing about Jack a long He taught me many valuable life les- of us in the Pennsylvania delegation, time ago. He had the courage of his sons. I am a better person, and we are you were a great friend, to many of us convictions, and he fought hard every all better people because of Mr. Mur- a father figure. We stand here today to way he knew how for those convic- tha. He will be greatly missed, and I honor your memory and to pledge to tions, and he cared deeply about the deeply appreciate the gentleman from you that we will continue to work hard welfare of the men and women who Pennsylvania for this opportunity. in your memory and make sure that served in the Armed Forces and defend the people of western Pennsylvania and this country’s freedom. b 1745 the great State of Pennsylvania con- I am proud that at Normandy there is Mr. KANJORSKI. Mr. Speaker, I now tinue the tradition that you set for all that little note of the three of us hav- yield time to the gentleman from west- of us, the example that you set for this ing gotten together, all for one pur- ern Pennsylvania, one of Jack’s prodi- delegation. pose, to honor the people who did so gies, JASON ALTMIRE. To his family, our deepest sym- much on those beaches to build and Mr. ALTMIRE. I thank the gen- pathies. Jack Murtha, Godspeed, God preserve America’s freedom and the tleman from Pennsylvania and I thank bless. freedom of the world. everyone who has spoken tonight.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H803 I want to talk about western Penn- America has lost a great patriot. The He wrote a book, and on these flights sylvania and what Jack meant to west- Congress has lost one of its giants, one I was privileged as he would go through ern Pennsylvania, his home region and of the most knowledgeable Members on it with me. His favorite book of all my home region. national defense ever to serve here, time was ‘‘War and Peace.’’ He cared as A lot has been said over the past few whose service spanned four decades and deeply about peace as he did about weeks, and certainly tonight, about the eight Presidents and Members from making sure that we protected our impact that this ‘‘giant of the Con- both Chambers and on both sides of the troops when they’re in the field and gress’’ made on this institution, that aisle. took care of them when they came he made on this country, and certainly Our hearts go out to Joyce and the home. the impact that he had on the Amer- family. We in this body have lost a per- He will ever stand out in the minds of ican military, and there is nobody here son that makes the very essence and Americans for standing up and speak- that supported them more than Jack fabric of being here so rich and reward- ing out against the war in Iraq, an Murtha. ing; it was evident in listening to our issue that he struggled deeply with. I wanted to talk about the impact he colleagues, listening to RODNEY and But as so many great Americans on had on his home region. I am fortunate BILL and JACK KINGSTON talk about Mr. this floor and in this Chamber and enough to represent a district that is Murtha. His death is a reminder to us around this Nation, he found that pro- intertwined, due to gerrymandering, all that our time here and all that we file in courage to stand up and speak with Mr. Murtha’s district, the district hope to accomplish is fleeting. As he out. that he represented for so many years. would say, make the most of it while Democrats, I dare say, would not be I was born in a hospital that is in the you’re here; become expert in a field; in the majority if it were not for Jack district that he represented. I grew up but most of all, stand up for what you Murtha leading the way and speaking in a town that is in the district that he believe. out, because he is a soldier’s soldier. represented. And I can tell you that we Jack reminded me in so many ways And he was respected on both sides of have lost a giant in this Congress and of my grandfather, with that shock of the aisle, as you’ve heard this evening. we have lost a giant in this country, white hair and piercing blue eyes and But as one commentator said, when but we’ve lost a giant in western Penn- his way of questioning, but also his in- Jack Murtha speaks, he speaks for sylvania. He will not be forgotten in credible Irish wit. He loved Congress. America, and he did. his home region. He was the epitome of what so often is How proud he was to receive the John And it should not be forgotten that talked about in terms of bipartisan co- Fitzgerald Kennedy Profile in Courage this is somebody—and we talk about operation and was so often dem- Award. But his life was not only about the work that he did as a member of onstrated between him and BILL YOUNG speaking out; it was about the day-to- the Appropriations Committee. He put, or Dave Hobson. When he gave his day work, the belief that he had in the over the course of his career, $1.5 bil- word, he kept it. men and women who serve and the peo- lion into breast cancer research. He put He was a Member’s Member, ever ple that he was sworn to serve from his nearly $1 billion into diabetes research cognizant of what he could do to help district, and about the men and women as a member of the Appropriations you. And while he was a tough ques- who work here. He loved this institu- Committee. I don’t think that there is tioner and firm in his convictions, he tion. God, how everyone liked to come anybody in this Congress that has a had an incredible heart and a deep love over to the corner. It seemed as though record that can match what he has of history. He loved to talk about Tip people were going over there either to done in promoting health and pro- O’Neill and the good ol’ days here. hear confessions, seek advice and, most moting wellness—yes, in our military, I was fortunate to travel overseas but across all segments of society. And with Mr. Murtha four times. Some- often, to check in on how their projects again, this is somebody, as Congress- times I thought I drew the short straw were doing. But he did it with wit, de- termination, and guile, and a deep love man DOYLE talked of earlier, that epit- in the Pennsylvania corner because omizes the work ethic that represents Jack, when he took a trip, it was all and abiding respect for his country. western Pennsylvania and the con- work; up at 6, he was in bed by 7. There For me personally, one of the great stituency that we represent. were no PowerPoints, and he looked honors of being a Member of the United I am fortunate to have known Mr. people dead in the eye. And he always States Congress will always be to say I Murtha. I count him as a true cham- made sure that he spoke to the enlisted had the opportunity to serve with Jack pion of the region that I grew up in and men because he cared most about Murtha, a great American. somebody who will never be forgotten. them. A decorated hero, two Purple God bless you, Jack. God bless Joyce There will never be his like again in Hearts and a Bronze Star in Vietnam, and your family. western Pennsylvania, in the Congress, the first Member from that conflict Mr. KANJORSKI. Thank you very or in the country. and veteran elected to the United much, Mr. LARSON. I thank the gentleman from Pennsyl- States Congress. I now yield to the gentleman from vania for the time. Personally, a young man from East Pennsylvania (Mr. CARNEY). Mr. KANJORSKI. I would now like to Hartford, my hometown, was wounded Mr. CARNEY. Thank you, Mr. KAN- yield to part of our leadership, Mr. in Fallujah. He was in bad shape. He JORSKI, the new dean. I know that is LARSON. was sent back here, and his brother probably a hard title to accept now Mr. LARSON of Connecticut. I want who was fighting alongside him, a fel- under these circumstances. to thank the gentleman, the Dean of low marine, was back there. Jack Mur- It’s interesting, I was listening to the Pennsylvania delegation, for hav- tha got on the phone and made sure Mr. LARSON speak, and I truly wish ing this opportunity for Members to that those brothers were united at Be- that every American had the oppor- speak about a great American and thesda along with their parents. tunity to be in Johnstown on Monday someone who was so near and dear to I remember him counseling a father night last to be part of the wake we all of us. and his teenage son over at Ramstein had because it was truly a celebration I want to commend MIKE DOYLE, BOB Hospital in Germany. They had just of a man who deserves to be celebrated, BRADY, PAUL KANJORSKI, the entire del- lost a son. I don’t know where Jack got but it was very striking in the biparti- egation for last week making sure the strength or that reservoir of cour- sanship that was displayed there. that, aside from the formal services age to comfort and console the father Friends on both sides of the aisle came held for Mr. Murtha in Johnstown, and son, but he did, in almost Father to honor the man who was—and the Pennsylvania, there was an oppor- O’Malley quality. word is not overused in this case—a tunity for an Irish wake afterwards. He cared so deeply about the troops giant, who knew how to fight for what Jack, I know, would have been very that serve this great Nation. And as he believed in, but also knew the art of proud of that. I am sure he got quite a BILL YOUNG pointed out, he and BILL the possible. chuckle with Tip O’Neill up in a higher made more trips out to Bethesda and One thing Jack taught me a long place at the coming together of so Walter Reed with no publicity. They time ago is that we are judged on this many Members and regaling with so did it out of duty and honor and re- Earth not by what we don’t do, but many stories of Jack Murtha. spect for those who serve. what we do. That is how I think we all

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H804 CONGRESSIONAL RECORD — HOUSE February 24, 2010 have to proceed as Members of Con- the Walter Reed military hospital to Mr. Speaker, I yield to the last of the gress in this body that we are privi- see the men and women, our country’s Pennsylvania delegation, Representa- leged to be elected to serve. And here is heroes, when they came back. When tive DAHLKEMPER of Erie. a man who fought for everything he be- they gave it all on the battlefield and Mrs. DAHLKEMPER. I thank the lieved in. they came home, he was there for gentleman, our new dean of the delega- Back in 2006, a number of us had the them. tion. privilege of meeting Jack. He became As for his time in the Congress, he I join my fellow Pennsylvania mem- our mentor when we came into power was proud of the family that made up bers and all of those who are here to- as the majority party again. And it was ‘‘team Murtha’’—the folks who served night to honor Jack Murtha. I am his leadership, his tutelage, and his with great honor and distinction, not deeply honored and equally saddened to guidance that got us here. And the fact just to the constituents of the 12th stand here in tribute to our colleague of the matter is, when you came to Congressional District of Pennsyl- and to my friend, the late Jack Mur- Jack with a problem, especially one vania, but also to the citizens of the tha. I am the youngest—or the newest that dealt with the troops, he was United States of America. member, I should say. I am not the going to take care of it. I am a person who often says that youngest. I am the newest member of Before my tenure here in Congress I budgets are moral documents. If you the Pennsylvania delegation. I’ve been was a professor at Penn State, and I want to see someone’s priorities, you here just 14 months. had a student who was deployed to Iraq look at his budget, whether it’s a fam- Yet, from the first day that I stepped in the first wave of the invasion. He ily’s budget or a country’s budget. onto this floor, Jack Murtha was a came back from Iraq and told me that, Well, the fact is that Jack Murtha friend, was a mentor. He welcomed me When we were there, we had to go made sure that our troops had every- into the corner, the famous Pennsyl- through Iraqi junkyards to find scrap thing that they needed. If our vania corner which I had heard so metal to lob onto our trucks for more warfighters were going to put their much about. He welcomed me gra- protection. When I told Jack that lives on the line, if they were going to ciously, sharing his wisdom, sharing story, that kind Irish face of his hard- be willing to take a bullet to keep our his intellect, his wit, his humor. ened, those blue eyes didn’t twinkle families and our country safe, Jack He would say, Hey, kid. How ya quite as much, and that grin firmed up. Murtha did not want a fair fight. Jack doing? He said, By God, we’re going to fix Murtha wanted to make sure that our Jack and I, I think, quickly devel- that. And by God, he fixed that. troops had a tactical and a technical oped a very special relationship. I saw Jack, we are going to miss you. We advantage on that battlefield. Jack him sort of as my father on the floor, are going to look back in that corner. Murtha also wanted to make sure that the person I could turn to. He was a We are going to know that we are not the Congress of the United States and mentor, always offering me that ad- whole just yet, but we will remember our country’s policymakers also had vice. Jack Murtha made sure that, as a the lessons you taught us and the lead- the right war policy for those troops. new Member, I knew my constituents As JOHN LARSON said earlier, when ership you provided. had to come first, that you represent Jack Murtha spoke about calling for a Godspeed, soldier. the people who brought you here in timeline to bring our troops home from b 1800 every vote. Iraq, it sent shock waves, not just He was enormously helpful to all of Mr. KANJORSKI. Mr. Speaker, I rec- across our country but around the us here. Certainly, if I had a question ognize the gentleman from Pennsyl- world, that he was going to stand up or a concern or an issue in my district, vania (Mr. PATRICK J. MURPHY). for principle and do the right thing. I’d first turn to Jack Murtha and get Mr. PATRICK J. MURPHY of Penn- That is the kind of marine, that is the his advice on how I should proceed. sylvania. I thank the gentleman from kind of leader that Jack Murtha was. Pennsylvania and now the dean of the It was no surprise to many of us who In November, I am so grateful that I delegation. had watched him throughout the years was given the privilege to travel with I want to echo the comments of my when he was awarded John Kennedy’s Jack Murtha to Afghanistan over the classmate, Congressman CHRIS CARNEY, Profile in Courage. He was so proud of Thanksgiving work period. We went to also from Pennsylvania. When we came that award because he knew what that visit our troops abroad. To be with him in together, he was really our mentor, award represented—the fact that he, a and to see how he interacted with our and he was a great man. I thought it guy who had grown up in Johnstown, troops was just a wonderful experience was fitting, when we heard earlier Re- Pennsylvania, had finally made a dif- to be a part of. In seeing his ques- publicans talking about the honor to ference. tioning of those in charge, I learned a serve with a great patriot like Jack Lastly, we all know Jack to be the lot from him over that trip—how to do Murtha, the fact that he always family man that he was. The fact is he a CODEL, how to do it right and how to reached across the aisle. The pall- was most proud of his wife, Joyce, of come back with the information that bearers at his service last week were his kids and of his grandchildren. He’d you need. There was no better person both Democrats and Republicans. They be here at the Capitol so early, by 6:00 to really take that journey with than were coming together to be those pall- in the morning at least. Then when Jack Murtha. bearers in that final service. we’d have late votes, at about 7:00 or His mere presence in Afghanistan and In that service last week, we heard 7:30, you could see him fidgeting. We everywhere we went on that trip com- how Mrs. Bair told a young Jack Pat- used to joke with him. manded respect from everyone we en- rick Murtha that one person can make You’d hear Bob Ray ask, What’s the countered, and his keen insight and un- a difference, that one person can matter? Does Joyce have pork chops derstandings of the needs of our troops, change the world. Whether it was in going on? You know, why do you want I think, was appreciated by everyone. the Marine Corps, in the Congress of to rush out of here? All of those whom he touched there the United States, or within the Mur- He’d say, I’ve got to get home. knew that he had one interest, and tha Family, Jack Patrick Murtha cer- He wanted to make sure that he was that was to take care of those who tainly did make quite a difference. home so he could be there with his were there serving our country. In the military, he was proud of his family to have a meal. Jack Murtha was a true patriot. He over three decades in the Corps. He was I believe that John Patrick Murtha loved his country, and he believed in proud that he was the first combat ma- and his service that he gave to our the value of public service. His passing rine to serve in the United States Con- country as a marine, as the chairman, is a great loss for the United States of gress. He was proud when he had given and as a family man is a testament to America. It is a great loss for the Com- a knife to a current commandant of the his life’s work, which is that one man monwealth of Pennsylvania. It is a Marine Corps, General Conway. Gen- can make a difference. great loss to his district. It is a great eral Conway talked in the service last God bless you, Jack Murtha. loss to all of us who served with him in week about still having that knife. He Mr. KANJORSKI. Thank you, Mr. the House. I am grateful to have served was also proud to go down the street at MURPHY. with him.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H805 God bless Jack Murtha. God bless his Corps, serving as a drill sergeant at Parris Is- Mr. KANJORSKI. Thank you very family—his wife, Joyce, his children land, South Carolina, the home to many of our much, Ms. KILPATRICK. and his grandchildren. Marines. In 1966, Chairman Murtha volun- Now we will hear from the gentleman Mr. KANJORSKI. Thank you, Mrs. teered for active duty in the Marine Corps, from New York (Mr. HINCHEY). DAHLKEMPER. joining his brothers in combat. Chairman Mur- Mr. HINCHEY. Well, thank you very Now we will hear from the gentle- tha earned two Purple Hearts, a Bronze Star much. woman from Michigan (Ms. KIL- and the Vietnamese Cross for Gallantry in I just want to express my deep sense PATRICK). Vietnam. Chairman Murtha served in the Ma- of sadness for the loss of a very dear Ms. KILPATRICK of Michigan. Mr. rine Corps in the reserves, and retired as a friend, someone for whom I had a great Speaker, I, too, come to pay homage to Colonel. deal of respect and admiration. I know a giant—to our leader, our chairman, Chairman Murtha, after active duty in Viet- that sense is not unique. It is shared the epitome of a public servant. All of nam, became active in politics and was elect- and expressed by a great many of other us feel like he was our best friend. ed to Pennsylvania’s House of Representa- people. Of course, the reasons for that As the newest member of the Defense tives. When Chairman Murtha was elected to are the interactions that he had with Appropriations Committee, I was in Congress in 1974, he was the first Vietnam so many of the people. It is the involve- awe as I watched the chairman yield, era veteran elected to Congress. Chairman ment that he had and the way in which educate, speak, and do what he did so Murtha was a dedicated and devoted servant he provided leadership and direction that all of the members on our sub- to the people of Pennsylvania’s 12th Congres- for a great many. I knew him for a lit- committee, on both sides of the aisle, sional District. We all know Chairman Murtha. tle more than 17 years but not very could participate in the process. What many people do not know is how closely until the last year and a half or Chairman Murtha held 32 hearings Chairman Jack Murtha fought for pay raises so, and that was because I now serve on before we even got to the appropria- for all members of America’s military. How the subcommittee that he chaired, the tions bill last year. I was at every one Chairman Murtha demanded accountability Subcommittee on Defense. of them. To watch him and to watch from all our Presidents on the number of con- I felt a great sense of admiration for the prestige and the honor that he re- tractors in Iraq and Afghanistan. What many him, for the focus that he had on the ceived as well as gave to those who people do not know is how Chairman Murtha work that he had to do and for the way came before our subcommittee was as- took a young Member of Congress aside and in which he did it so very, very effec- tounding. Chairman Murtha welcomed taught her or him how to get things done. tively. I could understand why, because me into the group. It is a prestigious What many people do not know is that Chair- that was the simple nature of the man, group. In my 32 years of public service, man Murtha was feared, and also respected; and it was the kind of thing that he Chairman Murtha was intimidating and also there has been none like it. had done all his life. I honor you, Jack Murtha, for your loved. There is a reason that just over my He served in the military, and was a wisdom, your courage. It has already shoulder, on the House floor, a flag hangs in great exemplary of strength, and respect, love and admiration in the seat that been said—and I akin myself to all of honor, and courage, and he had done Chairman Murtha called home for more than my colleagues who have come before the same thing during his tenure here me, but the redundancy needs to be three decades. Chairman Murtha’s respect went far beyond in the House of Representatives. He said over and over again—that our the confines of the House Appropriations served with strength, and honor, and country has lost a giant. This institu- Committee on Defense. When our Nation’s courage. He did a great many things tion will never be the same. We will warriors go to fight for us, they deserve noth- for the district that he represented, a strive to carry the torch and passion of ing but the best in return. That was Chairman great many things for Pennsylvania, Jack Murtha, those of us on the com- Murtha’s goal for the men and women of our but also a great many things for many mittee, on the full committee, and in Nation’s military. Chairman Murtha, very sim- places across this country. I know that this Congress on both sides of the aisle. ply, made things happen. You know what? he did a great many things in helping We love you, Jack Murtha. I pledge Most of the things that Chairman Murtha made me. to you, as I do my work here in the happen never made the pages of the news- So, again, I want to express my deep United States House of Representa- paper. They were not in a sound bite on tele- sense of gratitude for Jack Murtha, my tives, it is because of you and others vision or on radio. But each and every Mem- deep respect for him and this deep, un- like you who showed me and helped me ber who walks these halls know that Congress expected sadness in his leaving us. I ´ ´ to become that defense protege, if you is a lot emptier and things will not be done as had thought that he would be here for will, who will speak out, who will pro- quickly or as well since the loss of Chairman a long, long time. Nevertheless, we will tect our men and women in uniform Murtha. I do not believe that it is an under- continue to have the strength that we and our entire United States of Amer- statement when I say that the reason why our have had as a result of our interactions ica. So rest in peace, my great warrior. troops in Iraq are coming home today is be- with him. We will be much more effec- To his family—to his children and cause Chairman Murtha, warrior, statesman, tive, much more knowledgeable, and grandchildren—know that you have a and lover of his men and women in combat, there will be a continuation of positive friend in all of us. We have adopted you said ‘‘enough.’’ things done here. A lot of those posi- into our family. Let us speak and serve Chairman Murtha knew defeat and victory. tive things will be as a direct result of and reach and grow and build a new Chairman Murtha loved the institution of Con- the leadership and of the examples set United States of America as Jack Mur- gress, he loved his family, he loved his Ma- by Jack Murtha. tha has held us to do. rines, he loved his service members of our na- Thank you, Jack, for everything that God bless you, Jack. We will never tion’s military, and those individuals who vol- you’ve done. forget you. unteer to put themselves in harm’s way to de- Mr. KANJORSKI. Thank you very Warrior. Statesman. Husband. Father. Leg- fend our Constitution. Chairman Murtha de- much, Mr. HINCHEY. islator. Chairman John P. Murtha was the epit- fended our Constitution as a Marine in combat Now we will hear from the gentleman ome of the best of what our nation’s military in Vietnam. Chairman Murtha defended our from Georgia. and this Congress does. As one of the seven Constitution as a Member of Congress. Chair- Mr. BISHOP of Georgia. I thank the people in the history of our country selected to man Murtha will continue to guide the spirits gentleman for yielding and for allow- Chair the House Defense Appropriations Sub- and souls of us all as we work to solve the ing me to participate in this tribute to committee, Chairman Murtha comes from a problems of America. Because that is what our great friend. family with a long and stellar line of service to Chairman Murtha did—solve problems. The poet wrote that the lives of great our country. Chairman Murtha’s great-grand- Chairman John Patrick Murtha, rest in men all remind us that we can make father served in the Civil War. His father and peace. To his wife and family, know that we our lives sublime, and departing, leave three uncles served in World War II. Chairman will always honor and cherish his memory, behind footprints on the sands of time. Murtha, along with his brothers, served in our and we thank you for sharing him with us for Jack Murtha was a great man, and nation’s military during the Vietnam War. His more than three decades. The heart of a lion he, indeed, left indelible footprints. He sons served in the military as well. Of course, that once roamed the halls of Congress is lost, left footprints on his beloved district in we all know that Chairman Murtha went in as and I will miss his kind heart, his vivacious Pennsylvania with all of the projects an enlisted man in the United States Marine spirit, and his intelligence forever. and all of the things that he did for his

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H806 CONGRESSIONAL RECORD — HOUSE February 24, 2010 constituents there over the 36 years of We express our sympathy to the fam- of gold. He really cared about people. service he gave. ily, friends, and all of those who Jack He cared about the men and women in He left footprints on the Department Murtha championed who don’t know our Armed Forces. He cared about his of Defense and on the men and women what he did for them and what he did colleagues. And he cared about his con- who served in our military and their for America. What a loss. stituents greatly, especially in his families with all of the care and the Mr. KANJORSKI. Mr. Speaker, I hometown of Johnstown, Pennsyl- concern that he put into making sure yield to the gentleman from New Jer- vania. that they had everything that was sey (Mr. PASCRELL). I really didn’t get to meet Jack Mur- needed to carry out their missions and Mr. PASCRELL. We who worked tha until I was elected in 2004, but I that they got what they needed when with Jack Murtha day in and day out feel like I really started to get to know they returned home. really appreciated his deep respect for him before that. In 2000 I started dat- b 1815 this institution. ing Judy, who is now my wife, and she In a time when we see the demise of is from Johnstown. Her family is still He left a footprint on this institution institutional respect and ritual, he en- in Johnstown. So I would go to visit with the leadership and the example joyed the ritual of this House, just as Judy’s family in Johnstown and I that he set for all of us as a bipartisan he enjoyed the ritual of serving his would hear people talk about Jack collegial representative. To watch the country as a marine. He enjoyed the Murtha. I would see what Jack Murtha interaction between Mr. Murtha and ritual of marriage. He was honorable, did for his district. And I knew that his Mr. YOUNG and to be able to feel and to he was devoted, and he was faithful; a constituents, especially the people of see the genuine friendship and mutual faithful brother who served his country Johnstown, loved Jack Murtha. respect that they had for each other and asked nothing in return. Man, that When I was elected, I would often go was a lesson every day in the is different in this city. say hello to Jack over in the Pennsyl- collegiality and the civility that Mem- Jack and I 7 years ago came together vania Corner, just come over to say bers of this institution should carry in in two different paths in order to re- hello, and so many times he would give the traditions of this institution. spond to our soldiers, our brothers and me that smile and he’d tap his col- Jack Murtha made and left indelible league next to him on the shoulder and footprints on the United States of sisters, our aunts and uncles and fa- thers and mothers who were coming say, This guy married a gal from America. He made an impression on all Johnstown. And I always felt a very of us, on his family, Joyce, who was a back from Iraq and Afghanistan with the signature injury of those two wars: close connection to Jack because of mentor to my wife in the Congressional that. Club as Jack was a mentor to me in traumatic brain injury. No contusion, no blood, misdiagnosed, never diag- I feel very blessed to have had the op- this House. I can remember my very portunity in these 5 years to get to first trip to Murtha’s Corner, seeking nosed. And post-traumatic stress dis- order. It was part of my official family. know Jack Murtha and what he did for sage advice, and I can remember the Johnstown. I certainly saw people suf- last trip on his last day on the floor a I knew it firsthand. And Jack said, Why don’t we bring the civilian re- fer through floods, economic turmoil, thousand visits later. and he really cared about the people, search and the military research to- Jack made a lasting impression on and doing all he could for them meant gether. So we set out. Can you imagine us. He was a friend. He was a mentor. a lot to him. He was a Members’ Member. The world going into a war without having ready I will really miss Jack and what he is better because Jack Murtha was how we would help those soldiers com- meant to so many of us. I really think here. This institution and our country ing back? Jack couldn’t. And he did that Jack loved his job because he are better because Jack Murtha was something about it. knew it gave him a great opportunity When you go to Walter Reed Hos- here. to do what he really believed, and that pital, a hospital that was supposed to Someone said you make your living is take care of people, to help people be closed, if you remember, 4 years ago, by what you get; you make your life by out. And this job gave him the oppor- and you see the state of the art, he did what you give. Jack Murtha indeed tunity to do that, and he did it not give up on those soldiers, many of made a life and he made our lives bet- throughout all of his life. And because whom would be dead if it were not for ter for his service. of that I will greatly miss Jack Mur- what he did in getting the resources so Thank you, Jack. Thank you to the tha. Murtha family. Thank you, God, for al- that the state-of-the-art treatment for God bless Jack Murtha, Joyce, and lowing us to know, love, and share the our soldiers would be there. his entire family. life of this very exceptional and re- To his friends on both sides of the Mr. KANJORSKI. Madam Speaker, markable man. aisle, let us remember when Jack we have the Speaker who will be arriv- Mr. KANJORSKI. Mr. Speaker, I would come to the microphone, and it ing and, as I understand it, we have ad- yield now to the gentleman from New wasn’t often, but he came to the micro- ditional Members who will make re- Jersey (Mr. HOLT). phone during appropriations time, and quests to speak for 5 minutes. Mr. HOLT. We will miss Jack Mur- he would say many times to me, BILLY, Ms. LEE of California. Madam Speaker I tha. Strong-willed plain spoken, fear- watch how quick I’m there and I’ll be rise to remember my friend and our dear col- less, dedicated, patriotic, honorable, gone. And you would think the chair- league Congressman John Murtha. and remarkably generous with his man would want to give a dissertation. I was deeply saddened when I learned of time, his wisdom, and his advice. We But he had done his homework. There Congressman Murtha’s death. I share the sen- will not see the like of him. were no speeches that were necessary. timents of my colleagues on the floor today, The descendant of veterans of the He did not mention platitudes. It was and my heart goes out to the entire Murtha American war of independence and the honor, duty, and then a nonpretentious family for their loss. Civil War, he was the champion of the exit. The people of Pennsylvania and of this en- marine, the soldier, the sailor, the Good friend, you are not gone. We tire country have lost a good and faithful serv- flyer. And to me personally he was will remember you and we love you. ant with the passing of Congressman John magnanimous. Mr. KANJORSKI. I yield to the gen- Murtha. When the Speaker created the Select tleman from Illinois (Mr. LIPINSKI). For nearly half a century, whether it was on Intelligence Oversight panel as part of Mr. LIPINSKI. I thank the gen- the battlefield as a Marine, the Pennsylvania the Appropriations Committee and tleman from Pennsylvania for yielding. state legislature or on Capitol Hill, John Mur- asked me to take the chair, Jack Mur- I know a lot of people have talked tha always led with distinction and honor. tha embraced the panel and gave it about Jack Murtha as a giant, and I As a veteran of the Vietnam War, Congress- strength, even though it might have really think that this institution prob- man Murtha served this country courageously appeared to lessen his authority. Of ably will not see another man like and was a staunch advocate for our men and course, nothing ever diminished the au- Jack Murtha in many ways. women in uniform. thority of Jack Murtha. He embodied But I really think what stands out In the House of Representatives he was a authority. More than magnanimous, he most to me and what has come through true leader, and a man of conviction, who was was kind and sharing. here is that Jack Murtha had a heart always willing to share a word of wisdom.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 9920 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H807 He had the courage to call for a withdrawal issued Army policy guidance for cash reim- wife Joyce have supported initiatives to di- of U.S. troops from Iraq long before it was bursements for PDMRA for Reserve and Na- rectly assist breast cancer patients and sur- popular to do so and I will always be grateful tional Guard personnel, which represents a vivors. for his willingness to take such a difficult crucial step in finally resolving this issue. Chairman Murtha was a giant among men, stand. The late Congressman John Murtha has and his lifelong service to our country will be We have lost a friend and colleague, and shown throughout his time in the military and missed. our country has lost a great public servant and in Congress that he is a dedicated leader on Ms. HIRONO. Madam Speaker, I join with statesman. Congressman John Murtha will be fighting on behalf of military families. my colleagues in the House to express my deeply missed. Ms. HARMAN. Madam Speaker, Jack Mur- deep sadness at the passing of one of the My thoughts and prayers are with his wife tha was a paradox: a big man with an impres- most extraordinary members to serve in the Joyce, his daughter Donna, his twin sons Pat sive war record who never wavered from his U.S. House of Representatives. Jack Murtha and John and his three grandchildren: Jack, commitment to the wounded, the disadvan- will be missed as a courageous statesman, a Anne and Clayton. taged, and always challenged those who, in respected colleague, an effective legislator, a It is our charge to ensure that his memory his strong opinion, underestimated the eco- dedicated representative of his constituents in and legacy lives on, and that we continue his nomic and human costs of war. He was a poli- Pennsylvania, a true friend to those who wear fierce dedication, loyalty and love for the brave tician who constantly spoke his mind, and the uniform of one of the U.S. Armed Serv- men and women of the Armed Forces. never worried about ruffling feathers. That’s ices, a treasured friend, and most important as Ms. MCCOLLUM. Madam Speaker, I and rare in today’s Washington. Jack reached out a beloved husband, father, and grandfather. the following members rise in recognition of to his colleagues—not just those who sat near Many of you served with Jack Murtha for the late U.S. Representative John Murtha’s him in the ‘‘Pennsylvania corner’’ on the decades; as a sophomore member of Con- lifelong dedication to members of our armed House floor, but to others whom he respected. gress, I only had the privilege of serving with services: Representative BRUCE BRALEY, Rep- The people of California’s 36th District and I Jack for a little over three years. Despite the resentative TIM WALZ, Representative KEITH are lucky to have been one of those he looked fact that he was one of the most senior and ELLISON, Representative JAMES OBERSTAR, out for. I remember his visit about a decade powerful members of our body, Jack was in- Representative LEONARD BOSWELL, Represent- ago to the Los Angeles Air Force Base Space terested in the needs of my district and helped ative DAVID LOEBSACK, Representative COLLIN and Missile Systems Center, located in my me to secure funding to clean up sites in Ha- PETERSON, and Representative TOM LATHAM. Congressional district. Of course he cared waii impacted by Department of Defense ac- Chairman John Murtha was a passionate about SMC’s mission of development and ac- tivities. legislator and decorated ex-Marine who never quisition of our nation’s defense satellites, he Congressman Murtha’s decades of dedi- stopped fighting for our men and women in also wanted to know about the people of cated service in the U.S. Marine Corps and uniform. In 1974, Murtha, then an officer in the SMC. He met with the generals and staff Reserve and his service in Vietnam gave him Marine Reserves, became the first Vietnam about how things were going, and whether an appreciation of the sacrifices made by the War combat veteran elected to the House of funding was on track, but he also took the men and women who serve in the Armed Representatives. As Chairman of the House time to speak at a ‘‘town hall’’ style meeting Forces. Nothing was more important to him Appropriations Subcommittee on Defense, with the workforce where he thanked them for than the wellbeing of service members and Congressman Murtha was a tireless advocate their service and to check on their well-being. their families. And he and his beloved Joyce for our troops, military families, and our vet- They will miss him. So will I. I hope Joyce and regularly went to visit the wounded at Walter erans on Capitol Hill. At a time when we are his family are comforted by how big the big Reed and other hospitals. mourning his passing, it is important to recog- man’s impact was. Despite his years of service in the military nize Chairman Murtha’s work to ensure that Mrs. LOWEY. Madam Speaker, I rise to pay and his long-time record as an advocate for veterans receive support. The undersigned tribute to the life of our dear friend and col- the military, Jack did not hesitate to speak his members would like to call attention to the league, Chairman John Murtha. Jack was truly conscience. Despite his initial support for the work he did to secure the benefits promised an all-American—a committed public servant, War in Iraq, he became disillusioned with the and earned by 22,000 National Guard and Re- decorated veteran of war, small businessman, conduct of the war and called for the with- serve personnel in our states. devoted husband and father. drawal of our troops. This took great courage In January of 2007, the Department of De- Many have recalled in recent weeks his and, in my view, speaks to the inherent honor fense authorized Post-Deployment Mobiliza- service on the front lines of combat. His expe- of this fine man. tion Respite Absence (PDMRA) program, rience in the military made him a lifelong ad- It is still hard to believe that Jack is gone. which provides additional pay when a soldier vocate for our men and women in uniform and He had such a dynamic presence that it feels deploys more frequently than DOD policy re- a compass for this body when it came to mak- as if he is still here with us—sitting in his cor- quires. For the two years since the authoriza- ing some of the toughest issues we face— ner holding court. In his book, From Vietnam tion of PDMRA, the Pentagon’s implementa- those related to the defense of the United to 9/11, Jack wrote, ‘‘Ever since I was a young tion of the program has been slow and incom- States. boy, I had two goals in life—I wanted to be a plete. As result, thousands of National Guard Jack Murtha exercised his power to protect colonel in the Marine Corps and a member of and Reserve members who have served mul- the country he loved, taking seriously the trust Congress.’’ He achieved those goals and so tiple and extended tours in Iraq and Afghani- of his constituents and his responsibility to the much more. stan did not receive the pay to which they are American people. As Chairwoman of the for- I send my deepest sympathy to Jack’s part- entitled. This problem has affected National eign aid subcommittee and a member of the ner of 55 years, Joyce Murtha; to his daughter Guard and Reserve personnel in every state Select Intelligence Panel, I witnessed firsthand Donna; his sons Pat and John; and his grand- across the nation. Members organized to bring and benefited from his expertise on military children. I join all my colleagues in giving attention to this problem and to find a resolu- strategy, intelligence, and foreign policy. thanks for Jack’s life of service and accom- tion. The undersigned members have sent let- His compassion and commitment to do what plishment. Mahalo nui loa, Jack. ters to the Pentagon, organized events, and was right were equally impressive. On his Mr. SKELTON. Madam Speaker, I rise met with armed services personnel for years broad shoulders, he carried a great burden to today to pay tribute to my friend and colleague and asked for the Chairman’s assistance and not only provide for our troops and our secu- Congressman John Murtha of Pennsylvania. It leadership. rity, but to ensure that we have made this is with a heavy heart that I say goodbye to a Chairman Murtha heard our request and world better and safer, including for innocent friend of more than 30 years. took action. He made phone calls directly to civilians in warzones and vulnerable societies Jack Murtha arrived in Washington to serve Defense Secretary Robert Gates and Army around the world. And, with a heavy heart, he in this House in 1974, just a few years before Secretary Pete Geren. He included language regularly gave his time to lift the spirits of men I had the honor to join this distinguished body. to remedy the delay in the FY10 Defense Ap- and women recovering from injuries in battle, Jack Murtha and I had a lot in common, in propriations bill, and in numerous letters to the sharing with them the appreciation of a grate- our love for the troops and for our country. We Department of Defense since 2007 Congress- ful nation. didn’t always agree, but you always knew that man Murtha supported his colleagues in mak- Finally, I would like to note his dedication to his heart was in every fight he took on. People ing it clear that further delay in resolving this a goal we shared—alleviating cancer, espe- listened to his counsel. He had conviction. He issue was unacceptable to our members of cially those unique to women. He not only inspired respect. the armed services. Because of the Chairman worked to help adapt military technology to aid The kind of respect that Jack Murtha had in Murtha’s support, the Department of Defense in the treatment of cancer, he and his loving this House doesn’t come automatically. No

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H808 CONGRESSIONAL RECORD — HOUSE February 24, 2010 one has it when they take the oath of office for of the Predator UAV, Jack listened to my rea- two days before he passed. A fiercely inde- the first time. It has to be earned. sons and helped me push through the funding pendent-minded public servant, John strived Jack Murtha was no nonsense. Like Presi- that has produced one of our most valuable for bipartisan solutions to our nation’s strug- dent Truman, he didn’t suffer fools. You knew weapons in the War on Terror. gles. He had no fear of partisan attacks and where he stood, and if you were lucky, you When I became chairman of the defense as the Chairman of the House Appropriations had him in your corner. He was a fighter, for appropriations subcommittee, I counted on Defense Subcommittee he courageously his country and for the people of Pennsyl- Jack Murtha to be a partner rather than an ad- spoke out against the Iraq War. His fearless vania. versary when the welfare of our military was calls for the withdrawal of American forces in Jack Murtha was a leader. He loved our on the line. When we urged that the F–22 pro- Iraq, in the face of strong partisan confronta- country. He loved the men and women of the gram be reined in to ensure it was thoroughly tions, earned him the John F. Kennedy Profile Armed Forces, and especially the United tested, Jack was by my side and helped win in Courage Award. States Marine Corps, of which he wore the the day and make that a better airplane. I thank John for his service to our nation. I uniform and served with great distinction. Just weeks ago, Jack and I traveled to- extend my deepest sympathies to John’s wife He also loved the Congress, and under- gether to Afghanistan. We were under tight Joyce, his children Donna Sue, John, and Pat- stood its indispensable role as a co-equal timelines that were influenced by the situation rick, and his grandchildren in this difficult time. branch of our federal government. Anyone on the ground. Although the travel was hard John was a tremendous public servant who watching the House floor could see his leader- and the schedule was arduous, Jack main- exemplified the spirit of America. He will be ship in action, as he held court with other tained the energy and dedication of a man half greatly missed. members in the back corner. A master legis- his age. His unwavering purpose was to learn f lator, he built relationships, mentored other as much as he could, gain as much insight IN MEMORY OF JACK MURTHA members, and conducted the business that from our commanders as possible, and see for runs this institution and plays a big part in run- himself the challenges our country faces in The SPEAKER pro tempore (Mrs. ning this country. that region. HALVORSON). Under a previous order of With the passing of Jack Murtha, we have He was a true patriot, and his passing is a the House, the gentleman from Cali- lost one of the giants of the House. I salute cause for great sadness. This Congress will fornia (Mr. FARR) is recognized for 5 his dedicated service to our country—as a Ma- be a much lesser place without him. minutes. rine, as a businessman and community leader, My wife Arlene and I offer our most sincere Mr. FARR. I live in Carmel, Cali- and as a Member of Congress. condolences to his family, and also to his sec- fornia, and when the phone rang and I Jack Murtha will be deeply missed. My con- ond family—his Congressional staff and the heard that Jack Murtha had died, I dolences go to his wife Joyce, his children Members and staff of the Appropriations Com- couldn’t believe it. I broke into tears. I Donna, Pat, and John, and also to the people mittee. just couldn’t believe it. It was like of Pennsylvania he cared about so much and Mr. BACA. Madam Speaker, I rise today in when I heard my father had died. And represented so well. recognition of a dear friend and colleague, lov- what I did at that moment was I did Ms. WASSERMAN SCHULTZ. Madam ing father and grandfather, and a true Amer- the same thing when my dad died. I sat Speaker, first, let me thank Congressman ican patriot, Rep. John Murtha. down and I wrote a letter to Jack Mur- KANJORSKI for reserving this Special Order John served proudly when called to action tha. Here it is: today to honor the life, legacy and service of in the Vietnam War, and his valor was recog- ‘‘Dear Jack, I can’t believe you’re our friend and colleague John Murtha. nized with the Bronze Star, and not one—but gone. Gone from the Pennsylvania Cor- Our Nation has lost a gifted lawmaker, a de- two Purple Heart awards. ner, from your chair where we would voted public servant and a true patriot. In In all, John spent an astounding 37 years of all come to see you. Each checking in 1974, Jack became the first Vietnam War his life in active and reserve duty service in during floor sessions on your opinion combat veteran elected to Congress. His spirit the Marine Corps. on military issues and Pennsylvania emboldened and his resolve hardened by his In 1974, John heeded another call to duty, politics. And we talked about our service on the battlefield, he became a tireless and began a life of public service here in the issues, about base closure progress, advocate for the people of Pennsylvania and House of Representatives. about programs that were working and all Americans. John served his constituents in Western programs that had problems. Always We all know so well that he never lost his Pennsylvania for an impressive 19 terms. thanking you for your help. Thanking courage and his dedication to our Nation’s se- In Congress, he was respected for his polit- you for your earmarks. I’ll never forget curity, our troops, or their families. Even after ical prowess—and his tireless passion to sup- what you did with your earmark for his election, he continued to serve in the Ma- port America’s men and women serving in uni- breast cancer research, for child care rine Corps Reserves until 1990 as a Colonel, form. centers at military bases, for military receiving the Navy’s Distinguished Service John Murtha was a man who measured our education. More than anything else, Medal. nation’s strength not only military might, but you were concerned about the welfare From my first day here, Jack was always a also in the well-being of our people; and I am of our troops and especially their fami- mentor and a friend. When I was first ap- proud to have served with him in this body. lies. pointed as a Cardinal on the Appropriations The thoughts and prayers of my wife Bar- ‘‘Remember when you got me to go Committee, Jack was right there with sage ad- bara and I go out to Joyce and all of John’s to Walter Reed Hospital and Bethesda vice and a helping hand. His no-nonsense ex- family during this difficult time. Naval Hospital to visit the war wound- terior contained a fiery soul and fierce intel- Mr. QUIGLEY. Madam Speaker, I rise today ed and how we worked to get golf carts ligence the equal of which this body has sel- in honor of Congressman John Murtha, who for disabled soldiers by insisting that dom known. Our Nation is surely better for his passed away on February 8th, 2010. Rep- each of the 177 golf courses operated by service to it and a grateful country grieves its resentative Murtha was an exemplary leader the services have carts for the dis- loss. and an American patriot. abled? Our thoughts and prayers are with his wife Born into an Irish-American family, John left b 1830 Joyce, their children, and extended family dur- college in 1952 to join the Marine Corps. Here ing this time. he would begin his course in leadership, be- ‘‘You always asked me, ‘How is that Mr. LEWIS of California. Madam Speaker, coming a Marine Corps drill instructor. His university that we got at Fort Ord Jack Murtha and I served together in this insti- military career not only led him to receive a doing?’ I thanked you for the help in tution for over 30 years. We disagreed at degree from the University of Pittsburgh, but getting the $65 million to get it start- times over policy and politics, but I am proud also placed him on the front lines of service in ed. Jack, Cal State University Mon- to say that Jack was my friend. the Vietnam War. During this time, he was terey Bay is doing really well, with Throughout my time in Congress, I have awarded the Bronze Star with Valor device, ever-growing enrollment and faculty. never seen a more valiant defender of the two Purple Hearts, and the Vietnamese Cross You can be proud of your role you men and women of our armed forces than of Gallantry. played in converting swords to Jack, nor a more steadfast advocate for our In 1974 John was elected to the U.S. House ploughshares. country’s unequaled national defense. of Representatives and had an extraordinary ‘‘You got really excited when I Years ago, when I was convinced that we 36 year career, obtaining the distinction of showed you what I had done to bring should push forward quickly with development Pennsylvania’s longest serving Congressman all the military missions in Monterey

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H809 County together to form Team Mon- your friends responded without even decorated veteran he identified closely with terey, showing the brochure indicating being asked. The word was out Jack Service members and his tireless efforts to that over $1 billion was spent in Mon- was in trouble, and we responded. see that they were adequately compensated, terey County for the DOD efforts there. ‘‘Jack, you shouldn’t have died. It is well-trained, well-led and provided with the a real shock, not only to you, your best equipment were legendary. As a direct You were going to see if this team ef- result of his four decades of leadership in the fort could be done for your district and friends, and this institution, but to Congress our ability to support and defend for the State of Pennsylvania. your beloved family. You and Joyce our Nation remains unsurpassed. His unwav- ‘‘Jack, you were quite the Zeus. Ev- had such a special partnership. ering support for Defense organizations in eryone came to you, loved you, loved ‘‘I loved accompanying you both on the Ap- the Monterey area was of enormous value to your good nature, your loyalty, your propriations Committee CODEL to California’s the Nation. friendship, your laugh, and your wis- National Parks, the joy you got in seeing how Every American owes him a great, great dom. Remember how you would bet on a former army base in San Francisco could be debt. how long the debate would take on the turned into the Golden Gate National Park, Defense appropriations bills? You al- and even Alcatraz is now a tourist site. You f ways won. I was shocked that the big- loved being a tourist in San Francisco and gest appropriations account in the Fed- Joyce was so appreciative of NANCY PELOSI’s IN MEMORY OF JACK MURTHA eral Government could be enacted with hospitality long before she sought leadership the shortest debate. You laughed and roles. (Ms. PELOSI asked and was given said, ‘All the problems were worked ‘‘While the Democratic Caucus was visiting permission to address the House for 1 out in committee, we don’t need floor Nemacolin Resort in your state you encour- minute.) debate.’ At first I thought it was a aged me to visit the two Frank Lloyd Wright Ms. PELOSI. Madam Speaker, I rise fluke. But over the years, I learned you homes there. Joyce led the tour. She was a to join my colleagues to sing the made it so. model host and a good friend to all. I can’t praises of a great man, Jack Murtha. ‘‘Jack, thanks for coming out to the imagine her life without you, nor yours without Many of us had the honor of calling Monterey Peninsula to visit the Naval her. This has to be as hard for your children him colleague in this Chamber, and Postgraduate School and the Defense as it was for me in losing my mom at an early some of us here had the privilege of Language Institute. You were a good age. Time heals—unfortunately it is going to calling him friend. And when he was listener, and always insisted no take a long time. your friend, you had a true friend. PowerPoints, no BS, just the problems. ‘‘Congress will miss you as a great member Last week, many of us traveled to No one in Congress cuts to the issue and, more importantly, as a caring, sensitive Johnstown, Pennsylvania, to see Jack faster than you. friend. We will try to fill in, but the credibility ‘‘I remember your delight in hearing will be lacking and the outcome less success- put to rest. It was wonderful to hear from an IED specialist just back from ful. the stories of the thousands of people Iraq who asked you, ‘Why don’t we fig- ‘‘Just know you made a difference, a big dif- who showed up to pay their last re- ure out what makes cultures set these ference—out here on the Central Coast of spects to him in Johnstown, the people things off in the first place?’ You loved California—you helped launch a new univer- he knew so well, cared about so much, that thinking. Thanks again for allow- sity, upgrade the Naval Postgratuate School, fought for in this Chamber. His family ing me to ride back to D.C. on Mil Air. and provided the programs that let our stu- was gathered and surrounded by their We brought Paul Stockton along and dents learn foreign languages faster and bet- loved ones and people. The former had a wonderful discussion on Iraq and ter. President of the United States, Bill ‘‘You were the Captain of our ship, and Oh how we might exit. By the way, Jack, Clinton, was there, the Secretary of Captain, you will be sorely missed!’’ Defense was there, the chairman of the Paul is now the Assistant Secretary of I’d like to include the letters from the Naval Defense for Homeland Defense and National Security Council was there, Postgraduate School and the Defense Man- representatives of the President’s cabi- Americas’ Security Affairs. I know how power Data Center in Monterey in sympathy. much you respected his insight. net, and planeloads of his colleagues ‘‘Thanks, Jack, for always asking me NAVAL POSTGRADUATE SCHOOL, who came from Washington or drove Monterey, CA. from home. for copies of photos I took, not of you, Congressman Murtha was a true servant to but of your staff. I remember the photo the public, a throwback with few peers At that time we laughed and we of John Hugya when he was your dis- matching his length of service to the U.S. cried, and we tried to understand why trict director taken with President House of Representatives. Service to his na- this had happened. Jack’s wife Joyce, Clinton. You insisted I give it to you tion was perhaps a constant throughout his who is very strong, said to me, ‘‘Jack for him. Remember the time you hung life—not only is he one of our nation’s long- would have wanted it this way. He up on a President when he called you? est serving representatives, he was also a re- tired Marine Corps colonel, joining the serv- went out at the top of his game.’’ You had guts. ice in 1952 during the Korean War out of a Joyce is very strong. We went there to ‘‘I remember going to your district deep sense of obligation to his country. console, and we came back consoled by and being in a meeting with the area Congressman Murtha also served as Chair- Jack’s strong family. economic development folks. You were man of the Defense Appropriations Sub- I told them in my remarks about giving them the Washington update. It committee—and was the ranking Democrat Jack holding court in the Pennsylvania was cold and wet, but full of people. I on the committee for nearly two decades— Corner in this Chamber. There isn’t an- admired how devoted they were to you. which put him in a position to impact so other corner that I know of that has its And I took pictures, which you wanted many communities far beyond Pennsylva- nia’s 12th District. own name and its own presiding officer. to pass on to them. Seeing the country- That impact was felt here at the Naval But Jack held court there, and Mem- side and the poverty of the area made Postgraduates School, where he was a friend bers from across the country and me realize how lucky I was to rep- to NPS. He believed in the value of graduate across the aisle came to visit him, to resent my district. You really helped education for military officers and was con- ask his blessing on their endeavors, people in need. That is why you are sistently and particularly supportive of NPS and to just be encouraged, and some- loved in your district and here on the over the years. Congressman Murtha recog- nized the value of the NPS MISSION in sup- times supported by him. The cluster floor of the House of Representatives. porting our military forces and NPS unique around him were Pennsylvanians and ‘‘The House Chamber has a lot of fa- contributions to national security. mous fixtures and paintings, statues, others, but he was never alone. He was LEONARD A. FERRARI, a magnet, a personal magnet. People reliefs, but you are going to stand out Executive Vice President & Provost. as one of our greats. You showed your were drawn to him. He had this won- profile in courage in taking a nation- DEPARTMENT OF DEFENSE, HUMAN derful smile and cheerful, twinkling ally profiled lead against the war in RESOURCES ACTIVITY, DEFENSE eyes. Iraq that you originally supported. And MANPOWER DATA CENTER, To see him operate in the Appropria- Seaside, CA. tions Committee, many of us served you were attacked by everyone except Chairman Murtha was a great American the military. They knew that you and a steadfast friend of the members of the there, was to see a master at work. But knew it couldn’t be sustained. Armed Forces and their families. He exem- really to understand his character, it ‘‘When they attacked you with big plified the best of our Nation’s values and was more important to see him with campaign expenditures to defeat you, was the iconic example of a patriot. As a our troops, whether it was just off the

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H810 CONGRESSIONAL RECORD — HOUSE February 24, 2010 battlefield or in a military hospital, er, without talking about the funny During our trip in June of 1987 to An- Bethesda Naval Medical Center, Walter stories he always told us about Tip gola, it was Chairman Murtha who was Reed, Germany, Afghanistan, Iraq, in O’Neill. Tip was his mentor. As he successful in securing the release of a the hospitals where our troops were mentored so many of us, Tip was his downed U.S. pilot from his Congres- taken. mentor. And he loved Tip O’Neill. And sional district. Later, in August of that From his own military experience, he he would tell us the stories of how it same year, we traveled to the Persian would ask them questions very knowl- was to go to a baseball game with Tip, Gulf during the U.S. reflagging oper- edgeably about their unit and what and this and that and the rest. I won’t ation of Kuwaiti ships. A few years they had encountered and what they go into the stories now about peer re- later, in January of ’93, we traveled on had seen. And they all loved seeing view, Mr. OBEY, and those kind of ap- an inspection trip to Somalia, fol- him. They knew he was their friend. propriations matters. But Tip instilled lowing President George Herbert Walk- And so to visit, on the occasions when in him, perhaps he had it innately, but er Bush’s December of 1992 dispatch of I had the privilege of visiting with still Tip strengthened in him a pride in our U.S. troops there in order to estab- Jack Murtha, was to receive a special this institution that he took very seri- lish order and ensure the success of our welcome from the troops and their ously. And he, in mentoring others, humanitarian relief efforts. families. passed that pride on to others as well. The bottom line in all of these trav- One time I remember in particular He loved this Congress, he loved this els, of course, as so many of my col- was we were visiting this young man, institution. He left us at the top of his leagues can attest, is that around this it was a second visit, and he managed game. We will miss you, Jack Murtha. world our service men and women somehow, when he knew Jack was com- Next week we will gather in Statuary knew the true character of Jack Mur- ing, to get out of his bed. And as we Hall with many more friends who can tha. went in the door, there he was standing join in, not as we are on the floor of b 1845 at attention saluting Jack Murtha in a the House, to once again pay tribute to Steelers jersey. Pennsylvania, how he this man. It is hard to believe he is They knew the backbone of Jack loved that State, how he worked for it, gone. But as he said, ‘‘Soldiers can’t Murtha, a veteran, a dedicated public how we will miss him here. speak for themselves. We sent them to servant, an individual who was never He had a special way about him, as I war, and, by God, we are the ones that too busy or never too selfish to take have said, by dint of his knowledge, his have to speak out.’’ time to regularly visit our military in- courage. Imagine the courage it took His wife Joyce wants us to have the stallations, our military hospitals, to for Jack Murtha to come to our cau- music God Bless America at the closing visit our brave, wounded service per- cus, to come to the Leader’s office and of his ceremony next week. God truly sonnel. tell me that day, ‘‘We have to begin re- blessed America with the life, leader- From Chairman Murtha’s station moving our troops from Iraq.’’ He went ship, and service of Jack Murtha. I atop our Defense Appropriations Sub- alone to the press to tell them that. It hope it is a comfort to Joyce and to the committee, our soldiers knew, they was like an earthquake in terms of children and grandchildren, of whom he were secure in the knowledge that opinion. People who had questions was so proud, that so many people their sacrifices and their dedications about the war felt validated. People mourn their loss and are praying for were in the best hands in the United who respected Jack began to question. States Congress. One thing was for sure. He was re- them at this sad time. f I will miss you, Jack. I will miss our spected by the military. And when he true leader. I will miss his courage and spoke, they knew it was with no agen- PRINCIPLED LEADERSHIP OF JACK his dedication. Our courageous Amer- da except the national security of our MURTHA ican troops will miss you, Jack Mur- country and the safety of our men and The SPEAKER pro tempore. Under a tha. Our veterans will miss you, and all women in uniform. Force protection. He was always previous order of the House, the gen- of America will miss you. talking about that. When we would tleman from West Virginia (Mr. RA- Your family, Joyce, and your chil- travel to the war zones, whether it was HALL) is recognized for 5 minutes. dren and your grandchildren, to them I Mr. RAHALL. Madam Speaker, I rise the seats in the trucks, or the better extend my thoughts and prayers and radios, or whatever, up-armored cars, today to talk about principled leader- know that the memories of Jack Mur- body armor, you name it, as soon as he ship that makes a difference. That best tha will always instill in his family the saw the need he came back and deliv- describes the Dean of the Pennsylvania inspiration, the pride, the strength, ered. So when he did speak out against delegation and its longest serving and the love that will carry you on to the war in Iraq, it was really quite a member, Jack Murtha. Yes, Jack Mur- carry on the brave torch of Jack Mur- stunning thing for our country. I think tha was a Member’s Member. He was a tha. it was really historic. It wasn’t just soldier’s soldier. Always straight God bless you, friend. that episode, it was that event of na- shooting, courageous, willing to defend f tional significance, historic signifi- this institution and all of us that work herein. HONORING THE LIFE OF JOHN cance. MURTHA He received, as has been mentioned, During my 33 years of service in this the John F. Kennedy Profiles in Cour- body and with Jack Murtha, very few The SPEAKER pro tempore. Under a age award. Can you imagine for people individuals would I turn to for advice previous order of the House, the gen- of our generation, someone to receive and counsel like I would Jack Murtha. tleman from Virginia (Mr. MORAN) is the John F. Kennedy Profiles in Cour- Like so many of my colleagues, I have recognized for 5 minutes. age award? I will never forget that traveled to troubled spots in this world Mr. MORAN of Virginia. I want to night. The Kennedy Library, he and with Jack Murtha. I have read and make note, Madam Speaker, of the fact Joyce, black tie, beautiful Joyce, proud learned from him not only on these that the Speaker of the House is here Jack standing tall like a Marine com- hardworking, hard hitting CODELS, and the chairman of the Appropria- ing down those steps, being cheered by but also from his book, From Vietnam tions Committee has been here Democrats and Republicans alike. It to 9/11. Words of wisdom for all of us throughout the entire time of this trib- wasn’t about any partisanship. It was here today and for the future. ute, out of respect. That’s old school. about patriotism. Many of my strongest memories of Jack was old school. That’s what would He was a proud Marine, as we all Jack Murtha are from our congres- matter to him. You’d never see him know. Semper fi was their motto. Sem- sional travels together. We traveled to with a BlackBerry. Can you imagine per fidelis. Always faithful. And that Lebanon in the fall of 1982, following Jack Murtha with a BlackBerry? I am was the motto of his life, faithful to the deployment of U.S. forces as peace- sure he’s never used the Internet once God, faithful to country, faithful to his keepers to that country. We stayed in in his life. family, faithful to his district. the very same Marine barracks that 6 You know, when we learned of Jack’s I can’t talk about Jack, just one months later were blown to smither- passing, NORM DICKS and I were on the more moment, if I may, Madam Speak- eens. phone and, between sobs, we, at the

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H811 same time, we blurted out the same says, JIM, when I was in Vietnam, I was When my constituents ask me to de- thing: He was like a father to me. He in a foxhole and we were taking fire. scribe him, here’s what I try to say in kind of was. He sort of taught us in his And a young private jumped in the fox- his cadence: Man of the House. Marine. own ways, really, by his conduct, the hole. There was only room for one per- Chairman. Colonel. Dean. Authentic. way we should conduct ourselves in son, so I had to get out. And I ran into Patriotic. Semper fi. Fearless. Keen. this institution. That’s why he is here. the line of fire looking for a foxhole Optimistic. Jovial. With an unforget- He’s here. He’s left his mark on each and found one. A few minutes later, a table glint in his eyes. Alive. Devoted one of us individually and collectively. grenade landed in that foxhole I had husband to Joyce, and proud and car- He’s done so much to shape this insti- been in, blew the soldier up. Now, this ing father and grandfather. tution. is the soldier, of course, who forced To his family, we send our deepest Family comes first. He would call his him into the line of fire. And Jack said, sympathy and our abiding prayers and daughter, Donna, who’s a teacher in I have always felt so bad for that friendship. Fairfax County schools, every night. young soldier. I wish I had stayed there Son of Johnstown. Rough hewn. Bat- Regardless of all the issues he was and not seen him blown up. tle tested. Two Purple Hearts. A dealing with with Iraq and Afghanistan That was the kind of guy he was. He Bronze Star. Not blow dried nor cos- and so on, he’d want to know how her was bigger than life, but his life was metic. Fiercely loyal to his district kids were doing in class. really about other people and about and Pennsylvania. In command. Ex- And, of course, he adored Joyce. this institution and this country. traordinarily hard working. Kept Ma- Joyce was the queen. Of course, Joyce So Jack, thank you for being who rine hours, rising early, arriving early. would sometimes acknowledge that I you were and who you are to this insti- Always building others. Trusted. Never know I have to share him with you, tution. gave a word he would break. If he said, NANCY, as Speaker, but he had that f I’ll talk to you about it later, the sub- kind of reverence that was so impor- MAN OF THE HOUSE ject was closed before you knew it. tant to this institution for leadership Acute judge of character. Revered The SPEAKER pro tempore. Under a and for individuals. counselor to dozens and dozens and previous order of the House, the gentle- And he was also—he knew how to be dozens of Members and friends. In few woman from Ohio (Ms. KAPTUR) is rec- a friend. Everyone who walked up to golden but choice words, he advised, ognized for 5 minutes. that corner, he welcomed. He knew Ms. KAPTUR. Madam Speaker, man critiqued, led. their name. He made them feel wel- of the House. The passing from this life Don’t mess with him. Absolutely come. If they had a letter that they of legendary Pennsylvania Congress- loved politics. A ticket maker and ana- wanted him to read, a little note or man and Defense Appropriation Chair- lyzer. Lots of real friends. Some really something, he’d take the time and read man and Marine Colonel John P. cruel enemies. Always had a good word. it. He’d say, Come on, sit down beside ‘‘Jack’’ Murtha truly represents a seis- An author. Well-traveled, too, often to me. mic shift in this Congress and in our war zones. Visited the wounded and He also was strong enough that he Nation’s history. His acumen, brass- bore that pain close to his heart. could afford to be gentle. We know how tacks style, and man-of-his-word rep- New ideas and insights captivated he reached out to all of the soldiers, utation are so rare. him. Razor sharp mind. Don’t tangle the men and women in uniform, really As the longest-serving woman in the with him unless you know your sub- cared about them. He’d go over to Wal- current U.S. House, I came to know ject. Memory that could recall votes 10 ter Reed. He would go and stand with Jack Murtha well, serving with him for years ago, and who voted which way. them, hold their hand at times. 28 years. In early February, he became Master of the rules. Wielded the gavel He also did other things that, you the longest-serving member of the with authority and certitude. Atten- know, if I didn’t mention it, I doubt Pennsylvania delegation in U.S. his- tive to the floor at all times, even that anyone would know, and some tory. when you thought he wasn’t paying at- people will think they seem a little No one had his grasp of our Nation’s tention. Possessed all the attributes to silly perhaps. defense or his dexterity at ushering the be Speaker, except he came from the Charlie Horner knows, his long time complicated Defense Appropriation working class of people and didn’t hail aide. He heard that Army Navy Coun- bill, the largest in Congress, with near- from a financial or government en- try Club had a problem with the cats, ly unanimous bipartisan support. clave. that they had proliferated. They were Jack put the soldier first. Each Madam Speaker, he instinctively all over the place. And so they decided, branch of the service, plus the Guard knew how to build a majority. He had we’ve got too many cats; we’re going to and Reserve, owe Jack great gratitude. lived war, and his heart was always kill them all. Jack found that out. It’s He was indefatigable in their cause. with the soldier. true, isn’t it? But Jack found that out. Jack Murtha respected the awesome A giant tree has fallen in the forest. He called a General and he says, Don’t power of the U.S. military, but he also A lion is now at rest. How fortunate we you go killing any of those kitty cats knew its limits. are to cherish his friendship and serv- at Army Navy Country Club. And he I have never served in this Congress ice. America’s defense is the best in the didn’t. They didn’t. They all survived. when Jack Murtha wasn’t here. Prop- world because Chairman Jack Murtha Just want to share an experience. 9/ erly, a U.S. flag flown over this Capitol lived to leave that legacy. 11, we were debating whether to put has been placed on his chair in the The passing from this life of legendary money into missile defense or into Pennsylvania corner where he an- Pennsylvania Congressman and Defense Ap- counterterrorism because Richard chored his work on the floor of this propriations Chairman and Marine Colonel Clarke has told us that’s the real House that he loved. His knowledge, John P. ‘‘Jack’’ Murtha truly represents a seis- threat. So it is the morning of 9/11 we leadership, measure, and tutelage re- mic shift in our Nation’s history. His acumen, were debating it, and Jack had decided main timeless gifts to those who brass-tacks style and man-of-his-word reputa- the real threat is counterterrorism. shared his path. tion are so rare. And then NORM had seen the TV and As the first Democratic woman to As the longest-serving woman in the current the planes going into the World Trade serve on the Defense Subcommittee of U.S. House of Representatives, I came to Center, and we could hear this herd of Appropriations, I can attest, it never know Jack Murtha well, serving with him 28 people running down the corridor out- would have happened but for his sup- years. In early February he became the long- side. The Capitol vacated immediately. port and encouragement. For his faith est-serving Congressman in Pennsylvania his- But there wasn’t a sign of anxiety, let in me, I shall always be in his debt as tory. He took it upon himself to guide young alone fear, on Jack’s face. I walked out I try to emulate his acuity, his range, Members of Congress, particularly if their dis- with him. and his concern. tricts mimicked the hardscrabble nature of his We stood there in the driveway and We, his subcommittee colleagues, own. all the police were trying to clear ev- who had the privilege of serving most As representative of the Ninth Congres- eryone. Jack didn’t feel any need to closely with this giant of a man shall sional District of Ohio, which extends along move, and he told me this story. He miss him greatly. the Lake Erie shoreline from Toledo almost to

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H812 CONGRESSIONAL RECORD — HOUSE February 24, 2010 Cleveland, I had invited Jack to our job-chal- Don’t mess with him. Absolutely loved poli- what was right were equally impres- lenged region many times. In fact, he was tics. A ticket maker and analyzer. Lots of real sive. On his broad shoulders, he carried scheduled to open the national rifle matches friends. Some really cruel enemies. Always a great burden to not only provide for at Camp Perry this spring. had a good word. Liked bright colors on oth- our troops and their security but to en- Jack Murtha was legendary. He never forgot ers. Extraordinarily gifted. Well read. An au- sure that we have made this world a where he came from. He tirelessly served his thor. Well traveled too, often to war zones. better place, a safer place, including district and his constituents. He grew to serve Visited the wounded and bore that pain close for innocent civilians in war zones and our Nation and his reach was global. No one to his heart. vulnerable societies around the world. had his grasp of our Nation’s defense or his Quite curious. New ideas and insights cap- And with a heavy heart he regularly dexterity at ushering the complicated defense tivated him. Capable of independent views. gave his time to lift the spirits of men appropriations bill, the largest in Congress, Razor sharp mind. Don’t tangle with him un- and women recovering from injuries in with nearly unanimous bipartisan support. less you know your subject. Memory that battles, sharing with them the appre- Jack put the soldier first. His unheralded vis- could recall votes from 10 years ago, and who ciation of a grateful Nation. its to military hospitals to visit the sick and voted which way. Master of the Rules. Wield- Finally, I would like to note his dedi- wounded were not designed as photo ops but ed the gavel with authority and certitude. At- cation to a goal we shared: Alleviating as heartfelt expressions of appreciation for tentive to the Floor at all times even when you cancer, especially those unique to women. He not only worked to help those who served on the front lines and sac- thought he wasn’t paying attention. A coach. adapt military technology to aid in the rificed for us. Every soldier knew he under- Possessed all the attributes to be Speaker, treatment of cancer, he and his loving stood. except he came from the working class of wife, Joyce, have supported initiatives Each branch of the service, plus the Re- people and didn’t hail from a financial or gov- to directly support breast cancer pa- serve and National Guard, owes Jack Murtha ernment enclave. a debt of gratitude. He was indefatigable in tients and survivors. Not a trust fund baby nor into the cocktail Jack was a giant among men. He was their cause. In Toledo, our 180th F–16 Fighter circuit. Self made. Fair. Precise. Garrulous. tough, he was smart, he was committed Wing is genuinely the best in the world. Why? Politically savvy. Strong, Unflinching. Always to this great institution. His lifelong Because Jack Murtha helped to build its capa- humorous, throwing his head back with a sin- service to our country will be missed. bility. I daresay he attended to all 435 con- cere laugh, and ‘‘is that so?’’ A brusque man- Rest in peace, my dear friend. I will gressional districts with the same diligence. ner that didn’t suffer fools gladly. Regularly miss him. Our Guard and Reserve units were modern- reached across the aisle. Consistently passed f ized with improved pay and benefits because his bills with nearly unanimous support. He in- he knew their importance: he advised America stinctively knew how to build a majority. IN TRIBUTE TO REPRESENTATIVE cannot conduct successful operations without Lived war. Heart always with the soldier. JOHN P. MURTHA OF PENNSYL- them. America’s blood supply is more robust Loyal disciple of Speaker Tip O’Neill and the VANIA and deliverable because he fought for it. New common man. Soul buddies with twinkles in The SPEAKER pro tempore. Under a weapons, materiel, and technologies are un- their eyes. Cussing occasionally. But a good previous order of the House, the gen- derway in every service branch because Jack word always. A giant tree has fallen in the for- tleman from New Jersey (Mr. ROTH- knew that some generals tend to fight the last est. A lion is now at rest. How fortunate are MAN) is recognized for 5 minutes. war, so he purposely worked in the future. we who cherish his friendship and service. We Mr. ROTHMAN of New Jersey. Jack Murtha respected the awesome power loved him and will deeply miss him. America’s Madam Speaker, I’ve been in Congress of the U.S. military, but he also knew its limits. defense is the best in the world because now—this is my 14th year. I have never served in Congress when Jack Chairman Jack Murtha lived to leave that leg- A lot of people don’t know about the Murtha wasn’t here. Properly, a U.S. flag has acy. quality of some of the people who are been placed on his chair in the ‘‘Pennsylvania here in the Congress. A lot of people in f Corner,’’ where he anchored his work on the this country find it funny to ridicule floor of the House of Representatives and will HONORING THE LIFE OF elected officials in general—Members remain unoccupied by those who held him in CHAIRMAN JOHN MURTHA of Congress in particular. esteem. His knowledge, leadership, measure, The SPEAKER pro tempore. Under a I am going to talk to you about a and tutelage remain timeless gifts to those previous order of the House, the gentle- great American, a great human being. But there are many others like him, in who shared his path. woman from New York (Mrs. LOWEY) is As the first Democratic woman to serve on recognized for 5 minutes. a sense, with the patriotism and grace and greatness that he possessed. the defense subcommittee of Appropriations, I Mrs. LOWEY. Madam Speaker, I rise can attest it would never have happened but Grace, generosity, and greatness: to pay tribute to the life of our dear Jack Murtha. This was my fourth year for his support and encouragement. For his friend and colleague, Chairman Jack faith in me, I shall always be in his debt as I serving on Mr. Murtha’s defense sub- Murtha. Jack was truly an all-Amer- committee, and I was wondering how try to emulate his acuity, range and concern. ican, a committed public servant, deco- We, his subcommittee colleagues, who had this giant of a man—physical giant, rated veteran of war, small business- powerful, legislatively powerful man, the privilege of serving most closely with this man, devoted husband and father and would accept this guy from Jersey on giant of a man, shall miss him greatly. grandfather. his subcommittee. But he had such When my constituents ask me to describe Many have recalled tonight and in re- grace. He welcomed me with great ci- him, here is what I say in his cadence: Jack. cent weeks his service on the front vility and gentility. He was tough. He Authentic. Patriotic. Man of the House. Marine. lines of combat. His experience in the was so generous to me. He was gen- Chairman. Colonel. Dean. Semper fi. Fearless. military made him a lifelong advocate erous to everyone on the committee. Keen. Optimistic. Jovial. With an unforgettable for our men and women in uniform and He believed in bipartisanship abso- glint in his eyes. Alive. Devoted husband to a compass for this body when it came lutely, completely and totally, espe- Joyce and proud and caring father and grand- to making some of the toughest issues cially when it came to the security of father. Son of Johnstown. Rough hewn. Battle we face, those related to the defense of our beloved country, the United States Tested. 2 Purple Hearts. A Bronze Star. Not the United States. of America. So he took the best ideas blow dried nor cosmetic. Fiercely loyal to his Jack Murtha exercised his power to from wherever they came—Democrat, district and Pennsylvania. In command. Ex- protect the country he loved, taking Republican, liberal, or conservative. He traordinarily hard working. Kept Marine hours, seriously the trust of his constituents just wanted what was best for America. rising early, arriving early. Always building oth- and his responsibility to the American To talk about generosity, he even let ers. Trusted. Never gave a word he would people. me, a New Jersey guy, into the Penn- break. If he said, I’ll talk to you about it later, sylvania corner. I was tickled by it. I the subject was closed before you knew it. b 1900 was honored. For most of my years Acute judge of character. Revered counselor I learned so much from Jack Murtha. here when I was not on his sub- to dozens and dozens of Members and I witnessed firsthand and benefited committee, I would see him over there friends. In few golden but choice words, he from his expertise on military strat- in his corner, and I would see the peo- advised, critiqued, led. Defended his sub- egy, intelligence, and foreign policy. ple flocking around him from Pennsyl- committee’s prerogatives. His compassion and commitment to do vania and elsewhere, coming as if truly

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H813 just to get an audience with just a Suribachi, you could see down on the woman from Maryland (Ms. EDWARDS) great man, a great human being, to get shoreline on Green Beach LST–808, is recognized for 5 minutes. advice, to get direction, to get support. which was the landing ship tank that Ms. EDWARDS of Maryland. Madam He always made you feel as if he was dropped my dad off on Iwo Jima 65 Speaker, I rise today to express my interested in your point of view. years ago yesterday. condolences to the family of Jack Mur- He asked me what books I read. When And after that moment, any time I tha and to pay tribute to him. As a rel- I told him, he said, I want to read that had a question or a concern or a prob- atively new Member of this body, I book, and he did. He made you feel like lem that affected the men and women knew Jack Murtha only briefly, but I you were making a contribution. in my district or my State that served am so grateful even for that. The greatness of Jack Murtha—aside this country in uniform, I knew where One day very early in my tenure here from being a great husband and father to go, and I went to Jack Murtha. in Congress, I needed some guidance on and war hero and devoted representa- And one of the amazing things about a military issue, and everyone told me tive of the people of Johnstown and his how all of this unfolded is Jack and I I needed to speak directly with Mr. congressional district—part of his had talked about this year being the Murtha. I have to admit I was just a greatness was his expectations, his ex- 65th anniversary of the invasion of Iwo little bit intimidated. It wasn’t just his pectations about what it meant to be Jima, and we talked about going there size and the boom of his voice and his an American, someone committed to together. And unfortunately, because upright carriage, but I knew he knew equal justice, equal opportunity, and of his tragic loss of life, we never had stuff and that he could guide me. But integrity. His integrity was unques- that opportunity. to my great surprise, Mr. Murtha was tioned and unquestionable. And I think about that because my so wonderful to me. His advice was I just hope that we remember, dad died 29 years ago, and so many sage, his generosity was unlimited, his Madam Speaker, when we think of this things about him were like Jack. He inquiry was precise, and his kindness great, gracious, generous, gentle giant, landed as an 18-year-old farm boy from and gentleness were truly genuine. And Jack Murtha, we remember not only Iowa, and he saw horrible things in from that moment forward, I am hon- his expectations for himself, but we re- war. Like Jack, he saw one of his good ored to have been guided by his good member his expectations for each of us. friends vaporized by a shell burst, and counsel. He had it of his staff, he had it of his I have read the story of that account I can still see on occasion when I sit committee members, he had it of all of by the commanding officer of the core in the Speaker’s chair a twinkle from his colleagues of the House that we be- artillery that my dad served under, his eye, and when it got a little rough, have as true American patriots and Colonel John Letcher. a little bit of a nod from that back cor- leave America stronger, freer, more One of the things that I did recently ner. just, and a greater Nation—as great as was I got a chance to tape the vet- On a personal note, Jack Murtha re- he believed America to be. He de- eran’s history interview of my cousin, membered that I grew up in a military manded greatness from all of us and Richard Braley, who, like my dad, was family, and he asked me about my fa- that we pass on that legacy for our a Marine and served in Vietnam as an ther’s and my brother’s service and my country, our fellow countrymen and officer, just like Jack Murtha. And one experiences growing up. And I talked women, for generations to come. of the things that is so special about to him about being a candy striper and Thank you, Mr. Murtha, for all you people like my dad and my cousin and reading to our service men and women have done for us, and we hope to repay Jack Murtha is you never forget and at veterans’ hospitals. all that you have done for us by giving you’re always faithful. And I know that he cared deeply back to our country and creating the So when my dad died 29 years ago, about our servicemembers and about kind of country that you fought so one of the most emotional things that their families and about the special ob- hard to make. happened was when my cousin flew all ligation that we owe to them. He un- We will never forget you, sir. Thank the way back from Hawaii so that derstood more than so many the call to you. God bless you. someone would be at that small rural service and the importance for polit- f cemetery where he was buried to play ical leaders to carry that at the fore- taps, and he played it on his trumpet. IN TRIBUTE TO REPRESENTATIVE front of all of our decisions on ques- And then he came up to me at the very JOHN P. MURTHA OF PENNSYL- tions of war and peace. And his passion end with tears in his eyes, and he said, VANIA was so evident. And I know that my I wonder if you could help. I brought family and all of our servicemembers The SPEAKER pro tempore. Under a this with me and I would like to put it and their family members are so much previous order of the House, the gen- in the casket. And I looked down and better off because of Jack Murtha’s tleman from Iowa (Mr. BRALEY) is rec- in his hand he had a small silver me- service in this body, his service to our ognized for 5 minutes. dallion with the words ‘‘Semper Nation, his commitment to them and Mr. BRALEY of Iowa. Madam Speak- Fidelis’’ on it. to their service. er, some people may wonder why I am And when I heard these stories about And so I am really grateful, Jack, to standing here tonight, because almost Jack Murtha all afternoon long, one of have even had just a moment in time everyone who’s spoken before me knew the other things it reminded me of was with you, and I only hope that in my Jack Murtha longer and better than I how mad my mother used to get when service here in the United States Con- did. my dad would stop and pick up hitch- gress, I can carry myself forward with But one of the things that I want to hikers, because she didn’t think it was the kind of honor and duty and courage share with everyone who cares about safe for him to be doing that. And I with which you served. Jack is my first meeting in his office, think my dad and Jack Murtha real- f because Jack came to the door and ized after the hell that they had lived greeted me, and as we were walking in, through on the battlefield, that the b 1915 I looked up on the wall of his office and rest of their lives was gravy. REMEMBERING CHAIRMAN JACK I saw that famous photograph that Joe And as I was listening here to all of MURTHA Rosenthal took of the flag-raising on these amazing stories about Jack, I Iwo Jima, and it was signed by Joe was thinking to myself, I wish my fa- The SPEAKER pro tempore. Under a Rosenthal. And I stopped the chair- ther had lived to meet Jack. previous order of the House, the gen- man, and I pointed it out to him, and I And then it suddenly dawned on me tleman from North Carolina (Mr. told him that my father landed at Iwo that he probably has. JONES) is recognized for 5 minutes. Jima the same days that those flags f Mr. JONES. Madam Speaker, my were raised. And in that instant, Jack heart ached so much last week when I Murtha became my friend for life. IN TRIBUTE TO JOHN P. MURTHA heard that the chairman, and that’s And we talked about the photograph, OF PENNSYLVANIA what I called Jack Murtha, Mr. Chair- and I showed him that over the shoul- The SPEAKER pro tempore. Under a man, that he had passed on. My father der of those Marines on Mount previous order of the House, the gentle- served in the Congress for 26 years. I

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H814 CONGRESSIONAL RECORD — HOUSE February 24, 2010 have been here for 15 years. So that overworked, but you are in a better God did bless America with giving us means for 41 years Jack Murtha, Mr. place now, and I am sure God is listen- the example of Mr. Murtha. Chairman, has been part of our life, of ing to whatever advice you might have I was extremely saddened to hear about the the Walter Jones family. to make America a better country. passing of my close colleague and dear friend, I wanted to come to the floor tonight I thank you for giving me this time Congressman John Murtha, Chairman of the because I could not go to bed knowing to say thank you and goodbye, and Defense Appropriations subcommittee. Elected that this tribute would be held to America will miss you, and the Jones to the House of Representatives in 1974, Rep. honor a great man. I have the privilege family will miss you, also. Murtha dedicated his life to serving his coun- of having Camp Lejeune Marine Base f try, both in the military and in Congress. A and Cherry Point Marine Air Station HONORING CONGRESSMAN JOHN former Marine, he was the first Vietnam com- in the Third District of North Carolina. ‘‘JACK’’ MURTHA bat Veteran elected to Congress. To the chairman, the Marines were a Ever since I came to Washington, Con- part of his heart, because he was a ma- The SPEAKER pro tempore. Under a gressman Murtha and I had always had a very rine. previous order of the House, the gentle- close relationship; in part, because my district, The many times that I would go to woman from Florida (Ms. CORRINE Florida’s third, has a strong military presence, that corner that so many people have BROWN) is recognized for 5 minutes. and because of our joint efforts in the arena Ms. CORRINE BROWN of Florida. made reference to, and I would stand in of veterans affairs. Considered by most to be Madam Speaker, to whom God has line because I am a Republican, and one of the most influential Democrats in the given much, much is expected. We are that didn’t matter to him. What House, he was an expert and a leader on truly blessed that we have had the op- mattered to him was that I was a per- issues concerning Defense, the military, and son, like the chairman, who cared. As portunity to work and serve with Mr. Murtha. our nation’s veterans. Deeply respected by has been said many times before me to- Now, I have my Mr. Murtha story. I Republicans and Democrats alike, Congress- night, it didn’t matter which party you was able to get Mr. Murtha to come to man Murtha’s leadership and institutional were in. What was good for America, my district, Jacksonville, Florida, the knowledge of all aspects of our nation’s secu- what was good for the military, that’s Third Congressional District, which is rity policy will be greatly missed, as will his what he stood for. a military district, but I knew that charm and leadership within the Democratic I would stand and wait my time, and when he came that I would only have party. My thoughts and prayers go out to the he would say, Walter, what do you one shot. So I wanted to make sure I Congressman’s wife, Joyce, and the entire need? I would go up and take my turn covered everything he needed to see in Murtha family. and say, Mr. Chairman, our marines my district. f down in Camp Lejeune are having We started out at the marine base, many problems with PTSD and TBI, IN TRIBUTE TO REPRESENTATIVE we went to the port, we went to Cecil JOHN MURTHA and there are not enough psychiatrists Field, we went to Shands Hospital to help. This was the last time I spoke where we had the proton beam. Well, The SPEAKER pro tempore. Under a to him. He said, Well, why don’t we get they had tried to get a proton beam in previous order of the House, the gen- together. Why don’t we have a meet- his area. I took the doctor in my area, tleman from Massachusetts (Mr. ing. so he was very shocked when he came CAPUANO) is recognized for 5 minutes. So in the little room downstairs, I to Jacksonville and found out that not Mr. CAPUANO. Madam Speaker, out guess, on the first floor, the basement, only did I have the proton beam in of respect for Jack, I will be very brief. in his room, we would go in, and I Jacksonville, I had his doctor from his Great American, great patriot, but for would talk to him about the needs of area. me he was a friend. He was my buddy. the marines, and the marines loved Then I had a reception scheduled for The truth is, he was my buddy not him. I had a couple in my room tonight him, and, of course, he said, I don’t because we shared a philosophical when this started and they were say- work this hard. You have shown me ev- view—we probably disagreed on more ing, We’ve lost a great friend. erything that you want to develop in than we agreed on—but because we re- But tonight, for me personally, it your district. Of course, the point is, he spected each other. In my world, the was to come down here and say, Mr. came, he saw, and we were able to get best thing you can say about anybody Chairman, thank you. Thank you for the services that the military people is he didn’t forget where he came from. having the time for a person that’s no needed in my area. Jack never forgot. He represented more than a foot soldier in the Con- I will never forget, when I went to working men and women to the ut- gress. I am talking about myself. It Normandy, and we had a visitors cen- most. Even when we disagreed, his mo- didn’t matter who you were, what posi- ter, and they had just opened the visi- tivation was pure. tion you held in the Republican Party tors center there. It was a tribute to He was the epitome of a politician. or the Democratic Party, it was a mat- all of the people that had served and He liked helping people. I disdain poli- ter of his heart. His heart was what can died in Normandy. And they had no ticians who think that we won’t or I do to help you. What does your dis- place to go, it was all the crosses, but that we shouldn’t help people. That’s trict need? What do your marines need? it was a center that Mr. Murtha and what we are here for. Jack knew that And he would always find time to talk the chairman of Appropriations had from the day he got here to the day he to you. gotten funded. Yes, it was an earmark, left. He was my friend. I’m going to So, tonight, I wanted to come down it was an earmark and a tribute to the miss him. I think America will miss for just a few minutes to say to the people that had served this country. I him, but I will miss him. family that are here tonight that he will never forget how proud I was to go Jack, I will tell you that I am not was a great man, he was a patriot, and to that visitors center. That should be looking forward to it, but when my day he is the kind of man that America Mr. Murtha’s name on that visitors comes I’m going to be looking you up. needs to remember with great respect center in Normandy because he did so My hope is that you’ll be up there with and also to thank him for being a man much. a whole bunch of the good old boys and of humility. In closing, I want to say we always hopefully you’ll welcome me then as I have always said that Christ was a sing the song ‘‘God Bless America,’’ you welcomed me when I got here. man of humility, and he got so much and, yes, God blessed America because I’m going to miss you, Jack. accomplished because he was a man of of Mr. Murtha. In closing, the scrip- f humility. Chairman Murtha was a man ture, Paul, he has fought a good fight of humility. He had great power, but he and he has finished the course, but it is IN TRIBUTE TO REPRESENTATIVE did not flex the muscles of power. He left up to us now to continue to work, JOHN P. MURTHA OF PENNSYL- walked and he worked with humility. to continue to work for our veterans, VANIA Tonight I close by saying, Mr. Chair- to continue to work for the military. The SPEAKER pro tempore. Under a man, thank you for taking the time for This is the kind of tribute that we previous order of the House, the gen- all of us. You were a man that probably should pay to Mr. Murtha. The work is tleman from Ohio (Mr. DRIEHAUS) is slept well at night because you were not finished. recognized for 5 minutes.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H815 Mr. DRIEHAUS. Madam Speaker, I IN TRIBUTE TO REPRESENTATIVE I ran as a person who was opposed to just wanted to join all of my colleagues JOHN P. MURTHA OF PENNSYL- that war, and I remember during the as we give our thanks to Jack and VANIA campaign being very dispirited won- Jack’s family. I am a new Member of The SPEAKER pro tempore. Under a dering where we were going. Then a Congress, and I didn’t get to know previous order of the House, the gen- voice rose out of Washington, and it was a Vietnam veteran, it was a com- Jack Murtha until the fall of 2008 when tleman from Michigan (Mr. STUPAK) is I was running for Congress. Jack came recognized for 5 minutes. bat decorated marine, it was the chair down to Cincinnati and we visited the Mr. STUPAK. Madam Speaker, I will of the Defense Appropriations Sub- VA hospital. We sat down with some be brief. I have been tied up most of the committee, it was a man who had the veterans and we sat down with the staff afternoon and never thought I would highest credentials as an advocate for the military. That voice, of course, was of the VA hospital and started talking have an opportunity to come down and Jack Murtha. about PTSD and the PTSD program join in this special order to our friend that we had in Cincinnati. and our colleague, Jack Murtha. I am b 1930 Jack had such a sincere interest, and very pleased and heartened by all of And he stood up and he said that this the outpouring of Members who have he exuded care for those veterans. He war was wrong. He said that his vote come down here for the last few hours, wanted to see that what we were doing was a mistake. and it has also given me an oppor- What attracted me, I think my class- in Cincinnati was replicated across the tunity to say a few things about my mates, and all of my colleagues who country. friend, Jack Murtha. have been speaking to this man, Jack Every time I went to Jack and asked Jack would be embarrassed about all Murtha, was his generosity—he was al- for something, every time I approached of the attention being shown to him to- ways wondering what could he do for him, he was open. As I talked to or as night, but for those of us who knew and you today—his integrity, but he also I listened to the Members here tonight, love and respected Jack Murtha, it’s had a quality of incredible strength. there seems to be an underlying theme: been an especially hard week, espe- You gravitated to Jack because he was We didn’t go and Jack asked us for cially those of us who hang out, as we a strong man, strong in his convic- things. Every time you approached say, in the Pennsylvania Corner. When tions, strong in his will to carry on, Jack Murtha, he was asking what he we always look on the corner to see and yet with the strength of a person could do for you. What a great Con- Jack there, we see a folded American who had the strength of mind and was gressman. What a great dad. flag. I guess it’s appropriate for Jack’s willing to experience and analyze what service to his country, not only as a was going on. When he came to his con- Jack was the type of guy that in his soldier, but also as a Member of this clusion about Iraq, it was through the district, he was always asking that House of Representatives. eyes of the soldier on the ground in as- question: What can I do for you? And If you want to know more about Jack sessing what was going on and why. that’s the right question. We had per- Murtha, his courage, his love for this Even as he changed his policy posi- haps the greatest challenge that we country, I would urge you to read the tion on Iraq, no one was a stronger sup- faced in Cincinnati this year, on a jobs book that he wrote, ‘‘From Vietnam to porter of the troops getting what they program. It was the Joint Strike 9/11: On the Front Lines of National Se- needed to be safe and getting what Fighter, the competitive engine pro- curity.’’ He really traced the history of they needed to be taken care of when gram. this country, policy and military in- they got home. And what he under- I happened to be the Congressman for volvement of this country since Viet- stood and he began to teach this Con- the district for GE—Aviation where nam to September 11. It is written by a gress and this country was that if we respect the valor of these men and that engine is made. We were worried. true patriot who lived it and urged all women who are willing to subordinate We were worried that we were going to of us to also see the world and our com- their own judgment to take an oath of lose a thousand jobs. Now I know it to mitment and our dedication to the men allegiance to the flag of the Com- be a good program. I know it to be a and women in uniform through the eyes of Jack Murtha in a book. mander in Chief and to report for duty cost-saving program, but the Presi- when and where ordered by the Presi- dent, the administration, sometimes I said it’s been a hard week, and I think everything that needs to be said dent, then Congress and he, Jack Mur- thinks a little differently about that tha, had a solemn responsibility to do program. about Jack Murtha has probably been said. I am thankful for having known every single thing in his body, mind, So I went to Jack, and I said, Jack, him, and I am thankful for the oppor- heart, and soul to provide those sol- I’m really worried about this. This is a tunity of being able to come down here diers with a policy that was worthy of lot of jobs in Cincinnati. I believe this tonight and just say a few words and to the sacrifice they were willing to is the right thing to do for the country. express our love and condolences for make. Like I think everybody here in Con- Without hesitation, he just looked me Joyce and the entire Murtha family. in the eye and he said, Steve, don’t gress, when Jack would ask what Jack worry about it, we’ll take care of it. f could do for me, I oftentimes had an answer. But the first time he asked me IN TRIBUTE TO REPRESENTATIVE I knew that it was taken care of, be- that question was the first day of my JOHN P. MURTHA OF PENNSYL- cause I had Jack’s word. He was that experience here in Congress. I said to VANIA type of guy. He had that kind of Jack, I understand that you go out and strength and that kind of authority. The SPEAKER pro tempore. Under a visit the troops often at Bethesda and Every time you approached him, he previous order of the House, the gen- at Walter Reed. And he told me he did. was always asking what he could do for tleman from Vermont (Mr. WELCH) is He usually went alone, almost always you. recognized for 5 minutes. went alone, always quietly, never any This House was a great place because Mr. WELCH. Madam Speaker, one of press, never any entourage. I asked of Jack Murtha, and we are a lesser the qualities, of, I think, a great person him if in the course of my 2 years in is that they don’t see themselves as body because of his loss. I lost my fa- Congress sometime he would take me great. They really see themselves as ther a little over a year ago, and he to go with him, and it turned out that ordinary. was a lot like Jack. I hope the two of the next day he did. If they value something about them- I will never forget going through the them have gotten to know each other selves, it’s that being ordinary allows Bethesda Naval Hospital with Jack since Jack’s passing, because he re- them to do generous and good things Murtha and seeing how, when he talked minded me a lot of my dad. for other people. Jack Murtha was a to our troops who suffered incredible You will be greatly missed, Jack. I huge figure for those of us who were in injuries, he had that same directness, thank your family, and I thank your my class, the class of 2006. People may that same pride, that same confidence community for sharing you with us and remember that the big debate that in engaging these soldiers—What hap- the American people for so long. year was about the war in Iraq. pened? How did it happen? Was it an

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H816 CONGRESSIONAL RECORD — HOUSE February 24, 2010 IED? Was it trip wire? Was it pressure Murtha’s Corner, now I’m in Murtha’s I wonder what it means to a 3-year- activated? Corner. And I was in his corner and he old, Madam Speaker, to hear that her He knew everything about the experi- was in mine. When I needed help for my daddy is one of our heroes. I said that ence of these soldiers. And he wasn’t community and learning about appro- to Miah the other night at her house. I sentimental. He was direct. He was priations, defense appropriations and know she heard it from others because blunt. And in that strength he was how they could benefit this country we are very patriotic people in the up- warm and encouraging and respectful and my community and my univer- state of South Carolina, Madam Speak- to the service of those soldiers. It is sities, he helped me. He always helped er. Still, I wonder what it means to a 3- something only a person with Jack’s me. And I helped him when he was in year-old. strength of character could do. need in his last election. Miah’s mom, Karyn, knows what it We all know that Jack was endlessly I made the trip to Johnstown for his means. She knew what it meant when challenged by the press for the so- funeral, and I am so happy I did and I representatives of the U.S. Army called earmarks. I remember that he am happy to be here. I could not let showed up at her parents’ front door took the criticism as though it was a this opportunity pass to speak about dressed in ‘‘Class A’s.’’ She knows that grain of salt, and when asked, he would this great American. It has been talked this Saturday an Army officer will hold up a document saying, this is my about he was a marine and he was the kneel beside her and say that the power. It is in the Constitution, and I first from Vietnam to be elected—he President of the United States and a take care of my people. was part of that class—and he stood up grateful Nation stand in appreciation We lost a great man. and received the John F. Kennedy Pro- of the honorable and faithful service of f files in Courage Award. All is true. But her husband, Jeremy. Devoted spouses like Karyn and self- IN TRIBUTE TO REPRESENTATIVE the bottom line is he was a good human being. sacrificing parents like Sergeant JOHN P. MURTHA OF PENNSYL- Wittman’s know that service means VANIA ‘‘Avuncular’’ is a word I learned when I was in high school, uncle-like the possibility of not coming home safe The SPEAKER pro tempore. Under a figure, and I guess he was an uncle-like and sound, the possibility that the last previous order of the House, the gen- figure. He was just a grand, good full measure of devotion will be given on a battlefield far from home. tleman from Tennessee (Mr. COHEN) is human being. I will miss him. This The people of the upstate of South recognized for 5 minutes. House will miss him. And I am just for- Mr. COHEN. Madam Speaker, many Carolina and Montana know what it tunate that I passed this way at the means. It means that we must live our speakers have preceded me today in same time he did and got to change speaking about Mr. Murtha—and I will lives in gratitude to America’s best; time with him in life. the ones who come home unscathed, always call him Mr. Murtha because Thank you, Jack Murtha. that’s how I referred to him here in the the ones who come home with scars, House and that’s how I will refer to f and the ones who come home in solemn him in memory. FURTHER MESSAGE FROM THE honor. But what does it mean to Miah? Well, I only had the opportunity to serve SENATE with him for 3 years, and I feel cer- Madam Speaker, if you will indulge A further message from the Senate tainly inadequate in being the last per- me, I will try to say what it means in by Ms. Curtis, one of its clerks, an- son to speak, but this man was my a letter to Miah. nounced that the Senate has passed Dear Miah, that’s an awesome doll- friend. He was like a father figure to with amendments in which the concur- house you have in the living room at me. rence of the House is requested, a bill your grandma and grandpa’s house. When I was thinking about running of the House of the following title: Thank you for letting me see the cool for Congress, I came up here to view things you’ve got in there. I like the Congress and think about it. I wasn’t H.R. 3961. An act to amend title XVIII of the Social Security Act to reform the Medi- computer a lot, and the lights over the sure if I was going to run or not. I went care SGR payment system for physicians and door to your doll tent are awesome. up in that gallery and I sat on this left to reinstitute and update the Pay-As-You-Go Thank you for showing me the pictures side of the aisle, Madam Speaker. I requirement of budget neutrality on new tax of you and your daddy. looked at the floor and all the people and mandatory spending legislation, en- I guess you’ve noticed by now that down here and I thought about whether forced by the threat of annual, automatic se- grown-ups like us cry sometimes when questration. or not I wanted to run. But coming up we hear you say that your daddy is in here, I was in Rayburn, and I walked up f heaven. It’s not that we’re not happy by the train that comes from Rayburn for him. You know better than us to the Capitol. And this man came up IN HONOR OF SERGEANT JEREMIAH WITTMAN grown-ups that your daddy can trust to me, this gentleman—I didn’t know God to dry every tear. It’s just that him—and he put his arm around me The SPEAKER pro tempore. Under a we’re overwhelmed by the gift you’ve and we talked on the way up and previous order of the House, the gen- given. You and your mom and your walked all the way down the path. And tleman from South Carolina (Mr. ING- grandparents have given the rest of us he said, Young man, this is going to be LIS) is recognized for 5 minutes. the gift of your dad’s life. like 1974. It’s going to be a great year Mr. INGLIS. Madam Speaker, I am He was in Afghanistan protecting for Democrats. here to honor one of America’s heroes. you and your mom mostly, but he was We got up the elevator—and I was so U.S. Army Sergeant Jeremiah also there protecting me and my fam- proud to be in this building—and we Wittman, age 26, was killed in Afghani- ily and all American families. So if you got to the top and he went to the left stan on Saturday, February 13, 2010. see a lot of people crying, it’s the only where you enter the Speaker’s lobby Sergeant Wittman was from Montana. way we know to show how much we and come onto this floor and I went His wife, Karyn, is from the Chesnee/ care, how much your dad’s sacrifice, around the way to this gallery where Boiling Springs area of Spartanburg how much your sacrifice means to us. visitors go. He said, Next time you County, South Carolina. A sergeant like your dad told me re- come up here, I hope you can come in Sergeant Wittman and Karyn have a cently, ‘‘When I see good things at here with me. And it was the next time beautiful 3-year-old daughter named risk, I’m inclined to fight for it. I guess I got to come in here with him. Miah. I got to play in Miah’s doll house that’s why I’m in the Army.’’ That’s I was so proud every time I got to go when I visited her grandparents’ home Sergeant Mennell from Texas. I don’t over—I read about ‘‘Murtha’s Corner’’ recently. More on that in a minute. know if Sergeant Mennell knew your in The New York Times, and then I Sergeant Wittman was doing what dad, but I bet that’s what your dad find myself over there with mostly Americans best do—he was protecting thought too. Your dad saw your future folks from Pennsylvania, but also the freedom, protecting us, when an impro- at risk, Miah, so he went to fight for different people that were fond of Mr. vised explosive device was detonated you and for me and for all of us. Murtha. I was standing there and I near him as he was on foot patrol in When I was leaving your house the thought, I remember reading about Zhari province in Afghanistan. other night, there was a beautiful

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H817 moon hanging low in the west over the b 1945 he was in Baltimore would include tort mountains you can see from the top of As we take a look at the drama that reform. Yet the bill that we have seen your driveway. It was glowing orange faces people who will be watching to- did the exact opposite. The States that and looked like a bowl that could hold morrow, the question tonight is: What had already enacted tort reform were something. I thought of those pictures drama are they liable to watch? Are forbidden from using those tort reform of you and your dad. I thought of God they going to watch the Olympics, the laws. So, in effect, it would reverse tort holding the moon up there, holding last part of the Olympics, which will be reform and would go in the exact oppo- your dad, holding you and your mom, very exciting, or the political drama of site direction. Is that believable? holding this whole big world. It seemed 6 hours of discussions or debate? I We were told that the special deals like the moon was doing something think there will be more drama that have been taken out. Yet, in a few min- else, Miah. It seemed that it was hold- will take place tomorrow on the health utes, we will take a look at those spe- ing the hope of a lot of tomorrows. You care bill. cial deals which remain in the bill. see, as the moon falls, the sun rises on Now, we have been talking about this Then last of all—and it is the one a new day. When your dad fell, it was health care bill for more than a year, that I find most amazing—the Repub- so that you could have many more to- and the subject has had a tendency to licans are obstructionists. I find that morrows in peace and freedom. get a little bit stale, but tomorrow is hard to believe how anybody could When I see a waxing moon glowing an attempt to revive that discussion. even repeat that, let alone believe it. I orange and hanging low in the west, One of the things that is required in wish it were true. I sorely wish it were stretching its light from South Caro- good drama is the theme, or the major true. The Republicans here in this lina to that farm your dad loved in topic, and the different parts of that Chamber, my Republican colleagues, Montana, I’ll think of you, Miah, and drama have to be believable. I think are 40 votes short of a majority. There I’ll think of your dad, and I’ll pray for that’s one of the things that may make is nothing that we could obstruct if our many tomorrows for you and for the the drama tomorrow more difficult in lives depended on it. The Democrats country your dad loved. terms of its success. Let’s just talk could lose 20 voters and still pass any- Thank you, Miah. about what really is believable. thing that they choose to pass. So how Your friend, Bob. we could be, as Republicans, obstruc- P.S. Keep an eye on those dinosaurs The President claimed about a year tionists, again, seems very hard to pass in your doll tent. You know they scare or so ago—I guess it was in a State of the old sniff test. me. the Union message—that this new health care was going to save money Now, it seems that the President, in f and that it wouldn’t cost us a dime. setting up this great drama of 6 hours REPORT ON RESOLUTION PRO- Well, I guess that’s true. It’s going to of televised discussion on health care, VIDING FOR CONSIDERATION OF cost more like $1 trillion. Is that be- has made a major assumption, which H.R. 2701, INTELLIGENCE AU- lievable? is, if people just knew what was in his THORIZATION ACT FOR FISCAL The President repeatedly said that bill, they would really like it. Probably YEAR 2010, WAIVING REQUIRE- Republicans had no ideas. Yet, in Balti- the opposite is true. What we have seen MENT OF CLAUSE 6(a) OF RULE more, just a month or two ago, he said, is our constituents, my constituents, XIII WITH RESPECT TO CONSID- not that the Republicans had no ideas, have called in, and they have read por- ERATION OF CERTAIN RESOLU- but that he’d read a good number of tions of these bills. They know what is TIONS, AND PROVIDING FOR the bills that had been introduced by in the bill. Guess what? They don’t like CONSIDERATION OF MOTIONS TO the Republicans. Is that believable? it. In fact, this bill that is being pro- SUSPEND THE RULES The President also pledged trans- posed is ugly. It’s so ugly it has to Mr. ARCURI, from the Committee on parency and openness in the whole sneak up on a glass of water just to get Rules, submitted a privileged report process of developing a health care bill. a drink. Well, let’s take a look specifi- (Rept. No. 111–419) on the resolution (H. What we have seen has been that bills cally at why it is that we are going to Res. 1105) providing for consideration are developed behind closed doors, and have this great health care political of the bill (H.R. 2701) to authorize ap- for tomorrow, the bill that has been drama tomorrow, and yet we are not propriations for fiscal year 2010 for in- created behind closed doors is going to really passing the believable test. Let’s telligence and intelligence-related ac- be revealed only for 24 hours. So is the just take a look to see if anything has tivities of the United States Govern- transparency-openness pledge believ- really changed at all. ment, the Community Management Ac- able? First of all, this bill imposes $500 bil- count, and the Central Intelligence In Baltimore, the President talked lion in Medicare cuts. That’s a whole Agency Retirement and Disability Sys- about the fact that he has a lot of eco- lot of money. Five hundred billion dol- tem, and for other purposes, waiving a nomic experts scoring the bill and tak- lars is going to be taken out of Medi- requirement of clause 6(a) of rule XIII ing a look at whether it works finan- care. The old Democrat bill took $500 with respect to consideration of certain cially or not, whether or not the dif- billion out of Medicare. The Presi- resolutions reported from the Com- ferent component parts come together dent’s new bill takes $500 billion out of mittee on Rules, and providing for con- and whether or not it achieves the eco- Medicare. The Republican alternative sideration of motions to suspend the nomic results that he wants. Yet, when takes nothing out of Medicare. Well, rules, which was referred to the House the Congressional Budget Office, which nothing seems to have changed here. Calendar and ordered to be printed. is supposedly and to a large degree po- This bill enacts job-killing tax hikes and government regulations, costing f litically neutral, scored the bill, they said that the Republican bill actually hundreds of billions of dollars. In the POLITICAL DRAMA AT THE WHITE reduces premiums by 10 percent while old Democrat bill, yes, that was true HOUSE the Democrat bill makes them more for it. The President’s new plan, which The SPEAKER pro tempore. Under expensive. is online, likewise enacts a lot of job- the Speaker’s announced policy of Jan- Then there is a question about killing tax hikes and government regu- uary 6, 2009, the gentleman from Mis- whether or not the meeting tomorrow, lations that cost billions of dollars. Yet souri (Mr. AKIN) is recognized for 60 which is attempting to be billed as bi- the Republican alternative does not. minutes as the designee of the minor- partisan and bipartisanship—does that It spends $1 trillion on a government ity leader. really make sense? Because, if you takeover of the health care system. Mr. AKIN. Madam Speaker, this write a bill behind closed doors, unveil- This is something that people are real- evening we stand just before a day—to- ing it at the last minute, within 24 ly conscious of. This is a government morrow—of great political drama. hours, and then demand that the Re- takeover of an entire sector of the U.S. I am trained as an engineer, and not publicans agree to it, is that really bi- economy—$1 trillion. I think that num- much of an expert on drama or plays, partisanship? I wonder if that is believ- ber is short because it’s not counting but I have at least one theory about able. the unfunded mandates to States. The acting in plays and drama, and that is, The President promised us that the old Democrat bill does that. The Presi- usually it’s very good or very bad. bill that he was going to present when dent’s new bill does it. The Republican

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H818 CONGRESSIONAL RECORD — HOUSE February 24, 2010 bill does not. So what has changed derstood the bill better, they would the bill if the older people don’t like it. here? like it. No. Wrong. If you’re young, you won’t It benefits trial lawyers by failing to What I would propose is that the like the bill because this bill forces you enact tort reform. Well, the old Demo- President is mistaken in that regard. to pay for government insurance which crat bill did not have any real tort re- What I would like to talk about for is written the way the government form in it. In fact, it went the opposite just a few minutes are the people who says you have to buy the insurance. If way. The President’s new bill is not are not going to like this bill when you don’t buy that insurance, you’re different. The Republican alternative they see what it has got in it, because going to be penalized. You’re going to is the opposite. It protects backroom there are a lot of these groups of Amer- have to pay a penalty. deals with Washington special inter- icans, various groups, and I will tell If you are a young person, if you like ests. We’ve been told these deals have you which groups they are and why freedom and if you don’t want the gov- been taken out, but they’ve not been they’re not going to like this bill. I ernment telling you what kind of in- taken out. The old bill had those spe- think, the more that this bill is talked surance to buy or if you have to buy in- cial deals. The new bill does. The Re- about and the more that people read it surance, you won’t like this bill for publican bill does not. and see how it works, what’s going to those reasons. It puts government bureaucrats in happen is that you’re going to see The next group of people that will charge of personal health care deci- these numbers change. probably not like this bill is the group sions. This is something a lot of Ameri- Right now, in the public opinion of of people who are married. What this cans are very concerned with. It’s bad health care, 58 percent of voters na- bill does to married people is it says, if enough if some insurance company is tionwide oppose the Obama health care you’re married, you’re going to have to getting between you and your doctor, reform plan; 58 percent oppose it; 50 pay more money for your health insur- but it’s even worse if a government bu- percent of voters strongly oppose the ance than if you’re single. So there is a reaucrat does because, if you don’t like plan, and 78 percent of voters expect marriage penalty in this bill. the insurance company, you can the plan to cost more than projected. In other words, if you have two indi- change companies. You can’t change So it’s not very popular now. The ques- viduals who are both making the same governments. So, again, the new pro- tion is: If they see 6 more hours of amount of money—say you have two posal is no different than the Democrat drama, are they going to like the plan individuals making $32,000 a year. If proposal, and the Republicans are not any more? I would suggest that there you take a look at what those two sin- doing that. are all kinds of groups of people who gle individuals have to pay, because It breaks President Obama’s pledge are not going to like this plan. Let me they get all the subsidies under this not to raise taxes on those who make talk to you about some of those groups bill, they are going to have to pay a lot less than $250,000. Well, certainly, the of people. less than the two people, as husband old Democrat bill did raise taxes on The first is a category that I am in- and wife, who are making the same people making less than $250,000. The creasingly putting myself in, and amount of money. Those people will new proposal still taxes people more that’s the group of people who are have to pay $2,000 more. So this bill who make less than $250,000. The Re- older. I just hit 62 years old, so I’m contains, for that example, $2,000 of publican proposal does not. feeling a little bit older, and older peo- penalties for people who are married. It forces individuals to purchase gov- ple aren’t going to like this plan for a So, if you’re married, you probably ernment-approved health insurance. couple of reasons: won’t like this bill. That’s something that people are pret- The first reason they won’t like it is Now, if you happen to fall in the cat- ty sensitive to—the government’s tell- because of something we mentioned egory of being pro-life, or at least if ing you that you must buy health in- just a minute ago, which is that this is you fall in the category of not wanting surance. The old Democrat bill does going to take $500 billion out of Medi- government money, your tax money, to that. The President’s proposal still care. Now, when I was first getting pay for abortions, you won’t like this does it. Republicans reject that idea. It started in politics years ago, the Demo- bill because the bill that’s being pro- forces employers to choose govern- crats always accused Republicans of posed is the Senate bill, and it allows ment-approved health insurance or taking money away from Medicare. in these insurance policies, which are they are going to have to pay a new Yet, ironically, this bill which is being government funded, for people to get tax. So the government is going to tell proposed by the President is taking abortions through the policies. you what kind of insurance you have $500 billion out of Medicare. So, if 2000 got to purchase or you are going to you’re an older person, you probably b have to pay a new kind of tax. The old won’t like it for that reason. So there is not a strict and clean line Democrat bill did that. What the Presi- If you are an older person, there is a in the bill the way the House version of dent is proposing continues to do it. bigger and more serious reason that the bill was passed which says that The Republicans don’t. you will not like this bill. If you are there is absolutely no using these gov- So is this great drama that is sup- older, you will go to see the doctor ernment policies to do abortions. So if posed to take place tomorrow really more. If you go to see the doctor more, you’re pro-life, you will not like the something new? I’m not so sure that it what this bill is going to do is it is Senate version of this bill, and you will is in that it seems to follow the same going to harm the quality of American hear people who are involved in the pattern. health care. It will harm the quality. pro-life cause standing and arguing vig- Now, if we take a look at the pro- This has been the experience of every orously that the Senate version is un- posal, the proposal is still pretty much nation that has had its government acceptable. the same thing. Here is a picture of take over health care. It has also been Now, if you own a small business, what this bill looks like. You have got the experience of two States—Massa- you’re not going to like this bill. If you a 2,000-page bill, and it is pretty com- chusetts and Tennessee—which have own a small business, this is going to plicated. To try and read 2,000 pages in had their State governments try to cause you trouble in a number of dif- 24 hours is quite an undertaking. The take over health care. In every one of ferent ways. First of all, you’re going only advantage that some of us have is those experiences, the quality of health to be taxed a tremendous amount of that it’s so much like the other pro- care has gone down, and the cost of money to help pay for this whole thing. posals that it is not really that dif- health care has gone up. If you think about small business in ferent. You don’t have to read all 2,000 So, if you are an older person and if America as being people who have 500 pages of it to know what’s in there. you see the doctor a little bit more, employees or less, that is, 80 percent of As I mentioned, the President makes first of all, you’re not going to like the jobs in America are small business an assumption, which is that, if people that great big cut to Medicare. Second people, those companies are not going just understood the bill better—now of all, the quality of your health care is to like this bill, the people that run that’s obviously something that he going to go down. those companies, because of the fact could talk about for 6 hours, I think, if Now let’s say, instead of being older, that it requires those companies, first it’s that complicated. If people just un- you’re young. Certainly you would like of all, to pay a great deal of increased

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H819 taxes to help pay for the trillion-plus- that illegal immigrants cannot come in appears to apply only to some Con- dollar bill in this package, but also it and get health care and get the sub- necticut hospitals. requires those companies to buy the in- sidies to health care that will have to There’s millions of Medicaid dollars surance that the government tells be paid for by the American public and for Vermont and Massachusetts, that’s them they have to buy, and if even one all the people who are taxed to pay for $1.1 billion total. It helps with the Med- employee doesn’t like it, then there are this measure. So if you’re concerned icaid program and gives about $600 mil- going to be additional penalties. This is about illegal immigrants coming and lion to Vermont; Massachusetts $500 going to cost small businessmen a lot getting a free ride in terms of govern- million, for those States. of taxes and a lot of regulations and ment-paid-for health care, this bill Cash for New Jersey drug companies. red tape. If you’re a small business- does not contain the protections. If New Jersey’s getting a deal. The cost is man, you’re not going to like this bill. you’re worried about illegal immi- $1 billion for special deals for New Jer- If you’re unemployed, you won’t like grants coming into this country and sey. this bill because this bill is going to getting subsidized health care, this bill Extra cash for union health care cost jobs. It will make it harder for you does that and there is no protection plans. This is a deal of $5 billion. It to get your next job. How is it that this against it. says that there’s going to be a reinsur- bill will make it harder for you to get If you’re one of 36 States who do not ance program to defray the medical your job? We’ll get into that in a little want the Federal Government to man- costs of union members. So that’s $5 bit more detail later, but the basic ele- date that everybody in your State has billion for union member health care ments of creating jobs in our economy to buy government-certified health costs. is allowing the small businesses to cre- care, if you want the people in your Are there other special deals? Yes, in ate the jobs by creating an environ- State to have some sovereignty, if you fact, there are. We don’t have to pay ment in the small business that makes care about State sovereignty and you any Medicare Advantage. Remember jobs. want the people of your State to make how I said this bill is going to cut $500 How does that happen? Well, one, you their own decisions how they’ll spend billion from Medicare. But it won’t cut don’t want to tax the guy that owns their money and you don’t want the Medicare Advantage for people in Flor- the business because you want him to Federal Government to force the peo- ida. So if you’re in Florida, you won’t put his money back into the business ple in your State to pay for insurance, get that Medicare Advantage cut; the to expand it, to buy new equipment, to then this bill is something that you other States will. put a new wing on the building in order don’t want. And there are 36 different Special funding for coal miners in to create more jobs. This bill does the States, out of 50, 36 States that have Montana. Yes, it does. The cost, we’re exact opposite. It buries the small busi- legislation that is in the process of not quite sure what that is, but it’s ness owner in taxes and red tape and a moving in those States essentially ban- Medicare coverage for workers exposed lot of unknown costs for health care. ning the Federal Government from re- to environmental health hazards. When you do that, it’s going to make quiring citizens of those States to have There is a fee exemption for politi- the small business less likely to hire to buy health insurance product. So if cally connected insurers, in Michigan people, and, therefore, if you’re unem- you’re one of those 36 States where the apparently. Higher Medicare payments ployed, it’s going to make it a lot hard- legislators are saying we don’t want for North Dakota providers. Hawaii er to get a job because this is a job- the Federal Government butting into hospitals are getting exempt from the killing proposal. So if you are an un- our business, telling our citizens that cuts. And longshoremen are exempt employed person, this is not something they have to buy insurance, then this from tax or health plans. There is a that you want to see passing right is something that you certainly whole series of special deals. So if you away. wouldn’t want. don’t like special deals for various The people in America who own The other people that might not like States that your State doesn’t get, you health insurance are not going to like this, and this probably goes almost won’t like this plan. this bill. If you own health insurance, without saying, are people who make a I think one of the groups, and this is what this bill is going to do is it’s fair amount of money. People who probably not exactly small that doesn’t going to charge you more money for make a fair amount of money are going like this plan, would be doctors. Why your health insurance to help pay for to be taxed very heavily in a number of would that be? Well, what does a doc- the people who haven’t bought any different regards to try to help sub- tor do? Why does a doctor become a health insurance. So this bill is going sidize this new health insurance plan. doctor? Many of them will say that to cost you more for the health insur- If you’re well-to-do and you don’t like they really wanted to take care of peo- ance if you own health insurance. huge taxes, then you certainly are not ple and help them with their health Let’s just run through the list of who going to like this plan. care. Why, then, would a doctor dislike wouldn’t like this bill. If you’re older, If you happen to be somebody that’s this plan other than its great com- you won’t like the bill. If you’re young, concerned with doing things in a just plexity? you won’t like the bill. If you’re mar- way, that is, if you’re concerned that Well, one of the things that’s ex- ried, you won’t like the bill. If you’re every State gets the same deal, that tremely frustrating to doctors, as well pro-life, you won’t like the bill. If there are no special deals in this legis- as patients, is something that we don’t you’re a small business owner, you lation, you’re not going to like it. like but has happened, and that is you won’t like the bill. And if you’re some- We’ve been told that the special deals allow an insurance company to come body looking to get a job from that have been taken out. But, unfortu- between a doctor and a patient. I think small business owner, you still won’t nately, that’s not true. Here are some most people consider that doctor-pa- like the bill. Then also if you have of the special deals in this proposal tient relation—certainly my Repub- health insurance, you’re not going to that are still there: lican colleagues would say if there’s like the bill either. So there’s a whole One of them is what they call Lou- anything in health care that should be lot of people that just naturally when isiana Purchase No. 2. And that is principally sacred, it would be the fact they take a look at what all of this something for, I believe, MARY that the doctor and the patient need to complicated maze means to them, LANDRIEU out in Louisiana. The cost is make the final decisions on health those are all people who aren’t going to $300 million, and it provides a special care. That’s something that we don’t like this proposal. assignment for States recovering from want to have disturbed, and if an insur- Is that all there are who won’t like a major disaster. It’s written just to in- ance company is allowed to come be- the proposal? Oh, no. There are a lot of clude this one State, and it’s $300 mil- tween the doctor and the patient, we other people who won’t like the pro- lion to add to the State Medicaid pro- don’t like that. We don’t want some- posal as well. Let’s take a look at some gram. So that’s a $300 million special body that’s not a doctor getting in- of the others. deal for Louisiana. volved in medical decisions. If you are concerned about illegal im- How about for Connecticut? Yes, Unfortunately, in versions of this migration, you won’t like the bill be- there is a special deal for a Con- plan, what you have is you have insur- cause this bill provides no guarantee necticut hospital, $100 million, which ance companies who are allowed to

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H820 CONGRESSIONAL RECORD — HOUSE February 24, 2010 make medical decisions and are not If you are one of the many States who some government creation to try to held legally accountable for the out- are concerned with a government man- make this thing work, because the gov- come of those decisions. That’s bad date that every citizen has to purchase ernment is taking over, you have to re- enough, but a doctor particularly won’t government-certified health care. If member, almost a fifth of the U.S. like this plan because, instead of an in- you are well-to-do. If you are those economy. And when they do that, they surance company, which you can al- who don’t like the special deals that have got to create a lot of bureaucrats ways change or at least you have some some States get and other ones don’t and boxes and flow charts and all that chance to change, you have no chance get. If you are a doctor, you are not kind of stuff. If you don’t like red tape, to change the Federal Government if going to like this plan. And if you care you are not going to like this bill. the Federal Government is the one about the doctor-patient relationship, And then people who don’t trust the that is coming between you and your you particularly won’t like this plan. government to run the economy. Well, doctor. So if you’re a doctor, a lot of And if you happen to be a person with I think there are a lot of people who doctors do not like this plan. In fact, cancer, you’re not going to like this think that the government is not prov- there have been a dozen different Re- plan. But then again, you may be dead, ing to be very efficient in the way it publican doctors on the floor over the so you might not care as much. runs a lot of things. Even the premise period of the last year talking about And then you have other people, behind this bill is, well, we’ve got a the fact that they don’t like this plan. leaders who are in State government, problem with Medicare, so we’re going They think it’s terrible, and that governors, legislators, various senators to take the money out of Medicare, and should tell us something. There is an- or house members in State govern- Medicare isn’t working quite right, so other constituent group that does not ment. Why would they not like this therefore what we need to do is to re- like the plan. plan? Well, here, this is another group place Medicare with the government There’s another group of people who that has a pretty good concern; and taking everything over. There is some- will not like this plan, I happen to fall that is the trillion-dollar bill that has thing about that logic. into this group, and it’s one that you been attached to this plan, that tril- If you take a look at the overall fi- might not think of off the top of your lion-dollar bill is not the full cost of nances of the U.S. Government, what head, and that would be people who the plan. A lot of cost is going to be you find is it is not a big problem with have cancer. Why would people who passed down to the various States. So earmarks, the real big problem is with have cancer not like this plan? Well, this plan contains unfunded mandates three entitlement programs which are one of the things that has been done is on the various States. growing because of the demographics to take a look at the survival rate in Now, a lot of States, because of the in our country and because of the na- people who have cancer in various recession and the high level of unem- ture of those entitlement programs. countries. What you find in England is ployment, their State revenues are The entitlement programs are Social the survival rate is much, much lower very tight. In fact, some of them are in Security, Medicare, and Medicaid. Two than the survival rate in America. The the red. And if we, through this plan, of those are medical entitlements, survival rate of cancer patients in Can- produce something that first of all is Medicare and Medicaid. Both of those ada is lower than the survival rate of going to create more unemployment are growing to the point that over cancer patients in America. So if and going to cost more money to the time, and people disagree exactly what America, then, changes our medical various States, people who have to year it happens, but they bust the en- system to be more like England or Can- manage the State budget, unlike the tire Federal budget. They grow so big, ada, we have to assume also that then Federal budget, many States have a they balloon so large that you can’t de- the survival rate of cancer patients is balanced budget requirement. And so if rive taxes any more, and they basically going to be less. It’s going to be harder you keep adding more costs to those shut out all of the money that Con- to try to survive cancer when you have States, they are going to have to cut gressmen are supposed to spend on dif- a State-run system doing cancer. So other things on the State budget in ferent things like defense or all other there’s cancer patients. order to pay for this big government- kinds of government programs. So The list does seem to be getting a lit- run program. The exact numbers on these things, like a cancer, are growing tle bit long. And is it really such a what unfunded mandates this includes so big that they threaten to break the good idea on this great drama that’s are not entirely known, particularly Federal budget and the Federal piggy supposed to take place tomorrow, in when a plan is being released and you bank. In fact, right now those three competition, by the way, with the have 24 hours for different economic programs, Medicare, Medicaid, Social Olympics, this great political drama, is experts to look at it. Security, have almost gotten to the the assumption really true that if the Now, is it possible that the reason point where they are taking half of the American people see this bill more that this bill, after it has been put to- disposable budget of the country. closely, they’re going to love it more, gether behind closed doors, is trotted So now we have got Medicare and or is it possible that in this drama, the out for only 24 hours, that the reason Medicaid out of control. And so what real villain in the drama is this very for that is people really don’t want a are we going to do? Oh, well, we’re bill itself? Is it possible that all of good economic look at what this is going to have the government take these different groups of Americans going to cost? I hope that is not the over all of health care. That doesn’t really do have it right? case, but it is very hard in 24 hours for seem to be a credible solution to that the Congressional Budget Office to problem. b 2015 come up and say, well, here is what it This is an article from the New York Let’s run through this again. This is is really going to cost. Times. ‘‘As a result,’’ this is talking a pretty significant list as I go through And even if you take their best esti- about this great meeting, this great po- it. I would like you to ask yourself, do mates, which I think they try, in the litical drama that is supposed to take I fall into that group myself? Is this past their estimates of Medicare were place tomorrow, ‘‘Democrats now are something that is going to affect me in way, way off by a factor of two or three considering a plan to use a parliamen- a bad way? Certainly a great majority or as much as seven times off. Those tary maneuver called budget reconcili- of Americans believe it will hurt them, numbers tend to be much lower than ation to attach changes to the Senate and it is not a bill that they want. But what the real costs of the programs health care legislation as a budget let’s take a look at who these people are. So there are a lot of people in var- measure which cannot be filibustered are that wouldn’t like it. ious State leaderships that are not and requires only a simple majority for First of all, if you’re old. Then if going to like this plan. passage in the Senate.’’ you’re young. If you’re married. If People who do not like red tape. I Now, does this look like a bipartisan you’re pro-life. If you’re a small busi- don’t think we need explain that one effort to cooperate on health care? I ness owner. If you’re unemployed. If very much. If you don’t like red tape, don’t think so. What this is is a call by you have health insurance. If you’re you are not going to like this. This is the captain of the ship to go to ram- concerned about illegal immigration, a simplified version of a 2,000-page bill. ming speed, to take the bill which a and they are getting health insurance. And every one of these new boxes is majority of Americans do not support

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H821 and to try to jam it through. Now, ment. Somebody made the comment AIG, $85 billion going to $140 billion, there can be a nice political drama to- that unemployment is an important done by the Federal Reserve. morrow, but is it really working in a issue, but it really becomes critical Mr. AKIN. What you are saying, Con- cooperative spirit to go behind closed when you are the one that is unem- gressman KINGSTON, a billion here and doors, put together a bill, pop it out ployed. Yet my understanding is that a billion there, that starts to add up, within 24 hours, and then demand that this drama, this political drama, is ba- doesn’t it? the Republicans all go along with it? Is sically rehashing the same old play, Mr. KINGSTON. It absolutely does. that really working in a bipartisan way which is, here we go again with this But the thing I am saying on this Fed- or is it really just more of my way or health care situation. eral Reserve spending is that neither the highway? I will leave that to your You made the comment that they Senator nor President Obama has spo- decision. But that is what the New had, I think it was a $787 billion, some ken out against that. He embraced the York Times, not exactly a conservative people called it a stimulus plan. TARP bill, the Wall Street bailout, oracle, is saying this is the plan, is to Mr. KINGSTON. If the gentleman with both arms. That is $700 billion. take the bill that went through the would yield a second. Then there was $410 billion for the om- Senate, which a great majority of Mr. AKIN. I do yield. nibus spending bill. And then, as you Americans do not support, and push it Mr. KINGSTON. Actually, as price pointed out, $800 billion for the stim- through anyway. tags tend to expand after legislation is ulus bill. Now he is proposing $950 bil- This is where the public is now. passed in Washington, the Obama stim- lion for this government health care Fifty-eight percent of voters nation- ulus plan was $787 billion, but they re- plan. And yet he still says that he wide oppose this health care reform vised it now another $75 billion, so it is wants to reduce spending. plan. Will 6 hours of drama tomorrow well over $800 billion. I’m on the Agriculture Committee. change that? Is this going to change? Is Mr. AKIN. Over $800 billion? We had a hearing today with the Sec- it really going to be drama, or does it Mr. KINGSTON. Yes. retary. I think the Secretary is a very lack credibility? I would suggest that Mr. AKIN. Some of us stood here and decent Secretary. But the proposal of when I take a good look at this, I think said, This is not going to work. I was the administration is to freeze agricul- people may yawn and say, this sure standing on this floor a year ago and I tural spending. Agricultural spending looks like the same old same old, we said, This stimulus plan will not work. has gone up 26 percent since 2007. Yeah, haven’t seen very much changing, and It wasn’t because some of us were such you have a run on the bank—— the Olympics is a whole lot more excit- geniuses. It is because we had learned Mr. AKIN. Wait a minute. This is one ing. from Henry Morgenthau back in the of these ones just like we are talking As I started by saying, I have ob- 1930s, who stood before the House Ways about in that health care plan. This served things about drama and plays. and Means Committee and said, we doesn’t compute, does it? We say we And the things that I have observed are tried this idea of excessive government are going to freeze something that we that they tend to be either really good spending, money that we didn’t have, just raised by over 25 percent in a year or really bad and boring. And so that is and we tried to spend money like mad. or two. That’s incredible. my concern about the high level of This is the guy who was Little Lord Mr. KINGSTON. There is no end to drama tomorrow. Keynes’s buddy, he was FDR’s Sec- this. Today at the Business Roundtable Now, one of the connections that I retary of the Treasury, and he said, it the President said something like, I am think we need to make, and it is some- doesn’t work. a staunch capitalist, I believe in the thing that has been made, is the con- Now, I don’t think you had to be a capitalist system. And yet let’s look at nection to something that I think is on rocket scientist to figure that when the last record. There is not a govern- the minds of Americans maybe more you and your family are in trouble eco- ment regulation that this administra- than a government-run health care nomically that what you do is don’t go tion hasn’t embraced and said, look, we program, and that is the problem of un- spending money like mad. If spending need the government to do this. employment. I would like to connect money was going to give us a good Mr. AKIN. Government to do more these two because these two do connect economy, boy, we would have a great and more things. You know, if we go together. economy right now. back to that whole thing you are talk- I see that I am joined by my good Mr. KINGSTON. I’m glad you ing about on that supposedly stimulus friend from Georgia. JACK, were you in- brought that up. Because as you know, bill, this is such basic stuff, and yet terested in joining our discussion? as Republicans we overspent. somehow the administration doesn’t Mr. KINGSTON. I certainly am. I Mr. AKIN. We did. understand it. We have a lot of unem- wanted to ask the gentleman from Mis- Mr. KINGSTON. We spent way too ployment, we have a whole lot of souri something. much money. Now, I will point out this Americans that would like to get jobs, Mr. AKIN. I yield. year’s deficit alone at $1.4 trillion is and so the question is what can the Mr. KINGSTON. As I understand it, more deficit than George Bush had in government do to try to get those jobs this theater tomorrow, this summit at the entire 8 years. Let me repeat that. going? And I have made a list of all the the White House about health care, I Eight years of Bush is still less debt wrong things to do. These are the want to make sure I understand, is it than 1 year of President Obama. things that are job killers. health care only? Certainly they’re Mr. AKIN. Let me just toss that Now, if you take a look at what are going to talk about jobs. We had the number a different way. George Bush’s the things that kill jobs, first thing off stimulus program when the unemploy- worst debt year was with a Nancy the bat, we score the stimulus bill you ment was less than 8 percent. It is now Pelosi Congress, and that was about are talking about, the health care bill over 10 percent. The stimulus program, $400-something billion. I agree with that is supposed to be the centerpiece which was over $800 billion, was spent you that was too much debt. And that of this great political drama tomorrow, over a year ago, it’s deficit spending, was ’08. You go to ’09 with President and it is supposed to be something new, it’s borrowed money, and it was sup- Obama, and his very first year was $1.4 and they are going to open the box and posed to keep unemployment from trillion, three times more than Presi- it is going to be the same old ugly going to 8 percent, now it’s up to 10 dent Bush. And then they want to say, thing that was there before. What is it percent. Certainly tomorrow at the yeah, but it’s Bush’s fault. Wait a that kills jobs? This stuff is not com- White House the topic isn’t going to be minute. plicated. Anybody who ran a lemonade more spending for a government health Mr. KINGSTON. Actually, also there stand as a kid is going to understand care program. Certainly they do plan might be something to it if the Presi- what these things are. to talk about jobs. dent had not been Senator Obama. Be- The first thing is economic uncer- Am I correct or incorrect? cause Senator Obama voted for every tainty. If a guy that owns a business, Mr. AKIN. What you just said, Con- single appropriations bill; and the Bush because you think all these jobs, most gressman KINGSTON, I would wish that stimulus program in May of ’08, about of them are in small businesses, 500 or that were true. I think the American $168 billion; July of ’08, Fannie Mae, less, that is 80 percent of the jobs in public is concerned about unemploy- $200 billion; Bear Stearns, $29 billion; America, if you take a look at those

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H822 CONGRESSIONAL RECORD — HOUSE February 24, 2010 guys and if you say, hey, I don’t know private sector people could get to work ment, I’m here to help. I haven’t found what in the world the future is going to 2 weeks ago in the snow. Not every day, a school board or a school board mem- bring, you are going to go, boy, I don’t not every hour, because it was a bad ber back home or a teacher in the want to take any risks because we just storm. But for government employ- classroom who can’t spend the money don’t know what’s going to happen. ees—— more efficiently and more effectively You’ve got this huge tax for the social- Mr. AKIN. My friend, you’ve men- because, you know, there’s an old Lo- ized medicine bill, you’ve got this glob- tioned that snow. I heard—I wish you retta Lynn song about raising children. al warming deal, which is a tax on en- could tell me if it’s true. I heard that One needs a spanking, one needs a hug- ergy, tons of red tape that go along the snow was going to continue unless ging, and one’s on his way. And you with it, a lot of uncertainty. Al Gore said ‘‘uncle.’’ Is that true? know, that’s the situation with edu- Mr. KINGSTON. The gentleman is Mr. KINGSTON. Well, let’s just say cation. It’s the teacher in the class- right. Investment money is going to sit the global warming campaign has been room who knows how to teach Johnny, on the sidelines until the government a great disappointment except for the not some bureaucrat on the sixth floor sets the rules and keeps them. Busi- Vice President’s pocketbooks. He’s three offices down at the Department nesses can adjust. Even if the rules are done real well on this financially. of Education in Washington, D.C. a bit excessive and high and unreason- But, you know, you think about the Well, you know, what about Medi- able, business will adjust to it. But if government efficiency. Think about care? you keep changing it, they can’t ad- Katrina. What was that, $120 billion to Now, Medicare’s a very important just. So of course investment capital is rebuild New Orleans? I would think health care program for our seniors— going to sit on the sidelines. That’s Democrats and Republicans share the my mom’s on it and I think your par- just economic common sense. blame. Government did not do a very ents are—and yet it’s going broke. $36 Mr. AKIN. So the first thing is if you good job. trillion in unfunded assets? What are Think about the war in Afghanistan, take a look at what we have been we doing to senior citizens? The pro- now going into its eighth year. We doing, we have injected a whole lot of gram is going broke, and yet we have have not executed the war very well. uncertainty into the system to begin our head in the sand. Think about Social Security. It’s Mr. AKIN. What I was just talking with. going broke. I look at my 24-year-old about here on the floor a little bit with Mr. KINGSTON. With more to come. son and your children. They are not this great drama that’s supposed to More to come. As you said, cap-and- going to get it. That’s a mathematical take place tomorrow, the question is, trade, but you did not mention the reality. That’s not political spin. It you know, drama, there’s supposed to banking bill. This is another financial runs out of money in 2030, period. Now, be some element of it being credible. A takeover. And you know, I haven’t seen we could tinker around the edges and science fiction movie, it’s a cheesy a lot of wisdom behind the govern- postpone that maybe a year or two, but movie if it’s unbelievable. And yet ment-knows-best mentality of the it needs working. what’s going on tomorrow is we’re Pelosi House. Mr. AKIN. Now, one of my favorites going to take $500 billion out of Medi- Mr. AKIN. Congressman KINGSTON, I there is the Department of Energy. Did care. am glad you mentioned that, because you know why the Department of En- Now, and then the idea is that after when I take a look at some of this un- ergy was originally created? Quiz time. people watch this 6-hour great debate, certainty, I think of three nets that Mr. KINGSTON. I have a feeling it that they’re going to be happy and are being thrown over free enterprise. was Jimmy Carter trying to get us off they’re going to like the bill when they The first was a net on everything that Middle East oil. Is that—— find that they’ve taken $600 billion or has to do with energy. And as an engi- Mr. AKIN. You go to the head of the $500 billion out of Medicare. And I’m neer, energy is very pervasive in every- class. The whole purpose of the Depart- thinking, I’m not sure that people thing. ment of Energy was to make sure we’re aren’t going to just say that bill is b 2030 not dependent on foreign oil. ugly. Mr. KINGSTON. And I think, at the Mr. KINGSTON. You know, there’s a So, if the government is regulating time the export or the import amount joke about the guy asks his friend, he energy all over, that’s, as you say, a from the Middle East was maybe 50 to says, Why don’t you ever read the government takeover of a type. 60 percent, or, no, excuse me. It was Bible? And he says, Well, you know The next net is over all of health about 35 percent, and now it’s up to the what? I just don’t understand all that care. But the third net most people 50 or 60 level. stuff that’s in there. And the guy re- don’t know about, and I’m very thank- Mr. AKIN. Of course the Department plies and says, Well, I don’t think it’s ful that you brought that up, and that has grown tremendously as we’ve be- the part that you don’t understand is the net over all the financial trans- come more dependent on Middle East- that is bothering you. actions. Now, you put those three nets ern oil. What was it they said? The And the President says over and over in place and you don’t have very much compassion of the IRS and the effi- again, I guess this is maybe his back- of free enterprise anymore, because the ciency of the post office or whatever. ground in, you know, Ivy League government is tinkering and tampering Mr. KINGSTON. Yes. But let’s talk schools or, you know, the circles that and adjusting and fiddling around with about the Department of Education. run around in the Northeast that, well, the rules in all of those areas. And that Boy, I tell you what. School systems the American people, bless their heart, really builds that economic uncer- have really done well, haven’t they, they just don’t understand this health tainty, and that’s a job killer. since the Department of Education. I care bill. You know, what has he given, Mr. KINGSTON. Well, you know, it’s mean, there’s no way you could argue 50 speeches? I don’t know. I know I had interesting the way the Pelosi-Reid- that. 19 town hall meetings. The people un- Obama triumvirate always is coming Mr. AKIN. Did you know there was a derstand the health care bill. If there’s back to government and Washington report that was done on the Depart- one certainty in the whole debate it is solutions because, as I see it, looking ment of Education? I think it was dur- that the American people understand at the government performance, Re- ing the days of Ronald Reagan. Their the Obama-Pelosi health care bill. publican or Democrat, it hasn’t been conclusion in the report was that if a Mr. AKIN. That’s what I find is al- effective. Just think about Wash- foreign country had done to America most comical in this whole thing be- ington, D.C., two weeks ago, shut down what the Department of Education had cause, you know, you take a look at because of snow. Now, you know it done to education, we would consider it the American public—and this is my might be worth 48 hours, but this was an act of war. I thought that was kind 10th year in the U.S. Congress, and I’ve a town where, essentially, everybody in of an interesting report that we’re pay- got constituents that are reading this the government took off for a week. ing money for a department that has stuff, and they know the bill. And you Now, it’s interesting. My son works done what would be considered an act can’t tell me these people don’t know in Washington, D.C., in the private sec- of war. what’s in this bill. People know what’s tor. Somehow, his roads were open. Mr. KINGSTON. Well, you know, the in it, and they don’t like it. They think And I saw that over and over again, the old expression, I’m from the govern- it’s ugly

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H823 Mr. KINGSTON. You know, the town Mr. KINGSTON. I understand there’s a more fuel-efficient car. We give you a meetings that you and I had, the town some special interests for Louisiana, tax credit. They take your old car, put meetings where you did not have to Connecticut, Michigan, and those are it out to pasture and put it down. And, have an invitation, the town meetings the deals we know about because those you know, it’s kind of an easy thing to where you invited Democrats, Repub- were a little bit more visible. But you follow. Stimulates the car dealerships. licans, Tea Party members, independ- can imagine all the other oddball stuff Well, that program was supposed to ents, out-of-towners, nonregistered in there, the hospital wings that will last from August to November. It was a voters, the kind of town meeting where be built here and there. $1 billion program. I think they hired you had open mikes and anybody could Mr. AKIN. Hospital’s in—my under- 100 employees, came back a week later stand up and say anything they want- standing is the hospital is in Con- and said they needed 1,100 employees ed—— necticut; Medicaid dollars, Vermont, and $3 billion. And even doing that, Mr. AKIN. Those meetings seemed to Massachusetts, New Jersey; drug com- Cash for Clunkers was dead and defunct have been pretty exciting this last panies; extra cash for union health care within a matter of weeks. year. plans. I have a list of some of these. So you now feel that that same gov- Mr. KINGSTON. Well, you know what Montana coal miners. Florida seniors ernment that brought us Cash for I found though? The people were read- don’t have to pay that Medicare Ad- Clunkers, a $3 billion program, is going ing the bill. And I’ve got to say this to vantage. You know, Medicare’s being to be able to run a $2 trillion health the people who supported the bill, they cut, but you don’t if you’re a Florida care bill. found some good stuff in there and said senior. It’s not cut there, but in other Mr. AKIN. Well, I thank you, gen- to me, you ought to support that. And States it is. If you’re a union guy, it’s tleman, for joining me today. And the there were some things in there that I not. But if you aren’t, you know. And question at the beginning was is this think are worthy of supporting. then there’s North Dakota Medicare going to be a credible theatrical per- But I still think it’s very difficult to payments. Hawaii hospitals are exempt formance tomorrow or are people just make a bad bill a better bill. I think it from the cuts. And longshoremen. I going to tune in to the Olympics. I would be better to start all over, pick didn’t know about longshoremen. But guess we’ll see tomorrow what’s going and choose some ideas from Repub- there are, of course a bunch of these to really happen, but I’m not sure licans. You don’t have to start at special deals in the program. there’s much new, from what we can Ground Zero as if you’ve never heard of Mr. KINGSTON. So special interest see about what’s being proposed from health care reform ideas, but you groups have clearly been on the inside the White House. should start all over in this legislation. of this and their fingerprints are all What if this was the Pelosi-Boehner- f over the health care bill. Reid-McConnell bill? What a different Mr. AKIN. Yeah, exactly. That’s the b 2045 thing. And I think that’s what we want situation. HEALTH CARE to do. We want to work with the Demo- And I guess the other thing is, I crats. think the American public is worried The SPEAKER pro tempore (Mr. We were shut out of the stimulus bill. about this job thing. Excessive tax- OWENS). Under the Speaker’s an- We were shut out of the omnibus bill. ation is a big deal, because if you own nounced policy of January 6, 2009, the We’ve been shut out of health care. a small business and you tax that guy gentleman from Iowa (Mr. KING) is rec- Maybe tomorrow isn’t just theater. really heavily, the small business ognized for 60 minutes as the designee Maybe it’s the turning point. I hope of the minority leader. that it is. You know, I’d like to see owner is not going to have any money to invest in new equipment or new Mr. KING of Iowa. Mr. Speaker, I ap- something get done. But a lot of times, preciate the privilege to address you you know, these things are just posi- plants and things, so heavy taxation on a small business owner is going to be a here on the floor, and I appreciate the tioning. dialogue that came from my colleagues Mr. AKIN. Let me just respond to job killer. And yet, this bill on medi- the previous hour discussing this what you’re saying because maybe I’m cine puts a heavy, heavy tax on small health care issue that has so consumed being too pessimistic about this. But business owners. So, in that sense, it’s this Nation. let’s take a look at the format. The a job-killing bill. format is we’re going to huddle behind Mr. KINGSTON. And, you know, not And we are here now on the eve of closed doors. We’re going to produce a to mention there will be a new tax on the 6-hour meeting that is scheduled at bill. You get 24 hours to look at it, and individuals because, you know, when Blair House that the President has in- then we want you to come and tell us you’re forced to buy something, that is vited both Democrats and Republican how much you like it. That doesn’t a tax. And so there would be less leadership to join. And Mr. Speaker, I seem to me to be sort of an open the money for customers of small busi- came to the floor to talk about this kimono and let’s work together as a nesses on a discretionary basis. Wheth- issue and help to put it in a perspective team. It’s more like, if you don’t sup- er they’re buying hamburgers or so that as the American people watch port me, then my way or the highway. clothes or tires or whatever, they’ll what’s going to happen tomorrow, they Mr. KINGSTON. Well, let me ask you have less of it in their pocket. understand it in perhaps a better per- this now. Who gets to look at it in 24 Mr. AKIN. Did you know that there spective than they might otherwise. hours and when? Who is this group of are supposedly 36—I know Missouri is Now, I would lay it out this way. I people and when? one of them. That’s my home State. think there are two points, Mr. Speak- Mr. AKIN. Well, I’m not exactly sure There are 36 States that have legisla- er, that need to be addressed by Demo- of that. My understanding was the bill tion moving exempting the States from crats. And these are significant points was supposed to be released 24 hours having to be required to purchase of vulnerability where there has been a from the day that they’re talking health care when the government de- persistent criticism from the public. about it, and the only thing I’d seen mands that everybody has to buy feder- They have made the point that of all of earlier this morning was outlines, and ally approved health care? There are 36 the agonizing national debate that’s the outlines, of course, the Congres- separate States moving legislation to taken place on health care, that the sional Budget Office can’t score it. And stop that. That doesn’t say something’s Democrats have first of all shut Repub- it appears to be very much the same popular. licans out. They shut Republican out of thing as the Senate health care bill is Mr. KINGSTON. Well, again, the the room, shut them out of the nego- everything we can tell. We’ve been told American people do understand this tiations, shut them out of the office. that there aren’t special deals in it, Pelosi-Obama-Reid health care pack- And the second thing is, the Demo- and yet as we take a look at it, we find age. And, you know, I think one of the crats haven’t had transparency. that there are. Somebody managed to great examples of government effi- They’ve been cooking up these health take a look at the ones that were there ciency we saw in August, Cash for care deals in secret. And as this thing before and a lot of them are still there. Clunkers. It was a program, actually unfolded, some time in early Sep- The Louisiana Purchase is still in it, as pretty simple program. You turn in tember was the last time that I am I understand. your old gas guzzler, you trade it in for aware of that a Republican senator or

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H824 CONGRESSIONAL RECORD — HOUSE February 24, 2010 a House Member was sitting in a room tional $250,000 on top of that. And in that would never pass, and then we talking with Democrat leadership Texas, there’s three different incre- pass it on a regular basis. about how to come about this health ments that go to three-quarters of a I don’t mean to step on toes, but the care policy. million, but that’s it. farm bill is an example of that. You From that time forward, it became Trial lawyers don’t walk away with take the farm bill, and there is a farm secret back-door meetings, and it be- pockets full of money. It’s a very sim- piece and there is all of this food stamp came secret deals and combinations of ple concept that can stand alone, that stuff, and neither one could pass on secret deals that brought about in the the American people can look at and their own. But you put the two to- end the American people were repulsed see that it isn’t a special deal. gether, and you can pass something. But if you put an idea out for health by what they saw. They were repulsed And I think the public is starting to care and then you have to patch some- by the special deals that came down. stay, Time out. We’re tired of this be- thing else to it, and something else to They were repulsed by the idea that if cause we can’t afford it any more. you live in Nebraska, if you live in it, and when you get this whole toxic Mr. KING of Iowa. Reclaiming my Florida, if you live in Maine or stew that I’ve talked about so many time, I will bring this back to that, Vermont, you’ve got a different deal a times, and you still can’t sell that to that time they had 51 votes counted in different cost. get 218 votes in the House or 60 votes in the Senate on the health care bill. I I would interrupt what I am about to the Senate, and you have to go out and went back to the Midwest, and I usu- say and yield to the gentleman, Mr. get a special deal in Nebraska to get a ally fly into Omaha. Well, Omaha, of KINGSTON. vote from the Nebraska senator and a Mr. KINGSTON. I appreciate the gen- special deal in Florida to exempt Flor- course, is a central metropolitan area tleman yielding. ida from Medicare Advantage cuts, or for the State of Nebraska. I was looking at the Tea Party list of if you go up and you build a bunch of And as I went in, I did a whole num- priorities, which they call a contract public health clinics in Vermont out of ber of meetings around on both sides of from America, which you know, this is that deal, or Louisiana—the list goes the river, the Nebraska and the Iowa a grassroots deal, just popped up. And on and on and on. side, did a lot of media around there there are even different Tea Party The American people know that and took phone calls on a call-in radio groups. But they have nationally been when you’re buying votes with their show. And this was the day before the surveying their members on what their taxpayer dollars, they reject that con- agreement was made for the priorities are. cept, Mr. Speaker. The American peo- Cornhusker kickback. And the senator The number one priority is to cut the ple know that if you have a good idea, from Nebraska was the linchpin that size of the Federal Government spend- it should stand alone, it should be able could put together, hold together the ing. The number two priority, would to be passed on its merits and move entire health care package up or down. the gentleman from Iowa like to guess? through the House of Representatives If the senator from Nebraska decides to The number two priority of all of these on an up-or-down vote so everybody pull the pin, the whole thing falls thousands of participants on a grass- knows what’s going on. apart. We’re not at that point. This is a con- roots’ basis is, do not put something in So the day before, people were call- glomeration of a bill, and this is frus- the bill that doesn’t belong in the bill. ing in and they understood that the Ne- trating to me that we can’t put a good So as the gentleman talks about braska senator held the future of this idea out in front of the American peo- these secret deals to the senator in Ne- socialized medicine bill in his hand. braska, the senator from Florida, the ple and vote up or down and go on to the next idea. They didn’t know what was going to senator from Louisiana, people don’t Mr. AKIN. When you start talking happen. In the middle of the night, like that at all. If it’s such a great deal about what you’re saying, the Amer- there was some kind of agreement that for the good people of Nebraska, maybe ican public does not like these special got made. There were accommodations it ought to go for the rest of the 49 deals—and special deals a lot of times that were made. All of a sudden there States and maybe it doesn’t need to be happen in the darkness, in little dark was an announcement that HARRY REID brokered in some smoke-filled back corners, like the kind of places where had 60 votes and he could break the fil- room. cockroaches breed. And these special ibuster in the Senate and they could So what you’re saying is very impor- deals, people aren’t real proud of them. pass the socialized medicine bill. And tant. It can’t be understated. If this And so they’re done behind closed what does it include? bill is such a great deal, why do you doors. They’re done when people can’t First of all, it includes a provision need to have all of those special inter- see it. And when they get all put to- that will allow for Federal funding of est side deals in order to get the votes gether in a great big piece of legisla- abortion, and it exempted Nebraska from Nebraska or from Florida or from tion, those special deals are rolled out from the increased costs in Medicaid in Louisiana? in a big hurry. Hurry up and look at it perpetuity. Now, no one should ever Mr. KING of Iowa. Reclaiming my so that we can pass it before anybody sign a document or make a pledge for time, of course that is what it takes to reads it too closely because sometimes anything in perpetuity. Actually per- get the votes for a bad deal. That is they’re disguised in little ways so you petuity probably lasts longer than for- what the American people know, that’s won’t see them. ever. what the Tea Party patriots know. So the public, they’re starting to get I would go further. When you start I yield to the gentleman from Geor- wise to this. The idea is that if the pub- gia. out and you have a good idea. Let’s say lic sees more of this health care bill Mr. KINGSTON. I can’t imagine what it’s a stand-alone idea. What about the they’ll like it. No. If you see something the HARRY REID U.S. Senate was think- idea of putting an end to the lawsuit that’s ugly, the more you look at it, ing. How stupid do they think the abuse in America? We’ve passed that the uglier it’s going to get. And when legislation out of this House, and Re- you put all of these special deals in it, American people are? How callous can publicans were in charge, and we sent then people have a tendency to want to they be to the sense of fair play? What it over to the Senate, where it was bring it out in a hurry and don’t bother kind of almost thuggery is it when you blocked in the Senate. But it was a to look at it too closely. do that to people? It just doesn’t sound clear, concise idea that makes every- If some used car salesman says, I right for the taxpayers all over the body whole that has been actually the want you to get this car but don’t country to have to float the bill for one victim, perhaps, of medical mal- bother to look under the hood, you’re State. And as the gentleman from Mis- practice. Three hundred million people, kind of thinking, I wonder if there is souri pointed out, there was also a spe- some things are going to go wrong. It an engine under there or not. And that cial interest deal for Florida. allows for them to cover all of their is what’s going on. And the public is And I think the presumption was health care costs, allows for someone wise, and they’re sick of this special people are Christmas shopping, they’re who is a victim to receive their loss deal kind of stuff. getting ready to have their families in. and income. And actually it estab- And we do this in a lot of different They’re not paying attention. Let’s lished pain and suffering and an addi- ways. We’ll put two things together just push through whatever we can.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H825 Well, a funny thing happened in Mas- Mr. AKIN. I got another question for think about reconciliation. This is sachusetts. They were apparently pay- you. what blows things up in the Senate. ing attention, and I think that that has After tomorrow, after this 6 hours of This is the nuclear option. This is how woke up a lot of people around here. drama, do you think people are going they would circumvent the anticipated We have a group in the House called to say that you and I and my good and very legitimate legislative process Blue Dog Democrats. I am not exactly friend Congressman KINGSTON, do you by taking a Senate version of the bill sure what a Blue Dog is because they think they’re going to say that we’re that sits over here on the calendar of certainly vote like the yellow dog obstructionists? I am trying to figure the House, pass amendments to the Democrats from what I can under- out—I wish it were true that we could Senate version of the bill in the Senate stand. But I don’t think there is any be obstructionists, because if we were called a reconciliation package, then distinction except there is a lot of obstructionists, that meant if we vote both bills would be here on our cal- Democrats right now who are saying, ‘‘no,’’ it would stop the bill. But they endar. Hey, I saw what happened in Massachu- have got 40 more votes than we do, so Then the House, under the direction setts, and if this bill comes back, I how in the world could we be obstruc- of Speaker PELOSI, would take up the think I am going to vote ‘‘no’’ and tionists? fixes that the House Members have in- maybe make up for my ‘‘yes’’ vote pre- I need some help on that because the sisted on which is called the reconcili- viously. logic seems to be very hard for me to ation package, pass it first, and then Mr. AKIN. I just have a question if I grasp. pass the Senate version of the bill, could jump in. Mr. KING of Iowa. There are a lot of message them both to the White House Tomorrow there is going to be this things that get spun around this thing, where the President would sign them big drama, I guess, 6-hour—maybe it as you know in this town. It’s been, Re- in the proper sequence, one bill amend- will be pretty boring. I don’t know. But publicans are blocking the bill. We ing the first bill. Then this would be, as it’s supposed to be dramatic. Six hours have no capability of doing that, obvi- far as I know, the first time in history of people sitting around a table talking ously, not from a vote-count stand- that the White House has replaced a le- about this same old health care plan point, when the Speaker of the House gitimate conference committee, which basically. has 40 votes to burn, a 40-vote advan- would be the Members of the House and And there were different people that tage, and they’re sitting behind closed the Senate, Democrats and Repub- were chosen to go to participate in this. And I am just wondering if you doors cooking up a closed-door deal. licans, having an open dialogue about know—I know there were a few Repub- They can’t get enough Democrats to resolving the differences. And what did licans invited, but were there any pass 218 votes here. I don’t think today President Obama say about this rec- Democrats that voted ‘‘no’’ on the bill they can bring a bill to the floor and onciliation nuclear option? Here is what he said: Passing a bill that were invited to participate? Do get it passed. with 51 Senate votes is an arrogant you know of any? This is about, though, the public crit- Mr. KING of Iowa. Reclaiming my icism of shutting Republicans out and power grab against the Founders’ in- time, I can’t name a single one. I about this bill being negotiated in se- tent. That’s what President Obama haven’t looked over the list of the cret. Those are the two things that the said. The point is, he said that in 2005, Democrats but that would be quite un- President seeks to resolve tomorrow. not 2010. usual. It would be unusual to see Six hours of C–SPAN time, and then Mr. KINGSTON. Well, I would say if Democrats in there negotiating a vote he’ll say, Listen, we’re doing what I the gentleman is saying it’s an arro- of ‘‘no’’ on the bill. I’d be very sur- promised we’d do. We’re negotiating gant power grab, he certainly is accu- prised if there was even a token Demo- this bill out in public, and, by the way, rate, and that’s apparently the model crat that voted no. we’re doing it with Republicans, so who that he wants to have. The gentleman Mr. KINGSTON. How many Demo- can complain? may also have quotes from Senator JOE crats did vote ‘‘no’’ in the House, do Well, for me, it controls the entire BIDEN, who denounced using this nu- you remember? It was 220. You need format. clear option, as well as HARRY REID. 218. So there were two votes over 218. Here’s the real centerpiece that I When they were in the minority, I Mr. KING of Iowa. I would guess that don’t think anybody has articulated at think they were right. When we were in was nearly 32 Democrats that voted this point yet. the majority, I think we were wrong. I ‘‘no.’’ It would be in that neighborhood The President of the United States, don’t think you should do that. I think somewhere. as Senator Obama and as candidate for that it is a desperation thing. And if Mr. KINGSTON. You would think President, said to the Iranians, If you you can’t get the requisite number of they would probably have something to just simply unclench your fist, we will votes, maybe you need to start all over say at the White House. They would be offer our hand. We will negotiate with on the legislation. But you do have a little more moderate and have some the people that we have been at odds very strong, unequivocal statements by good productive contribution to make. with since 1979, the Iranians and Senator Obama, candidate Obama, Sen- Mr. KING of Iowa. Wouldn’t you want Ahmadinejad—with no preconditions ator REID, Senator BIDEN and yet total to know what their objections are? I whatsoever—and offer an open hand to hypocrisy, that’s what it is, is hypoc- would think that would be important. the guy with the clenched fist. risy at this point. BART STUPAK on the pro-life amend- And yet the President of the United The gentleman was talking about ment worked very closely with SMITH States refuses to come to the negoti- needing Republican votes. They do not and Pennsylvania Representative JOE ating table with Republicans with a need a Republican vote to stop any- PITTS. They worked very hard to pass, blank slate. The President has insisted thing or to pass anything. It’s not just and they received 64 votes on a pro-life and demanded upon preconditions. He with this $950 billion health care bill; amendment to that. has to have his conditions of his bill they could pass a jobs bill without a I understand that BART STUPAK is that has failed, his concepts that have Republican vote. not on this negotiation either. And failed. And he also puts out there the They could pass the tax-and-trade what we’re seeing come out and what threat that they have been putting to- bill without it. They could get out of came out of the Senate, it looks to me gether behind closed doors, too, of rec- Iraq or Afghanistan without a single like the package that’s there—there’s onciliation. Reconciliation is what Republican vote. They could have en- going to be a bill that still funds abor- President Obama and others called ergy independence without a Repub- tion and compels Americans to fund ‘‘the nuclear option’’ when it was Re- lican vote. They could pass that card abortions through their premiums in publicans looking at a 51-vote oppor- check, that special interest bill for one fashion or another, or brokers tunity on the other side of the aisle. unions, without a Republican vote. them through an exchange, and also Why aren’t they doing it? I just think one that funds illegals. And those are b 2100 that they had no idea that America two things that are completely egre- In fact, this is posted today on the was not asleep at the wheel. They gious to me, to think we compel tax- Web site, biggovernment.com. This is a found out in Massachusetts, and payers to do that. statement of our President, and we they’re scared to death, hey, this

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H826 CONGRESSIONAL RECORD — HOUSE February 24, 2010 might not be an isolated election. So ies for a number of years. One of the had maybe a modified rule or a closed we are seeing a lot of backpedaling rules has always been the public never rule, but traditionally open rules were right now. It’s hilarious when you see pays any attention to the process of always the case on appropriations bills. some of these people, like the Senator how we go about passing legislation. When all else failed, at least there were from Nebraska who had the special in- You can complain about different stuff appropriation bills to allow the minor- terest deal on the health care bill. like we had a bill that was done here, ity party an opportunity to put in Now, he is all over this jobs bill. Oh, where we had a choice of voting for ei- some amendments. too much spending. You’ve got a $950 ther a big tax increase or voting for a But the iron hand of the oppressive billion health care bill which he sup- cost of living and we had to take a majority has closed down that system. ports and a $15 billion jobs bill that he choice between the two. The process or It’s not about Republicans versus is against because of the spending. the procedure there is unfair. Anyway, Democrats; it’s about 435 people who Only in this town. we got this bill here, 300 pages of have been elected by 600,000 people to Mr. KING of Iowa. Let me suggest to amendments passed at 3 o’clock in the represent their views in their Nation’s the gentleman from Georgia that the morning, and we’re here on the floor. capital. problem is, no, Republicans can’t stop The Congressman from Texas, he has Mr. KING of Iowa. Another thing anything that Democrats decide they sort of the sense of humor of Eeyore, that happens around this town is the want to get together and vote for be- and he just asks in this plaintive kind hole in the wall gang, the Rules Com- cause of the margin of 40 votes to burn of way, is it normal procedure that we mittee, sits up here on the third floor here in the House, 19 in the Senate. have a copy of the bill on the floor in a place where you very seldom see But the problem is, Democrats can’t when we are going to be debating a any press from the room. And only on agree among Democrats on what they bill? one occasion have I seen a television want to push for policy. If they can’t There is muttering and talking to camera in the room. They control what find the votes among all of these extra the Parliamentarian and he says yes, gets debated here on the floor and what Democrats that there are and they still indeed there is supposed to be a copy of is voted on on the floor. The last time point their finger back over at Repub- the bill on the floor. So he comes back we had a legitimate open rule on our licans and say, you guys, you wouldn’t a couple of minutes later and says, I’ve appropriations process was in the vote for the stimulus package, you been wandering around the Chamber spring of 2007. That was when Speaker won’t support a health care, most of us and I’m having trouble finding it. Is it PELOSI first came in and got the gavel wouldn’t support that abysmal cap and north, south, east or west or something before this draconian shutdown of the tax, that cap and trade bill that, by the like that. Pretty soon the Speaker open debate process. way, passed off the floor of this House. starts laughing and we go back and In that spring period of time through A bill that didn’t exist passed off the forth about four times in a row. Fi- the appropriations process, I was suc- floor of the House of Representatives nally he says, I’ve come up to the po- cessful in getting passed—not those I and a bill that didn’t exist was mes- dium, and the place where you say introduced—but those that actually saged to the United States Senate. there is a copy of the bill there isn’t passed this floor, nine amendments. As That’s another part of this component. far as I know, that’s the most amend- Mr. KINGSTON. If the gentleman because the Clerk is still trying to ments of any Member of Congress dur- will yield quickly, a bill that was still stick 300 pages of amendments in this ing that period of time. being amended at 3:30 a.m. before we bill. So here we are passing a bill that Yet I have taken dozens of amend- started debating it at 9 a.m. in the doesn’t even exist. ments up to the Rules Committee and morning, a bill which you could say And the funny thing was—I guess it submitted them, and I can’t think of a truthfully in your heart of hearts be- wasn’t funny—the public was paying single one that they ever allowed to be lieve that not one single Member in the attention. They understood that we debated. That process has to change. United States House of Representatives passed a massive tax increase on en- That’s got to be out in the open. We had read. ergy that’s affecting very many small Mr. KING of Iowa. To the gentleman, people who have to pay that power bill. need the Rules Committee on tele- in fact, I can say that with a factual Everybody who flips a light switch is vision, out front, meeting in a pub- knowledge, and I don’t have to ask any going to get taxed, along with a mas- lished hour so that they can be of the 435 Members, did you read this sive amount of red tape. And it was watched by the press and the public bill, because I was here on the floor done, they thought, in the secret and in and then, additionally, while we are that night when we suspended the de- the dark of night. But the public was here watching what goes on with the bate for 35 minutes to resolve, where is paying attention, and, in my opinion, rules and the shutdown of what’s going the bill? I mean, sometimes they will that started a lot of that Tea Party on, we need more sunlight. say to us, you don’t have any ideas, movement, that very event that we ac- Mr. KINGSTON. If the gentleman where are your bills? tually were standing here on the floor would yield, I want to tell you one of We have a lot of bills. We have 40 for. my rules experiences at the Rules Com- some bills that we’ve filed on health Mr. KINGSTON. Let me just ask both mittee. Now, remember, the Rules care. But we said, where is the bill that of you, should Republicans take over Committee, when the bill is passed by, we are debating? This is actually LOUIE this House, would you be willing to say, the Agriculture or the Education GOHMERT from Texas that deserves a change the House rules to say any bill or the Energy Committee, it goes to lot of credit, and JOE BARTON also was has to be posted online at least 72 the Rules Committee and they deter- very good on that night. So we looked hours before it’s voted on; would you mine how long it’s going to be debated down here at the well. The bill didn’t support that? and what amendments will be allowed exist. There was an old bill. There was Mr. AKIN. I would support that in a and what amendments won’t be al- an amendment that had never been in- heartbeat. If you’re not proud enough lowed. That’s why they’re called rules. tegrated. Actually, even the amend- of it to put it out there, then you Four hundred thirty-five Members, ment wasn’t here. It wasn’t findable. shouldn’t be sticking it out there at you’ve got to have rules, strict rules, So what was going on was we were all. or you won’t get anything done. debating a bill that didn’t exist, so it Mr. KING of Iowa. Not only would I I was going to the Rules Committee. was impossible for anyone to have read support that, but I would go further, I had submitted an amendment, and I a bill that didn’t exist. That bill was and I would have a lot more bills come was waiting my turn to present my then passed and messaged to the down here under an open rule. I would amendment to the Rules Committee United States Senate. A bill that didn’t sign the pledge and the oath that every for their consideration. And a staffer exist was passed and messaged to the appropriations bill would be open rule. wrote me an e-mail and said, Your Senate, so no one read the bill. Mr. KINGSTON. I am an appropri- amendment has been rejected. Do you I yield to the gentleman from Mis- ator, and I can tell you, generally all still want to sit in here and present it? souri. appropriation bills have been open rule. I said, Well, how could it be rejected? Mr. AKIN. The funny thing is, a num- There have been a few rare occasions I haven’t presented it and until I ber of us have served in legislative bod- when we were in the majority that we present it they can’t reject it.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H827 And my staffer said, I have some in- Mr. KINGSTON. You know what’s in- 2005. That would demonstrate good side information. I’ve got a friend on teresting about that bill, though, is faith. And then we would have a blank the majority. Your amendment is not dispute that strange route that it went slate, a blank piece of paper, however on the list. for the strange product that wasn’t you want to characterize it, except Re- I said, Well, what list? passed by the committee, we still had a publicans have their package bill. I’m The list of amendments they’re going decent debate on it and passed the bill. suggesting we should concede that too. to allow. The importance of that is if you want Slide that off the side of the table, I said, Well, this is just a total farce. open debate on health care, we now really start with a blank slate, and You have Members of Congress sitting have an example that shows, hey, you then bring up, as the gentleman from in a crowded room waiting their turn know what, it works. This was a health Georgia said, a stand-alone idea can be to present an amendment, and the insurance related piece of legislation. debated and it be perfected and it can Rules Committee behind closed doors We had an open debate on it. It didn’t be passed. We need to do it with tort had already decided which ones they have special deals for Nebraska or Lou- reform in a real way that takes the were going to take and not take. isiana. It did not have a big price tag money out of the pockets of the trial Mr. KING of Iowa. Because they got a on it. It had some Republicans against lawyers as opposed to taking it out of list from the Speaker as to what it, some Republicans for it, and the the pockets of our senior citizens. amendments to approve and which ones thing passed. The gentleman from Missouri. not to approve. And on this health care Mr. AKIN. It seems like, to me, what bill, this monstrosity here, I was before b 2115 you’re talking about is, in a way you the Rules Committee at 1:30 in the Oh, hey, what about doing that on ev- are defining something that’s bipar- morning, I offered 13 separate amend- erything else about health care? tisan, where people in good faith come ments, to ask to be able to debate them Wouldn’t that be an interesting experi- to the table, they all have some ideas, and get a vote on to approve this ment in democracy? they talk about them and say, Well, I health care bill. And I was chastised by Mr. KING of Iowa. Well, I hope, as I don’t like this part of your idea, and members of the Rules Committee be- reclaim, that what we see tomorrow is they say, Well, I don’t like this part. cause I had wasted paper and staff time more than a dog and pony show. I hope Well, what part can we all agree to and to have them drafted up, because I it’s not just a show that’s designed to put together? should have known, as the gentleman resolve the two things that seem to be Now, my understanding is the way from Georgia apparently should have giving Democrats and the President the President is defining bipartisanship known, that they weren’t going to heartburn, which are the very legiti- tomorrow is that what he’s going to do allow these amendments, so why mate point that they have shut Repub- is go behind closed doors, come up with should I try. licans out of the process and the very a legislative product, then give the Re- But any Congress that can pass a bill legitimate point that the President has publicans the chance to agree with that doesn’t exist, debate a bill that promised that negotiations will take him. And Republicans aren’t allowed to doesn’t exist here, pass a bill that place on C–SPAN. That seems to be bring anything they have in, but he has doesn’t exist here, and message that what is going to be presented tomor- something that he has concocted. He’s bill to the United States Senate, I sup- row. going to kind of spring it on them and pose can also put out a list and say, But I’m going to say again, the re- say, Now are you going to go along we’re going to reject the amendment quirement of preconditions that the with me? Is that your concept of bipartisan- that you never offered in advance. President wants to negotiate from his Another thing that happens in this position—and by the way, he doesn’t ship? Mr. KING of Iowa. You know, I think Congress—and it happened on this floor have a bill yet that I know of. He just they have been sitting up behind closed today—is committee action. And the has platitudes and bullet points that doors cooking up this reconciliation/ committee action that goes on is de- are out there. But to start with his nuclear option. They’ve been doing this signed to take this language apart, platitudes and bullet points—and for over a month. Senator HARKIN an- take a look at it, examine the rami- maybe we’ll be guessing at the amor- nounced, after SCOTT BROWN won the phous combination of the Senate and fications, hold hearings, get educated, election in Massachusetts—again, the House version of this, that all evaluate the impact of legislation and thank you, Massachusetts, Mr. Speak- needs to go off of the table, and this then bring that legislation through the er—announced that they had already threat of reconciliation, the nuclear committee and amend it and perfect reached an agreement within a couple the legislation when you have a debate option needs to be renounced and re- of days before SCOTT BROWN was elect- where you can focus it with people that jected by the President of the United ed in Massachusetts. This is a continu- are experts on the subject matter. States. ation of it, and the strategy was what The legislation that came through I would be just as happy if he would I’ve described with reconciliation/nu- today on this insurance across State just read his 2005 statement verbatim clear option. lines political bill that came to the tomorrow. He should start out the So, yes, they have worked behind floor, had been amended in the Judici- meeting and say, Well, all in good closed doors. They are operating in se- ary Committee with an amendment by faith, I want to talk about health care cret, and they have cooked up this and DAN LUNGREN, passed by a majority of with you on C–SPAN. I know I made a they are going to say take it or leave members, Republicans and Democrats campaign oath. It probably wasn’t the it. voting for the Lungren amendment. best promise, but it was good political Mr. AKIN. Is that bipartisanship or is The bill passed out of the Judiciary leverage and good theater at the time, that ramming full speed ahead? That’s Committee, and on its way to the so I’m going to try to follow through what it seems like to me. Rules Committee it magically became on that so that I can resolve some of Mr. KING of Iowa. Well, it’s truly not a different bill without the Lungren the criticism. And by the way, I know bipartisanship; it’s only the show of bi- amendment language in the bill. That’s we’ve shut you Republicans out of this partisanship designed for two things: what we voted on on the motion to re- thing. We’ve done so since clear back so they can say, Well, we’ve negotiated commit today. last September, but I’m going to open with Republicans on C–SPAN. We So we have committee action that’s a this up at least so we can have the didn’t shut them out. That’s really it. farce, as well as the Rules Committee semblance of negotiations take place, The gentleman from Georgia. which is a farce, as well as the debate and to demonstrate my good faith—and Mr. KINGSTON. You know, the here on the floor of the House, which is then read from the 2005 statement. amazing thing is, I was in the State a farce, when we are debating a bill Then the President should say, legislature, and we had, out of 180 that doesn’t exist. That’s just three ‘‘Passing a bill with 51 Senate votes is members, 26 Republicans, and yet the egregious things that need to change in an arrogant power grab against the philosophies were still reflective of the a Republican-run Congress. I will stand Founders’ intent.’’ That’s what the State of Georgia. You could roughly to change all of those with anybody President should say tomorrow. That’s say one-third of the people were fairly else that will stand with me. actually what the President said in liberal, one-third of the people were

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H828 CONGRESSIONAL RECORD — HOUSE February 24, 2010 fairly conservative, and then another we elect him, with a strong ideology— that it is declared to be nationalized. third were either right of center or left and by the way, he told us in Balti- But one-third of the private sector of center. And so you had to have the more, the President said, I am not an profits, and now we are looking at an- legislative deliberations to get a bill in ideologue, I am not, but I am not aware other 17 percent of our economy na- order to get, for the Georgia House, 91 of anyone that actually believes that. tionalized. That takes, at 33 percent, votes to pass something. So I assumed A strong left-wing President standing you add it up and you’re at 50 percent, that Congress would be the same way, with the Speaker of the House from right there at half. where you would have some people San Francisco, HARRY REID from Las But the important thing, the part from really safe hard left, hard right Vegas, those three are the ruling troi- that seems to be missed in the dialogue districts, and then people maybe from ka in America. of this debate is, when the government more swing districts where it’s reflec- And I said before Mr. Obama was nationalizes and takes over the private tive of the American people, but every elected President that the three of sector economy, which they have done, bill would have the mark of both par- them could go into a phone booth and and they want to take over the health ties on it. do what they would to America—and care and take over the management of I was shocked when I came here and they wouldn’t have to ask any Repub- everybody’s health care in America, saw that it’s full speed ahead with the licans for sure—and the only thing this unique thing happens. When we majority party. I think that’s why, they would have to do is be able to look back to 1973, the decision of Roe v. when we took over the House in the verify that they could produce the Wade, and since that time when the 104th Congress, we had open rules. And votes within their own Democrat Party Supreme Court made their ruling— you know what, we strayed from that. to pass any bill. And what happened? which I think is not grounded in the That was one reason the people threw Just what I said, essentially. The rul- Constitution and I reject the rationale us out and put the Democrats in. But ing troika cooked up a bill. They just of Roe v. Wade—we have continually now they’ve seen the Democrats, and couldn’t agree in the House and the heard every year since then, people on they are sick and tired of this partisan Senate and they had trouble finding this side of the aisle primarily, a few stuff. They do want open debate on C– enough Democrats to get it to pass. on this side of the aisle, say the gov- SPAN and amendments. Now they come back to Republicans. ernment has no business telling a So you know what would really be I would remind the Speaker of this, woman what she can and can’t do with nice? If Mr. AKIN offers an amendment Mr. Speaker, and that is, Thomas Jef- her body. That is not the government’s and I vote against it and you vote for ferson’s quote, when he said, ‘‘Large business. That is between the woman it—and it’s okay to vote against your initiatives should not be advanced on and her doctor and her priest. It is not party members. And maybe you prefer slender majorities.’’ This is a large ini- anybody else’s business. No one can a Democrat one. But you know, once tiative and it should never be advanced tell a woman what to do with her body. you understand something, you have on slender majorities. It should be That is what I heard from these folks the opportunity to debate it, as we did something that is debated and delib- over here mostly since 1973. today, you get a better bipartisan prod- erated and perfected in a legitimate Now the same people, the same uct. process, not a partisan process, which voices are saying government should And so today, I don’t know if the the committee markup actually was. tell everybody what they can and can’t Speaker is in town, but perhaps she The gentleman from Missouri. do with their body. Government should saw that and said, Oh, my goodness, so Mr. AKIN. Gentleman, this is my take over and nationalize everybody’s this is the way democracy works? 22nd year—I hate to admit it—in an bodies, our health care, and determine Maybe we should do this on another elected office, and I have seen 22 years’ whether our health insurance is the dozen bills and cobble together a col- worth of bills, 12 in the Missouri legis- one that they will approve; determine lection of health care reforms. Because lature, and this is my 10th year here. I what tests we get at what age; what it seems to me somewhere in the town have never seen a bill like this that is age you get a mammogram; how long meetings that’s what people were say- going to affect so many different you’re going to wait for a hip replace- ing; fix what’s broken. Don’t throw out Americans so profoundly. This is larger ment or a knee replacement; the gov- the entire system. And if you did some than anything we’ve dealt with before. ernment taxing the nondiet pop to try one-shot bills, you could have targeted And I know there are a number of us to tell you don’t buy anything or eat health care reform without some $950 that believe that if this bill were to anything or drink anything but diet billion government takeover of health pass the way it stands now, not only pop; the government punishing trans care. would it destroy health care in Amer- fats so that we can have a healthier Mr. KING of Iowa. Well, reclaiming ica, it would destroy our budget and diet, managing our diet, managing our my time, I would label the gentleman would be tremendously detrimental to health care. They’ve done everything from Georgia as not necessarily right the lives of Americans from coast to except promise to run us across the or left or center, but perhaps an opti- coast. This is a very big deal and it is scales, check our body fat index and mist on the grounds that the Speaker right for the American people to be tax us for our fat and tax us for failing has been around here for a long time, very exercised about it. to exercise. and she surely would have seen this Mr. KING of Iowa. Reclaiming my They already tax about every sin over and over and over again over the time, I will make another point of this that you can put in your body by try- last 20 or more years that I believe she that I think has been completely un- ing to control our behavior. This nanny has been here. So I actually don’t derstated—if stated at all, Mr. Speak- state is wanting to fund the takeover think that it is about trying to arrive er—here in the House of Representa- of the private sector, our bodies. They at a means to get Democrat and Repub- tives or across the dialogue of this want to do this, and it is the most pri- lican votes. I think it’s about trying to land, and that is this: This President vate thing we have, the Federal Gov- move a hard-core left-wing agenda. and this administration participated ernment taking over our bodies. The The President has said he is for sin- with—the beginnings of this during the very people that said that the govern- gle payer. The Speaker is for single Bush administration—the nationaliza- ment has no business telling a woman payer. HARRY REID is for single payer. tion of a huge chunk of our private sec- what she can do with her body, they That’s all socialized medicine. That’s tor. We have seen three large invest- want to tell everybody in America government-run health care. Now it’s a ment banks nationalized: Fannie Mae what we can and can’t do with our bod- matter of—it isn’t necessarily, in my and Freddie Mac, General Motors, ies. view, what’s right or wrong with the Chrysler, AIG. Gentleman. way they’re looking at this. According to The Wall Street Jour- Mr. AKIN. There just doesn’t seem to I had said before the election—a year nal last August, they printed that one- be a lot of consistency there, does it? ago last November—if we elect Presi- third of the private sector profits had We’ve got 36 States that have legisla- dent Obama, the most liberal President been nationalized, and most of it by tion they’re considering trying to pro- in American history, the most liberal the Obama administration, depending tect their citizens from us demanding Senator in the United States Senate, if on how you actually pick the dates that those citizens have to buy the

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H829 government-approved package of we’re not Communists; we’re Social- Aside from the fact that they just health care. I mean, there are a whole ists. We do want to nationalize the hated people of the Christian faith, lot of people fighting back, and they’re Fortune 500 companies, and we also aside from that sort of prejudice, that sick of the nanny state telling people want to nationalize the oil refinery in- was their operating philosophy—that what to do. dustry and the energy industry in the government was going to provide I think, gentleman, when you talk America. We want to take that all things that were necessary for your about the Federal Government taking over, and we want to manage these cor- survival. You’ve got to have food to things over, what I have seen in the porations ‘‘for the benefit of the people survive, so the government is going to last year seems to me to be three nets affected by them.’’ give it to you. You’ve got to have that are being tossed over our econ- Now, I read that, and I might have health care, so the government is going omy. been a little blurry-eyed because I to give it to you. You have to have edu- The first net is the net that govern- thought: Let’s see. You’d run a res- cation, so the government is going to ment is going to make all the decisions taurant for the benefit of the cus- give it to you. That was their oper- about energy. And energy is a key com- tomers. That wouldn’t be profit-based. ating premise. We sat there, as I was a ponent of almost everything, so the You’d run a bar the same way. Oh, you young man, and we went ‘‘yuk, yuk, government wants to regulate in all can’t benefit people by serving them a yuk’’ when the whole thing fell apart, kinds of very fine ways the use of en- lot of drinks because they might hurt because we knew it was a dumb idea. ergy. themselves or somebody else. So what are we doing in America The second net says we are going to No. Really what it is is the benefit of here under the Pelosi and Obama lead- control all of health care. Now, that af- the people affected by them will be the ership? The government is not only fects everybody because everybody has trade unions. They’d run the corpora- providing education and housing, but a body. tions for the purposes of creating jobs now they’re going to jump into expand- And the third one, which has not re- for trade unions to work in there, and ing to take over all of health care, and ceived a lot of attention but is equally they’d put the unions into the manage- they are going to tell you where to insidious, is that the government is ment of the companies. That’s what work. going to throw a net over all financial they say at dsausa.org, Democratic So- I guess my question is: How come we transactions. In fact, the bill that was cialists of America. are doing the same thing we knew that proposed would allow the government So then I read further, and it reads, wouldn’t work before? I think that’s to determine the salary of a teller in a Yes, we are Socialists. We’re not Com- what a lot of American citizens are bank. munists, remember. We’re Socialists, saying. Time out. What is going on? We So when you put a net over energy, a but we don’t run anybody, any can- need not just to get the budget in con- net over health care, a net over finan- didates, on our banner. We don’t have a trol. We need to deconstruct Wash- cial transactions, talk about Big party that advances candidates to go ington, D.C., and we need to remove Brother looking over your shoulder. No on the ballot, because our legislative them as a threat to the freedom of this wonder people are exercised. arm is the Progressives, the Progres- country. sive Caucus in the United States Con- b 2130 Mr. KING of Iowa. In reclaiming my gress. time, I have a remark to the gen- Mr. KING of Iowa. In reclaiming my If you go to their Web site—and tleman: time from the gentleman from Mis- they’re quite proud of this, and they Free enterprise capitalism is what souri, it causes me to think about what put a poster up over here on a fairly defeated the Soviet Union and is what I have talked about for some time here regular basis—there are 78 of them list- ended the Cold War, because our econ- on the floor, and I’ll see if I have the ed. There are 77 House Members who omy could outproduce their economy, notes on this. I can also speak from are proud Progressives, and the one and they eventually collapsed. I don’t memory, however. I have long talked other is BERNIE SANDERS, the Senator know why we are trying to emulate about the Democratic Socialists of from Vermont, who is a proud Social- them. America and their Web site. It seems as ist. He is a Socialist. He is a Progres- I have a very brief question to the though Americans just don’t seem to sive. He is on the list with the others. gentleman from Missouri before I yield want to take a look at what’s going on The Socialists say the Progressives to the gentleman from Georgia, which at dsausa.org. are Socialists. I don’t hear the Progres- is: In the Akin household, when you I got to wondering on one of my sives saying they are not Socialists. serve breakfast to those kids growing nights that I wasn’t sleeping very well. I’m going to take all their word for it. up down there, to that whole conserv- I guess it was bothering me that the They are Socialists, and their agenda is ative family, do you serve them grits liberals are deconstructing our Con- the same agenda that has been ad- on a regular basis, or do you not? stitution, so I was doing a little re- vanced on the Socialist Web site, and Mr. AKIN. Well, you know, now, search to figure out what they were we hear it on a regular basis here, and when you get to the State of Missouri, thinking. the agenda that is being advanced by that’s one of those things that just I went to their Web site, the Socialist the President of the United States is kind of depends. Web site, and I just typed in ‘‘Social- an agenda that, for all the world, looks Mr. KING of Iowa. Am I going to ists in America,’’ dsausa.org. What I like the one I read on the Progressive have to go down there and have you came up with was this Web site that Web site and that I read on the Social- show me? said, Here is what we want to do. At ists Web site. Mr. AKIN. Yes. We’re going to have first, the definition in there says, We I yield to the gentleman from Mis- to do some showing down in the State are Socialists. We are not Communists. souri before I yield to the gentleman of Missouri. We’re not too bad on oat- Now, I always want to trust those from Georgia. meal, but I’ll tell you what is some- people who start out their introductory Mr. AKIN. You know, it was inter- thing, I think, of a little bit of New paragraphs with ‘‘I am not a Com- esting to me that there was a coun- England that I would want to rec- munist.’’ Okay. Well, tell me why try—it was the U.S.—and they had a ommend, and that is that you’d get you’re not. Now I’m really interested, theory. Their theory was that the gov- that cornbread and put maple syrup on and I’m not actually sure after I read ernment should provide you with a job, top of it and then homemade apple it. with an education. They should provide sauce over the top. I’d even stack that Well, Communists, they say, want to you with health care. They should pro- up against grits in spite of what my nationalize everything right down to vide you with food and with clothing good friend from Georgia might say. the butcher, the baker, and the candle- and with a place to live. That was the Mr. KING of Iowa. Well, I’ll reclaim stick maker. Socialists really don’t job of the government to do those my time, and yield to the man who want to do that. They just want to na- things. We watched that country. It does have grits for breakfast, the doc- tionalize the Fortune 500 companies was a big country. After a while, it col- tor from Georgia, Mr. BROUN. and anything else that’s in their way. lapsed. It wasn’t just the U.S.—It was Mr. BROUN of Georgia. Thank you, So they say this is the difference. So the USSR. Mr. KING. I appreciate your yielding.

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H830 CONGRESSIONAL RECORD — HOUSE February 24, 2010 I think the American people need to Just following us, the Democrats came So I think that we need to under- know that socialism never has worked, to the floor, and they were talking stand that this is about the show. It’s never will work, and we’ve got people about a bill that passed the House not about getting anything negotiated. here in Washington who are so arro- today. It’s a big insurance company But if it were, I’d do tort reform. gant, so ignorant, so incompetent that protection bill, is actually what it is. The gentleman from Missouri. they will think that their brand of so- BETSY MARKEY from Colorado, a Demo- Mr. AKIN. That’s what we called it cialism is going to work, but it will crat, said she has had a small business, during the last hour. We called it ‘‘Po- not. It never has worked. It never will and she was remarking, as to her small litical Drama.’’ work. I don’t care who is trying to business in Colorado, that she only has You know, there isn’t anything, first force socialism upon our people; it’s two choices of buying health insurance, of all, that the Republicans can do that still not going to work. and that she would like to see her em- could block his bill. The problem he In fact, the Progressives, as Mr. KING ployees be able to get insurance across has got is he doesn’t even have enough was talking about recently, said way State lines. I’ve had Democrat after Democrats who want to do this thing, back years ago with Theodore Roo- Democrat tell me they’d like to intro- so he is trying to drum up, as you say, sevelt, who was the first Progressive duce this bill, but they said that their support for this thing to make it look and started the Progressive movement leadership would punish them if they like there are people who are sup- here in this country—the Progressives were to introduce it and promote it. porting it. Yet he goes behind closed back a century ago were saying, The JOHN SHADEGG, CHARLIE DENT and I, doors, puts some deal together, comes best way to socialize America would be all Republicans from different parts of out, and says, Now are you going to to socialize the health care system. this country, wrote an op-ed that was agree with it? They have been trying for 100 years published in The Washington Times to There is nothing bipartisan about now to socialize the health care sys- challenge Democrats to introduce that that. It’s just a scam. I just don’t think tem. bill. If we were to have it on the agenda the American people are going to buy We have a sham of a meeting tomor- tomorrow, we could introduce that bill. it. row at the Blair House that the White The Democrats could take control of it Mr. KING of Iowa. In reclaiming my House has set up. When it was first an- and could claim the bill as theirs. time, in addition to this reconciliation nounced, I was very hopeful that Mr. KING of Iowa. In briefly reclaim- package is the, figuratively, gun to the maybe the President had seen the light ing my time, to the gentleman from head of Republicans. They’ve been from everything that the American Georgia, I’d make the point that, as to cleaning their gun all weekend and people had been saying, in that they what’s going on tomorrow that you re- spinning the cylinder. They’ll put it to don’t want to have the government ferred to as a dog-and-pony show, I our heads tomorrow, and they’ll say, take over the health care system. don’t take issue with that statement. We have cooked up this reconciliation Maybe he was beginning to see the I just think that the American people package. We’ve got our deal. light and reach out a hand to try to need to know that this isn’t a negotia- They’re going to think we believe work with us as Republicans. I’m a tion taking place tomorrow. This is they have the votes. medical doctor, and I was hopeful that about putting up the front and the They’ll put that gun to our heads, my input and even my health care re- show that there will be C–SPAN discus- and they’ll say, Now, you can either form bill, H.R. 3889, which is a com- sions taking place and that there will accept the terms we’re going to offer at prehensive health care and financial be Republicans in the room. the Blair House tomorrow or we’re reform bill, which totally looks at the By the way, there hasn’t been any going to drop the hammer and go with private sector, would maybe be consid- dialogue on our part about the dynam- the nuclear option and try to push this ered. ics of what happens with the faces of thing through the Senate. No, that’s not what the White House the Democrats who will be in the room I don’t think they’ve got the votes in wants to do. In fact, they’ve stacked or whose job it will be to enhance the the House to do it. I don’t think the deck, actually, the final chapter of image of the President of the United they’ve got the votes in the Senate to this whole sham—of the ruse, of the States. This is the President’s image. do it. I will say, Mr. Speaker, if they dog-and-pony show—that’s going to He has lost his mojo, and he cannot get try to move that, they’re going to be occur tomorrow. it back by simply continuing to work looking at a whole stack of amend- Now, I’ve challenged Democrats indi- in the backroom with Democrats. ments in the Senate that will take an vidually—in fact, many of them—to in- That’s how he lost it in the first place. awful long time, with more exposure on troduce a bill that would do four things So the President can’t get his juice the Senate votes than there will be at which are totally market-based, which back. He can’t get his mojo back unless the Blair House tomorrow. would give patients many options and he gets Republicans in the room—and The gentleman from Georgia. which would literally lower the cost of he has got to have some of them either Mr. BROUN of Georgia. Thank you. health insurance for every American. looking silly or nodding their heads, I believe the American people know Four things. one of the two—and I’m going to sug- what’s going on up here, and they’re One is to have cross-State purchasing gest going cheek-to-cheek with the going to say ‘‘no’’ to ObamaCare. The for businesses and individuals so that President of the United States after American people have already spoken. people could go out and buy their we’ve come all of this way. They’re going to say ‘‘no’’ to all of this health insurance anywhere in this The American people have won the sham, this secrecy, this putting things country. debate, and we are with them. We’ve together with just a few people who The second thing is to develop an as- now recovered the fumble in Massachu- won’t let Democrats or Republicans be sociation pool so that people could join setts. We’ve got the ball. We’re playing engaged in setting things up. It’s all a an association and could have a choice offense. They’re playing defense. This show. It’s a joke. It’s a bunch of clowns of one or more multiple products in the is the best that they can come up who are just trying to make something way of health insurance that they with—allowing the President of the look different than it is. It is nothing could buy. United States to set conditions on the but trying to ramrod a health care The third thing is to stimulate the negotiations by which we are going to takeover by the Federal Government, States to set up high-risk pools to consider his defeated bill, to which 47 by this administration, and by the cover those people who are uninsur- percent of the people say scrap it and leadership. able. start over, to which 23 percent of the The American people need to stand The fourth thing is to have tax fair- people say just throw it out and do up and tell their Congressmen, their ness for everybody so that everybody nothing—don’t start over—and to Senators ‘‘no’’ to this sham, ‘‘no’’ to could deduct 100 percent of all their which about a quarter of the people ObamaCare—and we can defeat it. I en- health care expenses. We don’t have say, We’ll pass the President’s bill. courage people all over this country to that today. Well, that’s how far down he is when 25 start calling first thing in the morning, In fact, last night, I led the Doctors percent of the American people think Mr. Speaker, every Congressmen in Caucus discussion about health care. that might be a good idea. this Congress and every Senator and

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — HOUSE H831 say ‘‘no’’ to this sham, ‘‘no’’ to Mr. GARAMENDI, for 5 minutes, today. received December 15, 2009, pursuant to 5 ObamaCare and ‘‘no’’ to a government Mr. FARR, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on Ag- takeover of the health care system. My Mr. RAHALL, for 5 minutes, today. riculture. 6194. A letter from the Director, Regu- patients and my patients’ families de- Mr. MORAN of Virginia, for 5 minutes, latory Management Division, Environmental pend upon it—the American people just today. Protection Agency, transmitting the Agen- saying ‘‘no.’’ Mrs. LOWEY, for 5 minutes, today. cy’s final rule — Bifenazate; Pesticide Toler- With that, we as Republicans are not Mr. ROTHMAN of New Jersey, for 5 ances [EPA-HQ-OPP-2008-0126; FRL-8804-1] the party of N-O; we are the party of K- minutes, today. received December 15, 2009, pursuant to 5 N-O-W. We can lower the cost of health Mr. BRALEY of Iowa, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on Ag- care if our issues will get on the table today. riculture. 6195. A letter from the Director, Regu- and if we can discuss those. Ms. EDWARDS of Maryland, for 5 min- latory Management Division, Environmental I yield back. utes, today. Protection Agency, transmitting the Agen- Mr. KING of Iowa. In reclaiming my Ms. CORRINE BROWN of Florida, for 5 cy’s final rule — Chlorimuron Ethyl; Pes- time and in thanking the gentlemen minutes, today. ticide Tolerances [EPA-HQ-OPP-2009-0009; from Georgia and Missouri, in our last Mr. CAPUANO, for 5 minutes, today. FRL-8798-1] received December 15, 2009, pur- minute here, Mr. Speaker, I’d make the Mr. DRIEHAUS, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- point that I’m happy to say ‘‘no’’ to Mr. STUPAK, for 5 minutes, today. mittee on Agriculture. 6196. A letter from the Director, Regu- bad ideas, N-O to bad ideas. The Amer- Mr. WELCH, for 5 minutes, today. ican people are glad of that. They were latory Management Division, Environmental Mr. COHEN, for 5 minutes, today. Protection Agency, transmitting the Agen- glad when Nancy Reagan said, ‘‘Just f cy’s final rule — Dinotefuran; Pesticide Tol- say ‘no.’ ’’ We’re just saying ‘‘no’’ to so- erances [EPA-HQ-OPP-2009-0013; FRL-8803-1] cialized medicine. SENATE BILL REFERRED received December 15, 2009, pursuant to 5 We’re saying ‘‘yes’’ to good ideas, in- A bill of the Senate of the following U.S.C. 801(a)(1)(A); to the Committee on Ag- cluding ending lawsuit abuse, selling title was taken from the Speaker’s riculture. health insurance across State lines, 6197. A letter from the Director, Regu- table and, under the rule, referred as latory Management Division, Environmental full deductibility, HSAs, portability, follows: and transparency. Protection Agency, transmitting the Agen- cy’s final rule — Endothall; Pesticide Toler- I yield back the balance of my time. S. 30. An act to amend the Communica- tions Act of 1934 to prohibit manipulation of ances [EPA-HQ-OPP-2008-0730; FRL-8804-8] f caller identification information; to the received December 15, 2009, pursuant to 5 LEAVE OF ABSENCE Committee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. By unanimous consent, leave of ab- f 6198. A letter from the Director, Regu- sence was granted to: ENROLLED BILL SIGNED latory Management Division, Environmental Mr. PITTS (at the request of Mr. Protection Agency, transmitting the Agen- BOEHNER) for today on account of ill- Lorraine C. Miller, Clerk of the cy’s final rule — Fenarimol; Pesticide Toler- ness. House, reported and found truly en- ances [EPA-HQ-OPP-2007-0536 and 2007-0097; rolled a bill of the House of the fol- FRL-8793-5] received December 15, 2009, pur- f lowing title, which was thereupon suant to 5 U.S.C. 801(a)(1)(A); to the Com- SPECIAL ORDERS GRANTED signed by the Speaker: mittee on Agriculture. 6199. A letter from the Director, Regu- By unanimous consent, permission to H.R. 4532. An act to provide for permanent latory Management Division, Environmental address the House, following the legis- extension of the attorney fee withholding Protection Agency, transmitting the Agen- lative program and any special orders procedures under title II of the Social Secu- cy’s final rule — Fluoxastrobin; Pesticide heretofore entered, was granted to: rity Act to title XVI of such Act, and to pro- Tolerances [EPA-HQ-OPP-2008-0704; FRL- (The following Members (at the re- vide for permanent extension of such proce- 8803-4] received December 15, 2009, pursuant dures under titles II and XVI of such Act to to 5 U.S.C. 801(a)(1)(A); to the Committee on quest of Ms. WOOLSEY) to revise and ex- qualified non-attorney representatives. tend their remarks and include extra- Agriculture. f 6200. A letter from the Director, Regu- neous material:) latory Management Division, Environmental Mr. CUMMINGS, for 5 minutes, today. ADJOURNMENT Protection Agency, transmitting the Agen- Ms. WOOLSEY, for 5 minutes, today. Mr. KING of Iowa. Mr. Speaker, I cy’s final rule — Glyphosate; Pesticide Tol- Ms. DELAURO, for 5 minutes, today. erances [EPA-HQ-OPP-2008-0385; FRL-8408-1] Mr. MCDERMOTT, for 5 minutes, move that the House do now adjourn. received December 15, 2009, pursuant to 5 today. The motion was agreed to; accord- U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. DEFAZIO, for 5 minutes, today. ingly (at 9 o’clock and 45 minutes riculture. Ms. KAPTUR, for 5 minutes, today. p.m.), the House adjourned until to- 6201. A letter from the Director, Regu- (The following Members (at the re- morrow, Thursday, February 25, 2010, latory Management Division, Environmental Protection Agency, transmitting the Agen- quest of Mr. POE of Texas) to revise and at 10 a.m. cy’s final rule — Mesotrione; Pesticide Tol- extend their remarks and include ex- f erances [EPA-HQ-OPP-2008-0811; FRL-8799-1] traneous material:) received December 15, 2009, pursuant to 5 Mr. POE of Texas, for 5 minutes, EXECUTIVE COMMUNICATIONS, U.S.C. 801(a)(1)(A); to the Committee on Ag- March 3. ETC. riculture. Mr. JONES, for 5 minutes, March 3. Under clause 2 of rule XXIV, execu- 6202. A letter from the Director, Regu- Mr. TIM MURPHY of Pennsylvania, for tive communications were taken from latory Management Division, Environmental 5 minutes, today. the Speaker’s table and referred as fol- Protection Agency, transmitting the Agen- cy’s final rule — Prometryn; Pesticide Toler- Mr. YOUNG of Florida, for 5 minutes, lows: today. ances [EPA-HQ-OPP-2008-0773; FRL-8801-8] 6192. A letter from the Director, Regu- received December 15, 2009, pursuant to 5 Mr. LEWIS of California, for 5 min- latory Management Division, Environmental U.S.C. 801(a)(1)(A); to the Committee on Ag- utes, today. Protection Agency, transmitting the Agen- riculture. Mr. KINGSTON, for 5 minutes, today. cy’s final rule — 2-propenoic acid, butyl 6203. A letter from the Director, Regu- Mr. THOMPSON of Pennsylvania, for 5 ester, polymer with ethenylbenzene, methyl latory Management Division, Environmental minutes, today. 2-methyl-2-propenoate and 2-propenoic acid; Protection Agency, transmitting the Agen- Mr. SHUSTER, for 5 minutes, today. Tolerance Exemption [EPA-HQ-OPP-2009-0 cy’s final rule — Prosulfuron; Pesticide Tol- Mr. MORAN of Kansas, for 5 minutes, 691; FRL-8800-6] received December 15, 2009, erances [EPA-HQ-OPP-2008-0276; FRL-8800-8] March 3. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received December 15, 2009, pursuant to 5 mittee on Agriculture. Mr. FRELINGHUYSEN, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on Ag- today. 6193. A letter from the Director, Regu- riculture. latory Management Division, Environmental 6204. A letter from the Director, Regu- (The following Members (at their own Protection Agency, transmitting the Agen- latory Management Division, Environmental request) to revise and extend their re- cy’s final rule — 2,6-Diisopropylnaphthalene Protection Agency, transmitting the Agen- marks and include extraneous mate- (2,6-DIPN); Time-Limited Pesticide Toler- cy’s final rule — Quinclorac; Pesticide Toler- rial:) ances [EPA-HQ-OPP-2009-0802; FRL-8798-5] ances [EPA-HQ-OPP-2008-0937; FRL-8800-7]

VerDate Nov 24 2008 01:00 Feb 27, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD10\H24FE0.REC H24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H832 CONGRESSIONAL RECORD — HOUSE February 24, 2010 received December 15, 2009, pursuant to 5 Congress on The U.S. SAFE WEB Act: The audit report, pursuant to 36 U.S.C. 1101(36) U.S.C. 801(a)(1)(A); to the Committee on Ag- First Three Years’’; to the Committee on En- and 1103; to the Committee on the Judiciary. riculture. ergy and Commerce. 6229. A letter from the Assistant Secretary, 6205. A letter from the Director, Regu- 6216. A letter from the Assistant Legal Ad- Office of Legislative Affairs, Department of latory Management Division, Environmental visor for Treaty Affairs, Department of Homeland Security, transmitting the De- Protection Agency, transmitting the Agen- State, transmitting report prepared by the partment’s report entitled, ‘‘United States cy’s final rule — Rimsulfuron; Pesticide Tol- Department of State concerning inter- Department of Homeland Security Other erances [EPA-HQ-OPP-2009-0004; FRL-8796-9] national agreements other than treaties en- Transaction Authority Report to Congress received December 15, 2009, pursuant to 5 tered into by the United States to be trans- Fiscal Year 2009’’, pursuant to Public Law U.S.C. 801(a)(1)(A); to the Committee on Ag- mitted to the Congress within the sixty-day 107-296, section 831(a)(1), as amended; to the riculture. period specified in the Case-Zablocki Act; to Committee on Homeland Security. 6206. A letter from the Director, Regu- the Committee on Foreign Affairs. f latory Management Division, Environmental 6217. A letter from the Assistant Secretary, Protection Agency, transmitting the Agen- Legislative Affairs, Department of State, REPORTS OF COMMITTEES ON cy’s final rule — Tribenuron methyl; Pes- transmitting weekly Iraq Status Reports for PUBLIC BILLS AND RESOLUTIONS ticide Tolerances [EPA-HQ-OPP-2009-0005; the October 15 to December 15, 2009 period; to FRL-8797-9] received December 15, 2009, pur- the Committee on Foreign Affairs. Under clause 2 of rule XIII, reports of suant to 5 U.S.C. 801(a)(1)(A); to the Com- 6218. A letter from the Inspector General, committees were delivered to the Clerk mittee on Agriculture. Department of Commerce, transmitting the for printing and reference to the proper 6207. A letter from the Chair, Congres- Inspector General’s semiannual report to calendar, as follows: sional Oversight Panel, transmitting the Congress for the reporting period April 1, Mr. HASTINGS of Florida: Committee on Panel’s monthly report pursuant to Section 2009 through September 30, 2009, pursuant to Rules. House Resolution 1105. A resolution 125(b)(1) of the Emergency Economic Sta- 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to Providing for consideration of the bill (H.R. bilization Act of 2008, Pub. L. 110-343; to the the Committee on Oversight and Govern- 2701) to authorize appropriations for fiscal Committee on Financial Services. ment Reform. year 2010 for intelligence and intelligence-re- 6208. A letter from the Assistant Secretary 6219. A letter from the Secretary, Depart- lated activities of the United States Govern- for Financial Stability, Department of the ment of Commerce, transmitting the semi- ment, the Community Management Account, Treasury, transmitting Certification Relat- annual report on the activities of the Inspec- and the Central Intelligence Agency Retire- ing to SIGTARP and GAO Recommenda- tor General for the period April 30, 2009 ment and Disability System, and for other tions; to the Committee on Financial Serv- through September 30, 2009, pursuant to 5 purposes, waiving a requirement of clause ices. U.S.C. app. (Insp. Gen. Act) section 5(b); to 6(a) of rule XIII with respect to consider- 6209. A letter from the Administrator, En- the Committee on Oversight and Govern- ation of certain resolutions reported from ergy Information Administration, Depart- ment Reform. the Committee on Rules, and providing for ment of Energy, transmitting the Depart- 6220. A letter from the Secretary, Depart- consideration of motions to suspend the ment’s report entitled, ‘‘Performance Pro- ment of Energy, transmitting the Depart- rules (Rept. 111–419). Referred to the House files of Major Energy Producers 2008’’, pursu- ment’s Fiscal Year 2009 Agency Financial Calendar. ant to Public Law 95-91, section 205(h); to the Report; to the Committee on Oversight and Committee on Energy and Commerce. Government Reform. f 6210. A letter from the Director, Regu- 6221. A letter from the Assistant Secretary, PUBLIC BILLS AND RESOLUTIONS latory Management Division, Environmental Department of Health and Human Services, Protection Agency, transmitting the Agen- transmitting the Department’s report on Under clause 2 of rule XII, public cy’s final rule — Approval and Promulgation competitive sourcing for fiscal year 2009; to bills and resolutions of the following of Maintenance Plan for Carbon Monoxide; the Committee on Oversight and Govern- titles were introduced and severally re- State of Arizona; Tucson Air Planning Area ment Reform. ferred, as follows: [EPA-R09-OAR-2008-0379; FRL-8982-4] re- 6222. A letter from the Chairman, Federal ceived December 15, 2009, pursuant to 5 Maritime Commission, transmitting the In- By Mr. BOSWELL (for himself, Mr. U.S.C. 801(a)(1)(A); to the Committee on En- spector General’s semiannual report to Con- TERRY, Ms. HERSETH SANDLIN, Mr. ergy and Commerce. gress for the reporting period April 1, 2009 LOEBSACK, Mr. LATHAM, Mr. FOSTER, 6211. A letter from the Director, Regu- through September 30, 2009, pursuant to 5 Mr. HARE, and Mr. PETERSON): latory Management Division, Environmental U.S.C. app. (Insp. Gen. Act) section 8G(h)(2); H.R. 4674. A bill to authorize loan guaran- Protection Agency, transmitting the Agen- to the Committee on Oversight and Govern- tees for projects to construct renewable fuel cy’s final rule — Approval and Promulgation ment Reform. pipelines; to the Committee on Energy and of Air Quality Implementation Plans; Cali- 6223. A letter from the Acting Adminis- Commerce, and in addition to the Committee fornia; Monterey Bay Region 8-Hour Ozone trator, General Services Administration, on Transportation and Infrastructure, for a Maintenance Plan [EPA-R09-OAR-2009-0359; transmitting Fiscal year 2010 Annual Finan- period to be subsequently determined by the FRL-8983-6] received December 15, 2009, pur- cial Report; to the Committee on Oversight Speaker, in each case for consideration of suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Government Reform. such provisions as fall within the jurisdic- mittee on Energy and Commerce. 6224. A letter from the Chairman, Securi- tion of the committee concerned. 6212. A letter from the Director, Regu- ties and Exchange Commission, transmitting By Mr. HELLER: latory Management Division, Environmental in accordance with Pub. L. 105-270, the Fed- H.R. 4675. A bill to prohibit the further ex- Protection Agency, transmitting the Agen- eral Activities Inventory Reform Act of 1998 tension or establishment of national monu- cy’s final rule — Approval and Promulgation (FAIR Act), the Commission’s inventory of ments in Nevada except by express author- of Air Quality Implementation Plans; Vir- commercial activities for fiscal year 2009; to ization of Congress; to the Committee on ginia; Update to Materials Incorporated by the Committee on Oversight and Govern- Natural Resources. Reference; Correction [VA201-5202; FRL-9093- ment Reform. By Mr. FARR: 6] received December 15, 2009, pursuant to 5 6225. A letter from the Commissioner, So- H.R. 4676. A bill to direct the Secretary of U.S.C. 801(a)(1)(A); to the Committee on En- cial Security Administration, transmitting Commerce to establish a competitive grant ergy and Commerce. the semiannual report on the activities of program to promote domestic regional tour- 6213. A letter from the Director, Regu- the Office of Inspector General for the period ism; to the Committee on Energy and Com- latory Management Division, Environmental April 1, 2009 through September 30, 2009, pur- merce. Protection Agency, transmitting the Agen- suant to 5 U.S.C. app. (Insp. Gen. Act), sec- By Mr. CONYERS (for himself, Mr. cy’s final rule — Change of Addresses for tion 5(b); to the Committee on Oversight and COHEN, Mr. NADLER of New York, Mr. Submission of Certain Reports; Technical Government Reform. HARE, Mr. FILNER, Mr. DELAHUNT, Correction [FRL-9093-5] received December 6226. A letter from the Inspector General, Ms. BALDWIN, Mr. KENNEDY, Mr. 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Office of Inspector General, transmitting THOMPSON of Mississippi, Ms. SUTTON, the Committee on Energy and Commerce. final management advisory report on the Mr. KILDEE, Ms. CHU, Mr. MICHAUD, 6214. A letter from the Director, Regu- governance of the Atlas project; to the Com- Mr. JOHNSON of Georgia, Mr. GEORGE latory Management Division, Environmental mittee on House Administration. MILLER of California, Mr. HALL of Protection Agency, transmitting the Agen- 6227. A letter from the Assistant Attorney New York, Mr. SIRES, and Mr. RYAN cy’s final rule — Revisions to the California General, Department of Justice, transmit- of Ohio): State Implementation Plan, South Coast Air ting the Department’s report entitled, ‘‘Re- H.R. 4677. A bill to amend title 11, United Quality Management District [EPA-R09- port to the Nation 2009’’ from the Office for States Code, to improve protections for em- OAR-2009-0818; FRL-9087-3] received Decem- Victims of Crime for fiscal years 2007–2008 ployees and retirees in business bank- ber 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); and initiatives that extend into Fiscal Year ruptcies; to the Committee on the Judiciary. to the Committee on Energy and Commerce. 2009; to the Committee on the Judiciary. By Ms. SUTTON (for herself, Mr. TURN- 6215. A letter from the Secretary, Federal 6228. A letter from the President and CEO, ER, Ms. LINDA T. SA´ NCHEZ of Cali- Trade Commission, transmitting a report en- National Safety Council, transmitting a fornia, Mr. CONYERS, Ms. ZOE titled ‘‘Federal Trade Commission Report to copy of the Council’s 2009 annual report and LOFGREN of California, Mrs. MILLER

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of Michigan, Mr. BRALEY of Iowa, Mr. STER, Mr. CASTLE, Ms. MATSUI, Mr. nity. Respect.’’; to the Committee on the Ju- SARBANES, Ms. GINNY BROWN-WAITE GARRETT of New Jersey, Mr. ROTH- diciary. of Florida, Mr. MICHAUD, Mr. MAN of New Jersey, Ms. KILROY, Mr. By Mr. QUIGLEY (for himself, Mr. DOGGETT, Mr. JONES, Mr. DUNCAN, MICA, Ms. SHEA-PORTER, and Mr. BARTLETT, Mr. MURPHY of New York, Mr. HARE, Mr. KILDEE, Mr. STUPAK, LEWIS of Georgia): Mr. WALZ, Mr. SMITH of Washington, Mr. DONNELLY of Indiana, Mr. GENE H.R. 4684. A bill to require the Secretary of Mr. CARNAHAN, Mr. KISSELL, Mrs. GREEN of Texas, Mr. TERRY, Ms. ED- the Treasury to strike medals in commemo- BIGGERT, Mr. TONKO, Ms. GIFFORDS, WARDS of Maryland, Ms. SHEA-POR- ration of the 10th anniversary of the Sep- and Mr. KIRK): TER, Mr. OBERSTAR, Mr. RYAN of tember 11, 2001, terrorist attacks on the H. Res. 1106. A resolution commending the Ohio, Mr. KANJORSKI, Ms. KAPTUR, United States and the establishment of the United States Army for its achievements in Mr. KAGEN, and Mr. YARMUTH): National September 11 Memorial & Museum and commitment to environmental sustain- H.R. 4678. A bill to require foreign manu- at the World Trade Center; to the Committee ability and energy security; to the Com- facturers of products imported into the on Financial Services. mittee on Armed Services. United States to establish registered agents By Ms. NORTON: By Ms. ROS-LEHTINEN (for herself, in the United States who are authorized to H.R. 4685. A bill to provide for the perma- Mrs. MALONEY, Ms. TITUS, Mr. BROWN accept service of process against such manu- nent existence of the United States Parole of South Carolina, Mr. ROSKAM, Mr. facturers, and for other purposes; to the Commission; to the Committee on the Judi- WILSON of South Carolina, Mr. BILI- Committee on Energy and Commerce, and in ciary. RAKIS, Mr. FALEOMAVAEGA, Ms. BERK- addition to the Committees on Ways and By Mr. SABLAN: LEY, Mr. GALLEGLY, Ms. KOSMAS, Mr. Means, and Agriculture, for a period to be H.R. 4686. A bill to authorize the Secretary GARRETT of New Jersey, Mr. MAN- subsequently determined by the Speaker, in of Interior to study the suitability and feasi- ZULLO, Mr. PAYNE, Mr. KENNEDY, Mr. each case for consideration of such provi- bility of designating prehistoric, historic, SMITH of New Jersey, Ms. WATSON, sions as fall within the jurisdiction of the and limestone forest sites on Rota, Common- Mr. PASCRELL, Mr. SPACE, Mr. committee concerned. wealth of the Northern Mariana Islands, as a ALTMIRE, Mr. LINCOLN DIAZ-BALART By Mrs. CHRISTENSEN: unit of the National Park System; to the of Florida, Mr. JACKSON of Illinois, H.R. 4679. A bill to amend the Internal Rev- Committee on Natural Resources. Mr. SCOTT of Virginia, Mr. SARBANES, ´ enue Code of 1986 to assist in the recovery By Ms. LINDA T. SANCHEZ of Cali- Mr. HOLT, Ms. TSONGAS, Mr. VAN and development of the Virgin Islands by fornia: HOLLEN, Mr. LANGEVIN, Mr. ISRAEL, H.R. 4687. A bill to provide grants to States providing for a reduction in the tax imposed Mr. SNYDER, Mr. DAVIS of Illinois, for low-income housing projects in lieu of on distributions from certain retirement Mr. CONYERS, Ms. ESHOO, Ms. KILROY, low-income housing credits; to the Com- plans’ assets which are invested for at least Mr. MARIO DIAZ-BALART of Florida, mittee on Financial Services, and in addi- 30 years, subject to defined withdrawals, Mr. CAPUANO, Mr. PALLONE, and Mr. tion to the Committee on Ways and Means, under a Virgin Islands investment program; MCMAHON): to the Committee on Ways and Means. for a period to be subsequently determined H. Res. 1107. A resolution recognizing the By Mr. ELLSWORTH: by the Speaker, in each case for consider- 189th anniversary of the independence of H.R. 4680. A bill to reduce the employer ation of such provisions as fall within the ju- Greece and celebrating Greek and American portion of payroll taxes in the case of em- risdiction of the committee concerned. democracy; to the Committee on Foreign Af- ployers who expand payroll in 2010 and 2011; By Mr. SESTAK: fairs. to the Committee on Ways and Means. H.R. 4688. A bill to amend the Second By Ms. WATSON: By Mr. FORBES: Chance Act of 2007 to reauthorize the grants H. Res. 1108. A resolution commemorating H.R. 4681. A bill to provide for rates of pay program carried out by the Secretary of the life of the late Cynthia DeLores Tucker; for Members of Congress to be adjusted as a Labor to provide mentoring, job training and to the Committee on the Judiciary. function of changes in Government spending; job placement services, and other com- to the Committee on House Administration, prehensive transitional services to assist eli- f and in addition to the Committee on Over- gible offenders in obtaining and retaining sight and Government Reform, for a period employment, and to require a study on best ADDITIONAL SPONSORS to be subsequently determined by the Speak- practices by nonprofit organization partici- Under clause 7 of rule XII, sponsors er, in each case for consideration of such pro- pating in such grants program; to the Com- were added to public bills and resolu- visions as fall within the jurisdiction of the mittee on the Judiciary. tions as follows: committee concerned. By Mrs. DAVIS of California (for her- By Mr. KENNEDY (for himself, Mr. self and Ms. ROS-LEHTINEN): H.R. 25: Mr. GRIFFITH. PETRI, and Mr. COOPER): H. Con. Res. 239. Concurrent resolution au- H.R. 211: Mr. KLEIN of Florida. H.R. 4682. A bill to encourage savings, pro- thorizing the use of Emancipation Hall in H.R. 213: Mr. CARNAHAN. mote financial literacy, and expand opportu- the Capitol Visitor Center for a ceremony to H.R. 413: Ms. GIFFORDS, Mr. GENE GREEN of nities for young adults by establishing Life- present the Congressional Gold Medal to the Texas, Ms. LEE of California, Mr. SHUSTER, time Savings Accounts; to the Committee on Women Airforce Service Pilots; to the Com- Mr. JOHNSON of Illinois, and Mr. ENGEL. Ways and Means. mittee on House Administration. H.R. 571: Mr. CARNAHAN. By Mr. PATRICK J. MURPHY of Penn- By Mr. MCCAUL (for himself, Mr. H.R. 618: Mr. MICHAUD. sylvania (for himself and Mr. GAR- CULBERSON, Mr. CONAWAY, Mr. BRADY H.R. 656: Ms. GRANGER. RETT of New Jersey): of Texas, Mr. MARCHANT, Mr. SAM H.R. 690: Mr. MEEKS of New York. H.R. 4683. A bill to amend the Agricultural JOHNSON of Texas, Mr. HALL of Texas, H.R. 716: Ms. LINDA T. SA´ NCHEZ of Cali- Trade Act of 1978 to repeal the Market Ac- Mr. SMITH of Texas, Mr. SESSIONS, fornia. cess Program of the Department of Agri- Mr. PAUL, Mr. GENE GREEN of Texas, H.R. 734: Ms. FUDGE, Ms. SCHWARTZ, Mr. culture; to the Committee on Agriculture. Mr. ORTIZ, Mr. CUELLAR, Mr. KAGEN, Mr. DAVIS of Tennessee, and Mr. By Mr. NADLER of New York (for him- GOHMERT, Ms. GRANGER, Mr. OLSON, CHANDLER. self, Mr. ACKERMAN, Mr. ARCURI, Mr. Mr. CARTER, Mr. THORNBERRY, Mr. H.R. 855: Mr. RYAN of Ohio. BISHOP of New York, Ms. CLARKE, Mr. NEUGEBAUER, and Mr. POE of Texas): H.R. 1074: Mr. ROSKAM. ENGEL, Mr. HALL of New York, Mr. H. Res. 1103. A resolution celebrating the H.R. 1175: Ms. JACKSON LEE of Texas. HIGGINS, Mr. HINCHEY, Mr. ISRAEL, life of Sam Houston on the 217th anniversary H.R. 1177: Mr. SKELTON. Mr. KING of New York, Mr. LEE of of his birth; to the Committee on Oversight H.R. 1248: Mr. BARTLETT. New York, Mrs. LOWEY, Mr. MAFFEI, and Government Reform. H.R. 1283: Mr. VISCLOSKY. Mr. MASSA, Mrs. MALONEY, Mr. By Mr. COSTA (for himself, Mr. POE of H.R. 1305: Mr. OWENS and Mr. MANZULLO. MCMAHON, Mrs. MCCARTHY of New Texas, Mr. BACA, Mr. CARDOZA, Mr. H.R. 1314: Ms. CHU, Ms. RICHARDSON, and York, Mr. MEEKS of New York, Mr. GRIJALVA, Mr. HASTINGS of Florida, Mrs. NAPOLITANO. MURPHY of New York, Mr. OWENS, Mr. Mr. HOLDEN, Mr. LARSEN of Wash- H.R. 1523: Ms. WATERS. RANGEL, Mr. SERRANO, Ms. SLAUGH- ington, Ms. MATSUI, Mr. MCGOVERN, H.R. 1552: Mr. SENSENBRENNER. TER, Mr. TONKO, Mr. TOWNS, Ms. Mr. MINNICK, Mr. MOORE of Kansas, H.R. 1584: Mr. KISSELL and Mr. CAPUANO. VELA´ ZQUEZ, Mr. WEINER, Mr. CROW- Mr. MORAN of Virginia, Mr. H.R. 1751: Mr. THOMPSON of Mississippi. LEY, Mr. PERRIELLO, Mr. THOMPSON of PIERLUISI, and Mr. ROYCE): H.R. 1778: Mr. REYES, Mr. CARDOZA, and Mr. Pennsylvania, Mr. PIERLUISI, Ms. H. Res. 1104. A resolution supporting the BOSWELL. BORDALLO, Mr. PATRICK J. MURPHY of mission and goals of 2010 National Crime H.R. 1826: Mr. WEINER and Mrs. DAVIS of Pennsylvania, Ms. RICHARDSON, Ms. Victims’ Rights Week to increase public California. SCHWARTZ, Mr. DOYLE, Mr. MORAN of awareness of the rights, needs, and concerns H.R. 1831: Mr. TOWNS, Mr. PASTOR of Ari- Virginia, Ms. ROS-LEHTINEN, Ms. PIN- of victims and survivors of crime in the zona, Mr. MINNICK, and Mr. MELANCON. GREE of Maine, Mr. HIMES, Mr. United States, no matter their country of or- H.R. 1836: Mr. SHULER. CONNOLLY of Virginia, Mr. MEEK of igin or their creed, and to commemorate the H.R. 1855: Mr. SPACE. Florida, Ms. LORETTA SANCHEZ of National Crime Victims’ Rights Week theme H.R. 2024: Mr. MCINTYRE. California, Ms. DELAURO, Mr. SHU- of ‘‘Crime Victims’ Rights: Fairness. Dig- H.R. 2030: Ms. SHEA-PORTER.

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H.R. 2112: Ms. SLAUGHTER. H.R. 4278: Mr. DRIEHAUS and Mr. CAPUANO. RANGEL, Mr. HALL of New York, Ms. KIL- H.R. 2122: Mr. DAVIS of Tennessee. H.R. 4296: Mr. LOBIONDO. PATRICK of Michigan, Mr. HASTINGS of Flor- H.R. 2149: Mr. BISHOP of New York. H.R. 4302: Mr. BACA, Mrs. MALONEY, Mr. ida, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 2246: Mr. BISHOP of New York. MURPHY of New York, Mr. QUIGLEY, Mr. Ms. NORTON, Mr. LEWIS of Georgia, Ms. JACK- H.R. 2271: Mr. LATHAM. DRIEHAUS, and Mr. MAFFEI. SON LEE of Texas, Ms. RICHARDSON, Mr. H.R. 2361: Mr. GORDON of Tennessee. H.R. 4312: Mr. MANZULLO. TOWNS, Mr. RUSH, Mr. JOHNSON of Georgia, H.R. 2421: Mr. BARROW, Mr. DICKS, Mr. H.R. 4325: Mr. ROTHMAN of New Jersey. Mr. SCOTT of Virginia, Ms. MOORE of Wis- PITTS, and Mr. SCOTT of Virginia. H.R. 4330: Mr. WU. consin, Mr. AL GREEN of Texas, Mr. CLEAVER, H.R. 2492: Mr. MAFFEI. H.R. 4341: Mr. GRAYSON. Ms. LEE of California, Mr. COHEN, Mr. MEEKS H.R. 2579: Mr. SESTAK. H.R. 4386: Mr. SESTAK, Ms. DEGETTE, and of New York, Mr. PERRIELLO, Ms. FUDGE, Mr. H.R. 2731: Mr. SESTAK. Mr. KAGEN. BISHOP of Georgia, Mr. CARSON of Indiana, H.R. 2817: Ms. PINGREE of Maine. H.R. 4402: Mr. DELAHUNT, Ms. LINDA T. Mr. BRADY of Pennsylvania, Mr. DAVIS of Il- H.R. 2866: Mr. WU. SA´ NCHEZ of California, Mr. NYE, Ms. SHEA- linois, Mr. MEEK of Florida, Mrs. H.R. 3012: Mr. TAYLOR. PORTER, Mr. ROTHMAN of New Jersey, and H.R. 3025: Mr. BAIRD. CHRISTENSEN, Mrs. HALVORSON, Mr. Mr. JACKSON of Illinois. H.R. 3043: Ms. NORTON, Mr. MICHAUD, Mr. RODRIGUEZ, Mr. PRICE of North Carolina, Mr. H.R. 4469: Mr. WILSON of South Carolina, MARKEY of Massachusetts, Ms. CHU, Mr. BUTTERFIELD, Mr. WATT, and Mr. DONNELLY Ms. JACKSON LEE of Texas, Mr. BRADY of HOLT, and Mr. BOCCIERI. of Indiana. Pennsylvania, and Mr. LATOURETTE. H.R. 3101: Mr. CHANDLER, Mr. DAVIS of Ten- H. Res. 100: Mrs. MILLER of Michigan. H.R. 4526: Mr. GEORGE MILLER of Cali- nessee, Mr. MOORE of Kansas, Mr. NEAL of H. Res. 111: Mr. SMITH of Texas, Ms. JEN- fornia. Massachusetts, Mr. OLVER, and Mr. TIERNEY. KINS, Mr. KANJORSKI, Mr. ROGERS of Ala- H.R. 4537: Ms. BEAN, Mrs. MALONEY, Mr. H.R. 3511: Ms. BORDALLO. bama, Mr. DRIEHAUS, and Mr. TIBERI. MASSA, Mr. MCGOVERN, Mr. PALLONE, Mr. H.R. 3525: Ms. WOOLSEY. POLIS of Colorado, and Ms. WATERS. H. Res. 200: Mr. BILIRAKIS. H.R. 3560: Mr. RUSH. H.R. 4560: Ms. BEAN. H. Res. 213: Mr. LARSON of Connecticut. H.R. 3564: Mr. LYNCH and Mr. PIERLUISI. H. Res. 376: Mr. MCCOTTER. H.R. 3648: Mr. ELLSWORTH. H.R. 4580: Mr. ROHRABACHER, Mr. MOORE of H.R. 3731: Mr. PERLMUTTER, Mr. PIERLUISI, Kansas, Mr. LEWIS of Georgia, Mr. FRANK of H. Res. 440: Mr. PETERS. Ms. DEGETTE, Mr. HONDA, Mr. CONNOLLY of Massachusetts, Mr. NEAL of Massachusetts, H. Res. 716: Mr. BRADY of Pennsylvania. Virginia, Mr. DOGGETT, Ms. RICHARDSON, and Mr. BISHOP of Georgia, Mr. BOSWELL, and Mr. H. Res. 870: Mr. SENSENBRENNER. GRIJALVA. Ms. NORTON. H. Res. 879: Mr. MURPHY of Connecticut. H.R. 4594: Ms. RICHARDSON, Ms. BORDALLO, H.R. 3790: Mr. OWENS and Ms. WATSON. H. Res. 929: Mr. BRADY of Pennsylvania. H.R. 3810: Mr. TONKO. Ms. FUDGE, Mr. GRAYSON, Ms. GIFFORDS, Mr. H. Res. 938: Mr. CHANDLER. H.R. 3974: Ms. ROYBAL-ALLARD. COHEN, Ms. NORTON, Mr. FARR, Mr. MCGOV- H.R. 4051: Mr. COURTNEY. ERN, Mrs. CAPPS, Mr. CAPUANO, and Mr. WU. H. Res. 977: Mr. CAMPBELL. H.R. 4055: Mr. COSTA, Ms. HIRONO, Mr. H.R. 4614: Mr. LUJA´ N and Mr. REICHERT. H. Res. 992: Ms. JACKSON LEE of Texas, Mr. ABERCROMBIE, Mr. COHEN, and Ms. BERKLEY. H.R. 4621: Mr. THOMPSON of California, Mr. BILIRAKIS, Mr. MCCAUL, Mr. INGLIS, Mr. FIL- H.R. 4085: Mr. SIMPSON. GRIJALVA, and Mr. SHERMAN. NER, and Mr. SCHOCK. H.R. 4109: Ms. EDDIE BERNICE JOHNSON of H.R. 4624: Mr. HILL. H. Res. 1060: Mr. SCALISE, Mr. KINGSTON, Texas. H.R. 4626: Mr. FILNER. and Mr. WALZ. H.R. 4647: Mr. ENGEL. H.R. 4127: Mr. POE of Texas. H. Res. 1063: Mr. JONES. H.R. 4131: Mr. HOLT. H.R. 4668: Mr. KENNEDY. H. Res. 1072: Mr. CAO, Mr. FLEMING, Mr. AL- H.R. 4141: Mr. KRATOVIL. H. Con. Res. 144: Ms. LINDA T. SA´ NCHEZ of EXANDER, Mr. BOUSTANY, Mr. SCALISE, and H.R. 4149: Mr. HARE. California. Mr. MELANCON. H.R. 4155: Ms. SUTTON and Mr. FILNER. H. Con. Res. 147: Mr. SESTAK. H.R. 4210: Mr. MORAN of Virginia. H. Con. Res. 222: Mr. GRIJALVA. H. Res. 1075: Mr. MEEKS of New York, Mr. H.R. 4256: Mr. LEWIS of Georgia and Mr. H. Con. Res. 238: Mr. TEAGUE, Mr. THOMPSON of Pennsylvania, Mr. SAM JOHN- DAVIS of Illinois. MCMAHON, Mr. MILLER of North Carolina, SON of Texas, and Mr. WALZ. H.R. 4274: Mr. BACA, Mr. FILNER, and Mr. Mr. ETHERIDGE, Mr. CAO, Mr. CHILDERS, Mr. H. Res. 1086: Ms. ROYBAL-ALLARD. TONKO. MCINTYRE, Mr. CUMMINGS, Mr. CONYERS, Mr. H. Res. 1091: Ms. DELAURO.

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Vol. 156 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2010 No. 24 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform HEALTH CARE SUMMIT the duties of the Chair. called to order by the Honorable TOM Mr. MCCONNELL. Mr. President, ear- UDALL, a Senator from the State of ROBERT C. BYRD, President pro tempore. lier this week, the White House un- New Mexico. veiled its latest iteration of the Demo- Mr. UDALL of New Mexico thereupon crat plan for health care reform, and, assumed the chair as Acting President PRAYER to put it quite simply, it was a major pro tempore. The Chaplain, Dr. Barry C. Black, of- disappointment. fered the following prayer: f It was our hope that when the admin- Let us pray. RECOGNITION OF THE MAJORITY istration called for a health care sum- O Lord our God, in whom we trust, LEADER mit at the White House, it would be an put Your hands upon the Members of The ACTING PRESIDENT pro tem- opportunity for both sides to come to- this body to guide and strengthen pore. The majority leader is recog- gether and start over. Now it is per- them. Bless them in moments of stress nized. fectly clear the administration had and tension, renewing their strength so something else in mind entirely. that they mount up on wings like ea- f The plan we saw Monday is hardly a gles. Lord, give them the moral and SCHEDULE starting off point for a bipartisan dis- spiritual stamina to do what is right as Mr. REID. Mr. President, following cussion on commonsense reforms. It is You give them the life to understand leader remarks, the time until 9:55 will really just more of the same: a massive Your will. May they fulfill their high be equally divided and controlled be- government scheme with all the flaws calling to serve You and this Nation tween the two leaders or their des- of the previous proposals that the and exemplify to all the oneness of a ignees. At 9:55, the Senate will proceed American people have already seen and shared commitment. Make their lives to a series of up to two rollcall votes. rejected. Changing the name and in- an expression of Your truth, righteous- The first vote will be on the motion to creasing the cost is not what Ameri- ness and justice. waive the applicable budget points of cans have been asking for, and it is cer- We pray in Your strong Name. Amen. order with respect to the Reid amend- tainly not reform. ment No. 3310. To make matters worse, even as law- f If the points of order are waived, we makers head down to the White House for this health care summit tomorrow, PLEDGE OF ALLEGIANCE will immediately proceed to vote on the motion to concur in the House Democrats on Capitol Hill are working The Honorable TOM UDALL led the amendment to the Senate amendment behind the scenes on a plan aimed at Pledge of Allegiance, as follows: to the bill, H.R. 2947, with the Reid sub- jamming this massive health spending I pledge allegiance to the Flag of the stitute amendment. bill through Congress against the clear United States of America, and to the Repub- Following the votes, the Senate will wishes of an unsuspecting public. What lic for which it stands, one nation under God, proceed to a period of morning busi- they have in mind is a last ditch legis- indivisible, with liberty and justice for all. ness, with Senators permitted to speak lative sleight of hand called reconcili- f for up to 10 minutes each. ation that would enable them to im- It is my hope we are able to reach an pose government-run health care for APPOINTMENT OF ACTING agreement to pass the short-term tax all on the American people, whether PRESIDENT PRO TEMPORE extenders legislation today. The next Americans want it or not. And we The PRESIDING OFFICER. The item of business will be the bipartisan know that Americans do not, in fact, clerk will please read a communication travel promotion legislation. want it. Americans have seen these proposals to the Senate from the President pro Following the remarks of the Sen- before. They do not want them. So this tempore (Mr. BYRD). ator from Kentucky, I would yield 4 is the height of legislative arrogance. The assistant legislative clerk read minutes to the Senator from New If you did not like the Cornhusker the following letter: York, Mr. SCHUMER. f Kickback, get ready. This is the U.S. SENATE, Cornhusker Kickback on steroids. PRESIDENT PRO TEMPORE, RECOGNITION OF THE MINORITY In light of all these behind the scenes Washington, DC, February 24, 2010. LEADER To the Senate: efforts to get around the will of the Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- people, it is hard to imagine what the of the Standing Rules of the Senate, I hereby pore. The Republican leader is recog- purpose of Thursday’s summit is. If the appoint the Honorable TOM UDALL, a Senator nized. White House wants real bipartisanship,

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

S717

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VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S718 CONGRESSIONAL RECORD — SENATE February 24, 2010 then it needs to drop the proposal it joined us in moving the bill forward. I it into the creation of jobs. Let me ex- posted Monday, which is no different in am very hopeful there will be a large plain. In the last quarter, there was its essentials than anything we have number of those from the other side of economic growth, 5.7 percent, but hard- seen before, and start over. And they the aisle who will join in this bipar- ly a job was created. You cannot sus- need to take this last-ditch reconcili- tisan measure that will show the tain an economy and get an economy ation effort off the table once and for American people that, at least when it moving upward unless jobs are created. all. comes to jobs, we can—and must for But the growth gives us an oppor- Then we can work on the kind of re- their good—work together. tunity—not every employer but a sig- form Americans really want, step by First, let me discuss the proposal, nificant number of employers are get- step proposals that will actually get at the part of the proposal authored by ting new orders. They are thinking to the problem, which is cost. That is Senator HATCH and myself. It is very themselves: Should I hire that new what the American people have been simple. It is a holiday from the payroll worker or should I just extend over- asking us to do for a year. If ever there tax for any employer that hires a time or cut back somewhere else? were a time for the administration to worker who has been out of work for 60 This job provision, a payroll tax holi- show it is listening, it is now. Reform days. day, says to the employer—to some, is too important. We cannot let this Let me discuss why I think it will not all but to many—I am going to opportunity pass. work. First, it is immediate. Most busi- take that gamble and hire that worker and hire them now so it will help jump- f nesses, particularly small businesses, if you tell them they will get some kind start our economy. It will work for RESERVATION OF LEADER TIME of tax credit if they hire someone, but businesses, not those that see declining The ACTING PRESIDENT pro tem- they will get that credit a year from sales or flat sales but those that are be- pore. Under the previous order, the April, are not very interested. This oc- ginning to see sales go up and will leadership time is reserved. curs immediately, the minute the translate those increased sales into in- creased jobs, which will then, hope- f worker is hired. Second, it is simple. Again, you tell a fully, create the virtuous cycle of more COMMERCE, JUSTICE, SCIENCE, businessperson, particularly a small jobs, more money in the economy, AND RELATED AGENCIES APPRO- businessperson, they have to fill out 30 more jobs still, more money in the PRIATIONS ACT, 2010 pages, maybe hire an accountant to get economy still, and we can get out of The ACTING PRESIDENT pro tem- a tax credit for a new worker, that is this awful recession. pore. Under the previous order, the not life. They are going to tell you to In conclusion, I wish to save enough time for my friend from New Hamp- Senate will resume consideration of forget it. shire. I traveled around my State this the House message with respect to H.R. But here all the new employee has to last Presidents week break. In every 2847, which the clerk will report. show is that he or she was out of work corner of my State, I sat with the un- The assistant legislative clerk read for 60 days. It is very easy to show 60 employed. It was heartbreaking. Think as follows: days of unemployment compensation, of those people and those faces, what A House message to accompany H.R. 2847, and it immediately takes effect. Third, it goes right to small business. they had to say late at night. an Act making appropriations for the De- A woman from Rochester had worked partments of Commerce and Justice and So this is not a large government pro- for 20 years for Xerox, lost her position Science, and Related Agencies for the Fiscal gram. The money goes right to small in human services up in Rochester. She Year ending September 30, 2010, and for other business and is cost effective, which is has been looking for 2 years, close to 2 purposes. the fourth point. If 3 million people are Pending: years, for a job. She made a very good hired by this tax credit, it will cost $15 salary. She did not have a family. Her Reid amendment No. 3310 (to the House billion. That is a lot of money. But job was her life. She has turned things amendment to the Senate amendment), in compared to the stimulus of $880 bil- the nature of a substitute. inside out to try and find comparable lion, it is much smaller. The money is work. She cannot. Reid amendment No. 3311 (to amendment cost effective. It goes right to where it No. 3310), to change the enactment date. I met a man who was a blue-collar should. worker. He had risen to the top of his The ACTING PRESIDENT pro tem- Finally, my last point is, it is bipar- craft, tool and die. He thought he had pore. Under the previous order, the tisan. The country is asking us to come a great life—worked hard, had six chil- time until 9:55 will be equally divided and work together. Obviously, there dren, a good marriage. A year ago he and controlled between the two leaders are diverse views, both within the par- lost his job and is still paying the or their designees. ties and certainly between the parties. mortgage. His wife cannot work to sup- Mr. GREGG. I ask unanimous con- But that does not mean, on areas that port him because of the six kids, one of sent that upon the completion of the are getting close to emergencies, we whom was 2 years old, as I recall. remarks from the Senator from New cannot work together. What is he going to do? You meet York, I be recognized. This proposal, let it be the start. But people like this again and again. Young Mr. SCHUMER. Mr. President, the let this proposal be the start of a com- college students get out of college, time will be equally divided, I pre- ing together on issues we can agree on. bright-eyed and bushy-tailed, and can- sume? There are some job proposals my col- not find work. How disillusioning at Mr. GREGG. Yes. leagues on this side of the aisle would the beginning of their career. The ACTING PRESIDENT pro tem- support and my colleagues on the other So we have an imperative to do some- pore. Without objection, it is so or- side would not and vice versa. There thing. We have an imperative not to dered. are some they would support and we say: It has to be my way or no way. We The Senator from New York is recog- would not. have to put those people back to work. nized. But there are a large number we can That is what Senator HATCH and I at- Mr. SCHUMER. Mr. President, on a all agree on. We ought to endeavor to tempted to do with our proposal. To more bipartisan note than the speech do them because what the American our leader, I wish to pay him a tremen- from the minority leader, we are now people want is not us just talking at dous tribute. He was focused on getting moving toward some legislation that one another and accomplishing nothing this done. He took brickbats left and has two bits of good news for the Amer- but us getting something done. right. But the ultimate wisdom of what ican people; one, it will help create Finally, going back to the merits of he did is now being seen as we move jobs and employ those who have been this proposal, it should not be sold as a this bill on the floor today. out of work for too long a time; second, panacea. This is not a magic wand that Hopefully, it will go through the it is bipartisan. For the first time in a is going to be waved and all our job- House and be on the President’s desk long time, we have a bill that is sup- lessness will decline. shortly. I thank Senator HATCH and all ported by both Democrats and Repub- But what it does do is harness the my colleagues who, hopefully, in a few licans. I would like to salute the five economic growth we have seen in the minutes, will come together in a bipar- Republicans from the other side who last quarter, 5.7 percent, and translates tisan way and tell the workers who are

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The Senator from New Hampshire manship ought to be explained because works out, we are going to run deficits is recognized. it keeps being undertaken by the high- of about 5 percent every year for the Mr. GREGG. Mr. President, I believe way committee in the most egregious next 10 years, we will have a public the first obligation of a government— way relative to proper fiscal manage- debt situation of well over 60 percent or one of the obligations, especially of ment. In fact, if this were done in an next year, and we will get to 80 percent Congress—is to live by its own words accounting cycle that was subject to before the next 10 years are up. Those and live by its own rules. With great accounting rules, the people who claim are numbers which lead to one conclu- fanfare a couple weeks ago, the Demo- this sort of sleight of hand would go to sion—that we are in deep trouble. We cratic leadership and its membership jail. It is that simple. They would go to are in deep, deep trouble. Yet we come passed a pay-go piece of legislation jail because this is such a fraud on the here today with a bill which aggravates which says that when you bring spend- American taxpayer. that situation relative to the pay-go ing legislation to the floor, it should be What they are claiming is that the rules by $12 billion and relative to the paid for. There was great breast-beat- highway fund, on which they have com- highway fund by $140 billion. ing on the other side of the aisle about mitted to spend much more money Mr. INHOFE. Mr. President, I have a how this would discipline the govern- than is coming in, and they knew they unanimous consent request. ment and make us fiscally responsible. would spend more money than was The ACTING PRESIDENT pro tem- Now we see, as the first piece of legis- coming in because they wanted to pore. The Senator from New Hampshire lation to come forward since the pay- spend more money than was coming in, has the floor. go resolution passed, a bill which vio- what they are claiming is that highway Mr. GREGG. I will yield for the pur- lates that pay-go resolution. This bill fund lent the general fund money 10 pose of a unanimous consent request. spends $12 billion that is not paid for years ago and that money should have Mr. INHOFE. I ask unanimous con- under the pay-go rules over the next 5 had interest paid on it. Of course, at sent that at the conclusion of the re- years. It is in violation of the concepts marks of the Senator from New Hamp- the time, they actually waived the in- and the rules which were put forward shire, I be recognized for up to 3 min- terest, assuming interest should have by the other side as the way we would utes. been paid on that. That interest has discipline spending. The ACTING PRESIDENT pro tem- I understand—and I think most of us been recouped a couple of times now, pore. Is there objection? Without objec- understand—the issue of the economy allegedly, even if it were owed. But tion, it is so ordered. is critical, getting people back to work what they claim is that because the Mr. GREGG. What we have before us is critical, but I don’t think we get peo- money is coming out of the general today is a bill which, first, violates the ple back to work by loading more and fund to fund the highway fund, they pay-go rules which we just passed a more debt onto the next generation. are calling that an offset so it won’t couple of weeks ago to the tune of $12 Probably we create an atmosphere score. billion and, second, puts in place a where folks who are willing to go out Unfortunately, under the present glidepath, which should be called a and invest and create jobs are a little rules with which we budget around nosedive, toward $140 billion of new reticent to do so because they don’t here, it doesn’t score because it is built debt being put on the backs of our chil- know how all that debt the Federal into the baseline. It adds up to $140 bil- dren, with the alleged justification Government is putting on the books lion over the next 10 years, approxi- that it is offset when, in fact, the offset will be paid for. I presume that is one mately, that is going to come out of is superficial, Pyrrhic, and non- of the reasons the pay-go legislation the general fund to fund the highway existent. was brought forward a couple of weeks fund because the people who run the The ACTING PRESIDENT pro tem- ago, to try to give some certainty to highway fund don’t have the courage to pore. The time of the Senator has ex- the markets and to the American peo- fund what they want to spend. So they pired. ple who were upset with all the deficit are going to take it out of the general Mr. GREGG. We can not keep doing and debt, that we would discipline our- fund. Where does the general fund get this. We cannot keep doing this to our selves. its money? It borrows it from our chil- children. We cannot keep coming out Now the first bill that comes forward dren and grandchildren. It runs up here and claiming we are being fiscally violates the rules of the Senate by add- debt. That is why, under any scenario, disciplined when we are doing just the ing $12 billion of spending which is not no matter what gamesmanship you opposite: spending money we don’t paid for, which will be deficit spending, play around here on naming this event, have and passing the bill on to our and which will be added to the debt. I it turns out to be the same thing: debt kids. am not sure how you vote for this bill added to our children’s burden. The ACTING PRESIDENT pro tem- when it violates that rule which you Our children already have a fair pore. The Senator from Oklahoma. just voted for 2 weeks ago. It seems a amount of debt coming at them as a re- Mr. INHOFE. Mr. President, when bit of inconsistency that is hard even sult of this Congress’s profligacy. the Senator from New Hampshire talks for a political institution to justify. Under the President’s budget, the def- about what we can and can’t do to our On top of that, this bill has massive icit will double in the next 5 years and children, I remind my fellow Senators, gamesmanship in the outyears. It is a triple in the next 10 years. We will add I happen to be blessed with 20 kids and bill of $15 to $18 billion in spending, but $11 trillion of new debt to the backs of grandkids. I am probably more con- actually, because of the games played our children over the next 10 years cerned than anyone else here about fu- in the highway accounts, it adds $140 under the President’s initiatives, every ture generations. Let me say, to re- billion of spending that is not paid for year for the next 10 years. We will av- deem myself in advance, I am a con- which will be added to the debt if this erage deficits of $1 trillion. servative. I have been ranked No. 1 by bill is passed. That is a hard number. The American people intuitively un- the ACU, Man of the Year by Human That is a big number. That is a real derstand that cannot continue; it can’t Events. Yet I think we are supposed to number. keep up. We are on an unsustainable be doing something when we come here The simple fact is, this bill, in the course. We are running this Nation to Washington. I have always said, classic gamesmanship we see from the into a ditch on the fiscal side of the when I run for office, that the two highway committee, spends money we ledger. We are putting this Nation into main things we are supposed to do are don’t have and then claims we have the financial bankruptcy because of the defend America and infrastructure. money. In the end, all that money has fact that we are running up deficits Yes, I am the ranking member on the to be borrowed because there are no and debt far beyond our capacity to Environment and Public Works Com- revenues to cover it. repay. In fact, if you look at these defi- mittee. I was the sponsor of the bill in

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VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE Insert offset folio 83/A2 here ES24FE10.002 February 24, 2010 CONGRESSIONAL RECORD — SENATE S723 Mr. HATCH. Mr. President, I rise These aren’t Republican values or Demo- er’s unexpected action, just look at the today to discuss the so-called jobs leg- cratic values that they’re living by; business next-day’s headlines: values or labor values. They’re American islation that is before the Senate this ‘‘Key Dem: Reid scrapped jobs bill because values. afternoon and to express my grave con- he did not trust Republicans’’—The Hill cerns with the direction this bill has The President went on to address the ‘‘Reid kills Baucus-Grassley jobs bill’’— taken over the past few weeks. need to promote job growth by saying: The Politico Several of my Finance Committee Now, the true engine of job creation in this ‘‘Senate leader slashes jobs bill; Despite colleagues on both sides of the aisle country will always be America’s businesses. new support’’—LA Times put a lot of time and effort into cre- We should start where most new jobs do— But it doesn’t end there. The major- in small businesses, companies that begin ity leader sent a pretty strong message ating a compromise jobs bill that when an entrepreneur takes a chance on a Chairman BAUCUS and Senator GRASS- dream, or a worker decides it’s time she be- when he said that he—and I quote— LEY were trying to move forward. In- came her own boss. ‘‘dared Republicans to vote against his deed, I had high hopes that we might And finally: bill.’’ Many Democratic Senators were help thaw the partisan freeze that has [We should] Provide a tax incentive for all gridlocked this chamber for far too large businesses and all small businesses to quick to stand behind the majority long. Unfortunately, our efforts and invest in new plants and equipment. leader’s reversal, just seconds after hopes have been dashed by the major- While these challenges and standards supporting the bipartisan jobs bill. ity leader’s inexplicable decision to gut were set by the President, the leader of Some even stated that we Republicans our bill and replace it with a piece of the Democratic Party, I believe most were not interested in a bipartisan deal legislation that replaces cooperation Republicans would agree with him. The because we were more inclined to ‘‘play with contention. American people are suffering. Our un- rope-a-dope again.’’ They went on to Further exacerbating matters, the employment rate is near double digits. characterize the tax extenders as only Democratic leadership has filled the We owe it to the unemployed and un- ‘‘going to people who are making amendment tree, thus preventing any- deremployed to put aside partisan poli- money, and they generally keep it.’’ one from being able to offer amend- tics so that we can create jobs and They even went so far as to say that ments that would improve the under- make our economy stronger. what the Democratic Caucus is taking lying bill. So much for compromise. Soon after President Obama ad- to the floor is something that is more As a longtime public servant of this dressed the Nation, Senate Democratic focused on job creation than on tax great deliberative body, I can’t recall a and Republican leaders went to work breaks. decision that exhibited as much raw on a bipartisan solution to create a What most surprised me is just how political gamesmanship as this one jobs-growth bill. I worked with Senator quickly many Democratic Senators does. The Democratic leadership is sti- SCHUMER to come up with a payroll tax were to abandon these tax extenders, fling the first genuine attempt at co- holiday for companies that hired more even though most of them support ex- operation on a major issue—a move employees. Under this incentive, the tending these very expiring tax provi- that bodes ill for bipartisanship for the sooner a company hired an unemployed sions. In fact, the Democratic leader- remainder of this Congress. worker the more tax incentive the ship has erroneously labeled the tax ex- Given what is happening with this company would receive. I believe that tenders as solely a Republican-sup- jobs bill, how can we in the minority this initiative is a perfect example of ported initiative. This is hardly the have faith that we won’t be excluded the kind of bipartisanship the Presi- case, considering the Democratic-led from debate on future legislation such dent talked about during his State of House has already passed nearly all of as health care and energy legislation? the Union Address. these tax extenders and the President It is easy to label the Republicans as In addition, Senators BAUCUS and called for them to be passed in his the ‘‘Party of No’’ when you com- GRASSLEY joined in this effort by in- speech before Congress. pletely exclude them from the legisla- cluding several other provisions aimed There is an array of expiring tax pro- tive process. Unfortunately, the major- at job growth and to address the symp- visions contained in the tax extenders ity leaves us with little other option toms of a failing economy. This was a package. Here are a few that are in- than to say ‘‘no.’’ compromise that included an extension cluded: But what puzzles me the most is of unemployment insurance, Build Also, many Democrats, including the what the majority has to gain from America Bonds, and expired tax provi- majority leader, are cosponsors of leg- this partisan maneuver. In my experi- sions. islation that would extend many of the ence, the Senate operates best when Let me be clear. There is no doubt in expiring tax provisions. Look at the there is trust that agreements will be my mind and in the mind of many of bill to extend the research tax credit, honored, but regrettably now even that my colleagues that passing a jobs bill or the alternative fuels vehicle credit, is in question. is crucial. We have seen our unemploy- or even the new markets tax credit. Just a few weeks ago, I sat in the ment rate remain at about 10 percent These are by no means solely Repub- House Chamber while the President since September. The American people lican initiatives. gave his State of the Union Address in sent us here to do a job, and it is way In fact, there are many business tax which he raised the importance of bi- past time we did it. incentives included in the tax extend- partisan cooperation, especially in the This is why it was so disheartening ers package that are primarily sup- area of job creation. The fact that the on February 11, when the Senate ma- ported by some of the Senators who President hit a nerve with this plea is jority leader announced that he would have been the most vocal against in- evident by the effort to build such a bi- scrap the compromise proposal only cluding the expired provisions in the partisan bill in the Finance Committee hours after its unveiling and proceed jobs bill. These Democratic-supported in the weeks that followed. However, it instead with a stripped-down bill that business incentives include a mine res- is obvious that many on the other side would not extend any of the expiring cue team training credit and special cannot stand the thought of working tax proposals that are so vitally impor- expensing rules for certain film and with our side when there might be po- tant to job growth. This decision not television productions. litical points to be scored by trying to only pulled the rug out from Repub- Therefore, to label the support of ex- embarrass us. licans, but it floored those Democrats tending these expiring tax provisions Here are a few of the things the who had been working for weeks on a as part of a solely Republican agenda is President said about the need for bipar- bipartisan solution. misleading, unfair, and unwarranted. I tisanship in his State of the Union Ad- Regrettably, because of this decision, believe that these statements were dress: it looks as though President Obama’s made only to support the majority And what the American people hope—what hope for a bipartisan solution to job leader, who appeared to have made a they deserve—is for all of us, Democrats and hasty and ill-considered decision. Republicans, to work through our dif- creation only lasted 2 weeks. What a ferences. shame! Some have questioned how extending [Americans] are tired of the partisanship To illustrate the abruptness of and these expired tax provisions relate to and the shouting and the pettiness. surprise caused by the majority lead- job creation. It is a fair question, but

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

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Under the previous order, there Hutchison Levin and entrepreneurs who helped build our Lautenberg McCain will now be a period for the transaction modern economy; from the ‘‘King’’ who of morning business, with Senators The ACTING PRESIDENT pro tem- dared to dream of an America he would permitted to speak therein for up to 10 never live to see to the President who pore. On this vote the yeas are 62, the minutes each. nays are 34. Three-fifths of the Sen- reached the mountaintop; from the The Senator from Illinois is recog- man who was born into the bonds of ators duly chosen and sworn having nized. voted in the affirmative, the motion is slavery to his great grandson who f agreed to. stands today before his peers in the Under the previous order, amend- BLACK HISTORY MONTH Senate. Each of these stories, however ordi- ment No. 3311 is withdrawn. Mr. BURRIS. Mr. President, this The question is on agreeing to the nary or remarkable, illustrates how Monday, I was honored to stand before Black history is woven deeply into the motion to concur with an amendment this Chamber and read George Wash- to the House amendment to the Senate broad canvas of American history and ington’s Farewell Address. This annual why the two are inseparable from one amendment to H.R. 2847. tradition invites Members of the Sen- Mr. DURBIN. Mr. President, I ask for another. ate, as well as the American people, to For me, this reality was brought to the yeas and nays. pause and reflect on the wisdom of our The ACTING PRESIDENT pro tem- life the moment I stood at the front of first President. pore. Is there a sufficient second? this Chamber and began to read the In this historic text, the father of our There is a sufficient second. words that our first President wrote to country lays out a unique view of the The clerk will call the roll. his countrymen more than two cen- Nation he helped to create. It is a tes- Mr. DURBIN. I announce that the turies ago. Yet it was the visionary tament to the American spirit and a Senator from New Jersey (Mr. LAUTEN- leadership and high ideals of men such tribute to the American people that BERG) is necessarily absent. as Washington and Jefferson which this country has come such a long way Mr. KYL. The following Senator is transcended the prejudice of their since the days of our ancestors. necessarily absent: the Senator from times and made it possible for later Washington’s vision was especially Texas (Mrs. HUTCHISON). generations to tear those inequalities poignant to me, having traced my per- The ACTING PRESIDENT pro tem- to the ground. sonal ancestry back to the days of slav- pore. Are there any other Senators in All Americans have benefited from ery. the Chamber desiring to vote? this profound legacy. We all have an in- As I looked out over this Chamber on The result was announced—yeas 70, terest in preserving the history we Monday, I thought about the reasons nays 28, as follows: share. we celebrate each February as Black [Rollcall Vote No. 25 Leg.] In the closing days of this Black His- History Month. This year, as Black YEAS—70 tory Month, I urge my colleagues to re- History Month draws to a close, I can- Akaka Feingold Murkowski flect not only on the ways African not help but reflect that Washington’s Alexander Feinstein Murray Americans have contributed to Amer- Baucus Franken Nelson (FL) address reminds us that Black history ican history but also on the ways we Bayh Gillibrand Pryor and American history are inseparable Begich Hagan can move forward together as one Na- Reed from one another; that the American Bennet Harkin Reid tion, just as Washington calls us to do Bingaman Hatch story cannot be distilled into the Black Rockefeller in his Farewell Address. Bond Inhofe Sanders experience and the White experience Boxer Inouye Mr. President, I yield the floor, and I Schumer Brown (MA) Johnson but that both are essential components Shaheen suggest the absence of a quorum. Brown (OH) Kaufman of the American experience. Snowe The ACTING PRESIDENT pro tem- Burr Kerry The story of this country is a story of Specter Burris Klobuchar expanding equality and opportunity, of pore. The clerk will call the roll. Byrd Stabenow Kohl people and institutions grappling with The legislative clerk proceeded to Cantwell Landrieu Tester call the roll. Cardin Leahy Udall (CO) social change and striving to live up to Carper LeMieux Udall (NM) the promise of a single line in the Dec- Mr. REID. Mr. President, I ask unan- Casey Levin Voinovich laration of Independence which laid out imous consent that the order for the Cochran Lieberman Warner the creed that came to define this Na- quorum call be rescinded. Collins Lincoln Webb The PRESIDING OFFICER (Mr. Conrad McCaskill Whitehouse tion: BURRIS). Without objection, it is so or- Dodd Menendez Wicker We hold these truths to be self-evident, Dorgan Merkley Wyden dered. Durbin Mikulski that all men are created equal. . . . f NAYS—28 With these simple words, a slave owner named Thomas Jefferson laid UNITED STATES CAPITOL POLICE Barrasso Ensign McConnell Bennett Enzi Nelson (NE) the cornerstone of the free America we ADMINISTRATIVE TECHNICAL Brownback Graham Risch know today, even if the noble senti- CORRECTIONS ACT OF 2009 Bunning Grassley Roberts ment was not realized for all Ameri- Mr. REID. Mr. President, I ask the Chambliss Gregg Sessions Coburn Isakson cans until more than a century later. Chair to lay before the Senate a mes- Shelby Although we have seen such injustice— Corker Johanns Thune sage from the House with respect to Cornyn Kyl Vitter though our journey toward freedom H.R. 1299, the U.S. Capitol Police ad- Crapo Lugar and equality is far from over—we can DeMint McCain ministrative authorities. draw great strength from the promise The PRESIDING OFFICER. The NOT VOTING—2 that was woven into the fabric of our Chair lays before the Senate a message Hutchison Lautenberg Nation on the day we declared our from the House. The motion was agreed to. independence. The legislative clerk read as follows: Black History Month is a time to re- Mr. KAUFMAN. I move to reconsider Resolved, that the House agree to the the vote, and I move to lay that mo- member those who have taken part in amendment of the Senate to the bill (H.R. tion on the table. every step of that ongoing journey and 1299) entitled ‘‘An Act to make technical cor- The motion to lay on the table was to celebrate the legacy they have left rections to the laws affecting certain admin- agreed to. behind for each of us. istrative authorities of the United States

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S726 CONGRESSIONAL RECORD — SENATE February 24, 2010 Capitol Police, and for other purposes,’’ with The Senator from Nevada [Mr. REID] moves Mr. REED. Madam President, we a House amendment to the Senate amend- to refer the House message to the Senate have today taken a very strong, posi- ment. Committee on Rules with instructions to re- tive step forward in terms of respond- CLOTURE MOTION port back forthwith, with an amendment ing to the No. 1 crisis in our economy, numbered 3328. Mr. REID. I move to concur in the and that is jobs for all of our people. House amendment to the Senate The amendment is as follows: Under Leader REID’s leadership, we amendment, and I have a cloture mo- At the end, insert the following: were able to get a bill through, with a tion at the desk on the motion to con- The Senate Rules Committee is requested huge majority, and it signals, I hope, to study the benefit of enacting a travel pro- cur. not only attention to jobs but also the The PRESIDING OFFICER (Mrs. motion measure, and the impact on job cre- ation by its enactment. willingness and the ability to find com- HAGAN). The cloture motion having mon ground to serve the people of our been presented under rule XXII, the Mr. REID. I ask for the yeas and nays. country. Chair directs the clerk to read the mo- We are now on the travel promotion The PRESIDING OFFICER. Is there a tion. bill, which is another piece of legisla- The legislative clerk read as follows: sufficient second? There appears to be a sufficient sec- tion designed to encourage job creation CLOTURE MOTION ond. in the travel industry. All of this is We, the undersigned Senators, in accord- The yeas and nays were ordered. good news. The legislation we propose ance with the provisions of rule XXII of the this morning combines elements of tax AMENDMENT NO. 3329 Standing Rules of the Senate, hereby move breaks for small businesses so they can to bring to a close debate on the motion to Mr. REID. Madam President, I have expense their items, increase their concur in the House amendment to the Sen- an amendment to my instructions, cashflow, and hire more people with ate amendment to H.R. 1299, the United which is at the desk. credits for hiring people. There is a States Capitol Police Administrative Tech- The PRESIDING OFFICER. The huge investment in our infrastructure, nical Corrections Act. clerk will report the amendment. which will put people to work in the Harry Reid, Byron L. Dorgan, Russell D. The legislative clerk read as follows: Feingold, Patrick J. Leahy, Daniel K. building industry and in industries Inouye, Kay R. Hagan, Jeff Bingaman, The Senator from Nevada [Mr. REID] pro- that supply all these infrastructure Robert Menendez, Richard J. Durbin, poses an amendment numbered 3329 to the instructions of the motion to refer. projects, and there is also a significant Jack Reed, Mark Begich, Patty Mur- commitment to Build America Bonds. ray, Bernard Sanders, Robert P. Casey, The amendment is as follows: These are good programs, and they are Jr., Barbara Boxer, Jon Tester, John D. At the end, insert the following: Rockefeller IV. fully paid for. ‘‘and include reasonable statistics of job We are now taking up the challenge creation.’’ Mr. REID. Madam President, I to put people to work, to do it in a re- thought it was important that the Mr. REID. I ask for the yeas and nays sponsible way, and to do so in a way clerk read those names. Sometimes on that amendment. that we can attract bipartisan support. they are hard to read. The PRESIDING OFFICER. Is there a But there is much more to do. There is AMENDMENT NO. 3326 sufficient second? the recognition that we have to not I move to concur in the House There appears to be a sufficient sec- only create jobs but for the foreseeable amendment with an amendment, which ond. future deal with those people who have is at the desk. The yeas and nays were ordered. been looking unsuccessfully for jobs The PRESIDING OFFICER. The AMENDMENT NO. 3330 TO AMENDMENT NO. 3329 and who are unemployed. In my home clerk will report the amendment. Mr. REID. Madam President, I have a State of Rhode Island, the unemploy- The legislative clerk read as follows: second-degree amendment at the desk. ment rate is 12.9 percent. That is the The Senator from Nevada [Mr. REID] moves The PRESIDING OFFICER. The official rate. Unofficially, it is much to concur in the House amendment to the clerk will report the amendment. higher, as many people have dropped Senate amendment with an amendment The legislative clerk read as follows: out of the workforce. If you look at numbered 3326. The Senator from Nevada [Mr. REID] pro- sectors in terms of ethnicity or age, The amendment is as follows: poses an amendment numbered 3330 to the numbers are even more startling. At the end of the amendment, insert the amendment No. 3329. The bill we passed this morning is a following: The amendment is as follows: good first step forward, but we have to The provisions of this Act shall become ef- At the end, insert the following: fective 5 days after enactment. do much more. ‘‘including specific data on the types of I think one of the first jobs we have Mr. REID. I now ask for the yeas and jobs created.’’ to address is the extension of unem- nays on that amendment. Mr. REID. Madam President, I ask ployment benefits. They will expire The PRESIDING OFFICER. Is there a unanimous consent that the manda- this Sunday. We have to recognize sufficient second? tory quorum be waived with respect to that, despite many efforts here, there There appears to be a sufficient sec- the cloture motion. are millions of Americans who are ond. The PRESIDING OFFICER. Without looking every day and not finding The yeas and nays were ordered. objection, it is so ordered. work. They need support. AMENDMENT NO. 3327 TO AMENDMENT NO. 3326 Mr. REID. Madam President, I say All of the economists who have Mr. REID. Madam President, I have a for the benefit of Members, under the looked at these programs indicated second-degree amendment now at the rules, this cloture motion will ripen that not only do they support individ- desk. Friday morning. I do not think there is uals and families, they provide a tre- The PRESIDING OFFICER. The going to be a lot of talk during the mendous multiplier of economic activ- clerk will report the amendment. next 2 days on this matter, and I would ity for every dollar we commit to the The legislative clerk read as follows: certainly be happy to move up this program. There is, as they say, a big The Senator from Nevada [Mr. REID] pro- time and have the vote earlier. But we bang for the buck. People who are poses an amendment numbered 3327 to will wait until we hear from the Repub- without a job will take their benefits amendment No. 3326. licans. and invariably they will have to sup- The amendment is as follows: I suggest the absence of a quorum. port themselves in terms of going to In the amendment, strike ‘‘5’’ and insert The PRESIDING OFFICER. The the grocery store—doing the things ‘‘4’’. clerk will call the roll. you have to do just to get by day by MOTION TO REFER WITH AMENDMENT NO. 3328 The assistant legislative clerk pro- day. They are not typically saving this Mr. REID. Madam President, I move ceeded to call the roll. money. That helps in the sense of in- to refer with instructions, which is also Mr. REED. Madam President, I ask creasing demand in the economy over- at the desk. unanimous consent that the order for all, increasing our economic growth. The PRESIDING OFFICER. The the quorum call be rescinded. If Congress fails to act swiftly, 1,200 clerk will report the motion. The PRESIDING OFFICER. Without Rhode Islanders will start losing their The legislative clerk read as follows: objection, it is so ordered. benefits each week. It is a small State

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S727 and that is a big number. We have rates as low as 4.7 percent for unem- they couldn’t find work at all. This is never before in our history, at least ployment. Yet they will qualify for a very big problem, and it affects our postwar history, ever terminated ex- these general, generic programs. country in many ways. It affects the tended unemployment and emergency As we go forward and start thinking economy in a devastating way. It is unemployment benefits until unem- about additional steps, I think we also very hard on American families when ployment was at least 7.4 percent. At have to think about how we can target they are not able to find work to be that point it appears, in most cases, those programs to areas that have crit- able to take care of themselves. It re- that there is a self-sustaining economic ical unemployment situations. Rhode sults in more Federal spending for un- growth that will itself begin to con- Island, at 12.9 percent, is one, but there employment insurance and the other tinue to lower the unemployment rate. are many others. If you look within things. So we are trying to find ways to We are far from 7.4 percent. As I said, States, there are regions that have sig- put people back to work. in my State it is 12.9. The national av- nificant unemployment problems. Earlier this week we passed, with the erage is hovering around 10. Again, we have taken steps to extend leadership of Senator REID and many We have to do this. Congress has our benefits, but as we go forward, as others—work that I and Senator DUR- acted eight times—1958, 1961, 1971, 1974, we consider additional legislation, let’s BIN, Senator SCHUMER, and many oth- 1982, 1991, 2002, 2008—to establish tem- also think seriously about how to ers have done—a jobs bill that will porary federal unemployment benefit make it more effective, more efficient, begin putting people back to work programs beyond regular unemploy- more targeted. when it is signed by the President. The ment compensation and extended bene- I again urge all my colleagues to con- legislation that Senator REID brought fits. Not to extend these benefits would tinue the effort and spirit which re- to the floor today includes the Travel essentially reject the consistent record sulted today in an overwhelming vote Promotion Act, which will also put of this Congress of helping Americans for a program that will help Americans people back to work. I wish to talk when the unemployment rate has and move our country and our econ- through this and explain why this is reached such extraordinary proportions omy forward. important. as it is today, whether the majority is Madam President, I yield the floor Let me begin by saying that on 9/11/ Republican or Democrat. Last Novem- and suggest the absence of a quorum. 2001, we were the victims of a dev- ber, we did approve, without opposi- The PRESIDING OFFICER. The astating terrorist attack on our coun- tion, an expansion of up to 20 weeks, clerk will call the roll. try. Thousands of Americans were but now we need to pass a further ex- The assistant legislative clerk pro- killed that day. As a result, since that tension. ceeded to call the roll. period of time we have been engaged in As I said before, this is not just about The ACTING PRESIDENT pro tem- an effort to prevent terrorism, to track helping families and individuals, it is pore. The Senator from North Dakota. down the terrorists and destroy the also about helping the economy. For Mr. DORGAN. Mr. President, I ask terrorist networks that would visit every $1 we invest in our unemploy- unanimous consent that the order for that kind of tragedy upon our country. ment benefits, we see $1.90 in economic the quorum call be rescinded. But also during that period and fol- activity overall throughout the econ- The ACTING PRESIDENT pro tem- lowing, it became clear to the rest of omy. pore. Without objection, it is so or- the world that our country was clamp- One of the reasons I heard to oppose dered. ing down on visitation to our country. this morning’s legislation: There is not Mr. DORGAN. Mr. President, the leg- Many people believed: The United enough demand to justify these tax in- islation on the floor of the Senate at States doesn’t want us to visit them centives; they will not be used. this point includes legislation that I anymore. It is harder to get a visa to One of the things that does generate have worked on with my colleagues for come to the United States. We are not demand, consumer demand particu- about 3 years. It is a bipartisan piece of welcome in the United States. So what larly, is the unemployment compensa- legislation called the Travel Pro- happened was, there was a dramatic re- tion program. It is not the way we motion Act. I wish to talk just a bit duction in visitation to our country by want to do it. What we would like to about it today, but before I do, let me overseas travelers. see is a productive economy with jobs describe the reasons for its importance. Why is that important? When you where the demand comes not only from When we began to put this together— have millions of people who are trav- people working but their being com- as I said, 3 years ago last month, work- eling around the world to go experience pensated and also being able, with dis- ing with a good number of sectors in and see the sights and take vacations cretionary income, to make consump- our economy to try to evaluate how do and so on, they are spending a fair tion choices that today they cannot. we promote international tourism to amount of money on those trips. They As I said before, we have to think the United States—we were not in a are creating jobs in many areas, not about an agenda for jobs. We passed very deep recession. We were in a pe- just hotels and cars and restaurants one piece of legislation today. We are riod of economic growth. In the inter- and so on but in many other areas as discussing the travel legislation at this vening period, our country has fallen well. Our country, for the last 6 to 8 moment. We have to then move to the into a very significant and deep reces- years, has had the experience in which legislation with respect to unemploy- sion. It makes the urgency all that the rest of the world has said: We are ment compensation. We also have to much greater to create new jobs and to going to visit Italy, France, Japan, and think about supporting the States with do so as soon as possible. India. But fewer of us are going to visit additional FMAP, that is, the funds for Somewhere around 15 million to 17 the United States of America. Medicaid, because, again, not only will million people, according to official es- In fact, we have seen a circumstance that help our States, but without it timates, woke up this morning in this where after 9/11, we had fewer and you are going to see a contraction in country of ours without a job. They fewer visitors coming to our country; our health care industry in terms of want a job. They want work. They have that is, fewer than came before, and hospitals being able to hire or willing looked for work, but they can’t find a last year, in 2009, we had 2.4 million to hire. So we have many steps to go job in the United States of America. fewer people visit our country than vis- forward. Now, that number of 15 million to 17 ited our country in the year 2000. Let One aspect of this issue, which I million is ominous enough. Just think me say that again because I think it is would like to mention is that many of of one person this morning who woke important. We had 2.4 million fewer these programs we have talked about— up not able to work because they can’t people come to the United States of for example, the tax credits for hir- find a job, and then think of 15 million America to visit as overseas travelers ing—are nationwide and they miss the or 17 million, and then fast-forward and than visited in the year 2000. point that there are some areas that think of perhaps 25 million to 26 mil- The Presiding Officer is from the are much more affected by unemploy- lion, which is what is estimated to be State of New Mexico. It is a wonderful ment than other areas. We have the total population of people who are State, and I know it is a State that at- States—and their good fortune is some- unemployed in America, many of whom tracts a lot of visitation not only from thing we should be proud of—that have have stopped looking for work because people in our country but from people

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S728 CONGRESSIONAL RECORD — SENATE February 24, 2010 who come from outside of America to try. See our country and the wonders Let me pay special attention to the see the wonders of New Mexico. But it of what we have to offer the world. work Senator REID has done, and Sen- doesn’t matter whether it is the won- In the United States of America, we ator ENSIGN who is a cosponsor and ders of New Mexico or Old Faithful in have not done that. That is why, in my worked on this in the Commerce Com- Yellowstone or Niagara Falls or you judgment, at least in part, we had 2.4 mittee with me, Senator INOUYE, Sen- name it—the cities or the wonders of million fewer visitors last year than we ator VITTER, and Senator KLOBUCHAR. our country, the great national parks— had in 2000. That is pretty unbeliev- Let me say that Senator KLOBUCHAR, in 2.4 million fewer people showed up last able. the Commerce Committee working on year to visit our country. This proposition is simple. There is a tourism following my chairmanship of Let me explain why that has hap- problem. The number of people be- the tourism subcommittee, has taken pened. Here are some headlines. The tween the years 2000 and 2009 visiting on this issue with gusto and is a very Sydney Morning Herald, Sydney, Aus- other countries—overseas travel—has important part of getting this done. tralia, headline: ‘‘Coming to America increased by 31 percent. During the My hope is that when we finish this, Isn’t Easy.’’ It describes the difficulty same period the number of overseas when the President signs this bill, all of getting visas and coming to Amer- travelers coming to the United States of us will understand that at a time ica. has decreased nearly 10 percent. So when there is so much partisanship, The Guardian in England says: overseas travel is up, but travel to and when it appears to the American ‘‘America: More Hassle Than it’s America is down. people that so little can be agreed upon Worth?’’ Again, difficulty coming to There is another important point and that so little gets done—there is America. here. There has been a lot of polling all that notion out there—the fact is, The Sunday Times in London: ‘‘Trav- done, and it is clear that to visit Amer- this is bipartisan, good for the country, el to America? No Thanks,’’ says the ica is to have great respect for and love will reduce the budget deficit, and it headline. for this country. There is almost no will increase jobs and put people back The newspaper says: one who comes to this country and to work. It is already a nightmare, but now they tours and travels and visits our coun- If ever something had all of the want to make entry into the U.S. tougher, so try who doesn’t leave America with a things that are necessary to have merit let’s not go. special understanding of the wonders of and to be worthy, this legislation sure- Well, let me describe what is hap- this great place. At a time when we ly does that. pening in other countries at the same want people to understand more about My colleague from Minnesota, Sen- time we are taking leave on this issue. our country, we ought to be inviting ator KLOBUCHAR, as I indicated, has Other countries are very busy adver- them here and saying: Come to Amer- done yeoman’s work with me and oth- tising to the world to say: Are you ica, see what we have to offer. ers to put this together. We hope, of traveling? Are you taking a vacation? We ought to be engaged in this proc- course, those who would come to our Are you seeing the world? Come to our ess, but we are not. This legislation we country would especially visit North country. Come to see what is hap- are bringing to the floor of the Senate Dakota and Minnesota and stay for a pening. is legislation that will actually in- very long period of time—yes, we all The poster says: Looking for an expe- crease jobs, we think, by close to 40,000 have parochial interests—and perhaps rience to remember? Be part of an ad- jobs, according to the estimates. So North Dakota even more than Min- venture you will never forget. Come you will increase 40,000 jobs and, in ad- nesota, I might say from my own per- and see Australia. See the wonders. It dition to that, the CBO says this will spective. I do think it is seldom that is true what they say: To find yourself reduce the Federal budget deficit by we can come to the floor and say here sometimes you need to lose yourself. In nearly $1⁄2 billion. How many pieces of is a piece of legislation that Repub- Australia they call this ‘‘going legislation come to the floor of the licans and Democrats support. walkabout.’’ So a big campaign: If you Senate that will both create jobs and We had one vote on it already. It had are traveling, come to Australia. Come reduce the budget deficit and also give 79 votes in support in the Senate. Sel- and see what we have to offer. us the opportunity to tell the rest of dom can we say here is a bill that is bi- A campaign for the Emerald Isle: Go the world what a wonderful and great partisan that does a lot of good things where Ireland takes you. If you are place this country is? for our country. taking a trip, be sure and visit Ireland. That is the reason for this legisla- Thanks to the majority leader for Come to Ireland, it says. It is an inter- tion. As we build, one step at a time, putting this back on the floor. I con- national campaign. opportunities to create additional jobs, gratulate him for his work on it and Japan says: Sweet secrets from this is part of it. The Congressional my colleague Senator KLOBUCHAR as Japan. With its many unique culinary Budget Office has said that enacting S. well. arts, they entice travelers; a stunning 1023 would reduce the budget deficit. I I yield the floor. array of specialties, and on and on. think it will do that and help our coun- The ACTING PRESIDENT pro tem- Come to Japan. Thinking of traveling? try. pore. The Senator from Minnesota is Show up in Japan. The specifics of this legislation will recognized. Are you taking a trip with your fam- encourage international travel to all Ms. KLOBUCHAR. Mr. President, I ily? How about coming to the Eiffel parts of this country. I think it will ask unanimous consent to speak for up Tower. Come to France in 2009. Vive la provide economic growth to all parts of to 10 minutes. France. So France and Japan and India our country. This creates a corporation The ACTING PRESIDENT pro tem- and Ireland say: Come and see us. for travel promotion. That is what we pore. Without objection, it is so or- Belgium’s national campaign says: If create—an independent, nonprofit cor- dered. you are traveling with your family, poration to be governed by an 11-mem- Ms. KLOBUCHAR. Mr. President, I come to Belgium where fun is always ber board of directors appointed by the thank Senator DORGAN for his great in fashion. Secretary of Commerce, and it creates leadership. For so long, he has been Brussels, sophisticated simplicity, the cap- the Office of Travel Promotion in the working on this. I have a feeling this is ital of cool. Department of Commerce—one that finally going to get done. It is true and I think you get the point. This one used to exist but no longer does, and it we invite the Presiding Officer to visit says: hasn’t for a long while. North Dakota and Minnesota. I think One special reason to visit India in 2009. The purpose of this is to engage in he thinks the State of New Mexico is Any time is a good time to visit the land of the kind of campaign that exists in pretty cool, but he has never been to Taj, but there is no time like now. most other countries in the world and Teddy Roosevelt Park in North Da- So we have millions of people trav- to say to those traveling around the kota. eling around the world. On average, world: Come here. You are welcome So often marketing campaigns for overseas travelers spend over $4,000. All here. We want you here. Come and un- our country are done by specific cities of these countries are saying to those derstand and experience this country such as Las Vegas and New York, overseas travelers: Come to our coun- called the United States of America. which is important. But when you look

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S729 at this country, marketing our country in 2008 than in 2000. More people are that controls the airplanes in the as a whole is going to mean something. traveling. We have seen the marketing American skies. We are competing against countries power across this world. There were Most people are walking around with the world over that do this all the 633,000 fewer who have visited the cell phones that have a much more so- time. That is why we have seen a 20- United States than in 2000. So world phisticated way of tracking anything— percent decrease in international visi- travel is going up. You can see the big a GPS. Most kids have the opportunity tors. increase globally. But the number of to be able to track—if their friends When I held a hearing on this issue, people coming to the United States has want them to—the location of their along with former Senator Martinez, gone down. That means less jobs in this friends at any moment. They can track this past year, there was a story in the country. up to 20 friends. Washington Post, in good humor, about Mr. President, I believe we need to be Teenage kids can track their friends, all the Senators hawking their own on an equal playing field with the rest but we cannot track an airplane in the States and the deals you could get— of the world. If we want to compete in sky with a GPS. More commercial air- whether it was Senator BEGICH’s $99 our goods that we want to produce and liners are not equipped. We don’t have cruise in Alaska or the stuff I talked send overseas, we also have to compete the NextGen system that would mod- about with Duluth, MN. We were doing in the tourism market. In Duluth, MN, ernize our air traffic control system that because people need to know it was hard times in the 1980s. It was so and allow them to fly more direct about the opportunities in America. bad that they put up a billboard that routes from place to place, with less Doing it at a Commerce Committee said: spacing, using less fuel, better for the hearing is not going to be anything Will the last person to leave turn off the environment. All of those things will compared to what France, Indonesia, lights. be capable when we modernize the air and other countries are doing. They are They rebuilt because they were traffic control system and go from a bringing in visitors. They spend thou- smart; the businesses were smart about ground-based system to a GPS system sands and thousands of dollars. tourism. They have beautiful Lake Su- for aviation flights. We are doing this jobs bill this week, That is so very important. It is very perior right there. When we did a tour- and an important part of that is the job creating. travel industry because it employs one ism hearing—a field hearing there— I appreciate the majority leader say- out of eight Americans. they were talking about, obviously, ing that needs to be a priority to bring What will this bill do? One, as Sen- how in many areas of the country, with to the floor, get to a conference with ator DORGAN mentioned, it will give us the recession, business in convention the House, and get a bill passed and the ability to market our country. Sec- centers had gone down nationally, and signed by the President. ond, it will give us the funds we need to someone whispered, ‘‘Ours has gone There are also safety issues we have better process the visas because it is up.’’ People are looking for different to deal with in the FAA Reauthoriza- expected to bring in—and this is the es- things, and maybe we will have our tion Act. Tomorrow I will be chairing a timate of the nonpartisan organiza- convention in Duluth, which is a little hearing in the Commerce Sub- tion—1.6 million new international less expensive. They can look at Lake committee on Aviation on the Colgan visitors each year. They spend $4,500 on Superior instead of looking at the Pa- crash in Buffalo, NY, the tragedy that average when they come here. You can cific Ocean. occurred on that winter icy evening, in do the math—1.6 million new visitors We are proud of this country, and we which the Dash 8 crashed and took the times $4,500 every single year. There is want other people to visit. We want lives of so many wonderful people and some expectation that the bill could them to spend their money in America took the life of the pilot and copilot as generate $4 billion in new spending and and help create 41,000 new jobs. That is well. $321 million in Federal tax revenue. In what this bill is about. I am very hope- There are so many questions about addition, the bill is estimated to create ful that we are going to finally get this that flight and the circumstances that 41,000 new jobs. bill passed and support the tourism led to the crash. The National Trans- What is the cost to the taxpayer? I part of our economy, which employs portation Safety Board will be testi- have been pushing on deficit reduction, one in eight Americans. Let’s keep it fying tomorrow at my subcommittee. I but what is the cost to the taxpayer? strong and going. will not go into all of the issues, but Zero. I think that is a great thing I see that Senator DORGAN is back. I the issue of pilot fatigue, the issue of about this bill. We are doing something thank him so much for his tremendous training—so many different issues—the to create jobs. We are doing it at zero leadership. I am proud that I got the icing issue that occurred that evening. cost. As you know, there is a small fee opportunity to take over the sub- It will be a very important hearing to- on foreign visitors to our country, like committee that deals with tourism. A morrow. other countries do to our people when lot of the work had been done on this The reason I raise it is the safety they visit—with Canada exempted. bill. issue is so important. Yes, we have a What I found out is that the people I yield the floor. system in which we fly people all over who care about this bill are not just in The ACTING PRESIDENT pro tem- this country and the world. We have the Halls of Congress and in our major pore. The Senator from North Dakota not had fatal accidents, by and large, cities. When I was in Grand Marais, is recognized. in commercial aviation. It has been International Falls, Bemidji, and the Mr. DORGAN. Mr. President, I men- enormously safe. The most recent acci- Brainerd Lakes area—home of the stat- tioned that there are incremental ways dents have been accidents that have ue of Paul Bunion and Babe the Blue to create jobs, which is important. Sen- been very substantially investigated. Ox—they were excited about this be- ator REID has taken the lead to bring The Colgan crash in Buffalo, NY, has cause they have seen a decrease in visi- bills to the floor to do that with, ear- been investigated now at great length, tors from Canada. They want to be able lier this week, the jobs bill that was and we will have the results of that and to market our country. passed and, in addition, the Travel Pro- a discussion of that at our sub- We have gotten so far behind. A lot of motion Act. committee hearing tomorrow. That people living in, say, France are decid- I want to mention as well that the will also give us a roadmap of what we ing where to go on their summer vaca- majority leader indicated he intends to might need to address in the FAA reau- tion. They are thinking: Am I going to bring the FAA Preauthorization Act to thorization bill on the safety issues. go to America, where maybe it will the floor of the Senate, probably dur- Mr. President, I yield the floor and take months to process my visa, or am ing this work period. It is also going to suggest the absence of a quorum. I going to spend my vacation in Eng- be job creating. I chaired the Aviation The ACTING PRESIDENT pro tem- land, just across the channel or maybe Subcommittee in the Senate. It is very pore. The clerk will call the roll. I will go to Mexico. That is what is important that we reauthorize the The assistant legislative clerk pro- happening. That is where we have lost FAA and pass the legislation called ceeded to call the roll. 20 percent of the overseas travel. NextGen, to do the next generation of Mr. WHITEHOUSE. Mr. President, I Look at this chart. There were 48 air traffic control systems. We have an ask unanimous consent that the order million more global overseas travelers archaic system of ground-based radar for the quorum call be rescinded.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S730 CONGRESSIONAL RECORD — SENATE February 24, 2010 The PRESIDING OFFICER (Mr. today is a watershed. Outside in Wash- In a matter of 6 days of traveling on MERKLEY). Without objection, it is so ington, the heavy snows of February the continent of Africa, Senator BROWN ordered. are melting away. Perhaps—just per- and I did not have much time to our- Mr. WHITEHOUSE. Mr. President, I haps—the blockade that has stifled the selves, but we were not planning any. wish to speak just briefly about today’s Senate is melting away a little also. We spent a lot of time meeting with vote. Today, this body, in a rare but We must now act to extend unem- people, meeting with government offi- very welcome moment of at least par- ployment insurance and COBRA sub- cials, meeting with individuals who are tial bipartisanship, voted to pass Lead- sidies to make sure unemployed work- part of the current political environ- er REID’s jobs bill. While that bill does ers, such as Brian, and their families ment of Africa, but also many of their not include every provision I would continue to be able to pay their bills lives are touched by programs in which like to see, it is certainly an important and to maintain their family health in- the United States is involved. step, and I commend my colleagues surance coverage. I hope we will soon I could not help but notice as I trav- from both parties for supporting these thereafter turn to new investments in eled the extraordinarily dedicated provisions to put people back to work. our failing transportation, water, and Americans who are in our Foreign As a Senator from Rhode Island, school infrastructure. Service. Many of them are posted in which currently faces one of the high- We had a hearing in the Budget Com- places around the world that are not est unemployment rates in the Nation, mittee this morning with Transpor- glamorous by any means. Their jobs at near 13 percent—I know the help tation Secretary LaHood, and he are hard and sometimes dangerous, and contained in this bill, which builds on agreed very strongly that where you they go to work every day without the programs we passed last year in the have decrepit infrastructure—and ev- complaint. We need to tip our hats to Recovery Act, cannot come soon eryone knows the United States of them as Americans. Let me add in enough. I hope the vote is a watershed. America has an enormous deficit of de- there Peace Corps volunteers, many Over the past few months, I have crepit infrastructure—we are going to who work for the nongovernment orga- heard from hundreds of Rhode Island- need to repair that sooner or later. nizations, the NGOs. Many Americans ers who are struggling just to find If we need to repair it sooner or later, serve our best interests around the why not do it now, while we need the work. I have heard from Carole in world every day without fanfare or jobs? If we need to repair it sooner or North Providence, RI, who had worked praise. all her life but was laid off 2 years ago later, repairing it now does not add We went to Tanzania. In Mwanza in from her position as a construction anything to our Nation’s long-term li- Tanzania, we encountered a group of project manager. Carole has a bach- abilities. Indeed, under the old Yankee young Baylor University doctors who elor’s degree in business administra- principle that a stitch in time saves are doing part of their residency at a nine, under the commonsense principle tion and an associate’s degree in archi- regional hospital, one that serves a that when you get to maintenance and tecture and she has plenty of experi- population of several million people. repair earlier rather than later, it costs ence as a construction project man- Can you imagine one hospital serving less to do the maintenance and repair, ager. But for 2 years, she has been un- that many people? That is what the there is actually a very strong case to able to find any work—talented, hard people are up against in Africa. working, and unemployed. be made that there are net savings We met a representative from Abbot from moving the repair of our decrepit I also heard from Nathaniel in Cov- Labs from my home State of Illinois infrastructure forward. So it is really a entry, RI, who recently graduated from who was there helping to build a mod- win-win, as Secretary LaHood ac- law school. That is a wonderful ern laboratory and train local staff for achievement and is ordinarily a bench- knowledged. I look forward to continuing to work the hospital. mark that kids pass through on the In a small rural village several hours with my colleagues as we go forward way to success—certainly to employ- down a dusty, bumpy road from the past today’s watershed votes and into ment. But Nathaniel is carrying nearest city, we witnessed a program the following votes to help restore our $100,000 in student loans and cannot by the nongovernmental organization economy and meet the needs of Carole find a job. and Nathaniel and Brian and millions CARE that helped build a rudimentary I heard from Brian in Saunderstown, of Americans who are unemployed and but critically important health clinic. an unemployed construction worker It is hard to describe this to an need help now. who has been unable to find a job for I suggest the absence of a quorum. American, what an African would call more than a year. He has been receiv- The PRESIDING OFFICER. The a health clinic. It is, in fact, a building ing unemployment benefits, but he is clerk will call the roll. without windows but with openings for justifiably concerned that those, too, The assistant bill clerk proceeded to air to flow through. It is a building might soon run out. He loves to work. call the roll. that is so basic it does not have run- He doesn’t want to be on unemploy- Mr. DURBIN. Mr. President, I ask ning water or electricity. But it is, in ment. But right now, in this economy, unanimous consent that the order for fact, a building where 168 babies were there is no other option for Brian and the quorum call be rescinded. born last year. for his family. The PRESIDING OFFICER (Mr. When you see this and meet the peo- Leader REID’s jobs bill—the HIRE BEGICH.) Without objection, it is so or- ple who are delivering the babies, you Act—will help put Rhode Islanders dered. realize that in many parts of Africa back to work. The bill provides a pay- Mr. DURBIN. Mr. President, I ask health care is very basic. The man who roll tax holiday for businesses to en- unanimous consent to speak as in runs this clinic has about a year or two courage hiring, increased cashflow for morning business. of education beyond high school. The small businesses that can be used for The PRESIDING OFFICER. Without woman who serves him is one who is investments and payroll expansion, and objection, it is so ordered. gifted with not only personal skills but an expansion of the Build America AFRICA a lot of human experience in delivering Bonds program to subsidize and en- Mr. DURBIN. Last week I joined my babies. courage local infrastructure projects. colleague Senator SHERROD BROWN of What happens if there is a complica- In addition, the HIRE Act extends Fed- Ohio on a trip to East Africa. It was an tion in the middle of this village in the eral highway funding through the end important trip that took us to Tan- middle of nowhere with no means of of the year, which will make a $225 mil- zania, the Democratic Republic of communication? Well, they try to get lion difference for Rhode Island alone Congo, Ethiopia, and Sudan. We went the message to the man who runs the in 2010. in to observe American development ambulance. The ambulance in Mwanza This legislation will be a big help for assistance, to look at programs that is a tricycle, a tricycle with a flat bed my home State, but it is only a first help the victims of HIV and AIDS, tu- on the back. They take a woman who is step toward restoring economic berculosis, malaria, child and maternal needing a Caesarean section, for exam- growth. It is certainly not the last step mortality, victims of sexual violence, ple, put her on the back of this tricycle we need to take in this work session. clean water, sanitation issues, democ- and take her off for a 4-hour trip to the As I said, I hope the vote yesterday and racy, governments, refugees. closest hospital. That is maternal and

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S731 childcare in Africa, in Tanzania. We They have to carry water. Something Her name is Lynne Lucy. Her hus- are trying to help through the organi- as basic as water that we take for band Joe is a Congolese surgeon and zation CARE that I mentioned earlier. granted becomes a centerpiece in their they married years ago and decided to With their help, they have not only lives every single day. Improvements start a hospital for the poorest people brought them the money necessary for are being made in Ethiopia and other in that part of Congo. They focus on their ambulance, this tricycle, they places. I returned to Goma in the children with club feet and cleft pal- have helped the local residents develop Democratic Republic of Congo. It is in ates. They focus on trauma victims, a savings and loan where their modest the eastern section of that country. setting fractures, victims of fires, and earnings they make by selling agricul- The capital, Kinshasa, is far west and other accidents that occur. Their tural produce are banked away for a removed not only physically but politi- major area of focus is on the women better day. They are allowed to borrow cally from many of the things hap- who are the victims of the civil war. small units of money for buying sewing pening in eastern Congo. One of the most horrible things about machines, which can dramatically I try to describe Goma to those who this war isn’t only that people die, but change a life in these poor villages, or haven’t been there. It is almost impos- they have now built in hideous torture livestock or to help to pay for their sible. Imagine one of the poorest places techniques as part of this civil war. kids to go to school. on Earth, where people are literally Women are raped and gang raped and In Tanzania as a whole, the PEPFAR starving, where they are facing the children are mutilated in hideous, scourge of disease, where malaria is the program, which is the United States bi- awful ways. They bring them into this biggest killer of children. Imagine HIV/ lateral program for HIV/AIDS, tuber- hospital and try to rebuild their bodies AIDS and the problems they face with culosis and malaria, and the Global and rebuild their lives. God bless them that. Then superimpose over that the Fund Program, a much larger under- for doing it, Joe and Lynne Lucy. misfortune of an ongoing war that has taking from many other countries, When I was there last, I worried be- have made real progress in HIV, TB, been taking place in the eastern part of the Democratic Republic of Congo for cause they only had a handful of doc- and malaria. tors. This time I walked into a class- We also visited Ethiopia, a country I years. There is an ongoing debate about how many people have been room filled with doctors. Standing in have been looking forward to seeing. It front of them was a doctor from the has the distinction in Africa of being killed in this war. The debate ranges 1 University of Wisconsin, right smack- the only country in Africa that was from the low number of about 2 ⁄2 mil- lion to the high number of 6 million, dab in a part of the Midwest of which never colonized. There was a period, a and they debate very violently about I am proud to be a part, training these short period of occupation by the whether it is 6 or 21⁄2 million. Regard- doctors on how to treat these poor peo- Italians. But they have been a kingdom less of which number, it is an outrage. ple. There is evidence of the caring and under their own control, except for It is a genocide which is occurring in compassionate people of the United that period of time since the early this section of Africa with little or no States all around the world. In this sad parts of the third and fourth century attention from anyone. situation in Goma, certainly it is need- and maybe even before that. They are What has caused this? Their neighbor ed. very proud of their own language, their is Rwanda. If you recall, in Rwanda, I We have a 20,000-member U.N. peace- own customs, their own history. They believe the year was 1994, a terrible have tremendous international efforts keeping force known as MONUC that genocide killed 800,000 people in the has been in the area for more than 10 underway to help the Ethiopian people, span of a matter of days. Those who who are basically poor, struggling peo- years trying to bring peace. Unfortu- were accused of the genocidal acts, nately, rebel groups continue cam- ple. They are struggling against the ec- many of them escaped into the neigh- onomics of a poor nation, as well as paigns of brutal violence. Known war boring country of Congo and set up criminals such as Jean Bosco Ntaganda HIV, AIDS, tuberculosis. They are re- their armed militias. They continued settling refugees from the war-torn continue to play a role in the violence, their violence. Not only is Goma an despite being wanted for awful war neighboring state of Somalia. They are area the surrounding towns and vil- trying to build a health system. crimes. The Congolese military has lages fought over, it also happens to be tried to root out several groups but has One program, in particular, was pro- an area that is dominated by a volcano vided by a nongovernmental organiza- embraced others. It is hard to figure which erupted in 2002 and killed hun- out the good and bad people in this tion called AMREF in the Kechene dreds of people and destroyed thou- slum area of the capital of Addis conflict. But you can certainly figure sands of basic shelters. It is also an out the victims because you see them Ababa. Senator BROWN and I went to area filled with minerals and timber, everywhere. this area. It is a slum with 380 people gold, diamonds, basic minerals needed living there, that has basically had to for the cell phones we take for granted We went to what is known as an in- carry in water for years because there every single day. There is money to be ternally displaced persons camp just was no running water. But because of made, even if you just take out your south of Goma. I find it hard to imag- an AMREF project, they were able to shovel and dig into the hillside and find ine how people live there. There are build 22 water kiosks in the country some of these for sale. It is a rich area 1,800 people living there. Imagine that and one in this slum area. It seems like in mineral resources. they are living on volcanic rock. It is something so simple, but it has It is also rich in other resources. hard to walk on it even with shoes be- changed their lives. They now have a Dian Fossey has her operation there cause it is jagged and hurts your feet. source of safe drinking water. Very for the silverback gorillas, which many They live on it. They pitch tents on it. near the small little lean-tos they live of us have seen on television. They are They walk their kids to school on it. in, they have two showers for 380 peo- caught in the middle of the crossfire of We went to a little health clinic there ple that they share and can use where the civil war. I came back to Goma. I and a baby was handed to me that was they had none before. They have basic had been there several years ago. I was a heartbreaking situation, clearly mal- sanitation and toilet facilities, which surprised at how many people said they nourished, who had just been brought they did not have at all. remembered I had been there and never in for a few days. They were trying to We were greeted by two beautiful lit- thought I would return because few rescue its life. Many of the children tle girls who gave us flowers and in- people do; it is such a hard, difficult there struggle with basic health needs. vited us to a coffee ceremony. place. We visited a hospital there They have a school which is better They couldn’t help but beam with called Heal Africa. We were greeted by than most would find in their home vil- pride as we took a look at the source of a lady with a British accent. As I came lages and some security. But each of water and sanitation that did not exist in, she said: Welcome back. I thought them told me: We don’t have enough before. So many thousands of people in she made a mistake. She thinks I am food. You look at their sources of Africa spend hours every day carrying somebody else. It turns out that, in water, they are limited. It is a tough water back and forth. Young girls are fact, I had visited her hospital 5 years situation. These people are there be- often denied the opportunity to go to ago. It had changed so much, I didn’t cause they were caught in the crossfire school because they have work to do. recognize it, but she was still there. of a war that continues. They didn’t do

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S732 CONGRESSIONAL RECORD — SENATE February 24, 2010 anything wrong. Some of them are try- response is, about 25 percent of the The Republican minority leader re- ing to rebuild their lives and stay safe Federal budget. The fact is, it is just cently said, referring to in a very difficult situation. over 1 percent in foreign aid around the Abdulmutallab: Finally, we had a chance to visit world. We spend far less as a percent- He was given a 50 minute interrogation, Sudan. I wished to go there because I age of our gross domestic product than probably Larry King has interrogated people have stood on the floor so many times many nations. But the work we do is so longer and better than that. After which he and given speeches about Darfur and absolutely essential for maintaining was assigned a lawyer who told him to shut up. the genocide that occurred there. In life, fighting disease, for making cer- addition to that troubled part of tain that young people have a fighting That is what the minority leader Sudan, there has been an ongoing bat- chance. said. But here are the facts. Experi- tle between north and south Sudan President Obama recognizes that. I enced counterterrorism agents from which appears to have resolved itself hope we can have bipartisan support to the FBI interrogated Abdulmutallab peacefully with an election that will be continue our help with foreign aid, when he arrived in Detroit. According held in the near future for the national even in this difficult time. to the Justice Department, during this legislature and then early next year to The last issue I will discuss on this initial interrogation, the FBI ‘‘ob- decide if south Sudan will be a separate trip Senator BROWN and I took is one I tained intelligence that has already country. There are about 8 million peo- will save for a separate presentation. proved useful in the fight against Al ple living in south Sudan. We traveled But without fail, in every African na- Qaeda.’’ After the interrogation, on the only road in south Sudan. We tion, I would ask them the same ques- Abdulmutallab refused to cooperate met with the man who is Vice Presi- tion: What is the presence of China in further with the FBI. Only then, after dent of Sudan now and would be Presi- your nation? Without fail, they would his refusal, did the FBI give him a Mi- dent, I believe, of the new south Sudan, say: It is interesting you would ask. randa warning. What the FBI did in Mr. Salva Kiir. He is a former rebel The Chinese are moving into Africa this case was nothing new. During the who fought in the bush for years, sur- in a way we should not ignore. They Bush administration, the FBI also gave rounded by Governors in south Sudan are providing capital assistance and Miranda warnings to terrorists de- who went through the same experience. loans to countries all over Africa, tained in the United States. I respect Senator MCCONNELL, but I In just a few months, they may need to which can provide them with minerals say, respectfully, that he got his facts build a nation. It is a daunting task. and resources for their economy and, wrong as stated on the floor of the Sen- I worry about it because when there ultimately, with markets for their ate. Frankly, this unfounded criticism is a power vacuum and a failed state in products. Leaders in Africa, such as the of the FBI and their techniques should Africa, people move in on it and use it President of Ethiopia, say to me: When be corrected. That is why I stand here for exploitive and terrorist purposes. the West walked away from Africa, today. We then went to Khartoum, which is China stepped in. Attorney General Eric Holder re- a legendary city in Africa, and met The Chinese have a strategy and a cently sent a detailed, 5-page letter to with representatives of the government goal. If we don’t become sensitive to it Senator MCCONNELL explaining what there, talking about many of the issues and what it will mean to the next gen- they face and the status of Darfur actually happened in this case. eration of people living in each of those I ask unanimous consent that it be today which, thank God, is more peace- countries, we will pay a heavy price. printed in the RECORD. ful than in years gone by. One of the We have to understand that these peo- There being no objection, the mate- more interesting conversations we had ple now may be in underdeveloped rial was ordered to be printed in the in Khartoum was with one of the Min- countries and struggling, but tomorrow RECORD, as follows: isters. I brought up the issue of global they will have a middle class, and they OFFICE OF THE ATTORNEY GENERAL, warming, wondering if this man in the will be purchasing goods and services. Washington, DC, February 3, 2010. middle of Africa, near the Equator, felt They will remember that their high- Hon. MITCH MCCONNELL, there was a need for us to be concerned ways and stadiums and schools were U.S. Senate, about global warming. built with loans from the Chinese. Inci- Washington, DC. He said: I can take you 300 meters dentally, those loans come with strings DEAR SENATOR MCCONNELL: I am writing in from where we are meeting now. I will attached. When the Chinese loan reply to your letter of January 26, 2010, in- show you the Nile River, and I will money to a country such as Ethiopia, quiring about the decision to charge Umar show you the impact of global warm- Farouk Abdulmutallab with federal crimes it is so a Chinese construction com- in connection with the attempted bombing of ing. We could walk out into stretches pany can build the project using Chi- Northwest Airlines Flight 253 near Detroit of land that used to be islands in the nese engineers, technicians, and work- on December 25, 2009, rather than detaining middle of the river. You can walk there ers. So they are providing work him under the law of war. An identical re- now because the river is so low. Many projects with the money they are loan- sponse is being sent to the other Senators people in that part of Africa depend on ing to each country and being repaid in who joined in your letter. the Nile for irrigation. We believe in local resources such as oil and min- The decision to charge Mr. Abdulmutallab in federal court, and the methods used to in- global warming. erals. If you want to know one of the causes terrogate him, are fully consistent with the We can’t ignore this reality. It is long-established and publicly known policies of the genocide in Darfur, it was be- happening all over the world. The Chi- and practices of the Department of Justice, cause that area is becoming a desert, nese have a plan. I am not sure Amer- the FBI, and the United States Government and people are fighting over what is ica has a plan. We should. as a whole, as implemented for many years left of land that can be cultivated. I f by Administrations of both parties. Those think about debates we have had on policies and practices, which were not criti- the floor of the Senate. In fact, there HANDLING OF TERRORIST cized when employed by previous Adminis- are Senators who proudly say there is SUSPECTS trations, have been and remain extremely ef- no such thing as global warming. I Mr. President, in recent weeks, my fective in protecting national security. They are among the many powerful weapons this wish they could have been with me in Republican colleagues have directed a country can and should use to win the war Khartoum and spoken to this man barrage of criticism at President against al-Qaeda. about evidence he is seeing in that far- Obama for his handling of terrorist I am confident that, as a result of the hard away place about changing climate and cases, and I wish to respond. work of the FBI and our career federal pros- changes in lifestyle, genocide, and war Let’s start with the recent case of ecutors, we will be able to successfully pros- that have followed global warming. It Umar Faruk Abdulmutallab, the man ecute Mr. Abdulmutallab under the federal is not just an environmental issue. It is who tried to explode a bomb on a plane criminal law. I am equally confident that the around Christmas when it was landing decision to address Mr. Abdulmutallab’s ac- a security issue. tions through our criminal justice system There are frequent debates about the in Detroit. My colleagues on the other has not, and will not, compromise our ability value of U.S. foreign assistance. When side have been very critical of the to obtain information needed to detect and Americans are asked, how much do we FBI’s decision to give Miranda warn- prevent future attacks. There are many ex- spend in foreign aid, the most common ings to Abdulmutallab. amples of successful terrorism investigations

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S733 and prosecutions, both before and after Sep- viding material support to al-Qaeda for pro- United States. The FBI’s current Miranda tember 11, 2001, in which both of these impor- viding the terrorist organization with infor- policy, adopted during the prior Administra- tant objectives have been achieved—all in a mation about possible U.S. targets for at- tion, provides explicitly that ‘‘[w]ithin the manner consistent with our law and our na- tack. Among other things, he was tasked by United States, Miranda warnings are re- tional security interests. Mr. Abdulmutallab al-Qaeda operatives overseas to assess the quired to be given prior to custodial inter- was questioned by experienced counterter- Brooklyn Bridge in New York City as a pos- views. . . .’’ In both terrorism and non-ter- rorism agents from the FBI in the hours im- sible post-9/11 target of destruction. After rorism cases, the widespread experience of mediately after the failed bombing attempt initially providing significant information law enforcement agencies, including the FBI, and provided intelligence, and more re- and assistance to law enforcement personnel, is that many defendants will talk and co- cently, he has provided additional intel- he was sentenced to 20 years in prison. In operate with law enforcement agents after ligence to the FBI that we are actively using 2002, the ‘‘Lackawanna Six’’ were charged being informed of their right to remain si- to help protect our country. We will con- with conspiring, providing, and attempting lent and to consult with an attorney. Exam- tinue to share the information we develop to provide material support to al-Qaeda ples include L’Houssaine Kherchtou, who with others in the intelligence community based upon their pre-9/11 travel to Afghani- was advised of his Miranda rights, cooper- and actively follow up on that information stan to train in the Al Farooq camp operated ated with the government and provided crit- around the world. by al-Qaeda. They pled guilty, agreed to co- ical intelligence on al-Qaeda, including their 1. Detention. I made the decision to charge operate, and were sentenced to terms rang- interest in using piloted planes as suicide Mr. Abdulmutallab with federal crimes, and ing from seven to ten years in prison. There bombers, and Nuradin Abdi, who provided to seek his detention in connection with are many other examples of successful ter- significant information after being repeat- those charges, with the knowledge of, and rorism prosecutions—ranging from Zacarias edly advised of his Miranda rights over a with no objection from, all other relevant de- Moussaoui (convicted in 2006 in connection two-week period. During an international partments of the government. On the with the 9/11 attacks and sentenced to life in terrorism investigation regarding Operation evening of December 25 and again on the prison) to Ahmed Omar Abu Ali (convicted in Crevice, law enforcement agents gained valu- morning of December 26, the FBI informed 2005 of conspiracy to assassinate the Presi- able intelligence regarding al-Qaeda military its partners in the Intelligence Community dent and other charges and sentenced to life commanders and suspects involved in bomb- that Abdulmutallab would be charged crimi- in prison) to Ahmed Ressam (convicted in ing plots in the U.K. from a defendant who nally, and no agency objected to this course 2001 for the Millenium plot to bomb the Los agreed to cooperate after being advised of, of action. In the days following December Angeles airport and sentenced to 22 years, a and waiving his Miranda rights. Other ter- 25—including during a meeting with the sentence recently reversed as too lenient and rorism subjects cooperate voluntarily with President and other senior members of his remanded for resentencing)—which I am law enforcement without the need to provide national security team on January 5—high- happy to provide upon request. Miranda warnings because of the non-custo- level discussions ensued within the Adminis- In fact, two (and only two) persons appre- dial nature of the interview or cooperate tration in which the possibility of detaining hended in this country in recent times have after their arrest and agree to debriefings in Mr. Abdulmutallab under the law of war was been held under the law of war. Jose Padilla thc presence of their attorneys. Many of explicitly discussed. No agency supported was arrested on a federal material witness these subjects have provided vital intel- the use of law of war detention for warrant in 2002, and was transferred to law of ligence on al-Qaeda, including several mem- Abdulmutallab, and no agency has since ad- war custody approximately one month later, bers of the Lackawanna Six, described above, vised the Department of Justice that an al- after his court-appointed counsel moved to who were arrested and provided information ternative course of action should have been, vacate the warrant. Ali Saleh Kahlah Al- about the Al Farooq training camp in Af- or should now be, pursued. Marri was also initially arrested on a mate- ghanistan; and Mohammad Warsame, who Since the September 11, 2001 attacks, the rial witness warrant in 2001, was indicted on voluntarily submitted to interviews with the practice of the U.S. government, followed by federal criminal charges (unrelated to ter- FBI and provided intelligence on his con- prior and current Administrations without a rorism) in 2002, and then transferred to law tacts with al-Qaeda in Afghanistan. There single exception, has been to arrest and de- of war custody approximately eighteen are other examples which I am happy to pro- tain under federal criminal law all terrorist months later. In both of these cases, the vide upon request. There are currently other suspects who are apprehended inside the transfer to law of war custody raised serious terrorism suspects who have cooperated and United States. The prior Administration statutory and constitutional questions in are providing valuable intelligence informa- adopted policies expressly endorsing this ap- the courts concerning the lawfulness of the tion whose identities cannot be publicly dis- proach. Under a policy directive issued by government’s actions and spawned lengthy closed. President Bush in 2003, for example, ‘‘the At- litigation. In Mr. Padilla’s case, the United The initial questioning of Abdulmutallab torney General has lead responsibility for States Court of Appeals for the Second Cir- was conducted without Miranda warnings criminal investigations of terrorist acts or cuit found that the President did not have under a public safety exception that has been terrorist threats by individuals or groups in- the authority to detain him under the law of recognized by the courts. Subsequent ques- side the United States, or directed at United war. In Mr. Al-Marri’s case, the United tioning was conducted with Miranda warn- States citizens or institutions abroad, where States Court of Appeals for the Fourth Cir- ings, as required by FBI policy, after con- such acts are within the Federal criminal ju- cuit reversed a prior panel decision and sultation between FBI agents in the field and risdiction or the United States, as well as for found in a fractured en banc opinion that the at FBI Headquarters, and career prosecutors related intelligence collection activities President did have authority to detain Mr. in the U.S. Attorney’s Office and at the De- within the United States.’’ Homeland Secu- Al-Marri, but that he had not been afforded partment of Justice. Neither advising rity Presidential Directive 5 (HSPD–5, Feb- sufficient process to challenge his designa- Abdulmutallab of his Miranda rights nor ruary 28, 2003). The directive goes on to pro- tion as an enemy combatant. Ultimately, granting him access to counsel prevents us from obtaining intelligence from him, how- vide that ‘‘[f]ollowing a terrorist threat or both Al-Marri (in 2009) and Padilla (in 2006) ever. On the contrary, history shows that the an actual incident that falls within the were returned to law enforcement custody, federal justice system is an extremely effec- criminal jurisdiction of the United States, convicted of terrorism charges and sentenced tive tool for gathering intelligence. The De- the full capabilities of the United States to prison. partment of Justice has a long track record shall be dedicated, consistent with United When Flight 253 landed in Detroit, the men of using the prosecution and sentencing States law and with activities of other Fed- and women of the FBI and the Department of process as a lever to obtain valuable intel- eral departments and agencies to protect our Justice did precisely what they are trained ligence, and we are actively deploying those national security, to assisting the Attorney to do, what their policies require them to do, tools in this case as well. General to identify the perpetrators and and what this nation expects them to do. In Some have argued that had Abdulmutallab bring them to justice.’’ the face of the emergency, they acted quick- been declared an enemy combatant, the gov- In keeping with this policy, the Bush Ad- ly and decisively to ensure the detention and ernment could have held him indefinitely ministration used the criminal justice sys- incapacitation of the individual identified as without providing him access to an attorney. tem to convict more than 300 individuals on the would-be bomber. They did so by fol- But the government’s legal authority to do terrorism-related charges. For example, lowing the established practice and policy of so is far from clear. In fact, when the Bush Richard Reid, a British citizen, was arrested prior and current Administrations, and de- administration attempted to deny Jose in December 2001 for attempting to ignite a tained Mr. Abdulmutallab for violations of Padilla access to an attorney, a federal judge shoe bomb while on a flight from Paris to federal criminal law. in New York rejected that position, ruling Miami carrying 184 passengers and 14 crew- 2. Interrogation. The interrogation of that Padilla must be allowed to meet with members. He was advised of his right to re- Abdulmutallab was handled in accordance his lawyer. Notably, the judge in that case main silent and to consult with an attorney with FBI policy that has governed interroga- was Michael Mukasey, my predecessor as At- within five minutes of being removed from tion of every suspected terrorist apprehended torney General. In fact, there is no court-ap- the aircraft (and was read or reminded of in the United States for many years. Across proved system currently in place in which these rights a total of four times within 48 many Administrations, both before and after suspected terrorists captured inside the hours), pled guilty in October 2002, and is 9/11, the consistent, well-known, lawful, and United States can be detained and held with- now serving a life sentence in federal prison. publicly-stated policy of the FBI has been to out access to an attorney; nor is there any In 2003, Iyman Faris, a U.S. citizen from provide Miranda warnings prior to any cus- known mechanism to persuade an uncoopera- Pakistan, pled guilty to conspiracy and pro- todial interrogation conducted inside the tive individual to talk to the government

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S734 CONGRESSIONAL RECORD — SENATE February 24, 2010 that has been proven more effective than the to detonate a bomb on a plane. So how Would Abdulmutallab’s family have criminal justice system. Moreover, while in does the Bush administration’s han- traveled to the United States and per- some cases defense counsel may advise their dling of the shoe bomber, Mr. Reid, suaded him to cooperate if they clients to remain silent, there are situations thought he was being tortured here? I in which they properly and wisely encourage compare with the Obama administra- cooperation because it is in their client’s tion’s handling of Abdulmutallab? The do not think so. A senior Obama ad- best interest, given the substantial sentences Bush administration detained and ministration official said: they might face. charged Reid as a criminal. They gave One of the principal reasons why his family 3. The Criminal Justice System as a Na- Reid a Miranda warning within 5 min- came back is that they had complete trust in tional Security Tool. As President Obama utes of being removed from the air- the U.S. system of justice and believed that [their son] would be treated fairly and appro- has made clear repeatedly, we are at war plane and they reminded him of his Mi- against a dangerous, intelligent, and adapt- priately. randa rights four times within the first able enemy. Our goal in this war, as in all You do not hear that much. There is 48 hours he was detained. others, is to win. Victory means defeating a belief that if you do not waterboard Has America heard that side of the the enemy without damaging the funda- a person or torture them, you are not story, as we have heard all these criti- mental principles on which our nation was going to get information. Exactly the founded. To do that, we must use every cisms about Miranda warnings for opposite happened here. This man was weapon at our disposal. Those weapons in- Abdulmutallab? treated respectfully through our sys- clude direct military action, military jus- The Republicans have been very crit- tice, intelligence, diplomacy, and civilian tem of justice. He was not given special ical of the Obama administration for favors. He was treated like the crimi- law enforcement. Each of these weapons has giving a Miranda warning to this De- virtues and strengths, and we use each of nal who I believe he is, and yet he was them in the appropriate situations. troit, attempted, would-be bomber 9 treated in such a manner that his fam- Over the past year, we have used the crimi- hours after he was first detained, after ily was willing to come to the United nal justice system to disrupt a number of a 50-minute interrogation. But they did States and beg him to cooperate with plots, including one in New York and Colo- not criticize their own Republican our government, which he did at the rado that might have been the deadliest at- President when his administration end of the day. tack on our country since September 11, 2001, gave a Miranda warning to the shoe So how do my Republican colleagues had it been successful. The backbone of that bomber 5 minutes after he was de- effort is the combined work of thousands of respond to this development? Did they FBI agents, state and local police officers, tained, and before he was interrogated commend the Obama administration career prosecutors, and intelligence officials at all. for successfully bringing his family around the world who go to work every day How do they square this? How can over and getting more information? to help prevent terrorist attacks. I am im- they be so critical of President Obama No. They now claim the intelligence mensely proud of their efforts. At the same when a similar parallel case was treat- from him was worthless. They have no time, we have worked in concert with our ed so differently under the Republican basis for saying that, but they do any- partners in the military and the Intelligence President? way. Community to support their tremendous In mid-January, Abdulmutallab During the previous administration, work to defeat the terrorists and with our partners overseas who have great faith in began talking again to FBI interroga- Republicans argued that detainees held our criminal justice system. tors and providing valuable intel- at Guantanamo were still providing The criminal justice system has proven to ligence—after the Miranda warnings. valuable intelligence for years after be one of the most effective weapons avail- FBI Director Robert Mueller described they were arrested. Now they are say- able to our government for both incapaci- it this way: ing that days and weeks after tating terrorists and collecting intelligence . . . over a period of time, we have been Abdulmutallab was arrested his intel- from them. Removing this highly effective successful in obtaining intelligence, not just ligence was worthless. They cannot weapon from our arsenal would be as foolish on day one, but on day two, day three, day have it both ways. as taking our military and intelligence op- four, and day five, down the road. My colleagues on the other side of tions off the table against al-Qaeda, and as dangerous. In fact, only by using all of our According to another law enforce- the aisle argue that Abdulmutallab instruments of national power in concert can ment official: should be held in military detention as we be truly effective. As Attorney General, I The information has been active, useful, an enemy combatant. But terrorists ar- am guided not by partisanship or political and we have been following up. The intel- rested in the United States have al- considerations, but by a commitment to ligence is not stale. ways been held under our criminal using the most effective course of action in How did this happen? The Obama ad- laws. Here is what Attorney General each case, depending on the facts of each Eric Holder said in his letter to Sen- case, to protect the American people, defeat ministration convinced Abdulmu- ator MCCONNELL: our enemies, and ensure the rule of law. tallab’s family to come to the United Since the September 11, 2001 attacks, the Sincerely, States. Then he started talking. And practice of the U.S. government, followed by ERIC H. HOLDER, Jr. his family persuaded him to cooperate. This is a very different approach prior and current Administrations without a Mr. DURBIN. Here is what General single exception, has been to arrest and de- Holder said: than we saw in the previous adminis- tain under federal criminal law all terrorist Across many administrations, both before tration, when detainees who refused to suspects who are apprehended inside the and after 9/11, the consistent, well-known, talk were subjected to torture tech- United States. lawful, and publicly stated policy of the FBI niques such as waterboarding. Without exception. That was the has been to provide Miranda warnings prior Real life is not like the TV show standard under the Bush administra- to any custodial interrogation conducted in- ‘‘24.’’ On TV, when Jack Bauer tortures tion. side the United States. someone, the suspect immediately ad- The Bush administration did move In fact, the Bush administration mits everything he knows. Here is two terror suspects out of the criminal adopted new policies for the FBI that what we learned during the Bush ad- justice system after they were ar- said ‘‘Within the United States, Mi- ministration. In real life, when people rested. One of them was Jose Padilla. randa warnings are required to be are tortured, they will say anything to He was designated as an enemy com- given prior to custodial interviews.’’ make the pain stop. So they often pro- batant and transferred to military de- That was a requirement from the Bush vide false information, not valuable in- tention. But then what happened? In a administration. Senator MCCONNELL telligence. court filing, the Bush administration and others have tried to politicize this Richard Clarke was the senior coun- admitted that Padilla had not talked issue when the facts tell us otherwise. terterrorism adviser to President Clin- to his interrogators for 7 months. They Let’s take one example from the ton and President George W. Bush. said: Bush administration. Richard Reid, the Here is what he said recently about the There are numerous examples of situations shoe bomber, tried to detonate an ex- Obama administration’s approach: where interrogators have been unable to ob- plosive in his shoe on a flight from The FBI is good at getting people to talk tain valuable intelligence from a subject Paris to Miami in December 2001. . . . they have been much more successful until months—or even years, after the inter- This was very similar to the at- than the previous attempts of torturing peo- rogation process began. tempted attack by Abdulmutallab, an- ple and trying to convince them to give in- Two important points about the other foreign terrorist who also tried formation that way. Padilla case: My Republican colleagues

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S735 criticize the Obama administration for The suggestion that somehow a military have an obligation to get the facts holding Abdulmutallab under our commission is the way to go isn’t borne out right when we either defend or criticize criminal laws. But Padilla was held in by the history of the military commissions. the President. military detention and the Bush ad- What would GEN Colin Powell know I am also concerned about the tone of ministration acknowledged that he did about the history of military commis- some of the criticism we have heard. not talk to his interrogators for at sions? A heck of a lot, having given his We can surely disagree with this ad- least 7 months. Second, Republicans life to the U.S. military in dedication ministration, but when I hear the argue that intelligence from to his country. His opinion means a lot President’s critics suggest that he is Abdulmutallab, after several weeks in to me. soft on terrorism and he does not care detention, was stale and worthless, but Military commissions are unproven about defending our country, that goes the Bush administration argued that venues, which ultimately may serve us over the line, as far as I am concerned. information gathered from Padilla well in some circumstances, but to say Recently, Senator MCCONNELL gave a after months—or even years—was still they are all good and courts are all bad speech to the Heritage Foundation, a valuable. is to ignore the obvious and ignore the conservative think tank on Capitol evidence. Hill, and he said the Obama adminis- There is no consistency in the posi- Just 2 days ago, there was more com- tration ‘‘has a pre-9/11 mindset’’ and tion they have taken on the other side pelling evidence about the effective- ‘‘has a blind spot when it comes to of the aisle. ness of Federal courts. Attorney Gen- prosecuting this war.’’ I think those In the end, the Bush administration eral Holder announced that Najibullah statements go too far. changed course on Padilla. They trans- Zazi has pleaded guilty to plotting to GEN Colin Powell has a different ferred him back to the criminal justice bomb the New York subway system. opinion, different than Senator MCCON- system for prosecution. He was con- Zazi, who planned the bombing with al- NELL. Here is what he said last week- victed. He is now serving a long sen- Qaida while he was in Pakistan, could end: tence in a Federal supermax prison— be sentenced to life in prison without convicted in our criminal courts. parole—convicted in the Federal crimi- To suggest that somehow we have become much less safe because of the actions of the What about the shoe bomber? Rich- nal courts. ard Reid was also prosecuted and con- administration, I don’t think that’s borne Here is what Attorney General Hold- out by the facts. victed in the criminal justice system. er said about the subway bombing plot: What is the motivation for this criti- He is now serving a life sentence with- This is one of the most serious terrorist out parole in a Federal supermax pris- threats to our nation since September 11th, cism of the President? Well, as Senator on, where he will never again threaten 2001 . . . This attempted attack on our home- MCCONNELL said to the Heritage Foun- an American life. land was real, it was in motion, and it would dation: My Republican colleagues did not have been deadly. . . . In this case as in so You can campaign on these issues any- many others, the criminal justice system has complain when the Bush administra- where in America. proved to be an invaluable weapon for dis- I guess he is right. I guess there is al- tion prosecuted Reid and Padilla in rupting plots and incapacitating terrorists. criminal courts. But now they argue ways room for fear, and peddling fear is I hope all my colleagues—Democrats something that is going to appeal to a terrorists such as Abdulmutallab and and Republicans—will join me in com- Khalid Shaikh Mohammed should be lot of people. It is right that we be mending the Obama administration for mindful of the threat of terrorism and tried in military commissions only be- their success in disrupting this dan- cause Federal courts are not well suit- we do everything in our power to stop gerous plot and bringing Zazi to jus- it from ever occurring again. But living ed to prosecute terrorists. tice. I sincerely hope this case will Well, let’s look at the numbers. Since and quivering in fear, is that what cause some of the critics of trying ter- America should be all about? 9/11, 195 terrorists have successfully rorists in Federal courts pause to at been prosecuted and convicted in our Richard Clarke, the senior counter- least reflect on the obvious. This was a terrorism adviser to Presidents Clinton Federal court system. Besides Reid and successful prosecution—another one, Padilla, here are just a few of the ter- and Bush, said: 195 of them since 9/11. Recent months have seen the party out of rorists who have been convicted in our There is a great irony here. For 8 Federal court system and are now serv- power picking fights over the conduct of our long years, during the Bush-Cheney ad- efforts against Al Qaeda, often with total ing long prison sentences: Ramzi ministration, Republicans used to disregard to the facts and frequently blowing Yousef, the mastermind of the 1993 argue that we should not criticize the issues totally out of proportion, while ignor- World Trade Center bombing; Omar administration’s national security ing the more important challenges we face in Abdel Rahman, the so-called Blind policies. Time and again, they told us defeating terrorists. Sheikh; and the 20th 9/11 hijacker, it was inappropriate—maybe even un- Mr. President, 9 years after 9/11, al- Zacarias Moussaoui, who was tried American, some of them said—for Con- Qaida still is a serious threat to Amer- across the river in Virginia and now gress to ask basic questions about the ica. We know that terrorists are plot- sits in a prison cell in Florence, CO. Bush administration’s policies on ting to attack us even as we speak. Compare this with the track record issues like Iraq, Guantanamo, torture, President Obama knows it as well. He of military commissions. Some would warrantless wiretapping. Time and understands as Commander in Chief have us believe that military commis- again, we were reminded there is only that he has a special commitment to sions have been so much more effective one Commander-in-Chief. But now Re- the American people to keep us safe. in going after terrorists. So let’s look publicans feel it is fair game to second- Congress is a political body and this is at the record. Mr. President, 195 terror- guess every decision President Obama an election year, but this issue is too ists have been successfully prosecuted makes in the area of combating ter- important to become a political foot- and convicted in our criminal courts. rorism. ball. Democrats and Republicans How about military commissions? I think we have a right, an obliga- should be united in supporting all of Since 9/11, only three individuals have tion, as Senators, to ask questions of the efforts of all of the good men and been convicted by military commis- all Presidents regardless of party. But women, including the President, in try- sions—that is 195 to 3—and two of those I think we also have an obligation for ing to fight terrorism and keep Amer- individuals spent less than a year in fairness and balance, as one of the no- ica safe. prison and are now living freely in torious networks says. In this case, I Mr. President, I yield the floor, and I their home countries of Australia and think if you look at the evidence in a suggest the absence of a quorum. Yemen. fair and balanced fashion, you can see The PRESIDING OFFICER. The GEN Colin Powell, the former head of we are in a situation where the ap- clerk will call the roll. the Joint Chiefs of Staff and Secretary proach of using Federal criminal courts The bill clerk proceeded to call the of State under President Bush, sup- has worked. It has worked because we roll. ports prosecuting terrorists in Federal know we have the very best in the FBI Mr. REID. Mr. President, I ask unan- courts. Here is what he said about mili- and the Department of Justice, and imous consent that the order for the tary commissions last week: they have a track record of success. We quorum call be rescinded.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S736 CONGRESSIONAL RECORD — SENATE February 24, 2010 The PRESIDING OFFICER. Without agreed to that request. The items that than any of the others; that is, unem- objection, it is so ordered. we are proposing to extend in my sub- ployment compensation, COBRA, and f stitute amendment include unemploy- the SGR. If there were ever an emer- ment insurance, COBRA, flood insur- gency—ever—in this body, certainly it UNANIMOUS CONSENT REQUEST— ance, highway funding, small business would be unemployment compensation H.R. 1586 loans, and small business provisions of and COBRA moneys. Mr. REID. Mr. President, I ask unan- the American Recovery Act, the Sat- I came to the floor earlier this year— imous consent that the Senate now ellite Home View Act, SGR—the so- it could have been late last year; time proceed to Calendar No. 36, H.R. 1586, called doctor fix—and poverty guide- flies—to try to get a permanent fix, as and that the Reid substitute amend- lines. All of these provisions will expire we call it, for the SGR for 10 years. ment, which is at the desk, be consid- on Sunday, February 28. That is this That did not get enough votes. That is ered read; that the Republican leader, coming Sunday. unfortunate. And this is really unfortu- or his designee, be recognized to offer a Agencies have been already sending nate. This SGR, the Medicare pay- substitute amendment, and that there out notices to unemployed workers— ments that will be allowed to doctors, be 60 minutes for debate with respect agencies such as a number of transpor- is for more than doctors; it is for doc- to that amendment, with the time tation departments around the country tors who will take Medicare patients. equally divided and controlled between have sent out notices that their work Many doctors in America today will the leaders or their designees; that had come to a stop, so they would not not take Medicare patients. If we do upon the use or yielding back of time, be getting benefits. not get this extended, a lot more will and if a budget point of order is made It is critical that these programs not take Medicare patients. against the amendment, a motion to continue so that Americans who are al- Our Medicaid programs throughout waive the relevant point of order be ready struggling can continue to get America are in deep trouble. I met considered made, and the Senate then this modest relief. Therefore, I regret Monday with 12 Governors. Everyone vote on a motion to waive the point of the objection of my friend from Ken- said they were in desperate shape for a order; that if the waiver is successful, tucky. I hope we can work through this lot of reasons, but one of the reasons is the amendment be agreed to and the objection and continue these important what has happened to Medicaid. Not Reid substitute, as amended, be agreed programs. only is it important to the doctors— to; that if the waiver fails, the amend- Mr. President, we have been told by and that is important—it is more im- ment be withdrawn; further, that there the Congressional Budget Office that portant to the patients, and many pro- be 30 minutes for debate with respect the No. 1 stimulative to our struggling grams to reimburse medical profes- to the Reid substitute amendment, economy is to give people who are out sionals—doctors—are based on what we of work, and have been out of work for with the time equally divided and con- have for Medicare reimbursement. If a long time, unemployment benefits. trolled between the leaders or their we do not get Medicare reimbursement, That money goes right into the econ- designees; that upon the use or yield- it is a cyclical thing that winds up omy—whether it is in Anchorage, Las ing back of time, and if a budget point tearing down the whole system. of order is made against the amend- Vegas, or Louisville. I say to my friend that I hope some- COBRA—there are people who are ment, a motion to waive the relevant one can come up with an idea during losing their jobs and they need the point of order be considered made, and the night that would allow us to get ability to buy insurance. Statutorily this done. We are going to take up this the Senate then vote on the motion to now they can do that, but this is going waive the point of order; that if the to expire. Highway funding—I have al- bill, all these items permanently next waiver is successful, the Senate pro- ready talked about that. It is just a week or at least most of it is for a year ceed to vote on adoption of the Reid real shame, and I am sorry that we or so. That will give us time to com- substitute amendment; further, that no can’t get this done by February 28. But plete all this business. Even though we further amendments or debate be in we can’t. This month would give us the passed the so-called jobs bill which ex- order; that upon disposition of the Reid time we need to complete our work. tended the highway bill for a year, the substitute amendment, the bill, as As far as unemployment benefits, no- House cannot get it done that quickly. amended, be read the third time; and tices have already gone out to thou- They can move more quickly than we following the reading by the clerk of sands of Americans that their benefits can, but they cannot move that quick- the budgetary effects of pay-go legisla- are going to be terminated—these un- ly. tion with respect to H.R. 1586, the Sen- employed workers. They are already Again, I hope we can work something ate proceed to vote on passage of the crushed with all the problems they out in the next 12 hours or so. There- bill, as amended; that upon passage the have, and now they are not going to fore, I object. title amendment, which is at the desk, have unemployment benefits. That is The PRESIDING OFFICER. Objec- be considered and agreed to. simply not right. tion is heard. The PRESIDING OFFICER. Is there I say to my friend again, I regret that The Senator from Kentucky. objection? we weren’t able to work this out today. Mr. REID. Mr. President, I was going Mr. BUNNING. Mr. President, I ob- I hope there is something we can do to to propound a unanimous consent re- ject. work through this objection. We need quest. The PRESIDING OFFICER. Objec- to continue these important programs. Mr. BUNNING. Go ahead. tion is heard. The PRESIDING OFFICER. The Sen- f Mr. REID. Mr. President, as usual, ator from Kentucky is recognized. MEDICARE PHYSICIAN PAYMENT prior to coming to call off the quorum, Mr. BUNNING. Mr. President, I ask REFORM ACT OF 2009 I had a visit with my friend from Ken- unanimous consent that the Senate Mr. REID. Mr. President, I ask unan- tucky, who is someone for whom I have proceed to the immediate consider- imous consent that the Senate proceed the greatest respect. I am going to ation of Calendar No. 36, H.R. 1586; that to Calendar No. 252, H.R. 3961. miss him so much, as I have said pub- the amendment at the desk, which is The PRESIDING OFFICER. The licly and privately. In the days of my the text of the Reid substitute, with an youth, I, of course, wanted to be the clerk will report the bill by title. offset, be agreed to; the bill, as amend- The legislative clerk read as follows: baseball player that he turned out to ed, be read the third time and passed; be. But that is another story. I didn’t A bill (H.R. 3961) to amend title XVIII of and the motion to reconsider be laid on the Social Security Act to reform the Medi- want to pitch. I wanted to be some- the table. care SGR payment system for physicians and thing else—a catcher or a shortstop. Mr. REID. Mr. President, reserving to reinstitute and update the Pay-As-You-Go Mr. President, I regret that my the right to object, with the provisions requirement of budget neutrality on new tax friend has objected to this modest re- that we are seeking to be extended, and mandatory spending legislation, en- quest. Earlier today, I was advised by there are some of them that cost forced by the threat of annual, automatic se- the Republican leadership that they money. questration. needed to have an amendment to be of- They all cost a little bit, but there There being no objection, the Senate fered on this bill. As noted above, we are three items here that cost more proceeded to consider the bill.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S737 Mr. REID. Mr. President, there is a cost of these extensions is another $10 to have this body and the other body substitute amendment at the desk, and billion. That means that $20 billion make a decision by voting on it. We are I ask unanimous consent that the goes directly to the debt of this coun- asking for a short extension. My per- amendment be considered and agreed try. sonal belief is that the extension of un- to and that the bill, as amended, be We just extended the debt limit to employment insurance is truly an read a third time. over $14 trillion. The reason I offered emergency, as I indicated earlier, as I The PRESIDING OFFICER. Without the offset that the leader objected to feel about COBRA. objection, it is so ordered. was so that my 40 grandkids don’t have I understand where my friend is com- The amendment (No. 3331) was agreed to pay the bill. We cannot keep shifting ing from. I have never been a part of to, as follows: our spending to our kids and our trying to fool him in any way inten- Strike all after the enacting clause and in- grandkids. tionally. As I understand it, we are sert the following: Believe me, I want to extend those willing to vote on this legislation. If we SECTION 1. EXTENSION OF SUNSETS. provisions just as badly as the leader are not able to work that out, I don’t (a) USA PATRIOT IMPROVEMENT AND RE- does, but we need to pay for them. know what can be more democratic AUTHORIZATION ACT OF 2005.—Section 102(b)(1) That is the reason I offered my sub- than that. We are all elected to make of the USA PATRIOT Improvement and Re- stitute to his original text. our choices here. I would be happy, as authorization Act of 2005 (Public Law 109–177; The PRESIDING OFFICER. The ma- I told the distinguished Senator from 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 jority leader. Kentucky, if he came up with some U.S.C. 1862 note) is amended by striking Mr. REID. Mr. President, let me say ‘‘February 28, 2010’’ and inserting ‘‘February way we could proceed on this issue, to 28, 2011’’. this: The bill we passed today is fully give every consideration to any pro- (b) INTELLIGENCE REFORM AND TERRORISM paid for. There is no deficit spending posal he would make. PREVENTION ACT OF 2004.—Section 6001(b)(1) whatsoever. In fact, everything was I suggest the absence of a quorum, of the Intelligence Reform and Terrorism paid for. Every part of that was paid Mr. President. Prevention Act of 2004 (Public Law 108–458; for. In passing that bill, there is not a The PRESIDING OFFICER. The 118 Stat. 3742; 50 U.S.C. 1801 note) is amended cent of red ink. clerk will call the roll. by striking ‘‘February 28, 2010’’ and inserting It is my understanding that with this The legislative clerk proceeded to ‘‘February 28, 2011’’. short extension we have tried to get call the roll. The PRESIDING OFFICER. The done today, my friend from Kentucky Mr. DURBIN. Mr. President, I ask question is on the engrossment of the believes it should be paid for by taking unanimous consent that the order for amendment and third reading of the money out of the stimulus funds—— the quorum call be rescinded. bill. Mr. BUNNING. Unspent stimulus The PRESIDING OFFICER. Without The amendment was ordered to be funds. objection, it is so ordered. engrossed and the bill to be read a Mr. REID. Yes—and pay for it that f third time. way. It is my understanding that we The bill, as amended, was read the are willing to have a vote on that. I say MORNING BUSINESS third time. to my friend, I am pretty sure that is Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. The bill what your leader and I spoke about. I unanimous consent that the Senate having been read the third time, the would be happy to have a vote on that. proceed to a period of morning busi- question is, Shall the bill, as amended, Mr. BUNNING. Mr. President, I ask ness, with Senators permitted to speak pass? for time to speak. for up to 10 minutes each. The bill (H.R. 3961), as amended, was The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without passed. ator from Kentucky. objection, it is so ordered. Mr. REID. I move to reconsider the Mr. BUNNING. I have been here 24 f vote, and I move to lay that motion on years, I say to the Senator from Ne- the table. vada. EXTENSION OF UNEMPLOYMENT The motion to lay on the table was Mr. REID. We came together. BENEFITS agreed to. Mr. BUNNING. And I have been Mr. DURBIN. Mr. President, the last Mr. REID. Mr. President, I ask unan- fooled by some things and some things item of business considered on the Sen- imous consent that the title amend- have gone past me and I woke up after ate floor was an effort to extend sev- ment, which is at the desk, be consid- it had already passed me. This is not eral provisions of law that will expire ered and agreed to and that the motion one of those things that was going to either late Saturday night or Sunday. to reconsider be laid upon the table. do that. Of course, we can have a vote One of these provisions is the extension The PRESIDING OFFICER. Without on it, and, of course, it can be defeated, of unemployment benefits. It is well objection, it is so ordered. and then, of course, we can pass the known across America that we have The amendment (No. 3332) was agreed bill without the money. I am not will- many people out of work. A lot of them to, as follows: ing to risk that $10 billion being added have reached the point where their un- (Purpose: To amend the title) to the deficit. I was not ready to risk employment benefits are about to ex- Amend the title so as to read: ‘‘An Act to voting on a bill I knew would not get pire. I have met with many of those extend expiring provisions of the USA PA- the amount of votes necessary to pay people in my State—in Springfield, in TRIOT Improvement and Reauthorization for it. If the majority leader would Chicago—and heard their stories, and Act of 2005 and Intelligence Reform and Ter- have included it in his UC, I would they are sadly very similar. Many of rorism Prevention Act of 2004 until February have had no problems. But he did not them have exhausted whatever savings 28, 2011.’’. include it in his UC. So that was the they had to try to keep their homes The PRESIDING OFFICER. The Sen- reason I asked to pay for it. and their families together. They are ator from Kentucky. Mr. REID. Mr. President, I don’t literally living on unemployment in- Mr. BUNNING. Mr. President, I want to delay this any longer than nec- surance benefits. would like to go back past the original essary. I don’t know how we could be Come Saturday or Sunday, thousands bill we just passed for the extension for more fair. I have not talked with my of people in my State and literally a year and explain what my amend- Democratic Senators, but I think there more than 1 million Americans will see ment did to the original text the leader may be some Senators on this side of their unemployment benefits stop; was propounding. I paid for it, and I the aisle who agree with Senator 65,000 people in Illinois will lose their paid for it out of stimulus money. BUNNING. That is why we are here. unemployment insurance benefits if we We passed in this body just last week Right now, we are in a very difficult do not extend this; 1.2 million Ameri- a pay-go that is extended to all the predicament. I think it would be too cans nationwide will lose their unem- bills that come through this body. We bad if people whose unemployment in- ployment benefits. passed a bill earlier this week on which surance is being terminated—all we are It is all right for us to debate. It is we did not do pay-go. We did not pay asking for is a few weeks, and then certainly our job to offer amendments for it—at least $10 billion of it. The after the extension it will give us time if we believe something should be

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S738 CONGRESSIONAL RECORD — SENATE February 24, 2010 amended. But at the end of the day I votes to lead a governing coalition after the that there are consequences for facilitating think we have to be sensitive and con- election, has suspended his campaign. . . . the deaths of Americans, for sponsoring ter- scious of the fact that a lot of people Many Sunni leaders are talking about a boy- rorism, for building nuclear weapons, for will start to suffer in ways that most cott.’’ ruthlessly oppressing Iranians at home, and The most serious concern here is not that for undermining the election process in Iraq. of us cannot imagine. When they lose Iraqi democracy is fledgling and flawed—we At the very least, Obama should slow down their unemployment benefits and their knew that. What’s troubling is the fact that the pace of American troop withdrawals in savings are exhausted, they are about Iran’s militant jihadi rulers are apparently Iraq and impose serious sanctions—the kind to lose their homes. I have seen that manipulating the process—with impunity. envisioned by the legislation recently passed happen, and it is going to continue to Most Iraqis do not want their country to by both the House and the Senate. be controlled by Iran. Most do not want it to happen. But Biden said nothing about sanctions to become an Iranian satrapy like Syria, Iraq’s Larry King. Instead he told him (and any Let’s do the right thing. Let’s find a neighbor to the west. Most Iraqis do not way through this difficulty. Let’s try Iranians who might be listening): ‘‘You’re want to live as Iranians have been living— going to see 90,000 American troops come to find a reasonable way to resolve it. under the thumb of oppressive theocrats and marching home by the end of the summer.’’ Let’s not leave here and go to the com- thuggish Revolutionary Guards. The vice president added: ‘‘You’re going to But Iraqis know that American troops—the fort and happiness of our families with see a stable government in Iraq that is actu- ‘‘strongest tribe’’—are leaving. The bullies in these people disadvantaged. ally moving toward a representative govern- Tehran, by contrast, may be staying right ment. I spent—I’ve been there 17 times now. f where they are. Iran’s rulers can give you I go about every two months—three months. money and weapons. Or they and their I know every one of the major players in all IRANIAN INFLUENCE IN IRAQ treacherous agents in Iraq can have you the segments of that society. It’s impressed eliminated. Mr. KYL. Mr. President, last week, me. I’ve been impressed how they have been Clifford May, the president of the The fact that Ali al-Lami is playing a cen- tral role in determining who can and who deciding to use the political process rather Foundation for the Defense of Democ- cannot run for election is—or should be— than guns to settle their differences.’’ racies, wrote in the National Review alarming. In 2008, he was detained by Amer- True: Biden has been a frequent flier to that the U.S. should renew its focus on ican forces in connection with an Iranian- Iraq, where he has argued against the ban- the Iranian regime’s influence in Iraq. backed ‘‘Special Groups’’ militia believed to ning of candidates who displease Tehran. He warned that the success of the surge have bombed a municipal building, killing Also true: He might as well have been talk- two State Department employees along with ing to a wall. in Iraq, which both the President and Iraq remains what it has been: a pivotal Vice President opposed when they six Iraqis. A ‘‘senior U.S. military intel- ligence official’’ told the Associated Press nation in the heart of the Middle East. Biden served in this body, could be trans- there were ‘‘multiple and corroborating re- may think he and his administration have formed into a ‘‘bipartisan failure’’ if we ports’’ pointing to al-Lami’s involvement. achieved something there. Obama may see don’t increase pressure on the Iranian Abdul Rahman al-Rashed, the general Iraq as a distraction from the war against regime. manager of al-Arabiya television, writing in ‘‘the real enemy’’ in Afghanistan. Conserv- Mr. President, I ask unanimous con- the international Arabic daily Asharq atives may view Iraq as a success Obama in- Alawsat, recently called al-Lami ‘‘the man herited from the Bush administration—and sent to have printed in the RECORD the to fear in Iraq. . . . He shows his claws at therefore no longer their problem. article to which I just referred. anyone who dares oppose him and he accuses All these views are wrong. It would be a There being no objection, the mate- his opponents of Baathism,’’ including even cruel irony—not to mention a terrible de- rial was ordered to be printed in the Gen. David Petraeus ‘‘who has fought the feat—if the sacrifices Americans have made RECORD, as follows: Baathists the most and if it weren’t for him, were, in the end, to produce an Iraq domi- [From the National Review] al-Lami would not be able to reach his home nated by Iranian Supreme Leader Ali in one piece. Al-Lami accused Petraeus of Khamenei and President Mahmoud WHO’S LOSING IRAQ? Baathism (nobody has ever spoken such non- Ahmadinijad, enemies of Iraq, freedom, and AND COULD IRAN BE WINNING? sense) and said that if General Petraeus was democracy—enemies sworn to bringing about (By Clifford D. May) Iraqi he would have been charged under the a ‘‘world without America.’’ ‘‘I am very optimistic about—about Iraq. I Debaathification law.’’ Why don’t Biden and Obama recognize mean, this could be one of the great achieve- In an interview with the Times (U.K.), that? And why are their critics not more ments of this administration.’’ Petraeus pointedly noted that al-Lami’s vocal about the fact that they do not? panel has been linked with Iran’s Revolu- Vice President Joseph Biden’s comments f to CNN’s Larry King sparked a brouhaha for tionary Guard. And on Tuesday, Gen. Ray Odierno, the senior U.S. commander in Iraq, an obvious reason: When they were senators, VOTE EXPLANATION identified al-Lami as one of two Iraqi politi- Biden and Barack Obama opposed the cians ‘‘clearly . . . influenced by Iran.’’ Mr. MCCAIN. Mr. President, today I ‘‘surge’’ that averted America’s defeat in The ‘‘surge’’ implemented by Petraeus, missed rollcall vote No. 24, the motion Iraq. It takes chutzpah for them to now Odierno, and their troops was largely respon- claim credit for the fruits of that strategy. to waive the Budget Act with respect sible for the defeat of al-Qaeda in Iraq—the to the motion to concur in the House But a less obvious and more significant battlefield Osama bin Laden considered more point is being missed: Iraq may, in the end, consequential than any other. But Iran’s amendment to the Senate amendment turn out to be nobody’s achievement. It may proxy militias fought U.S. troops, too. And to H.R. 2847, with the Reid amendment turn out to be a military success trans- many Americans were killed by explosive de- No. 3310. I was regrettably detained due formed by politicians and diplomats into a vices manufactured in Iran and sent to Iraq to the fact that I was serving as the bipartisan failure. Recent developments in for that purpose. ranking member at a Senate Armed Iraq are ominous. The Obama administration Yet Iran’s contribution to the bloodshed in is not addressing them effectively. And con- Services Committee hearing. If I had Iraq was consistently downplayed. To high- been present, I would have voted to servative critics of the Obama administra- light it would have led to the question: ‘‘So tion are strangely silent. what are you going to do about it?’’ And the sustain the point of order. Robert Dreyfus is a journalist of the left Bush administration did not want to do any- f with whom I seldom agree; he writes for The thing about it—just as the Clinton adminis- Nation, a publication of the far left that usu- tration did not want to do anything about ADDITIONAL STATEMENTS ally makes my eyes roll. But in his Nation Iran’s role in the slaughter of American serv- blog, Dreyfus correctly notes that as the icemen at Khobar Towers in 1996, just as the campaign gets underway for Iraq’s March 7 Reagan administration did not want to do RECOGNIZING BULL MOOSE MUSIC elections, close to 500 candidates have been anything about Iran’s dispatching of ∑ banned for alleged ties to the Baath Party by Hezbollah suicide-bombers to kill Americans Ms. SNOWE. Mr. President, each day the Justice and Accountability Council, ‘‘an in Beirut in 1983, and just as the Carter ad- we read too many stories of small busi- unelected panel headed by an Iran-linked ministration did not want to do anything nesses unable to weather the current terrorist, Ali al-Lami.’’ about the seizure of the American Embassy economic storm. Countless small firms Among those barred are ‘‘the No. 2 and No. in Tehran in 1979. both in Maine and across the Nation 3 candidates in the main opposition bloc, the Ayatollah Ruhollah Khomeini, the father have been unable to compete with large Iraqi Nationalist Movement, which is led by of Iran’s 1979 Islamic Revolution, concluded: chain stores and have been literally former Prime Minister Iyad Allawi [a secular ‘‘America cannot do a damn thing!’’ The priced out of the market. Thankfully, Shia]. Already, two members of Allawi’s phrase has been repeated by Iranian rulers party have been assassinated while cam- ever since. today I wish to tell an inspirational paigning. . . . Allawi, who many observers President Obama ought to break with this success story and recognize a local re- say had a credible chance of winning enough pattern of fecklessness. He should show Iran tailer in my home State of Maine that

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S739 has met the challenges of this difficult stacles it faces in today’s market. Sto- MEASURES REFERRED economic climate head on and con- ries such as this should renew our focus The following bill was read the first tinues to grow and thrive. to help small entrepreneurs succeed be- and the second times by unanimous Bull Moose is a small retail chain cause as small businesses like Bull consent, and referred as indicated: originally founded in Brunswick, ME. Moose continue to grow, they provide a H.R. 3695. An act to authorize funding for, The company initially focused on pro- substantial positive impact on the viding its customers solely with music and increase accessibility to, the National health of the local community and our Missing and Unidentified Persons System, to but has now branched out into many overall economy. My home State of facilitate data sharing between such system forms of entertainment and media, in- Maine has benefited greatly from Bull and the National Crime Information Center cluding movies, games, and books. Its Moose’s success, and I wish Mr. database of the Federal Bureau of Investiga- founder and president, Brett Wickard, Wickard and everyone at Bull Moose tion, to provide incentive grants to help fa- characterizes Bull Moose as selling continued success for years to come.∑ cilitate reporting to such systems, and for ‘‘inexpensive fun stuff.’’ Twenty years other purposes; to the Committee on the Ju- ago, when Mr. Wickard was a college f diciary. student at Brunswick’s Bowdoin Col- MESSAGES FROM THE PRESIDENT f lege, the local record store closed Messages from the President of the EXECUTIVE AND OTHER down. Now many of us would have just COMMUNICATIONS found another place to buy cassettes or United States were communicated to records, but this young Bowdoin entre- the Senate by Mr. Williams, one of his The following communications were preneur had a different idea. With just secretaries. laid before the Senate, together with accompanying papers, reports, and doc- $7,000 of his own money and a small f loan, Brett Wickard launched Bull uments, and were referred as indicated: Moose Music in the summer of 1989, EXECUTIVE MESSAGES REFERRED EC–4796. A communication from the Direc- and a truly homegrown business suc- As in executive session the Presiding tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, cess story began. Mr. Wickard arranged Officer laid before the Senate messages his course schedule around his new Environmental Protection Agency, transmit- from the President of the United ting, pursuant to law, the report of a rule en- store hours and had friends work in the States submitting sundry nominations store while he was in class. titled ‘‘Laminarin; Exemption from the Re- which were referred to the appropriate quirement of a Tolerance’’ (FRL No. 8812–1) The Bull Moose business plan began committees. received during adjournment of the Senate by looking up record distributors in (The nominations received today are in the Office of the President of the Senate the Yellow Pages and ordering one printed at the end of the Senate pro- on February 19, 2010; to the Committee on album by every artist and band that ceedings.) Agriculture, Nutrition, and Forestry. had released at least two albums. The EC–4797. A communication from the Direc- thought process was if you made a sec- f tor of the Regulatory Management Division, ond album, you must be a good band. Office of Policy, Economics, and Innovation, MESSAGES FROM THE HOUSE In the first summer, Bull Moose Music Environmental Protection Agency, transmit- had sales of barely $100 a day, and At 9:37 a.m., a message from the ting, pursuant to law, the report of a rule en- House of Representatives, delivered by titled ‘‘Trichoderma gamsii strain ICC 080; Brett was forced to use his credit card Exemption from the Requirement of a Toler- as a tool to survive. But with dedica- Mr. Novotny, one of its reading clerks, ance’’ (FRL No. 8799–4) received during ad- tion and perseverance, Bull Moose has announced that the House has passed journment of the Senate in the Office of the grown from these humble beginnings in the following bill, in which it requests President of the Senate on February 19, 2010; Brunswick to include 10 stores in both the concurrence of the Senate: to the Committee on Agriculture, Nutrition, Maine and New Hampshire with over H.R. 3695. An act to authorize funding for, and Forestry. 100 employees. To keep up with the and increase accessibility to, the National EC–4798. A communication from the Direc- added demand, the company has now Missing and Unidentified Persons System, to tor of the Regulatory Management Division, produced its own software to analyze facilitate data sharing between such system Office of Policy, Economics, and Innovation, and the National Crime Information Center Environmental Protection Agency, transmit- which albums and artists it should ting, pursuant to law, the report of a rule en- carry based on the purchasing history database of the Federal Bureau of Investiga- tion, to provide incentive grants to help fa- titled ‘‘Nicosulfuron; Pesticide Tolerances of each of the store’s customers. Mr. cilitate reporting to such systems, and for for Emergency Exemptions’’ (FRL No. 8812–5) Wickard actually designed the Bull other purposes. received during adjournment of the Senate Moose purchasing software as his sen- in the Office of the President of the Senate ior project while still a Bowdoin stu- At 12:51 p.m., a message from the on February 19, 2010; to the Committee on dent—quite an upgrade from scouring House of Representatives, delivered by Agriculture, Nutrition, and Forestry. the Yellow Pages! Mr. Novotny, one of its reading clerks, EC–4799. A communication from the Ad- ministrator of the National Organic Pro- Bull Moose recently celebrated its announced that the House has passed 20th anniversary and is on track to gram, Agricultural Marketing Service, De- the following bill, in which it requests partment of Agriculture, transmitting, pur- have its best year ever despite the cur- the concurrence of the Senate: suant to law, the report of a rule entitled rent recession. Nevertheless, it con- H.R. 2314. An act to express the policy of ‘‘National Organic Program; Access to Pas- tinues to face the challenges con- the United States regarding the United ture (Livestock)’’ ((Docket No. AMS–TM–06– fronting many small businesses. Be- States relationship with Native Hawaiians 0198)(RIN0581–AC57)) received in the Office of yond the severity of the economic and to provide a process for the recognition the President of the Senate on February 23, downturn, large chain stores make it by the United States of the Native Hawaiian 2010; to the Committee on Agriculture, Nu- increasingly difficult to compete, and governing entity. trition, and Forestry. EC–4800. A communication from the Ad- digital downloads of music have re- ENROLLED BILL SIGNED duced the number of customers buying ministrator of the Research and Promotion At 2:35 p.m., a message from the Branch, Agricultural Marketing Service, De- music in stores. As a result of these House of Representatives, delivered by partment of Agriculture, transmitting, pur- overwhelming roadblocks, many small Mrs. Cole, one of its reading clerks, an- suant to law, the report of a rule entitled businesses have been forced to cut staff nounced that the Speaker has signed ‘‘Processed Raspberry Promotion, Research, and eliminate bonuses. In contrast, the following enrolled bill: and Information Order; Referendum Proce- Bull Moose has tripled Christmas bo- 4532. An act to provide for permanent ex- dures’’ ((Docket Nos. AMS–FV–07–0077; FV– nuses and continues to hire more staff, tension of the attorney fee withholding pro- 07–705–FR)(RIN0581–AC79)) received in the Of- including a location in Bangor, ME, cedures under title II of the Social Security fice of the President of the Senate on Feb- that has tripled in size. Mr. Wickard Act to title XVI of such Act, and to provide ruary 23, 2010; to the Committee on Agri- credits Bull Moose’s commitment to for permanent extension of such procedures culture, Nutrition, and Forestry. EC–4801. A communication from the Ad- customer service and convenience to under titles II and XVI of such Act to quali- fied non-attorney representatives. ministrator of the Fruit and Vegetable Pro- their unprecedented success and grams, Agricultural Marketing Service, De- growth. The enrolled bill was subsequently partment of Agriculture, transmitting, pur- It is indeed refreshing to see a superb signed by the President pro tempore suant to law, the report of a rule entitled small business overcome the many ob- (Mr. BYRD). ‘‘Grapes Grown in a Designated Area of

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S740 CONGRESSIONAL RECORD — SENATE February 24, 2010 Southeastern California and Imported Table ury, transmitting, pursuant to law, the re- of the Senate in the Office of the President Grapes; Change in Regulatory Periods’’ port of a rule entitled ‘‘Risk-Based Capital of the Senate on February 12, 2010; to the (Docket Nos. AMS–FV–06–0184; FV03–925–1 Guidelines; Capital Adequacy Guidelines; Committee on Commerce, Science, and FIR) received in the Office of the President Capital Maintenance: Regulatory Capital; Transportation. of the Senate on February 23, 2010; to the Impact of Modifications to Generally Ac- EC–4820. A communication from the Chair- Committee on Agriculture, Nutrition, and cepted Accounting Principles; Consolidation man of the Council of the District of Colum- Forestry. of Asset-Backed Commercial Paper Pro- bia, transmitting, pursuant to law, a report EC–4802. A communication from the Sec- grams; and Other Related Issues’’ (RIN1557– on D.C. Act 18–306, ‘‘Department of Small retary of Health and Human Services, trans- AD26) received during adjournment of the and Local Business Development Amend- mitting, pursuant to law, a report entitled Senate in the Office of the President of the ment Act of 2009’’; to the Committee on ‘‘Child Welfare Outcomes 2003–2006: Report to Senate on February 19, 2010; to the Com- Homeland Security and Governmental Af- Congress’’; to the Committee on Finance. mittee on Banking, Housing, and Urban Af- fairs. EC–4803. A communication from the Chief fairs. EC–4821. A communication from the Chair- of the Publications and Regulations Branch, EC–4813. A communication from the Direc- man of the Council of the District of Colum- Internal Revenue Service, Department of the tor of the Regulatory Management Division, bia, transmitting, pursuant to law, a report Treasury, transmitting, pursuant to law, the Office of Policy, Economics, and Innovation, on D.C. Act 18–307, ‘‘Pre-k Acceleration and report of a rule entitled ‘‘Revenue Ruling: Environmental Protection Agency, transmit- Clarification Temporary Amendment Act of 2010 Prevailing State Assumed Interest ting, a report entitled ‘‘Final Clarification 2010’’; to the Committee on Homeland Secu- Rates’’ (Rev. Rul. 2010–7) received in the Of- for Chemical Identification Describing Acti- rity and Governmental Affairs. fice of the President of the Senate on Feb- vated Phosphors for TSCA Inventory Pur- EC–4822. A communication from the Chair- ruary 23, 2010; to the Committee on Finance. poses’’; to the Committee on Environment man of the Council of the District of Colum- EC–4804. A communication from the Chief and Public Works. bia, transmitting, pursuant to law, a report of the Publications and Regulations Branch, EC–4814. A communication from the Direc- on D.C. Act 18–308, ‘‘Old Morgan School Internal Revenue Service, Department of the tor of the Regulatory Management Division, Place, N.W. Renaming Temporary Amend- Treasury, transmitting, pursuant to law, the Office of Policy, Economics, and Innovation, ment Act of 2010’’; to the Committee on report of a rule entitled ‘‘Applicable Federal Environmental Protection Agency, transmit- Homeland Security and Governmental Af- Rates—March 2010’’ (Rev. Rul. 2010–8) re- ting, pursuant to law, the report of a rule en- fairs. ceived in the Office of the President of the titled ‘‘Approval and Promulgation of Air EC–4823. A communication from the Asso- Senate on February 23, 2010; to the Com- Quality Implementation Plans; Indiana; ciate General Counsel for General Law, De- mittee on Finance. Volatile Organic Compound Emission Con- partment of Homeland Security, transmit- EC–4805. A communication from the Chief trol Measures for Lake and Porter Counties ting, pursuant to law, a report relative to a of the Publications and Regulations Branch, in Indiana’’ (FRL No. 9107–2) received during vacancy in the position of Commissioner, Internal Revenue Service, Department of the adjournment of the Senate in the Office of U.S. Customs and Border Protection, re- Treasury, transmitting, pursuant to law, the the President of the Senate on February 19, ceived in the Office of the President of the report of a rule entitled ‘‘Correction to Com- 2010; to the Committee on Environment and Senate on February 2, 2010; to the Com- posite Loss Discount Factor for Nonpropor- Public Works. mittee on Homeland Security and Govern- tional Assumed Property Reinsurance in EC–4815. A communication from the Direc- mental Affairs. Revenue Procedure 2009–55’’ (Ann. 2010–11) re- tor of the Regulatory Management Division, EC–4824. A communication from the Asso- ceived in the Office of the President of the Office of Policy, Economics, and Innovation, ciate General Counsel for General Law, De- Senate on February 23, 2010; to the Com- Environmental Protection Agency, transmit- partment of Homeland Security, transmit- mittee on Finance. ting, pursuant to law, the report of a rule en- ting, pursuant to law, a report relative to a EC–4806. A communication from the Chief titled ‘‘Approval and Promulgation of Air vacancy in the position of Deputy Adminis- of the Publications and Regulations Branch, Quality Implementation Plans; Virginia Re- trator, Federal Emergency Management Internal Revenue Service, Department of the visions to the Definition of Volatile Organic Agency, received in the Office of the Presi- Treasury, transmitting, pursuant to law, the Compound and Other Terms’’ (FRL No. 9116– dent of the Senate on February 2, 2010; to the report of a rule entitled ‘‘Notice: Qualified 1) received during adjournment of the Senate Committee on Homeland Security and Gov- Zone Academy Bond Allocations for 2010’’ in the Office of the President of the Senate ernmental Affairs. (Notice 2010–22) received in the Office of the on February 19, 2010; to the Committee on EC–4825. A communication from the Sec- President of the Senate on February 23, 2010; Environment and Public Works. retary of the Department of the Interior, EC–4816. A communication from the Direc- to the Committee on Finance. transmitting, a report relative to the man- EC–4807. A communication from the Direc- tor of the Regulatory Management Division, agement of individual Indian trust accounts; tor of Defense Procurement and Acquisition Office of Policy, Economics, and Innovation, to the Committee on Indian Affairs. Policy, Department of Defense, transmit- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- f titled ‘‘Whistleblower Protections for Con- titled ‘‘Approval and Promulgation of Air tractor Employees’’ (DFARS Case 2008–D012) Quality Implementation Plans; Virginia; REPORTS OF COMMITTEES received in the Office of the President of the Opacity Source Surveillance Methods’’ (FRL The following reports of committees Senate on February 22, 2010; to the Com- No. 9115–9) received during adjournment of were submitted: mittee on Armed Services. the Senate in the Office of the President of By Mr. KERRY, from the Committee on EC–4808. A communication from the Sec- the Senate on February 19, 2010; to the Com- Foreign Relations, without amendment and retary of Defense, transmitting a report on mittee on Environment and Public Works. with a preamble: the approved retirement of Lieutenant Gen- EC–4817. A communication from the Direc- S. Res. 404. A resolution supporting full eral Emerson N. Gardner, Jr., United States tor of the Regulatory Management Division, implementation of the Comprehensive Peace Marine Corps, and his advancement to the Office of Policy, Economics, and Innovation, Agreement and other efforts to promote grade of lieutenant general on the retired Environmental Protection Agency, transmit- peace and stability in Sudan, and for other list; to the Committee on Armed Services. ting, pursuant to law, the report of a rule en- EC–4809. A communication from the Dep- titled ‘‘National Emission Standards for Haz- purposes. uty Secretary of Defense, Department of De- ardous Air Pollutants for Reciprocating In- S. Res. 414. A resolution expressing the fense, transmitting, pursuant to law, a re- ternal Combustion Engines’’ (FRL No. 9115– Sense of the Senate on the recovery, reha- port relative to Taiwan’s Air Defense Force; 7) received during adjournment of the Senate bilitation, and rebuilding of Haiti following to the Committee on Armed Services. in the Office of the President of the Senate the humanitarian crisis caused by the Janu- EC–4810. A communication from the Sec- on February 19, 2010; to the Committee on ary 12, 2010, earthquake in Haiti. retary of Energy, transmitting, pursuant to Environment and Public Works. f law, the Department of Energy’s Fiscal Year EC–4818. A communication from the Ad- 2009 Competitive Sourcing Activity Report; ministrator of the Federal Aviation Admin- EXECUTIVE REPORTS OF to the Committee on Energy and Natural Re- istration, Department of Transportation, COMMITTEE sources. transmitting, pursuant to law, a report enti- The following executive reports of EC–4811. A communication from the Execu- tled ‘‘National Airspace System Capital In- tive Director, Federal Energy Regulatory vestment Plan FY 2011 through 2015’’; to the nominations were submitted: Commission, transmitting, pursuant to law, Committee on Commerce, Science, and By Mr. KERRY for the Committee on For- the report of a rule entitled ‘‘Annual Update Transportation. eign Relations. of Filing Fees’’ (RIN1902–AD90) received in EC–4819. A communication from the Assist- *Donald E. Booth, of Virginia, a Career the Office of the President of the Senate on ant General Counsel for Regulatory Affairs, Member of the Senior Foreign Service, Class February 22, 2010; to the Committee on En- Consumer Product Safety Commission, of Minister-Counselor, to be Ambassador Ex- ergy and Natural Resources. transmitting, pursuant to law, the report of traordinary and Plenipotentiary of the EC–4812. A communication from the Regu- a rule entitled ‘‘Guidelines and Require- United States of America to the Federal latory Specialist, Office of the Comptroller ments for Mandatory Recall Notices’’ (16 Democratic Republic of Ethiopia. of the Currency, Department of the Treas- CFR Part 1115) received during adjournment Nominee: Donald Ernest Booth.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S741 Post: Ambassador to Ethiopia. Fund; $1,000, 2/29/08, Judy Feder for Congress; 1. David I. Adelman, $250, 2/29/08, Friends of (The following is a list of all members of $2,000, 12/25/07, Loesback for Congress; $2,000, John Barrow; $2,300, 3/18/07, Obama for Amer- my immediate family and their spouses. I 11/16/07, Ken Salazar for Senate; $2,300, 8/24/07, ica; $250, 7/14/08, John Lewis/Congress; $500, 9/ have asked each of these persons to inform Barack Obama for America; $2,000, 7/18/07, 4/08, Martin for Senate Inc.; $2,300, 10/13/08, me of the pertinent contributions made by Citizens for Arlen Specter; $2,300, 6/25/07, Obama Victory Fund; $250, 12/6/05, Friends of them. To the best of my knowledge, the in- Barack Obama for America; $2,100, 10/26/06, John Barrow; $500, 2/9/06, Forward Together formation contained in this report is com- Steele for Maryland; $2,100, 10/20/06, Harold PAC (Sen. Mark Warner); $250, 7/20/06, Com- plete and accurate.) Ford Jr. for Tennessee; $4,000, 8/30/06, People mittee to Elect Hank Johnson; $250, 5/3/06, Contributions, amount, date, and donee: for Carl Andrews; $4,000, 8/29/06, Rangel for Evan Bayh Committee. 1. Self: None. Congress; $2,000, 7/5/06, Committee to Re- 2. Spouse: Caroline A. Aronovitz: None. 2. Spouse: Anita S. Booth: None. Elect Ed Towns; $2,000, 3/22/06, Chris Owens 3. Oscar Adelman, Minor: None; Leah 3. Children and Spouses: Alison L. Booth, for Congress; $5,000, 9/27/05, Hope Fund; $2,500, Adelman, Minor: None; Avery Adelman, none; Peter R. Booth, none; David I. Booth, 2/14/05, ROYB Fund. Minor: None. none. 2. Anthony Welters: $1,900, Nov 2009, People 4. Parents: Nelson Adelman (Father), None; 4. Parents: John E. Booth (deceased), none; for Carl Andrews; $2,300, 1/7/09, Hillary For Donna Adelman (Mother), None. Eileen R. Booth (deceased), none. President Debt Relief; $5,000, Jan–Dec/2008, 5. Grandparents: Sue Dahab, None. 5. Grandparents: Ernest Ford (deceased), United for Health PAC; $4,600, 11/13/08, Relect 6. Brother: Mark Adelman, None; Sister-in- none; Lena Ford (deceased), none, Edward Ed Towns—Primary/General 2010; $5,000, 11/ Law: Becky Adelman, None. Booth (deceased), none; Margaret Booth (de- 13/08, Effective Leadership PAC; $2,300, 10/31/ 7. Sisters and Spouses: NA. ceased), none. 08, Pat Murphy for Congress; $2,300, 10/23/08, 6. Brothers and Spouses: John L. Booth, Citizens for Bobby Rush; $2,300, 9/19/08, San- *Harry K. Thomas, Jr., of New York, a Ca- none; Tibby Booth, none. ford Bishop of Congress; $5,000, 9/16/08, Com- reer Member of the Senior Foreign Service, 7. Sisters and Spouses: Camilla Noyes, mittee for Change; $4,600, 9/8/08, Friends of Class of Minister-Counselor, to be Ambas- none; George Noyes, none. Byron Dorgan; $1,000, 7/9/08, Nelson for Sen- sador Extraordinary and Plenipotentiary of ate; $28,500, 6/30/08, Democrat for White the United States of America to the Republic *Scott H. DeLisi, of Minnesota, a Career House Victory Fund; $2,300, 5/14/08, Com- of the Philippines. Member of the Senior Foreign Service, Class mittee to Re-Elect Ed Towns; $2,300, 3/8/08, Nominee: Harry K. Thomas Jr. of Minister-Counselor, to be Ambassador Ex- Myers for Congress Committee; $2,300, 2/26/08, Post: Manila. traordinary and Plenipotentiary of the Rudy Giuliani Presidential Campaign; $5,000, (The following is a list of all members of United States of America to the Federal Jan–Dec/2007, United for Health PAC; $2,300, my immediate family and their spouses. I Democratic Republic of Nepal. 8/24/07, Barack Obama for America; $2,300, 8/ have asked each of these persons to inform Nominee: Scott H. DeLisi. 16/07, Thompson for President; $2,000, 7/18/07, me of the pertinent contributions made by Post: Kathmandu, Nepal. Citizens for Arlen Spector; $2,300, 6/25/07, them. To the best of my knowledge, the in- (The following is a list of all members of Barack Obama for America; $1,000, 5/28/07, formation contained in this report is com- my immediate family and their spouses. I Committee to Re-Elect Ed Towns; $4,200, 4/23/ plete and accurate.) have asked each of these persons to inform 07, Giffords For Congress; $4,600, 4/18/07, Contributions, amount, date, and donee: me of the pertinent contributions made by Thompson for President; $4,600, 4/12/07, Rudy 1. Self: 150, 10/08, Obama for America. them. To the best of my knowledge, the in- Giuliani Presidential Campaign; $5,000, Jan- 2. Spouse: None. formation contained in this report is com- Dec/2006, United for Health PAC; $2,100, 10/26/ 3. Children and Spouses: Ericka Smith- plete and accurate.) 06, Steele for Maryland; $4,200, 10/23/06, Har- Thomas (spouse); Casey Thomas (daughter). 4. Parents: Harry K. Thomas Sr. (deceased) Contributions, amount, date, and donee: old Ford Jr. for Tennessee; $2,100, 10/20/06, Hildonia M. Thomas, None. Self: $112.58, Oct. ’08, Obama Presidential Harold Ford Jr. for Tennessee; $3,000, 10/17/06, 5. Grandparents: Charles McClary, Merie Campaign 2008. MIKER Fund; $175, 10/5/06, Kean for Senate; McClary, Frank Thomas, Mary Thomas (all Spouse: Leija C. DeLisi: $80.00, Oct. ’08, $4,000, 8/29/06, Rangel for Congress; $4,000, 8/29/ deceased), None. Obama Presidential Campaign 2008. 06, People for Carl Andrews; $1,000, 7/7/06, 6. Sisters and Spouses: Nelda Canada, Dan- Children and spouses: Daughter/Son-in-law. Committee to Re-Elect Ed Towns; $2,000, 3/22/ iel Canada: 200, 7/08, Obama for America; 50, Tjiama & Joe Saitta, $75.00, Oct. ’08, Obama 06, Chris Owens for Congress; $5,000, Jan–Dec/ 6/8, DNC. Presidential Campaign 2008; Son: Anthony 2005, United for Health PAC; $2,500, 12/22/05, DeLisi, $120.00; Son: Joe DeLisi, None. Reynolds for Congress; $2,000, 12/21/05, Snowe Parents: Glorie A. DeLisi, $75.00, Oct. ’08, *Allan J. Katz, of Florida, to be Ambas- for Senate; $5,000, 9/27/05, Hope Fund; $2,000, 3/ Obama Presidential Campaign 2008; Joseph sador Extraordinary and Plenipotentiary of 12/05, Committee to Re-Elect Ed Towns; DeLisi (deceased). the United States of America to the Por- $2,000, 7/12/05, Reynolds for Congress; $1,000, 7/ Grandparents: Agostino and Antonella tuguese Republic. 12/05, Sweeny for Congress; $4,000, 6/30/05, DeLisi (deceased), none; Elmer and Kath- Nominee: Allan J. Katz. Citizens for Bobby Rush; $4,200, 4/18/05, Mark erine Minea (deceased). (The following is a list of all members of Kennedy for Senate; $2,500, 3/7/05, ROYB Brothers and spouses: Andrew and Ida my immediate family and their spouses. I Fund. have asked each of these persons to inform DeLisi, none; Daniel (deceased) and Jill 3. Andrew Welters: $2,500, 4/29/09, Friends of me of the pertinent contributions made by DeLisi. Byron Dorgan; $5,000, 9/24/08, Committee for Sisters and Spouses: Sister: Deborah them. To the best of my knowledge, the in- Change; $2,300, 8/28/08, Hillary Clinton for Hannigan, $2,200.00, Oct. ’08, Obama Presi- formation contained in this report is com- President; $2,300, 6/30/08, Barack Obama for dential Campaign 2008; Brother-in-law: plete and accurate.) America; $28,500, 6/18/08, Democrat for White James Hannigan, $500.00; Christine and Ed- Contributions, amount, date, and donee: House Victory Fund; $4,600, 10/17/07, Hillary mond Perz, none; Martha and David Bogie, 1. Self: $2,300, 12/17/07, Obama for America; Clinton for President; $2,300, 9/12/07, Barack none. $1,274, 3/3/08, A Lot of People for Dave Obey; Obama for America. $500, 8/22/08, Linda Ketner for Congress; $500, 4. Bryant Welters: $2,500, 4/29/09, Friends of 10/30/08, Joe Garcia for Congress; $2,000, 12/23/ *Beatrice Wilkinson Welters, of Virginia, Byron Dorgan; $5,000, 9/24/08, Committee for 05, Bill Nelson for US Senate; $300, 6/11/04, to be Ambassador Extraordinary and Pleni- Change; $2,300, 8/28/08, Hillary Clinton for Akerman Senterfitt PAC; $300, 6/24/04, potentiary of the United States of America President; $2,300, 6/30/08, Barack Obama for Akerman Senterfitt PAC; $300, 7/15/04, to the Republic of Trinidad and Tobago. America; $28,500, 6/18/08, Democrat for White Akerman Senterfitt PAC; $250, 3/20/08, Su- Nominee: Beatrice Welters. House Victory Fund; $4,600, 10/17/07, Hillary zanne Kosms for Congress; $500, 12/25/07, Post: Trinidad and Tobago. Clinton for President; $2,300, 9/12/07, Barack David Loebsack for Congress; $53.83, 7/31/08, (The following is a list of all members of Obama for America; $2,100, 10/24/06, Harold Obama for America; (53.83), 9/30/08, re- my immediate family and their spouses. I Ford for Tennessee. have asked each of these persons to inform turned—Obama for America; $2,246, 7/31/08, me of the pertinent contributions made by *David Adelman, of Georgia, to be Ambas- Obama for America; ($2,246), 12/31/08, re- them. To the best of my knowledge, the in- sador Extraordinary and Plenipotentiary of turned—Obama for America; $2,300, 7/31/08, formation contained in this report is com- the United States of America to the Republic Obama for America; $1,000, 9/5/02, Florida plete and accurate.) of Singapore. Leadership PAC; $350, 5/9/01, Grassley Com- Name, amount, date, and campaign: Nominee: David I. Adelman. mittee Inc.; $250, 3/31/00, Patsy Kurth for con- 1. Beatrice Welters: $1,900, Nov 2009, People Post: gress; $1,000, 2/12/02, Friends of Max Cleland; for Carl Andrews; $2,300, 1/7/09, Hillary For (The following is a list of all members of $500, 7/11/03, Bob Graham for President; $250, President Debt Relief; $4,600, 11/12/08, Reelect my immediate family and their spouses. I 6/27/01, Citizens for Mark Shriver; $500, 12/23/ Ed Towns—Primary/General 2010; $5,000, 9/17/ have asked each of these persons to inform 03, Wasserman-Schultz for Congress; $250, 9/ 08, Committee for Change; $5,000, 9/16/08, me of the pertinent contributions made by 30/03, Dean for President; $873, 3/8/01, A Lot of Committee for Change; $3,000, 8/25/08, Friends them. To the best of my knowledge, the in- People for Dave Obey; $1,000, 10/1/99, Bill Nel- of Byron Dorgan; $5,000, 7/8/08, Democratic formation contained in this report is com- son for US Senate; $500, 4/26/06, Friends of Congressional Campaign Committee; $28,500, plete and accurate.) Hillary; $2,000, 4/19/04, John Kerry for Presi- 6/30/08, Democrat for White House Victory Contributions, amount, date, and donee: dent; $1,000, 3/16/00, Carnahan for Senate

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S742 CONGRESSIONAL RECORD — SENATE February 24, 2010 Committee; $1,000, 3/16/98, Friends of Bob States of America to the Sessions of the United States; to the Committee on the Ju- Graham Committee; $250, 4/11/03, Harold Ford General Assembly of the United Nations dur- diciary. Jr for Tennessee; $300, 8/29/00, DNC Services ing her tenure of service as Alternate Rep- By Mrs. GILLIBRAND: Corporation; $250, 3/17/06, McCaskill for Mis- resentative of the United States of America S. 3030. A bill to amend the Public Works souri; $1,000, 11/1/99, Bill Bradley for Presi- for Special Political Affairs in the United and Economic Development Act of 1965 to dent; $500, 10/21/98, Victory in New York; $500, Nations. eliminate cost-sharing requirements in con- 10/20/98, Schumer ‘98. *Rosemary Anne DiCarlo, of the District of nection with economic adjustment grants Spouse: Nacy E. Cohn: $500, 4/22/05 Ron Columbia, a Career Member of the Senior made to assist communities that have suf- Klein for Congress; $1,000, 6/30/08, Suzanne Foreign Service, Class of Minister-Counselor, fered economic injury as a result of military Kosmas for Congress; $2,300, 3/31/07, Obama to be the Deputy Representative of the base closures and realignments, defense con- for America; $2,300, 7/31/08, Obama for Amer- United States of America to the United Na- tractor reductions in force, and Department ica; $250, 1/18/04, Campaign for Florida’s Fu- tions, with the rank and status of Ambas- of Energy defense-related funding reduc- ture; $1,000, 10/27/04, Campaign for Florida’s sador Extraordinary and Plenipotentiary, tions; to the Committee on Environment and Future; $1,200, 12/19/03, Howard Dean for and the Deputy Representative of the United Public Works. America; $1,000, 3/28/02, Katy Sorenson for States of America in the Security Council of By Mr. LEAHY (for himself and Mr. Congress ($826.00 was returned); $1,000, 12/29/ the United Nations. GRASSLEY): 99, Bill Bradley for President. *Rosemary Anne DiCarlo, of the District of S. 3031. A bill to authorize Drug Free Com- 3. Children and Spouses: Ethan Katz, Son: Columbia, a Career Member of the Senior munities enhancement grants to address Several small contributions, all of which Foreign Service, Class of Minister-Counselor, major emerging drug issues or local drug cri- were less than $100 for which he did not keep to be Representative of the United States of ses; to the Committee on the Judiciary. records: Bradley for President, 1999; McCain America to the Sessions of the General As- By Mr. BARRASSO: for President, 2000; Dean for America, 2003– sembly of the United Nations, during her S. 3032. A bill to prohibit the enforcement 04; Obama for America, 2007–2008. Hagit Katz, tenure of service as Deputy Representative of a climate change interpretive guidance Daughter-in-law: no contributions. Matthew of the United States of America to the issued by the Securities and Exchange Com- Katz, Son: no contributions. United Nations. mission, and for other purposes; to the Com- 4. Parents: Deceased: no contibutions. *Douglas A. Rediker, of Massachusetts, to mittee on Banking, Housing, and Urban Af- 5. Grandparents: Deceased: no contribu- be United States Alternate Executive Direc- fairs. tions. tor of the International Monetary Fund for a By Mr. DURBIN (for himself, Mr. Brothers and Spouses: N/A: no contribu- term of two years. BROWN of Ohio, Mr. HARKIN, and Mr. tions. *Judith Ann Stewart Stock, of Virginia, to FRANKEN): 7. Sisters and Spouses: Joanne Katz: $250, be an Assistant Secretary of State (Edu- S. 3033. A bill to amend title 11, United 10/14/04, DNC Services Corporation; $382, 8/21/ cational and Cultural Affairs). States Code, to improve protections for em- 04, America Coming Together. In addition, ployees and retirees in business bank- several small contributions, all of which Mr. KERRY. Mr. President, for the Committee on Foreign Relations I re- ruptcies; to the Committee on the Judiciary. were less than $100 for which she did not By Mr. SCHUMER (for himself, Mr. keep records: Obama for America, 2007–08; port favorably the following nomina- MENENDEZ, Mr. LAUTENBERG, and Mr. Democratic National Committee, 2008; tion lists which were printed in the WARNER): Carnahan for Senate, 2009. Michelle Bartlett: RECORD on the dates indicated, and ask S. 3034. A bill to require the Secretary of no contributions. unanimous consent, to save the ex- the Treasury to strike medals in commemo- pense of reprinting on the Executive ration of the 10th anniversary of the Sep- *Ian C. Kelly, of Maryland, a Career Mem- Calendar that these nominations lie at tember 11, 2001, terrorist attacks on the ber of the Senior Foreign Service, Class of United States and the establishment of the Minister-Counselor, to be U.S. Representa- the Secretary’s desk for the informa- tion of Senators. National September 11 Memorial & Museum tive to the Organization for Security and Co- at the World Trade Center; to the Committee operation in Europe, with the rank of Am- The PRESIDING OFFICER. Without on Banking, Housing, and Urban Affairs. bassador. objection, it is so ordered. By Mr. BAUCUS (for himself and Mr. Nominee: Ian C. Kelly. *Foreign Service nomination of Earl W. TESTER): The following is a list of all members of Gast. S. 3035. A bill to require a report on the es- my immediate family and their spouses. I *Foreign Service nominations beginning tablishment of a Polytrauma Rehabilitation have each of these persons to inform me of with Suzanne E. Heinen and ending with Ber- Center or Polytrauma Network Site of the the pertinent contributions made by them. nadette Borris, which nominations were re- Department of Veterans Affairs in the north- To the best of my knowledge, the informa- ceived by the Senate and appeared in the ern Rockies or Dakotas, and for other pur- tion contained in this report is complete and CONGRESSIONAL RECORD on November 17, 2009. poses; to the Committee on Veterans’ Af- accurate. *Foreign Service nominations beginning fairs. Contributions, amount, date and donee: with Sean J. Mc Intosh and ending with Wil- By Mr. BAYH (for himself, Ms. COL- 1. Self: none. liam Qian Yu, which nominations were re- LINS, and Mr. LEMIEUX): 2. Spouse: none. ceived by the Senate and appeared in the S. 3036. A bill to establish the Office of the 3. Children and Spouses: Annalisa, William, CONGRESSIONAL RECORD on December 11, 2009. National Alzheimer’s Project; to the Com- John, and Joseph: none. mittee on Health, Education, Labor, and 4. Parents: Stella Kelly and William Kelly: *Nomination was reported with rec- Pensions. $25, 5/16/09, IL RNC; $50, 9/22/08, RNC; $15, 7/18/ ommendation that it be confirmed sub- By Mrs. MCCASKILL (for herself, Mr. 09, RNC; $50, 7/30/08, RNC; $11, 10/06/07, RNC; ject to the nominee’s commitment to FEINGOLD, and Mr. LEAHY): $25, 6/11/08, RNC; $25, 2/12/08, McCain for Pres; respond to requests to appear and tes- S. 3037. A bill to increase oversight of pri- $25, 1/1/08, McCain; $25, 10/31/07, McCain; $25, 9/ tify before any duly constituted com- vate security contractors and establish the 1/07, RNC; $20, 5/14/07, Rep. Maj. Fund; $25, 7/ mittee of the Senate. proper ratio of United States Government se- 16/06, RNC; $25, 4/18/06, RNC. curity personnel to private security contrac- 5. Grandparents: (Deceased): n/a. f 6. Brothers and Spouses: n/a. tors at United States missions where the 7. Sisters and Spouses: Kathryn Rutherford INTRODUCTION OF BILLS AND armed forces are engaged in combat oper- and Abigail Holman: none. JOINT RESOLUTIONS ations; to the Committee on Foreign Rela- tions. The following bills and joint resolu- *Walter Crawford Jones, of Maryland, to be By Mr. DODD (for himself and Mr. tions were introduced, read the first UDALL of New Mexico): United States Director of the African Devel- and second times by unanimous con- opment Bank for a term of five years. S.J. Res. 28. A joint resolution proposing *Ian Hoddy Solomon, of Maryland, to be sent, and referred as indicated: an amendment to the Constitution of the United States Executive Director of the By Mr. KERRY (for himself and Ms. United States relating to contributions and International Bank for Reconstruction and SNOWE): expenditures intended to affect elections; to Development for a term of two years. S. 3028. A bill to amend title XVIII of the the Committee on the Judiciary. *Leocadia Irine Zak, of the District of Co- Social Security Act to eliminate the 190-day f lumbia, to be Director of the Trade and De- lifetime limit on inpatient psychiatric hos- velopment Agency. pital services under the Medicare program; SUBMISSION OF CONCURRENT AND *Brooke D. Anderson, of California, to be to the Committee on Finance. SENATE RESOLUTIONS Alternate Representative of the United By Mr. KERRY (for himself and Mr. The following concurrent resolutions States of America for Special Political Af- LUGAR): fairs in the United Nations, with the rank of S. 3029. A bill to establish an employment- and Senate resolutions were read, and Ambassador. based immigrant visa for alien entrepreneurs referred (or acted upon), as indicated: *Brooke D. Anderson, of California, to be who have received significant capital from By Ms. LANDRIEU (for herself, Mrs. an Alternate Representative of the United investors to establish a business in the LINCOLN, Mr. CHAMBLISS, Mrs.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S743 SHAHEEN, Ms. MURKOWSKI, Mr. the Social Security Act to phase out in the reserve components as quali- BARRASSO, Mr. BYRD, Mr. ISAKSON, the 24-month waiting period for dis- fying service for purposes of Post–9/11 and Mr. BENNETT): abled individuals to become eligible for Educational Assistance Program, and S. Res. 421. A resolution supporting the Medicare benefits, to eliminate the for other purposes. goals and ideals of ‘‘National Guard Youth Challenge Day’’; considered and agreed to. waiting period for individuals with life- S. 2760 threatening conditions, and for other f At the request of Mr. UDALL of New purposes. Mexico, the name of the Senator from ADDITIONAL COSPONSORS S. 753 Michigan (Ms. STABENOW) was added as S. 315 At the request of Mr. SCHUMER, the a cosponsor of S. 2760, a bill to amend At the request of Mr. FEINGOLD, the name of the Senator from California title 38, United States Code, to provide name of the Senator from Pennsyl- (Mrs. BOXER) was added as a cosponsor for an increase in the annual amount vania (Mr. CASEY) was added as a co- of S. 753, a bill to prohibit the manu- authorized to be appropriated to the sponsor of S. 315, a bill to amend title facture, sale, or distribution in com- Secretary of Veterans Affairs to carry 38, United States Code, to improve the merce of children’s food and beverage out comprehensive service programs outreach activities of the Department containers composed of bisphenol A, for homeless veterans. of Veterans Affairs, and for other pur- and for other purposes. S. 2776 poses. S. 886 At the request of Mr. ALEXANDER, the S. 369 At the request of Mr. NELSON of Flor- name of the Senator from Idaho (Mr. At the request of Mr. KOHL, the name ida, the name of the Senator from Lou- CRAPO) was added as a cosponsor of S. of the Senator from North Dakota (Mr. isiana (Ms. LANDRIEU) was added as a 2776, a bill to amend the Energy Policy DORGAN) was added as a cosponsor of S. cosponsor of S. 886, a bill to establish a Act of 2005 to create the right business 369, a bill to prohibit brand name drug program to provide guarantees for debt environment for doubling production of companies from compensating generic issued by State catastrophe insurance clean nuclear energy and other clean drug companies to delay the entry of a programs to assist in the financial re- energy and to create mini-Manhattan generic drug into the market. covery from natural catastrophes. projects for clean energy research and S. 408 S. 1221 development. NOUYE At the request of Mr. I , the At the request of Mr. SPECTER, the S. 2796 name of the Senator from North Caro- name of the Senator from North Caro- At the request of Mr. ENZI, the name lina (Mrs. HAGAN) was added as a co- lina (Mr. BURR) was added as a cospon- of the Senator from South Dakota (Mr. sponsor of S. 408, a bill to amend the sor of S. 1221, a bill to amend title THUNE) was added as a cosponsor of S. Public Health Service Act to provide a XVIII of the Social Security Act to en- 2796, a bill to extend the authority of means for continued improvement in sure more appropriate payment the Secretary of Education to purchase emergency medical services for chil- amounts for drugs and biologicals guaranteed student loans for an addi- dren. under part B of the Medicare Program tional year, and for other purposes. S. 422 by excluding customary prompt pay S. 2919 At the request of Ms. STABENOW, the discounts extended to wholesalers from name of the Senator from Ohio (Mr. the manufacturer’s average sales price. At the request of Mr. UDALL of Colo- BROWN) was added as a cosponsor of S. S. 1321 rado, the name of the Senator from Vermont (Mr. SANDERS) was added as a 422, a bill to amend the Federal Food, At the request of Mr. UDALL of Colo- Drug, and Cosmetic Act and the Public rado, the name of the Senator from Ar- cosponsor of S. 2919, a bill to amend the Federal Credit Union Act to advance Health Service Act to improve the pre- kansas (Mr. PRYOR) was added as a co- vention, diagnosis, and treatment of sponsor of S. 1321, a bill to amend the the ability of credit unions to promote heart disease, stroke, and other cardio- Internal Revenue Code of 1986 to pro- small business growth and economic vascular diseases in women. vide a credit for property labeled under development opportunities, and for other purposes. S. 493 the Environmental Protection Agency At the request of Mr. CASEY, the Water Sense program. S. 2986 names of the Senator from Florida (Mr. S. 1504 At the request of Ms. LANDRIEU, the LEMIEUX) and the Senator from Lou- At the request of Mr. SPECTER, the name of the Senator from Mississippi isiana (Ms. LANDRIEU) were added as name of the Senator from Nevada (Mr. (Mr. COCHRAN) was added as a cospon- cosponsors of S. 493, a bill to amend the REID) was added as a cosponsor of S. sor of S. 2986, a bill to authorize the Internal Revenue Code of 1986 to pro- 1504, a bill to provide that Federal Administrator of the Small Business vide for the establishment of ABLE ac- courts shall not dismiss complaints Administration to waive interest for counts for the care of family members under rule 12(b)(6) or (e) of the Federal certain loans relating to damage with disabilities, and for other pur- Rules of Civil Procedure, except under caused by Hurricane Katrina, Hurri- poses. the standards set forth by the Supreme cane Rita, Hurricane Gustav, or Hurri- S. 504 Court of the United States in Conley v. cane Ike. At the request of Mr. ROBERTS, the Gibson, 355 U.S. 41 (1957). S. 2995 name of the Senator from North Caro- S. 1603 At the request of Mr. CARPER, the lina (Mrs. HAGAN) was added as a co- At the request of Mr. BROWN of Ohio, names of the Senator from New York sponsor of S. 504, a bill to redesignate the name of the Senator from Pennsyl- (Mrs. GILLIBRAND) and the Senator the Department of the Navy as the De- vania (Mr. CASEY) was added as a co- from Connecticut (Mr. DODD) were partment of the Navy and Marine sponsor of S. 1603, a bill to amend sec- added as cosponsors of S. 2995, a bill to Corps. tion 484B of the Higher Education Act amend the Clean Air Act to establish a S. 678 of 1965 to provide for tuition reimburse- national uniform multiple air pollut- At the request of Mr. LEAHY, the ment and loan forgiveness to students ant regulatory program for the electric name of the Senator from Louisiana who withdraw from an institution of generating sector. (Ms. LANDRIEU) was added as a cospon- higher education to serve in the uni- S. RES. 414 sor of S. 678, a bill to reauthorize and formed services, and for other pur- At the request of Mr. KERRY, the improve the Juvenile Justice and De- poses. name of the Senator from Indiana (Mr. linquency Prevention Act of 1974, and S. 1668 LUGAR) was added as a cosponsor of S. for other purposes. At the request of Mr. BENNET, the Res. 414, a resolution expressing the S. 700 name of the Senator from Nebraska Sense of the Senate on the recovery, At the request of Mr. BINGAMAN, the (Mr. JOHANNS) was added as a cospon- rehabilitation, and rebuilding of Haiti name of the Senator from New Jersey sor of S. 1668, a bill to amend title 38, following the humanitarian crisis (Mr. MENENDEZ) was added as a cospon- United States Code, to provide for the caused by the January 12, 2010, earth- sor of S. 700, a bill to amend title II of inclusion of certain active duty service quake in Haiti.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S744 CONGRESSIONAL RECORD — SENATE February 24, 2010 STATEMENTS ON INTRODUCED today, including the AARP, the Amer- In Vermont, we have felt the pres- BILLS AND JOINT RESOLUTIONS ican Hospital Association, the National ence of drug abuse and drug-related By Mr. KERRY (for himself and Association of Psychiatric Health Sys- crime in our communities. The myth Ms. SNOWE): tems, and the American Psychological persists that drug abuse and drug-re- S. 3028. A bill to amend title XVIII of Association. lated crime are only big-city problems, the Social Security Act to eliminate Congress has now acted to address but rural America is also coping with the 190-day lifetime limit on inpatient mental health parity issues for group these issues. I have twice brought the psychiatric hospital services under the health plans and for outpatient Medi- Judiciary Committee to Vermont to Medicare program; to the Committee care services. It is time to end this out- examine these problems and gain per- on Finance. moded law and ensure that bene- spectives to help shape solutions, and I Mr. KERRY. Mr. President, our coun- ficiaries with mental illnesses have ac- hope to hold another field hearing in try has recently taken great steps for- cess to a range of appropriate settings Vermont soon. I know well that law en- ward to support the principles of men- for their care. I look forward to work- forcement alone is not the solution for tal health parity. In 2008, Congress has ing with my colleagues in the Senate our communities. I have long advo- enacted two important pieces of legis- to achieve mental health parity in cated an approach with equal attention lation to end discrimination against Medicare. to law enforcement, prevention and people suffering from mental illnesses. education, and treatment. Congress passed the Paul Wellstone By Mr. LEAHY (for himself and Perhaps the most important compo- and Pete Domenici Mental Health Par- Mr. GRASSLEY): nent in dealing with this crucial prob- ity and Addiction Equity Act of 2008, S. 3031. A bill to authorize Drug Free lem is collaboration. Community anti- MHPAEA, to prohibit the establish- Communities enhancement grants to drug coalitions have a unique ability to ment of discriminatory benefit caps or address major emerging drug issues or build on pre-existing relationships cost-sharing requirements for mental local drug crises; to the Committee on among parents, teachers, students, and health and substance use disorders. the Judiciary. law enforcement, which make them a That same year Congress also passed Mr. LEAHY. Mr. President, today, I critical component in reducing drug the Medicare Improvements for Pa- am pleased to join with Senator GRASS- use. I have consistently supported tients and Protections Act, MIPPA, LEY to introduce the Drug Free Com- funding for these coalitions and was which included legislation introduced munities Enhancement Act of 2010, a pleased that last year 14 Vermont coa- by Senator SNOWE, and myself, the bill to authorize additional Drug Free litions were awarded Drug Free Com- Medicare Mental Health Copayment Communities grants to help address munity grants totaling $1.2 million. Equity Act. This legislation prevented major emerging drug issues and local Last week, I spoke with a number of Medicare beneficiaries from being drug crises. It is crucial that commu- Vermonters representing these commu- charged higher copayments for out- nities around the country have the nity partnerships and heard about the patient mental health services than for leadership and resources needed to re- innovative frameworks they have im- all other outpatient physician services. spond to serious drug problems in a plemented to combat drug abuse in Unfortunately, even with the passage comprehensive and coordinated man- their communities, thanks in large of MIPPA, a serious mental health in- ner. Drug Free Community, DFC, coali- part to DFC grants. This bill will en- equity remains in Medicare. Medicare tions have been proven to significantly able many of them to secure supple- beneficiaries are currently limited to lower substance abuse rates in our mental funding to continue the impor- only 190-days of inpatient psychiatric communities nationwide. tant work they do every day. Indeed, hospital care in their lifetime. This This legislation will allow current communities nationwide who are fac- lifetime limit directly impacts Medi- and former DFCs to apply for grants of ing serious drug issues will benefit care beneficiaries’ access to psy- up to $75,000 per year to implement from these enhancement grants. chiatric hospitals, although it does not comprehensive, community-wide strat- The community coalition model has apply to psychiatric units in general egies to address emerging local drug proven extremely effective, and has hospitals. This arbitrary cap on bene- issues or drug crises. The funds may achieved impressive outcomes. We see fits is discriminatory to the mentally also be used for DFC members to ob- significant results when we have people ill as there is no such lifetime limit for tain specialized training and technical working together at the local, state, any other Medicare specialty inpatient assistance to improve the operation of and Federal levels, and in the law en- hospital service. The 190-day lifetime their coalitions. These grants, which forcement, prevention, and treatment limit is problematic for patients being must be matched dollar for dollar, fields. We have seen that success in treated in psychiatric hospitals as they would be available to DFCs for up to 4 Vermont and throughout the country, may easily exceed the 190-days if they years. but there is more work to be done. have a chronic mental illness. The DFC program encourages local Drug abuse and drug-related crime is a That is why Senator SNOWE and I are citizens to become directly involved in persistent problem in America, in working together once again to address solving their community’s drug issues major metropolitan areas and rural the last remaining mental health par- through grassroots community orga- communities alike. I hope all Senators ity issue in Medicare. Today, we are in- nizing and data-driven planning and will support this bipartisan bill so that troducing the Medicare Mental Health implementation. Research shows that communities nationwide can sustain Inpatient Equity Act. Our legislation effective prevention hinges on the ex- effective community coalitions to re- would eliminate the Medicare 190-day tent to which the entire community duce youth drug use. lifetime limit for inpatient psychiatric works comprehensively and collabo- Mr. President, I ask unanimous con- hospital care. It would equalize Medi- ratively to implement education, pre- sent that the text of the bill be printed vention, enforcement, treatment, and care mental health coverage with pri- in the RECORD. vate health insurance coverage, expand recovery initiatives. The DFC program There being no objection, the text of beneficiary choice of inpatient psy- strategically invests Federal anti-drug the bill was ordered to be printed in resources at the community level with chiatric care providers, increase access the RECORD, as follows: those who have the most power to re- for the seriously ill, and improve con- S. 3031 tinuity of care. duce the demand for drugs—namely This legislation is supported by 46 parents, teachers, business leaders, the Be it enacted by the Senate and House of Rep- resentatives of the United States of America in national organizations that represent media, religious leaders, law enforce- Congress assembled, hospital associations, seniors’ organi- ment officials, youth, and others. Drug SECTION 1. SHORT TITLE. zations and the mental health commu- Free Communities grantees execute This Act may be cited as the ‘‘Drug Free nity. I would like to thank a number of collaborative strategies to address Communities Enhancement Act of 2010’’. organizations who have been integral their communities’ unique substance SEC. 2. FINDINGS. to the development of the Medicare use and abuse issues. This is the opti- Congress finds the following: Mental Health Inpatient Equity Act mal way to ensure that the entire com- (1) The epidemiology of drug use indicates and who have endorsed our legislation munity benefits from prevention. that emerging drug trends increase over a

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short period of time and tend to cluster in (I) rates of drug use and abuse above the (i) AUTHORIZATION OF APPROPRIATIONS.— discrete geographic areas. Historical evi- national average, as determined by the Di- There are authorized to be appropriated dence shows that emerging local drug issues rector (including appropriate consideration $5,000,000 for each of fiscal years 2011 through and crises can be stopped or mitigated before of the Monitoring of the Future Survey pub- 2015 to carry out this section. they spread to other areas, if they are identi- lished by the Department of Health and Mr. GRASSLEY. Mr. President, in fied quickly and addressed in a comprehen- Human Services), for comparable time peri- 1997 then-Senator BIDEN and I spon- sive multi-sector manner. ods; or (2) Federal investments in drug prevention (II) if national data is not available, at the sored legislation to create the Drug should not be solely based on national data discretion of the Director, high rates of drug Free Communities, DFC, grant pro- and trends, but must be flexible enough to use or abuse based solely on valid local data; gram. At the time, I believed, as I still address emerging local problems and local or do today, that one of the most effective drug crises before they become national (ii) for a local drug crisis— ways the Federal Government can pre- trends. (I) rates of use and abuse for a specific drug vent drug abuse from flourishing is by (3) Successful drug prevention must be at levels that are significantly higher than supporting local community efforts to the national average, as determined by the based on local data and involve multiple identify, prevent and eradicate the community sectors in planning and imple- Director (including appropriate consider- menting specifically targeted strategies that ation of the Monitoring of the Future Survey sources of abuse. Since the passage of respond to the unique drug problems of the published by the Department of Health and the Drug Free Communities Act, hun- community. Human Services and the National Survey on dreds of community anti-drug coali- (4) Data and outcomes show that effective Drug Use and Health by the Substance Abuse tions have received Federal grants to community coalitions can markedly reduce and Mental Health Service Administration); further their efforts to halt the spread local drug use rates for drugs such as mari- and of drug abuse in their communities. juana and inhalants among school-aged (II) rates of use and abuse for a specific Despite the successes of the DFC pro- youth. drug that continue over a sustained period of time, as determined by the Director. gram, drug abuse continues to chal- (5) Community coalitions are singularly lenge our communities. More often situated to deal with emerging drug issues (b) AUTHORIZATION OF PROGRAM.—The Di- and local drug crises, such as methamphet- rector may make enhancement grants to eli- than not, a community can rise up to gible entities to implement comprehensive amine, cheese (a mixture of black tar heroin meet this challenge head on and con- community-wide strategies that address and Tylenol PM), and prescription and non- front the abuse before it spreads. How- emerging local drug issues or local drug cri- prescription drug abuse because the commu- ever, drug abuse is one challenge that ses within the area served by the eligible en- nity coalitions are organized, data driven, tity. can emerge in rapid fashion. In dif- and take a comprehensive, multi-sector ap- (c) APPLICATION.— ficult economic times when States and proach to solving and addressing locally (1) IN GENERAL.—An eligible entity desiring communities struggle to stay within identified drug problems. an enhancement grant under this section their budgets without eliminating vital (6) Providing enhancement grants to coali- shall submit an application to the Director tions to address emerging local drug issues services, it is important that commu- at such time, in such manner, and accom- nity anti-drug coalitions do not suffer or local drug crises is a cost effective way to panied by such information as the Director deal with these drug issues. This approach may require. from a lack of resources. This is why I builds on existing infrastructures with prov- (2) CRITERIA.—As part of an application for am pleased to join my colleague, Sen- en results that include all of the relevant a grant under this section, the Director shall ator LEAHY, in introducing the Drug community sectors needed to comprehen- require an eligible entity to submit a de- Free Communities Enhancement Act, sively address specific emerging drug issues tailed, comprehensive, multi-sector plan for DFCEA, of 2010. and crises, and guards against using Federal addressing the emerging local drug issue or This legislation builds off the suc- funding to create duplicative community local drug crises within the area served by based infrastructures for substance abuse cessful DFC grant program by allowing the eligible entity. community coalitions to form a strat- prevention. (d) USES OF FUNDS.—A grant under this egy that best fits their community to SEC. 3. COMMUNITY-BASED COALITION EN- section shall be used to— HANCEMENT GRANTS TO ADDRESS (1) implement comprehensive, community- confront a sudden or emerging drug EMERGING DRUG ISSUES OR LOCAL wide prevention strategies to address an threat without Federal interference. DRUG CRISES. emerging local drug issue or drug crises in The DFCEA authorizes $5 million to (a) DEFINITIONS.—In this section— the area served by an eligible entity, in ac- the Office of National Drug Control (1) the term ‘‘Director’’ means the Director cordance with the plan submitted under sub- Policy to award supplemental grants of of the Office of National Drug Control Pol- section (c)(2); and up to $75,000 to current and past DFC (2) obtain specialized training and tech- icy; grantees to address an emerging drug (2) the term ‘‘drug’’ means— nical assistance from the entity receiving a (A) a substance listed on schedule I, II, III, grant under section 4 of Public Law 107–82 (21 issue or crisis. The grantee would be el- IV, or V of section 202 of the Controlled Sub- U.S.C. 1521 note). igible to receive these supplemental stances Act (21 U.S.C. 812(c)); (e) GRANT AMOUNTS.— grants for up to a 4 year period if they (B) inhalants; (1) IN GENERAL.—The total amount of grant document, using local data, rates of (C) if used in a manner that is illegal, a funds awarded to an eligible entity for a fis- drug abuse higher than the national prescription or over the counter drug or cal year may not exceed the amount of non- average. Federal funds raised by the eligible entity, medicine; and In my home State of Iowa, commu- (D) another mind altering substance with including in-kind contributions, for that fis- cal year. nities face unique challenges in con- the potential for abuse, as determined by the fronting drug abuse. In Polk County, Director, not listed on a schedule of section (2) GRANT AWARDS.—A grant under this sec- 202(c) of the Controlled Substance Act (21 tion shall— the home of the State capitol of Des U.S.C. 812(c)); (A) be made for a period of not more than Moines, 37 percent of 11th graders ad- (3) the term ‘‘emerging local drug issue’’ 4 years; and mitted to using marijuana in the 2008 means, with respect to the area served by an (B) be for not more than $75,000 per year. Iowa Youth Survey. This is signifi- eligible entity, a sudden increase in the use (f) SUPPLEMENT NOT SUPPLANT.—Grant cantly higher than the statewide aver- or abuse of a particular drug in the commu- funds provided under this section shall be used to supplement, not supplant, Federal age of 27 percent from the same survey. nity, as documented by local data; and non-Federal funds available for carrying This number is also 4 percent higher (4) the term ‘‘local drug crisis’’ means, out the activities described in this section. than the national average according to with respect to the area served by an eligible (g) EVALUATION.—A grant under this sec- entity, the use of a specific drug in the area the 2009 Monitoring the Future survey tion shall be subject to the same evaluation of 12th graders. In Black Hawk County, at levels that are significantly higher than requirements and procedures as the evalua- the national average, over a sustained period tion requirements and procedures imposed the home of Waterloo and Cedar Falls, of time, as documented by local data; on the recipient of a grant under chapter 2 of 8 percent of 11th graders admitted to (5) the term ‘‘eligible entity’’ means an or- title I of the National Narcotics Leadership using over-the-counter cold medicines ganization that— Act of 1988 (21 U.S.C. 1521 et seq.) (commonly to get high according to the Iowa (A) is receiving or has received a grant known as the Drug-Free Communities Act of Youth Survey. This is higher than the under chapter 2 of title I of the National 1997). 6 percent of the Nation’s 12th graders Narcotics Leadership Act of 1988 (21 U.S.C. (h) ADMINISTRATIVE EXPENSES.—Not more 1521 et seq.) (commonly known as the Drug- than 5 percent of the amount appropriated to who admitted to cold medicine abuse Free Communities Act of 1997); and carry out this section for any fiscal year in the Monitoring the Future survey. (B) has documented, using local data— may be used by the Director for administra- Communities like these would benefit (i) for an emerging local drug issue— tive expenses. under the DFCEA, because they would

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S746 CONGRESSIONAL RECORD — SENATE February 24, 2010 be able to apply for a supplemental (1) Business bankruptcies have increased plan, program, or policy generally applicable grant to put a strategy into action to sharply over the past year and remain at to employees of the debtor (but not under an reduce these use rates. high levels. These bankruptcies include sev- individual contract of employment), or owed Community coalitions represent the eral of the largest business bankruptcy fil- pursuant to a collective bargaining agree- ings in history. As the use of bankruptcy has ment, for layoff or termination on or after front lines in the fight against drug expanded, job preservation and retirement the date of the filing of the petition, which abuse. The DFCEA will help to ensure security are placed at greater risk. pay shall be deemed earned in full upon such that community coalitions will remain (2) Laws enacted to improve recoveries for layoff or termination of employment.’’. strong and vibrant no matter the eco- employees and retirees and limit their losses SEC. 104. FINANCIAL RETURNS FOR EMPLOYEES nomic or drug trend situation in the in bankruptcy cases have not kept pace with AND RETIREES. community. Drug abuse flourishes the increasing and broader use of bankruptcy Section 1129(a) of title 11, United States by businesses in all sectors of the economy. Code is amended— when the problem is ignored. If we are (1) by adding at the end the following: to overcome the challenges of drug However, while protections for employees and retirees in bankruptcy cases have erod- ‘‘(17) The plan provides for recovery of abuse we must stand untied in the ef- ed, management compensation plans devised damages payable for the rejection of a col- fort. I urge my colleagues to join us as for those in charge of troubled businesses lective bargaining agreement, or for other fi- we continue this fight to keep our com- have become more prevalent and are escap- nancial returns as negotiated by the debtor munities drug free. ing adequate scrutiny. and the authorized representative under sec- (3) Changes in the law regarding these mat- tion 1113 (to the extent that such returns are By Mr. DURBIN (for himself, Mr. ters are urgently needed as bankruptcy is paid under, rather than outside of, a plan).’’; and BROWN of Ohio, Mr. HARKIN, and used to address increasingly more complex (2) by striking paragraph (13) and inserting Mr. FRANKEN): and diverse conditions affecting troubled businesses and industries. the following: S. 3033. A bill to amend title 11, ‘‘(13) With respect to retiree benefits, as TITLE I—IMPROVING RECOVERIES FOR United States Code, to improve protec- that term is defined in section 1114(a), the tions for employees and retirees in EMPLOYEES AND RETIREES plan— business bankruptcies; to the Com- SEC. 101. INCREASED WAGE PRIORITY. ‘‘(A) provides for the continuation after its mittee on the Judiciary. Section 507(a) of title 11, United States effective date of payment of all retiree bene- Code, is amended— fits at the level established pursuant to sub- Mr. DURBIN. Mr. President, I ask (1) in paragraph (4)— unanimous consent that the text of the section (e)(1)(B) or (g) of section 1114 at any (A) by striking ‘‘$10,000’’ and inserting time before the date of confirmation of the bill be printed in the RECORD. ‘‘$20,000’’; plan, for the duration of the period for which There being no objection, the text of (B) by striking ‘‘within 180 days’’; and the debtor has obligated itself to provide the bill was ordered to be printed in (C) by striking ‘‘or the date of the ces- such benefits, or if no modifications are the RECORD, as follows: sation of the debtor’s business, whichever oc- made before confirmation of the plan, the curs first,’’; S. 3033 continuation of all such retiree benefits (2) in paragraph (5)(A), by striking— maintained or established in whole or in part Be it enacted by the Senate and House of Rep- (A) ‘‘within 180 days’’; and by the debtor before the date of the filing of resentatives of the United States of America in (B) ‘‘or the date of the cessation of the the petition; and Congress assembled, debtor’s business, whichever occurs first’’; ‘‘(B) provides for recovery of claims arising SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and from the modification of retiree benefits or (a) SHORT TITLE.—This Act may be cited as (3) in paragraph (5), by striking subpara- for other financial returns, as negotiated by the ‘‘Protecting Employees and Retirees in graph (B) and inserting the following: the debtor and the authorized representative Business Bankruptcies Act of 2010’’. ‘‘(B) for each such plan, to the extent of (to the extent that such returns are paid (b) TABLE OF CONTENTS.—The table of con- the number of employees covered by each under, rather than outside of, a plan).’’. tents of this Act is as follows: such plan, multiplied by $20,000.’’. SEC. 105. PRIORITY FOR WARN ACT DAMAGES. Sec. 1. Short title; table of contents. SEC. 102. CLAIM FOR STOCK VALUE LOSSES IN Section 503(b)(1)(A)(ii) of title 11, United Sec. 2. Findings. DEFINED CONTRIBUTION PLANS. States Code is amended to read as follows: TITLE I—IMPROVING RECOVERIES FOR Section 101(5) of title 11, United States ‘‘(ii) wages and benefits awarded pursuant EMPLOYEES AND RETIREES Code, is amended— to a judicial proceeding or a proceeding of (1) in subparagraph (A), by striking ‘‘or’’ at the National Labor Relations Board as back Sec. 101. Increased wage priority. the end; Sec. 102. Claim for stock value losses in de- pay or damages attributable to any period of (2) in subparagraph (B), by inserting ‘‘or’’ time occurring after the date of commence- fined contribution plans. after the semicolon; and Sec. 103. Priority for severance pay. ment of the case under this title, as a result (3) by adding at the end the following: Sec. 104. Financial returns for employees of a violation of Federal or State law by the ‘‘(C) right or interest in equity securities and retirees. debtor, without regard to the time of the oc- of the debtor, or an affiliate of the debtor, Sec. 105. Priority for WARN Act damages. currence of unlawful conduct on which the held in a defined contribution plan (within award is based or to whether any services TITLE II—REDUCING EMPLOYEES’ AND the meaning of section 3(34) of the Employee were rendered on or after the commencement RETIREES’ LOSSES Retirement Income Security Act of 1974 (29 of the case, including an award by a court Sec. 201. Rejection of collective bargaining U.S.C. 1002(34))) for the benefit of an indi- under section 2901 of title 29, United States agreements. vidual who is not an insider, a senior execu- Code, of up to 60 days’ pay and benefits fol- Sec. 202. Payment of insurance benefits to tive officer, or any of the 20 next most highly lowing a layoff that occurred or commenced retired employees. compensated employees of the debtor (if 1 or at a time when such award period includes a Sec. 203. Protection of employee benefits in more are not insiders), if such securities period on or after the commencement of the a sale of assets. were attributable to either employer con- case, if the court determines that payment Sec. 204. Claim for pension losses. tributions by the debtor or an affiliate of the of wages and benefits by reason of the oper- Sec. 205. Payments by secured lender. debtor, or elective deferrals (within the ation of this clause will not substantially in- Sec. 206. Preservation of jobs and benefits. meaning of section 402(g) of the Internal crease the probability of layoff or termi- Sec. 207. Termination of exclusivity. Revenue Code of 1986), and any earnings nation of current employees or of non- TITLE III—RESTRICTING EXECUTIVE thereon, if an employer or plan sponsor who payment of domestic support obligations COMPENSATION PROGRAMS has commenced a case under this title has during the case under this title.’’. Sec. 301. Executive compensation upon exit committed fraud with respect to such plan or TITLE II—REDUCING EMPLOYEES’ AND from bankruptcy. has otherwise breached a duty to the partici- RETIREES’ LOSSES Sec. 302. Limitations on executive com- pant that has proximately caused the loss of value.’’. SEC. 201. REJECTION OF COLLECTIVE BAR- pensation enhancements. GAINING AGREEMENTS. Sec. 303. Assumption of executive benefit SEC. 103. PRIORITY FOR SEVERANCE PAY. Section 1113 of title 11, United States Code, plans. Section 503(b) of title 11, United States is amended by striking subsections (a) Sec. 304. Recovery of executive compensa- Code, is amended— through (f) and inserting the following: tion. (1) in paragraph (8), by striking ‘‘and’’ at ‘‘(a) The debtor in possession, or the trust- Sec. 305. Preferential compensation trans- the end; ee if one has been appointed under this chap- fer. (2) in paragraph (9), by striking the period ter, other than a trustee in a case covered by and inserting ‘‘; and’’; and TITLE IV—OTHER PROVISIONS subchapter IV of this chapter and by title I (3) by adding at the end the following: of the Railway Labor Act, may reject a col- Sec. 401. Union proof of claim. ‘‘(10) severance pay owed to employees of lective bargaining agreement only in accord- Sec. 402. Exception from automatic stay. the debtor (other than to an insider, other ance with this section. Hereinafter in this SEC. 2. FINDINGS. senior management, or a consultant retained section, a reference to the trustee includes a The Congress finds the following: to provide services to the debtor), under a reference to the debtor in possession.

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S747 ‘‘(b) No provision of this title shall be con- application for rejection shall seek rejection trustee. The implementation of such interim strued to permit the trustee to unilaterally effective upon the entry of an order granting changes shall not render the application for terminate or alter any provision of a collec- the relief. rejection moot. tive bargaining agreement before complying ‘‘(2) In consideration of Federal policy en- ‘‘(f) Rejection of a collective bargaining with this section. The trustee shall timely couraging the practice and process of collec- agreement constitutes a breach of the agree- pay all monetary obligations arising under tive bargaining and in recognition of the bar- ment, and shall be effective no earlier than the terms of the collective bargaining agree- gained-for expectations of the employees the entry of an order granting such relief. ment. Any such payment required to be covered by the agreement, the court may Notwithstanding the foregoing, solely for made before a plan confirmed under section grant a motion seeking rejection of a collec- purposes of determining and allowing a 1129 is effective has the status of an allowed tive bargaining agreement only if, based on claim arising from the rejection of a collec- administrative expense under section 503. clear and convincing evidence — tive bargaining agreement, rejection shall be ‘‘(c)(1) If the trustee seeks modification of ‘‘(A) the court finds that the trustee has treated as rejection of an executory contract a collective bargaining agreement, then the complied with the requirements of sub- under section 365(g) and shall be allowed or trustee shall provide notice to the labor or- section (c); disallowed in accordance with section ganization representing the employees cov- ‘‘(B) the court has considered alternative 502(g)(1). No claim for rejection damages ered by the agreement that modifications proposals by the labor organization and has shall be limited by section 502(b)(7). Eco- are being proposed under this section, and concluded that such proposals do not meet nomic self-help by a labor organization shall shall promptly provide an initial proposal for the requirements of paragraph (3)(B) of sub- be permitted upon a court order granting a modifications to the agreement. Thereafter, section (c); motion to reject a collective bargaining the trustee shall confer in good faith with ‘‘(C) the court finds that further negotia- agreement under subsection (d) or pursuant the labor organization, at reasonable times tions regarding the trustee’s proposal or an to subsection (e), and no provision of this and for a reasonable period in light of the alternative proposal by the labor organiza- title or of any other provision of Federal or complexity of the case, in attempting to tion are not likely to produce an agreement; State law may be construed to the contrary. reach mutually acceptable modifications of ‘‘(D) the court finds that implementation ‘‘(g) The trustee shall provide for the rea- such agreement. of the trustee’s proposal shall not— sonable fees and costs incurred by a labor or- ‘‘(2) The initial proposal and subsequent ‘‘(i) cause a material diminution in the ganization under this section, upon request proposals by the trustee for modification of purchasing power of the employees covered and after notice and a hearing. a collective bargaining agreement shall be by the agreement; ‘‘(h) A collective bargaining agreement based upon a business plan for the reorga- ‘‘(ii) adversely affect the ability of the that is assumed shall be assumed in accord- nization of the debtor, and shall reflect the debtor to retain an experienced and qualified ance with section 365.’’. most complete and reliable information workforce; or SEC. 202. PAYMENT OF INSURANCE BENEFITS TO available. The trustee shall provide to the ‘‘(iii) impair the debtor’s labor relations RETIRED EMPLOYEES. labor organization all information that is such that the ability to achieve a feasible re- Section 1114 of title 11, United States Code, relevant for negotiations. The court may organization would be compromised; and is amended— enter a protective order to prevent the dis- ‘‘(E) the court concludes that rejection of (1) in subsection (a), by inserting ‘‘, wheth- closure of information if disclosure could the agreement and immediate implementa- er or not the debtor asserts a right to unilat- compromise the debtor’s position with re- tion of the trustee’s proposal is essential to erally modify such payments under such spect to its competitors in the industry, sub- permit the debtor to exit bankruptcy, such plan, fund, or program’’ before the period at ject to the needs of the labor organization to that confirmation of a plan of reorganization the end; evaluate the trustee’s proposals and any ap- is not likely to be followed by liquidation, or (2) in subsection (b)(2), by inserting after plication for rejection of the agreement or the need for further financial reorganization, ‘‘section’’ the following: ‘‘, and a labor orga- for interim relief pursuant to this section. of the debtor (or any successor to the debtor) nization serving as the authorized represent- ‘‘(3) In consideration of Federal policy en- in the short term. ative under subsection (c)(1),’’; couraging the practice and process of collec- ‘‘(3) If the trustee has implemented a pro- (3) in subsection (f), by striking ‘‘(f)’’ and tive bargaining and in recognition of the bar- gram of incentive pay, bonuses, or other fi- all that follows through paragraph (2) and in- gained-for expectations of the employees nancial returns for insiders, senior executive serting the following: covered by the agreement, modifications officers, or the 20 next most highly com- ‘‘(f)(1) If a trustee seeks modification of re- proposed by the trustee— pensated employees or consultants providing tiree benefits, then the trustee shall provide ‘‘(A) shall be proposed only as part of a services to the debtor during the bank- a notice to the authorized representative program of workforce and nonworkforce cost ruptcy, or such a program was implemented that modifications are being proposed pursu- savings devised for the reorganization of the within 180 days before the date of the filing ant to this section, and shall promptly pro- debtor, including savings in management of the petition, the court shall presume that vide an initial proposal. Thereafter, the personnel costs; the trustee has failed to satisfy the require- trustee shall confer in good faith with the ‘‘(B) shall be limited to modifications de- ments of subsection (c)(3)(C). authorized representative at reasonable signed to achieve a specified aggregate finan- ‘‘(4) In no case shall the court enter an times and for a reasonable period in light of cial contribution for the employees covered order rejecting a collective bargaining agree- the complexity of the case in attempting to by the agreement (taking into consideration ment that would result in modifications to a reach mutually satisfactory modifications. any labor cost savings negotiated within the level lower than the level proposed by the ‘‘(2) The initial proposal and subsequent 12-month period before the filing of the peti- trustee in the proposal found by the court to proposals by the trustee shall be based upon tion), and shall be not more than the min- have complied with the requirements of this a business plan for the reorganization of the imum savings essential to permit the debtor section. debtor and shall reflect the most complete to exit bankruptcy, such that confirmation ‘‘(5) At any time after the date on which an and reliable information available. The of a plan of reorganization is not likely to be order rejecting a collective bargaining agree- trustee shall provide to the authorized rep- followed by the liquidation, or the need for ment is entered, or in the case of an agree- resentative all information that is relevant further financial reorganization, of the debt- ment entered into between the trustee and for the negotiations. The court may enter a or (or any successor to the debtor) in the the labor organization providing mutually protective order to prevent the disclosure of short term; and satisfactory modifications, at any time after information if disclosure could compromise ‘‘(C) shall not be disproportionate or overly such agreement has been entered into, the the debtor’s position with respect to its com- burden the employees covered by the agree- labor organization may apply to the court petitors in the industry, subject to the needs ment, either in the amount of the cost sav- for an order seeking an increase in the level of the authorized representative to evaluate ings sought from such employees or the na- of wages or benefits, or relief from working the trustee’s proposals and an application ture of the modifications. conditions, based upon changed cir- pursuant to subsection (g) or (h). ‘‘(d)(1) If, after a period of negotiations, cumstances. The court shall grant the re- ‘‘(3) Modifications proposed by the trust- the trustee and the labor organization have quest only if the increase or other relief is ee— not reached an agreement over mutually sat- not inconsistent with the standard set forth ‘‘(A) shall be proposed only as part of a isfactory modifications, and further negotia- in paragraph (2)(E). program of workforce and nonworkforce cost tions are not likely to produce mutually sat- ‘‘(e) During a period in which a collective savings devised for the reorganization of the isfactory modifications, the trustee may file bargaining agreement at issue under this debtor, including savings in management a motion seeking rejection of the collective section continues in effect, and if essential personnel costs; bargaining agreement after notice and a to the continuation of the debtor’s business ‘‘(B) shall be limited to modifications that hearing. Absent agreement of the parties, no or in order to avoid irreparable damage to are designed to achieve a specified aggregate such hearing shall be held before the expira- the estate, the court, after notice and a hear- financial contribution for the retiree group tion of the 21-day period beginning on the ing, may authorize the trustee to implement represented by the authorized representative date on which notice of the hearing is pro- interim changes in the terms, conditions, (taking into consideration any cost savings vided to the labor organization representing wages, benefits, or work rules provided by implemented within the 12-month period be- the employees covered by the agreement. the collective bargaining agreement. Any fore the date of filing of the petition with re- Only the debtor and the labor organization hearing under this subsection shall be sched- spect to the retiree group), and shall be no may appear and be heard at such hearing. An uled in accordance with the needs of the more than the minimum savings essential to

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S748 CONGRESSIONAL RECORD — SENATE February 24, 2010 permit the debtor to exit bankruptcy, such SEC. 204. CLAIM FOR PENSION LOSSES. (4) in the table of sections for chapter 11, that confirmation of a plan of reorganization Section 502 of title 11, United States Code, by inserting the following before the item re- is not likely to be followed by the liquida- is amended by adding at the end the fol- lating to section 1101: tion, or the need for further financial reorga- lowing: ‘‘1100. Statement of purpose.’’. ‘‘(l) The court shall allow a claim asserted nization, of the debtor (or any successor to SEC. 207. TERMINATION OF EXCLUSIVITY. the debtor) in the short term; and by an active or retired participant, or by a Section 1121(d) of title 11, United States labor organization representing such partici- ‘‘(C) shall not be disproportionate or overly Code, is amended by adding at the end the pants, in a defined benefit plan terminated burden the retiree group, either in the following: amount of the cost savings sought from such under section 4041 or 4042 of the Employee ‘‘(3) For purposes of this subsection, cause group or the nature of the modifications.’’; Retirement Income Security Act of 1974, for for reducing the 120-day period or the 180-day (4) in subsection (g)— any shortfall in pension benefits accrued as period includes the following: (A) by striking ‘‘(g)’’ and all that follows of the effective date of the termination of ‘‘(A) The filing of a motion pursuant to through the semicolon at the end of para- such pension plan as a result of the termi- section 1113 seeking rejection of a collective graph (3) and inserting the following: nation of the plan and limitations upon the bargaining agreement if a plan based upon payment of benefits imposed pursuant to sec- ‘‘(g)(1) If, after a period of negotiations, an alternative proposal by the labor organi- tion 4022 of such Act, notwithstanding any the trustee and the authorized representa- zation is reasonably likely to be confirmed claim asserted and collected by the Pension tive have not reached agreement over mutu- within a reasonable time. Benefit Guaranty Corporation with respect ally satisfactory modifications and further ‘‘(B) The proposed filing of a plan by a pro- to such termination. negotiations are not likely to produce mutu- ponent other than the debtor, which incor- ally satisfactory modifications, then the ‘‘(m) The court shall allow a claim of a kind described in section 101(5)(C) by an ac- porates the terms of a settlement with a trustee may file a motion seeking modifica- labor organization if such plan is reasonably tions in the payment of retiree benefits after tive or retired participant in a defined con- tribution plan (within the meaning of sec- likely to be confirmed within a reasonable notice and a hearing. Absent agreement of time.’’. the parties, no such hearing shall be held be- tion 3(34) of the Employee Retirement In- TITLE III—RESTRICTING EXECUTIVE fore the expiration of the 21-day period be- come Security Act of 1974 (29 U.S.C. 1002(34)), COMPENSATION PROGRAMS ginning on the date on which notice of the or by a labor organization representing such hearing is provided to the authorized rep- participants. The amount of such claim shall SEC. 301. EXECUTIVE COMPENSATION UPON EXIT resentative. Only the debtor and the author- be measured by the market value of the FROM BANKRUPTCY. ized representative may appear and be heard stock at the time of contribution to, or pur- Section 1129(a) of title 11, United States at such hearing. chase by, the plan and the value as of the Code, is amended— ‘‘(2) The court may grant a motion to mod- commencement of the case.’’. (1) in paragraph (4), by adding at the end ify the payment of retiree benefits only if, SEC. 205. PAYMENTS BY SECURED LENDER. the following: ‘‘Except for compensation sub- based on clear and convincing evidence— Section 506(c) of title 11, United States ject to review under paragraph (5), payments ‘‘(A) the court finds that the trustee has Code, is amended by adding at the end the or other distributions under the plan to or complied with the requirements of sub- following: ‘‘If employees have not received for the benefit of insiders, senior executive section (f); wages, accrued vacation, severance, or other officers, and any of the 20 next most highly ‘‘(B) the court has considered alternative benefits owed under the policies and prac- compensated employees or consultants pro- proposals by the authorized representative tices of the debtor, or pursuant to the terms viding services to the debtor, shall not be ap- and has determined that such proposals do of a collective bargaining agreement, for proved except as part of a program of pay- not meet the requirements of subsection services rendered on and after the date of the ments or distributions generally applicable (f)(3)(B); commencement of the case, then such unpaid to employees of the debtor, and only to the ‘‘(C) the court finds that further negotia- obligations shall be deemed necessary costs extent that the court determines that such tions regarding the trustee’s proposal or an and expenses of preserving, or disposing of, payments are not excessive or dispropor- alternative proposal by the authorized rep- property securing an allowed secured claim tionate compared to distributions to the resentative are not likely to produce a mutu- and shall be recovered even if the trustee has debtor’s nonmanagement workforce.’’; and ally satisfactory agreement; otherwise waived the provisions of this sub- (2) in paragraph (5)— ‘‘(D) the court finds that implementation section under an agreement with the holder (A) in subparagraph (A)(ii), by striking of the proposal shall not cause irreparable of the allowed secured claim or a successor ‘‘and’’ at the end; and harm to the affected retirees; and or predecessor in interest.’’. (B) in subparagraph (B), by striking the pe- ‘‘(E) the court concludes that an order SEC. 206. PRESERVATION OF JOBS AND BENE- riod at the end and inserting the following: granting the motion and immediate imple- FITS. ‘‘; and Title 11, United States Code, is amended— mentation of the trustee’s proposal is essen- ‘‘(C) the compensation disclosed pursuant (1) by inserting before section 1101 the fol- tial to permit the debtor to exit bankruptcy, to subparagraph (B) has been approved by, or lowing: such that confirmation of a plan of reorga- is subject to the approval of, the court as nization is not likely to be followed by liq- ‘‘SEC. 1100. STATEMENT OF PURPOSE. reasonable when compared to individuals ‘‘A debtor commencing a case under this uidation, or the need for further financial re- holding comparable positions at comparable chapter shall have as its principal purpose organization, of the debtor (or a successor to companies in the same industry and not dis- the reorganization of its business to preserve the debtor) in the short term. proportionate in light of economic conces- ‘‘(3) If a trustee has implemented a pro- going concern value to the maximum extent sions by the debtor’s nonmanagement work- gram of incentive pay, bonuses, or other fi- possible through the productive use of its as- force during the case.’’. nancial returns for insiders, senior executive sets and the preservation of jobs that will SEC. 302. LIMITATIONS ON EXECUTIVE COM- officers, or the 20 next most highly-com- sustain productive economic activity.’’; PENSATION ENHANCEMENTS. pensated employees or consultants providing (2) in section 1129(a), as amended by sec- Section 503(c) of title 11, United States services to the debtor during the bank- tion 104, by adding at the end the following: Code, is amended— ruptcy, or such a program was implemented ‘‘(18) The debtor has demonstrated that the (1) in paragraph (1)— within 180 days before the date of the filing reorganization preserves going concern value (A) by inserting ‘‘, a senior executive offi- of the petition, the court shall presume that to the maximum extent possible through the cer, or any of the 20 next most highly com- the trustee has failed to satisfy the require- productive use of the debtor’s assets and pre- pensated employees or consultants’’ after ments of subparagraph (f)(3)(C).’’; and serves jobs that sustain productive economic ‘‘an insider’’; (B) by striking ‘‘except that in no case’’ activity.’’; (B) by inserting ‘‘or for the payment of and inserting the following: (3) in section 1129(c), by striking the last performance or incentive compensation, or a ‘‘(4) In no case’’; and sentence and inserting the following: ‘‘If the bonus of any kind, or other financial returns (5) by striking subsection (k) and redesig- requirements of subsections (a) and (b) are designed to replace or enhance incentive, nating subsections (l) and (m) as subsections met with respect to more than 1 plan, the stock, or other compensation in effect before (k) and (l), respectively. court shall, in determining which plan to the date of the commencement of the case,’’ SEC. 203. PROTECTION OF EMPLOYEE BENEFITS confirm— after ‘‘remain with the debtor’s business,’’; IN A SALE OF ASSETS. ‘‘(1) consider the extent to which each plan and Section 363(b) of title 11, United States would preserve going concern value through (C) by inserting ‘‘clear and convincing’’ be- Code, is amended by adding at the end the the productive use of the debtor’s assets and fore ‘‘evidence in the record’’; and following: the preservation of jobs that sustain produc- (2) by amending paragraph (3) to read as ‘‘(3) In approving a sale under this sub- tive economic activity; and follows: section, the court shall consider the extent ‘‘(2) confirm the plan that better serves ‘‘(3) other transfers or obligations, to or for to which a bidder has offered to maintain ex- such interests. the benefit of insiders, senior executive offi- isting jobs, preserve terms and conditions of A plan that incorporates the terms of a set- cers, managers, or consultants providing employment, and assume or match pension tlement with a labor organization rep- services to the debtor, in the absence of a and retiree health benefit obligations in de- resenting employees of the debtor shall pre- finding by the court, based upon clear and termining whether an offer constitutes the sumptively constitute the plan that satisfies convincing evidence, and without deference highest or best offer for such property.’’. this subsection.’’; and to the debtor’s request for such payments,

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S749 that such transfers or obligations are essen- has not obtained relief under subsection (d) (2) in paragraph (28), by striking the period tial to the survival of the debtor’s business of section 1113, or subsection (g) of section at the end and inserting ‘‘; and’’; and or (in the case of a liquidation of some or all 1114, then the court, upon motion of a party (3) by adding at the end the following: of the debtor’s assets) essential to the or- in interest, shall determine the percentage ‘‘(29) of the commencement or continu- derly liquidation and maximization of value diminution in the value of benefit obliga- ation of a grievance, arbitration, or similar of the assets of the debtor, in either case, be- tions when compared to the total benefit li- dispute resolution proceeding established by cause of the essential nature of the services abilities before such termination. The court a collective bargaining agreement that was provided, and then only to the extent that shall not take into account pension benefits or could have been commenced against the the court finds such transfers or obligations paid or payable under title IV of the Em- debtor before the filing of a case under this are reasonable compared to individuals hold- ployee Retirement Income Security Act of title, or the payment or enforcement of an ing comparable positions at comparable 1974 as a result of any such termination. award or settlement under such pro- companies in the same industry and not dis- ‘‘(c) Upon the determination of the per- ceeding.’’. proportionate in light of economic conces- centage diminution in value under sub- section (a) or (b), the estate shall have a sions by the debtor’s nonmanagement work- By Mr. DODD (for himself and force during the case.’’. claim for the return of the same percentage of the compensation paid, directly or indi- Mr. UDALL, of New Mexico): SEC. 303. ASSUMPTION OF EXECUTIVE BENEFIT PLANS. rectly (including any transfer to a self-set- S.J. Res. 28. A joint resolution pro- tled trust or similar device, or to a non- Section 365 of title 11, United States Code, posing an amendment to the Constitu- is amended— qualified deferred compensation plan under section 409A(d)(1) of the Internal Revenue tion of the United States relating to (1) in subsection (a), by striking ‘‘and (d)’’ contributions and expenditures in- and inserting ‘‘(d), (q), and (r)’’; and Code of 1986) to any officer of the debtor (2) by adding at the end the following: serving as member of the board of directors tended to affect elections; to the Com- ‘‘(q) No deferred compensation arrange- of the debtor within the year before the date mittee on the Judiciary. of the commencement of the case, and any ment for the benefit of insiders, senior exec- individual serving as chairman or lead direc- Mr. DODD. Mr. President, I rise to utive officers, or any of the 20 next most tor of the board of directors at the time of highly compensated employees of the debtor discuss a constitutional amendment I the granting of relief under section 1113 or shall be assumed if a defined benefit plan for am introducing today, along with my 1114 or, if no such relief has been granted, the employees of the debtor has been terminated colleague Senator TOM UDALL, in the termination of the defined benefit plan. pursuant to section 4041 or 4042 of the Em- ‘‘(d) The trustee or a committee appointed wake of the U.S. Supreme Court’s re- ployee Retirement Income Security Act of pursuant to section 1102 may commence an cent Citizens United v. Federal Elec- 1974, on or after the date of the commence- action to recover such claims, except that if tion Commission decision. This pro- ment of the case or within 180 days before neither the trustee nor such committee com- the date of the commencement of the case. posed amendment would simply au- mences an action to recover such claim by thorize Congress to regulate the rais- ‘‘(r) No plan, fund, program, or contract to the first date set for the hearing on the con- provide retiree benefits for insiders, senior firmation of plan under section 1129, any ing and spending of money for Federal executive officers, or any of the 20 next most party in interest may apply to the court for political campaigns—including inde- highly compensated employees of the debtor authority to recover such claim for the ben- pendent expenditures—and allow shall be assumed if the debtor has obtained efit of the estate. The costs of recovery shall States to regulate such spending at relief under subsection (g) or (h) of section be borne by the estate. their level. It would also provide for 1114 to impose reductions in retiree benefits ‘‘(e) The court shall not award postpetition or under subsection (d) or (e) of section 1113 compensation under section 503(c) or other- implementation and enforcement of to impose reductions in the health benefits wise to any person subject to subsection (c) the amendment through appropriate of active employees of the debtor, or reduced if there is a reasonable likelihood that such legislation. I invite my colleagues on or eliminated health benefits for active or compensation is intended to reimburse or re- both sides of the aisle to join us by co- retired employees within 180 days before the place compensation recovered by the estate sponsoring the amendment. date of the commencement of the case.’’. under this section.’’. SEC. 304. RECOVERY OF EXECUTIVE COMPENSA- SEC. 305. PREFERENTIAL COMPENSATION TRANS- Let me begin by noting that I am a TION. FER. firm believer in the sanctity of the Title 11, United States Code, is amended by Section 547 of title 11, United States Code, First Amendment. I believe we must inserting after section 562 the following: is amended by adding at the end the fol- continue to do all we can to protect the lowing: ‘‘SEC. 563. RECOVERY OF EXECUTIVE COMPENSA- free speech rights of all Americans. I TION. ‘‘(j) The trustee may avoid a transfer to or ‘‘(a) If a debtor has obtained relief under for the benefit of an insider (including an ob- do not suggest changing the language subsection (d) of section 1113, or subsection ligation incurred for the benefit of an insider of the First Amendment, which I re- (g) of section 1114, by which the debtor re- under an employment contract) made in an- vere. But I do not believe that money duces the cost of its obligations under a col- ticipation of bankruptcy, or a transfer made is speech, nor do I believe that corpora- in anticipation of bankruptcy to a consult- lective bargaining agreement or a plan, fund, tions should be treated exactly the or program for retiree benefits as defined in ant who is formerly an insider and who is re- tained to provide services to an entity that same as individual Americans when it section 1114(a), the court, in granting relief, comes to protected, fundamental shall determine the percentage diminution becomes a debtor (including an obligation in the value of the obligations when com- under a contract to provide services to such speech rights. That is what the Su- pared to the debtor’s obligations under the entity or to a debtor) made or incurred on or preme Court has effectively now held. collective bargaining agreement, or with re- within 1 year before the filing of the peti- tion. No provision of subsection (c) shall con- I recognize that amending the Con- spect to retiree benefits, as of the date of the stitution is a long-term undertaking, commencement of the case under this title stitute a defense against the recovery of before granting such relief. In making its de- such transfer. The trustee or a committee and that this effort will not likely bear termination, the court shall include reduc- appointed pursuant to section 1102 may com- fruit during my remaining time in this tions in benefits, if any, as a result of the mence an action to recover such transfer, ex- body. Reinhold Niebuhr said that noth- cept that, if neither the trustee nor such termination pursuant to section 4041 or 4042 ing worth doing is completed in our of the Employee Retirement Income Secu- committee commences an action to recover such transfer by the time of the commence- lifetime; I would add much less during rity Act of 1974, of a defined benefit plan ad- a Senate term.’ I hope that in the wake ministered by the debtor, or for which the ment of a hearing on the confirmation of a debtor is a contributing employer, effective plan under section 1129, any party in interest of this court decision we can begin that at any time on or after 180 days before the may apply to the court for authority to re- comprehensive reform effort; I know date of the commencement of a case under cover the claims for the benefit of the estate. that it would be worth doing. The Con- this title. The court shall not take into ac- The costs of recovery shall be borne by the estate.’’. stitution itself establishes a long and count pension benefits paid or payable under complex process for its own amend- TITLE IV—OTHER PROVISIONS of such Act as a result of any such termi- ment, including approval by Congress nation. SEC. 401. UNION PROOF OF CLAIM. ‘‘(b) If a defined benefit pension plan ad- Section 501(a) of title 11, United States and the States, and I am proposing to ministered by the debtor, or for which the Code, is amended by inserting ‘‘, including a use that process to save our democratic debtor is a contributing employer, has been labor organization,’’ after ‘‘A creditor’’. system of government, and ultimately terminated pursuant to section 4041 or 4042 of SEC. 402. EXCEPTION FROM AUTOMATIC STAY. our republic, from the continued corro- the Employee Retirement Income Security Section 362(b) of title 11, United States sion of special interest influence. Act of 1974, effective at any time on or after Code, is amended— 180 days before the date of the commence- (1) in paragraph (27), by striking ‘‘and’’ at I am introducing the amendment be- ment of a case under this title, but a debtor the end; cause I believe that constitutional

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S750 CONGRESSIONAL RECORD — SENATE February 24, 2010 questions deserve constitutional an- I have worked for decades to reform rity, already damaged by its hugely swers. While I intend to support in- our campaign finance laws, with col- controversial decision in Bush v. Gore, terim legislative steps to address ur- leagues and former colleagues like Sen- and done enormous harm to our democ- gently those issues that can be ad- ators Boren, Mitchell, BYRD, Daschle, racy—harm which will only become dressed in the wake of this decision, in- FEINGOLD, KERRY, MCCAIN, Dole, COCH- clearer to Americans in the next few cluding increased disclosure require- RAN, and others. Time and again we years as close Congressional and state ments, further limitations to prevent have developed comprehensive bipar- races are decided by the spending of foreign corporations’ influence on our tisan efforts, only to have them frus- corporate interests. elections, and other measures, I think trated by a small minority of Senators, The public reaction to this court de- the scope of such efforts is limited by or in one case by a veto exercised by cision has been swift and strong, I the court’s sweeping, even radical con- the first President Bush. I have served think because Americans intuitively clusions in this case. my party as head of the Democratic recognize that it represents an enor- Make no mistake, as much of the National Committee, and so I have mous transfer of power away from citi- commentary surrounding it suggests, seen the problems of our current cam- zens to wealthy corporations. I saw a the Citizens United case is one of the paign finance system from a variety of poll recently which showed broad oppo- most radical decisions in the court’s perspectives. sition to the decision among all Ameri- long history of campaign finance re- In previous debates I have rehearsed cans—Democrats, Republicans and form jurisprudence. It overturns 100 the problems with our current system. Independents alike. The poll showed years of precedents to come to the un- They include the exponentially in- that it was opposed by 66 percent of justified conclusion that corporations creasing costs of campaigns. The end- Democrats, 63 percent of Republicans, deserve the same free speech protec- less time we must spend to travel and and 72 percent of Independents. Ameri- tions as individual Americans. It opens make calls to raise money, which is cans intuitively recognize the dangers the door to corporations spending vast then spent mostly on expensive and in- of a decision to allow corporations to amounts of money directly from their creasingly negative TV ads in our spend unlimited funds against can- treasuries to influence Federal elec- states. The ways in which special inter- didates. They see this decision’s poten- tions, and thereby influence Federal of- ests buy access and influence, and how tial to worsen the problem of special ficeholders and policy decisions, in such influence erodes the trust and interest influence, and to further erode ways much more direct and con- confidence of Americans in our democ- trust and confidence in that process. centrated than is the case now through racy. These problems are systemic, per- Though this hasn’t been commented on corporate and union political action vasive and fundamental. They require too broadly in the media reports fol- committees. If you are concerned now comprehensive, fundamental reforms. lowing this decision, I also believe about the undue special interest influ- A constitutional amendment would Americans recognize that the next log- ence of big banks, energy companies, create the conditions for the possi- ical step the Supreme Court could take bility of real statutory reform that health insurance firms, pharmaceutical in the wake of this decision is to go be- could then be adjusted as we go along, firms and other special interests on our yond this decision which overturns the to address new abuses and problems as political process, just wait until these ban on corporate independent expendi- entities can spend millions of dollars they arise. I attended the Supreme Court’s oral tures in campaigns to allow direct cor- directly to elect or defeat office- arguments in this case, and I heard in porate contributions to candidates. holders. If you are concerned about the This constitutional amendment is a the pointed questions of the Justices special interest-generated paralysis of version of one passionately cham- who composed this 5–4 majority the our legislative process, wait until you pioned for years by Senator Hollings, portents of this radical decision. But see the results of this decision. As one and updated by Senator SCHUMER in even then I did not anticipate fully distinguished Republican election law- the last Congress. I have decided to re- how breathtakingly far the court introduce it at this point in our debate yer who opposes the decision recently would reach. said, it will be the ‘‘wild, wild west.’’ That extended reach was not only un- to emphasize that even though I sup- Perhaps most radical is the court’s wise and unjustified, it was also unnec- port efforts to do what we can in the conclusion that corporations are legal essary. This court majority, whose interim to reform our campaign fi- ‘‘persons’’ seemingly deserving of the members have so forcefully decried ju- nance laws, ultimately we must cut exact same free speech protections as dicial activism, might have taken a through the underbrush and go directly all Americans. This decision notwith- less radical approach, and resolved the to the heart of the problem: the Su- standing, corporations are not people. legal issue before them without draw- preme Court’s decision in Buckley vs. A first-year law student will note that ing such sweeping conclusions. Instead, Valeo and other subsequent decisions corporations are basically a legal fic- they chose to ride roughshod over dec- which conflate money with speech, and tion, entities created with certain lim- ades of the court’s own legal prece- this most recent decision in Citizens ited legal rights designed to enable dents and the principle of stare decisis. United which lifts the long-time ban on them to operate in the business world: That is why I believe it is fair to say, direct corporate spending in cam- to enter into and enforce contracts, to as Justice Stevens did in his stinging paigns. conduct transactions, and the like. dissent in this case, that this case was In these decisions, the Supreme They can’t vote or think or speak or brought by the Justices themselves. I Court has basically made it impossible run for office. They only make polit- urge my colleagues to read Justice Ste- for Americans to have what they have ical and policy decisions through their vens’ detailed, powerful and carefully repeatedly said they want: reasonable officers and shareholders, informed by reasoned dissent. In it, among other regulations of campaign contributions their lobbyists and others. They should things, he observes that the only thing and expenditures which do not either not enjoy the same fundamental free that has really changed since the Su- directly or indirectly limit the ideas speech protections that individual preme Court made its rulings in the that may be expressed in the public Americans enjoy in our political dis- Austin, 1990, and McConnell, 2003, deci- realm. I submit that such regulations course, or the ability to spend unlim- sions, upholding the corporate cam- would actually broaden the public de- ited funds directly from large cor- paign spending ban, is the composition bate on a number of issues by freeing it porate treasuries for that purpose. As of the Supreme Court. Instead of decid- from the narrow confines dictated by others have observed, the framers ing the case based on the narrow issues special interest money. With its deci- could not have imagined, and would before them, in a raw display of activ- sions, the Supreme Court has effec- not have wanted, a system in which ist judicial power the majority in this tively neutered comprehensive efforts corporations could pour literally bil- sharply divided court took the rare to control the ever-spiraling money lions of dollars into elections and step of asking for the case to be broad- chase, and has forced legislation in- thereby exercise grossly outsized influ- ened and re-argued, and then issued tended to control the cancerous effects ence over the fate of our elected rep- this sweeping decision. of money in politics to be more com- resentatives. Such a system does not With this decision, I believe the court plicated and convoluted than nec- promote free speech; it mocks it. has seriously jeopardized its own integ- essary. The complications we are

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S751 forced to resort to, in turn, create new ‘‘ARTICLE— Whereas the National Guard Youth Chal- opportunities for abuse. ‘‘SECTION 1. Congress shall have power to lenge Program represents a successful joint Even without a constitutional regulate the raising and spending of money effort between States and the Federal Gov- amendment, we can try to make some with respect to Federal elections, including ernment; progress. For example, I think we made through setting limits on— Whereas since 1993, the National Guard ‘‘(1) the amount of contributions to can- Youth Challenge Program has developed 32 some decent progress on the McCain- didates for nomination for election to, or for programs in 27 States and Puerto Rico; Feingold legislation, even despite the election to, Federal office; and Whereas since 1993, over 92,850 young indi- Court’s decisions since 2002 narrowing ‘‘(2) the amount of expenditures that may viduals have successfully graduated from the the reach of that law. But we cannot be made by, in support of, or in opposition to program, with 80 percent earning their high enact truly comprehensive legislation such candidates. school diploma or GED certificate, 24 percent that will get to the heart of the prob- ‘‘SECTION 2. A State shall have power to going to college, 18 percent joining the mili- regulate the raising and spending of money tary, and 57 percent entering the workforce lem under current court rulings. I wish with respect to State elections, including we could. I have long supported a clean with career jobs; through setting limits on— Whereas the National Guard Youth Chal- elections system of public financing for ‘‘(1) the amount of contributions to can- lenge Program has successfully helped high Congressional campaigns which would didates for nomination for election to, or for school dropouts in this Nation; and integrate spending limits, citizen fi- election to, State office; and Whereas the National Guard Youth Chal- nancing, and other basic reforms. That ‘‘(2) the amount of expenditures that may lenge Program can play a larger role in pro- is the way I think we should go. There be made by, in support of, or in opposition to viding assistance to the youth of the United such candidates. States: Now, therefore, be it are other approaches. But the fact is— ‘‘SECTION 3. Congress shall have power to and I am sorry for this—that unless the Resolved, That the Senate— implement and enforce this article by appro- (1) supports the goals and ideals of ‘‘Na- Supreme Court again reverses itself, we priate legislation.’’. tional Guard Youth Challenge Day’’; and cannot get the comprehensive legisla- f (2) calls upon the people of the United tion we really need unless we first SUBMITTED RESOLUTIONS States to observe ‘‘National Guard Youth adopt an amendment to the Constitu- Challenge Day’’ on February 24, 2010, with tion. appropriate ceremonies and respect. This amendment is neutral on what SENATE RESOLUTION 421—SUP- f kind of regulation of campaigns would PORTING THE GOALS AND AMENDMENTS SUBMITTED AND be allowed. It simply authorizes such IDEALS OF ‘‘NATIONAL GUARD PROPOSED regulation, and leaves it to Congress YOUTH CHALLENGE DAY’’ and state legislatures to determine SA 3326. Mr. REID proposed an amendment what might be appropriate. That is Ms. LANDRIEU (for herself, Mrs. to the bill H.R. 1299, to make technical cor- where such decisions should be made LINCOLN, Mr. CHAMBLISS, Mrs. rections to the laws affecting certain admin- SHAHEEN, Ms. MURKOWSKI, Mr. istrative authorities of the United States on these issues: by the people’s rep- BARRASSO, Mr. BYRD, Mr. ISAKSON, and Capitol Police, and for other purposes. resentatives in Congress and in state Mr. BENNETT) submitted the following SA 3327. Mr. REID proposed an amendment legislatures. That is why I think resolution; which was considered and to amendment SA 3326 proposed by Mr. REID amending the Constitution and ena- to the bill H.R. 1299, supra. agreed to: bling Congress to make those decisions SA 3328. Mr. REID proposed an amendment S. RES. 421 is the first step if we are to make real to the bill H.R. 1299, supra. progress on this front. Whereas ‘‘National Guard Youth Challenge SA 3329. Mr. REID proposed an amendment to the bill H.R. 1299, supra. Others will argue for a narrower con- Day’’ will be celebrated on February 24, 2010; Whereas high school dropouts need guid- SA 3330. Mr. REID proposed an amendment stitutional amendment to focus pri- ance, encouragement, and avenues toward to amendment SA 3329 proposed by Mr. REID marily on the issue of corporate ex- self-sufficiency and success; to the bill H.R. 1299, supra. penditures. That is another way to ad- Whereas over 1,300,000 students drop out of SA 3331. Mr. REID proposed an amendment dress the issue, though I believe it high school each year, costing this Nation to the bill H.R. 3961, to reform the Medicare would still leave many unanswered more than $335,000,000,000 in lost wages, reve- SGR payment system for physicians and to questions about Congress’ ability to nues, and productivity over the lifetimes of reinstitute and update the Pay-As-You-Go these individuals; requirement of budget neutrality on new tax regulate broadly in this area. We and mandatory spending legislation, en- should have a full and robust debate Whereas the life expectancy for a high school dropout is 9 years less than that of a forced by the threat of annual, automatic se- about all of the options. high school graduate, and a high school drop- questration. Someday we may adopt this idea, if out can expect to earn about $19,000 each SA 3332. Mr. REID proposed an amendment the situation continues to run out of year, compared to approximately $28,000 for to the bill H.R. 3961, supra. hand. And we may look back to this a high school graduate; f court decision in 2010 and mark it as an Whereas 54 percent of high school dropouts TEXT OF AMENDMENTS historic watershed, a catalyst for were jobless during an average month in major change. I sincerely hope that 2008, with 40 percent having no job for the en- SA 3326. Mr. REID proposed an will be true, for the sake of this insti- tire year; amendment to the bill H.R. 1299, to Whereas each annual class of high school make technical corrections to the laws tution and our democratic process, and dropouts cost this Nation over $17,000,000,000 for the sake of our country. I commend affecting certain administrative au- in publicly subsidized health care over the thorities of the United States Capitol the amendment to my colleagues’ at- course of their lives; tention, and urge them to consider co- Whereas approximately 90 percent of indi- Police, and for other purposes; as fol- sponsoring it. viduals in prisons throughout the United lows: Mr. President, I ask unanimous con- States are high school dropouts; At the end of the amendment, insert the sent that the text of the joint resolu- Whereas the goal of the National Guard following: The provisions of this act shall become ef- tion be printed in the RECORD. Youth Foundation, a non-profit 501(c)(3) or- There being no objection, the text of ganization, is to improve the education, life fective 5 days after enactment the joint resolution was ordered to be skills, and employment potential of high school dropouts in the United States through SA 3327. Mr. REID proposed an printed in the RECORD, as follows: public awareness, scholarships, higher edu- amendment to amendment SA 3326 pro- S.J. RES. 28 cation assistance, and job development pro- posed by Mr. REID to the bill H.R. 1299, Resolved by the Senate and House of Rep- grams; to make technical corrections to the resentatives of the United States of America in Whereas the National Guard Youth Chal- laws affecting certain administrative Congress assembled (two-thirds of each House lenge Program provides military-based authorities of the United States Cap- concurring therein), That the following article training, supervised work experience, assist- is proposed as an amendment to the Con- ance in obtaining a high school diploma or itol Police, and for other purposes; as stitution of the United States, which shall be equivalent degree, and development of lead- follows: valid to all intents and purposes as part of ership qualities, as well as promotion of citi- In the amendment, strike ‘‘5’’ and insert the Constitution when ratified by the legis- zenship, fellowship, service to their commu- ‘‘4’’. latures of three-fourths of the several States nity, life skills training, health and physical within seven years after the date of its sub- education, positive relationships with adults SA 3328. Mr. REID proposed an mission by the Congress: and peers, and career planning; amendment to the bill H.R. 1299, to

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S752 CONGRESSIONAL RECORD — SENATE February 24, 2010 make technical corrections to the laws cordance with Rule V of the Standing for the hearing record should send it to affecting certain administrative au- Rules of the Senate, I hereby give no- the Committee on Energy and Natural thorities of the United States Capitol tice in writing that it is my intention Resources, U.S. Senate, Washington, Police, and for other purposes; as fol- to move to suspend Rule XXII, Para- DC 20510–6150, or by email to alli- lows: graph 2, for the purpose of proposing [email protected]. At the end, insert the following: and considering the following amend- For further information, please con- The Senate Rules Committee is requested ment to H.R. 1299, including germane- tact Scott Miller at (202) 224–5488 or Al- to study the benefit of enacting a travel pro- ness requirements: lison Seyferth at (202) 224–4905. motion measure, and the impact of job cre- ation by its enactment. At the appropriate place, insert the fol- f lowing: AUTHORITY FOR COMMITTEES TO SA 3329. Mr. REID proposed an SEC. ll. PROHIBITION ON EXTENSION OR ES- MEET amendment to the bill H.R. 1299, to TABLISHMENT OF NATIONAL MONU- make technical corrections to the laws MENTS IN CERTAIN AREAS. COMMITTEE ON ARMED SERVICES affecting certain administrative au- (a) IN GENERAL.—Notwithstanding the Act Mr. REID. Mr. President, I ask unan- of June 8, 1906 (commonly known as the ‘‘An- thorities of the United States Capitol imous consent that the Committee on tiquities Act of 1906’’) (16 U.S.C. 431 et seq.), Armed Services be authorized to meet Police, and for other purposes; as fol- or any other provision of law, no further ex- lows: tension or establishment of national monu- during the session of the Senate on At the end, insert the following: ments in areas described in subsection (b) February 24, 2010, at 9:30 a.m. ‘‘and include regional statistics of job cre- may be undertaken. The PRESIDING OFFICER. Without ation’’ (b) APPLICABLE AREAS.—Subsection (a) objection, it is so ordered. shall apply to— COMMITTEE ON ARMED SERVICES SA 3330. Mr. REID proposed an (1) the Northwest Sonoran Desert, Arizona; Mr. REID. Mr. President, I ask unan- amendment to amendment SA 3329 pro- (2) the Berryessa Snow Mountains, Cali- imous consent that the Committee on posed by Mr. REID to the bill H.R. 1299, fornia; to make technical corrections to the (3) the Bodie Hills, California; Armed Services be authorized to meet laws affecting certain administrative (4) the expansion of the Cascade-Siskiyou during the session of the Senate on authorities of the United States Cap- National Monument, California; February 24, 2010, at 2:30 p.m. The PRESIDING OFFICER. Without itol Police, and for other purposes; as (5) the Modoc Plateau, California; follows: (6) the Vermillion Basin, Colorado; objection, it is so ordered. (7) the Northern Montana Prairie, Mon- COMMITTEE ON ENERGY AND NATURAL At the end, insert the following: tana; RESOURCES ‘‘including specific data on the types of (8) the Heart of the Great Basin, Nevada; jobs created’’. Mr. REID. Mr. President, I ask unan- (9) the Lesser Prairie Chicken Preserve, imous consent that the Committee on New Mexico; SA 3331. Mr. REID proposed an Energy and Natural Resources be au- amendment to the bill H.R. 3961, to re- (10) the Otero Mesa, New Mexico; (11) the Owyhee Desert, Oregon and Ne- thorized to meet during the session of form the Medicare SGR payment sys- vada; the Senate to conduct a hearing on tem for physicians and to reinstitute (12) the Cedar Mesa region, Utah; February 24, at 10 a.m., in room SD–366 and update the Pay-As-You-Go require- (13) the San Rafael Swell, Utah; and of the Dirksen Senate Office Building. ment of budget neutrality on new tax (14) the San Juan Islands, Washington. The PRESIDING OFFICER. Without and mandatory spending legislation, f objection, it is so ordered. enforced by the threat of annual, auto- NOTICE OF HEARING COMMITTEE ON ENVIRONMENT AND PUBLIC matic sequestration; as follows: WORKS AND THE SUBCOMMITTEE ON WATER Strike all after the enacting clause and in- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS AND WILDLIFE sert the following: Mr. BINGAMAN. Mr. President, I Mr. REID. Mr. President, I ask unan- SECTION 1. EXTENSION OF SUNSETS. would like to announce for the infor- imous consent that the Committee on (a) USA PATRIOT IMPROVEMENT AND RE- mation of the Senate and the public Environment and Public Works and the AUTHORIZATION ACT OF 2005.—Section 102(b)(1) that a hearing has been scheduled be- Subcommittee on Water and Wildlife of the USA PATRIOT Improvement and Re- fore the Subcommittee on Public authorization Act of 2005 (Public Law 109–177; be authorized to meet during the ses- 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 Lands and Forests. sion of the Senate on February 24 at U.S.C. 1862 note) is amended by striking The hearing will be held on Wednes- 9:30 a.m., in room 406 of the Dirksen ‘‘February 28, 2010’’ and inserting ‘‘February day, March 10, 2010, at 2:30 p.m., in Senate Office Building. 28, 2011’’. room SD–366 of the Dirksen Senate Of- The PRESIDING OFFICER. Without (b) INTELLIGENCE REFORM AND TERRORISM fice Building. objection, it is so ordered. PREVENTION ACT OF 2004.—Section 6001(b)(1) The purpose of the hearing is to re- COMMITTEE ON HEALTH, EDUCATION, LABOR, of the Intelligence Reform and Terrorism ceive testimony on the following bills: AND PENSIONS Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended S. 2895, to restore forest landscapes, Mr. REID. Mr. President, I ask unan- by striking ‘‘February 28, 2010’’ and inserting protect old growth forests, and manage imous consent that the Committee on ‘‘February 28, 2011’’. national forests in the eastside forests Health, Education, Labor, and Pen- of the State of Oregon, and for other sions be authorized to meet, during the SA 3332. Mr. REID proposed an purposes; S. 2907, to establish a coordi- session of the Senate, to conduct a amendment to the bill H.R. 3961, to re- nated avalanche protection program, hearing entitled ‘‘A Stronger Work- form the Medicare SGR payment sys- and for other purposes; S. 2966 and H.R. force Investment System for a Strong- tem for physicians and to reinstitute 4474, to authorize the continued use of er Economy’’ on February 24, 2010. The and update the Pay-As-You-Go require- certain water diversions located on Na- hearing will commence at 10 a.m. in ment of budget neutrality on new tax tional Forest System land in the Frank room 430 of the Dirksen Senate Office and mandatory spending legislation, Church-River of No Return Wilderness Building. enforced by the threat of annual, auto- and the Selway-Bitterroot Wilderness The PRESIDING OFFICER. Without matic sequestration; as follows: in the State of Idaho, and for other objection, it is so ordered. Amend the title so as to read: ‘‘An Act to purposes; and S. 2791 and H.R. 3759, to COMMITTEE ON HOMELAND SECURITY AND extend expiring provisions of the USA PA- authorize the Secretary of the Interior GOVERNMENTAL AFFAIRS TRIOT Improvement and Reauthorization to grant economy-related contract ex- Mr. REID. Mr. President, I ask unan- Act of 2005 and Intelligence Reform and Ter- rorism Prevention Act of 2004 until February tensions of a certain timber contracts imous consent that the Committee on 28, 2011.’’. between the Secretary of the Interior Homeland Security and Governmental f and timber purchasers, and for other Affairs be authorized to meet during purposes. the session of the Senate on February NOTICE OF INTENT TO SUSPEND Because of the limited time available 24, 2010, at 10:30 a.m. to conduct to THE RULES for the hearing, witnesses may testify hearing entitled ‘‘The Homeland Secu- Mr. DEMINT. Mr. President, I submit by invitation only. However, those rity Department’s Budget Submission the following notice in writing: In ac- wishing to submit written testimony for Fiscal Year 2011.’’

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 24, 2010 CONGRESSIONAL RECORD — SENATE S753 The PRESIDING OFFICER. Without The preamble was agreed to. the pledge, the Journal of proceedings objection, it is so ordered. The resolution, with its preamble, be approved to date, the morning hour COMMITTEE ON THE JUDICIARY reads as follows: be deemed expired, the time for the two Mr. REID. Mr. President, I ask unan- S. RES. 421 leaders be reserved for their use later imous consent that the Committee on Whereas ‘‘National Guard Youth Challenge in the day, and the Senate resume con- the Judiciary be authorized to meet Day’’ will be celebrated on February 24, 2010; sideration of the House message with during the session of the Senate, on Whereas high school dropouts need guid- respect to H.R. 1299. ance, encouragement, and avenues toward The PRESIDING OFFICER. Without February 24, 2010, at 2 p.m., in room self-sufficiency and success; SD–226 of the Dirksen Senate Office Whereas over 1,300,000 students drop out of objection, it is so ordered. Building, to conduct a hearing entitled high school each year, costing this Nation f ‘‘Nominations.’’ more than $335,000,000,000 in lost wages, reve- PROGRAM The PRESIDING OFFICER. Without nues, and productivity over the lifetimes of objection, it is so ordered. these individuals; Mr. DURBIN. Mr. President, tomor- Whereas the life expectancy for a high COMMITTEE ON FOREIGN RELATIONS row several Senators will be partici- school dropout is 9 years less than that of a pating in the bipartisan, bicameral Mr. REID. Mr. President, I ask unan- high school graduate, and a high school drop- imous consent that the Committee on health care summit with President out can expect to earn about $19,000 each Barack Obama. I am honored to be one Foreign Relations be authorized to year, compared to approximately $28,000 for meet during the session of the Senate a high school graduate; of those Senators. As a result, though, on February 24, 2010, at 2:30 p.m., to Whereas 54 percent of high school dropouts there will be no rollcall votes prior to hold a hearing entitled ‘‘Foreign Policy were jobless during an average month in 4 p.m. tomorrow. We will continue to Priorities in the FY11 International Af- 2008, with 40 percent having no job for the en- work on an agreement to consider the tire year; 30-day tax extenders legislation, which fairs Budget.’’ Whereas each annual class of high school The PRESIDING OFFICER. Without I just referred to in an earlier state- dropouts cost this Nation over $17,000,000,000 ment. objection, it is so ordered. in publicly subsidized health care over the As a reminder, Senator REID also SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW course of their lives; filed cloture on the motion to concur Mr. REID. Mr. President, I ask unan- Whereas approximately 90 percent of indi- with respect to H.R. 1299, which is the imous consent that the Committee on viduals in prisons throughout the United legislative vehicle for the Travel Pro- the Judiciary, Subcommittee on States are high school dropouts; Whereas the goal of the National Guard motion Act. We hope to reach an agree- Human Rights and the Law, be author- Youth Foundation, a non-profit 501(c)(3) or- ment to have that vote tomorrow. ized to meet during the session of the ganization, is to improve the education, life f Senate, on February 24, 2010, at 9 a.m., skills, and employment potential of high in room SD–226 of the Dirksen Senate school dropouts in the United States through APPOINTMENTS Office Building, to conduct a hearing public awareness, scholarships, higher edu- The PRESIDING OFFICER. The entitled ‘‘In Our Own Backyard: Child cation assistance, and job development pro- grams; Chair announces, on behalf of the ma- Prostitution and Sex Trafficking in the jority leader, pursuant to Executive United States.’’ Whereas the National Guard Youth Chal- lenge Program provides military-based Order No. 13531, appointments of the The PRESIDING OFFICER. Without training, supervised work experience, assist- following to the National Commission objection, it is so ordered. ance in obtaining a high school diploma or on Fiscal Responsibility and Reform: SUBCOMMITTEE ON SCIENCE AND SPACE equivalent degree, and development of lead- the Honorable RICHARD J. DURBIN of Il- Mr. REID. Mr. President, I ask unan- ership qualities, as well as promotion of citi- linois, the Honorable MAX BAUCUS of zenship, fellowship, service to their commu- imous consent that the Subcommittee Montana, the Honorable KENT CONRAD on Science and Space of the Committee nity, life skills training, health and physical education, positive relationships with adults of North Dakota. on Commerce, Science, and Transpor- and peers, and career planning; f tation be authorized to meet during Whereas the National Guard Youth Chal- the session of the Senate on February lenge Program represents a successful joint ADJOURNMENT UNTIL 10 A.M. 24, 2010, at 2:30 p.m. in room 253 of the effort between States and the Federal Gov- TOMORROW Russell Senate Office Building. ernment; Mr. DURBIN. Mr. President, if there The PRESIDING OFFICER. Without Whereas since 1993, the National Guard is no further business to come before objection, it is so ordered. Youth Challenge Program has developed 32 the Senate, I ask unanimous consent programs in 27 States and Puerto Rico; f Whereas since 1993, over 92,850 young indi- that it adjourn under the previous NATIONAL GUARD YOUTH viduals have successfully graduated from the order. CHALLENGE DAY program, with 80 percent earning their high There being no objection, the Senate, school diploma or GED certificate, 24 percent at 7:19 p.m., adjourned until Thursday, Mr. DURBIN. I ask unanimous con- going to college, 18 percent joining the mili- February 25, 2010, at 10 a.m. sent the Senate proceed to the imme- tary, and 57 percent entering the workforce f diate consideration of S. Res. 421, sub- with career jobs; mitted earlier today. Whereas the National Guard Youth Chal- NOMINATIONS The PRESIDING OFFICER. The lenge Program has successfully helped high school dropouts in this Nation; and Executive nominations received by clerk will report the resolution by the Senate: title. Whereas the National Guard Youth Chal- lenge Program can play a larger role in pro- THE JUDICIARY The legislative clerk read as follows: viding assistance to the youth of the United ROBERT NEIL CHATIGNY, OF CONNECTICUT, TO BE A resolution (S. Res. 421) supporting the States: Now, therefore, be it UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- goals and ideals of ‘‘National Guard Youth Resolved, That the Senate— CUIT, VICE GUIDO CALABRESI, RETIRED. GOODWIN LIU, OF CALIFORNIA, TO BE UNITED STATES Challenge Day.’’ (1) supports the goals and ideals of ‘‘Na- CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE A NEW PO- There being no objection, the Senate tional Guard Youth Challenge Day’’; and SITION CREATED BY PUBLIC LAW 110–177, APPROVED JAN- UARY 7, 2008. proceeded to consider the resolution. (2) calls upon the people of the United States to observe ‘‘National Guard Youth WILLIAM JOSEPH MARTINEZ, OF COLORADO, TO BE Mr. DURBIN. I ask unanimous con- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF Challenge Day’’ on February 24, 2010, with COLORADO, VICE EDWARD W. NOTTINGHAM, RESIGNED. sent the resolution be agreed to, the appropriate ceremonies and respect. GARY SCOTT FEINERMAN, OF ILLINOIS, TO BE UNITED preamble be agreed to, the motions to STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT f OF ILLINOIS, VICE ROBERT W. GETTLEMAN, RETIRED. reconsider be laid upon the table, with SHARON JOHNSON COLEMAN, OF ILLINOIS, TO BE no intervening action or debate, and ORDERS FOR THURSDAY, UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLINOIS, VICE MARK R. FILIP, RESIGNED. any statements related to the resolu- FEBRUARY 25, 2009 DEPARTMENT OF JUSTICE tion be printed in the RECORD. Mr. DURBIN. Mr. President, I ask WIFREDO A. FERRER, OF FLORIDA, TO BE UNITED The PRESIDING OFFICER. Without unanimous consent that when the Sen- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF objection, it is so ordered. ate completes its business today it ad- FLORIDA FOR THE TERM OF FOUR YEARS, VICE R. ALEX- The resolution (S. Res. 421) was ANDER ACOSTA. journ until 10 a.m. on Thursday, Feb- LAURA E. DUFFY, OF CALIFORNIA, TO BE UNITED agreed to. ruary 25; that following the prayer and STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF

VerDate Mar 15 2010 04:10 May 18, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S24FE0.REC S24FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S754 CONGRESSIONAL RECORD — SENATE February 24, 2010

CALIFORNIA FOR A TERM OF FOUR YEARS, VICE CAROL CHRISTOPHER JAMES LA FARGUE, OF LOUISIANA DEPARTMENT OF STATE CHIEN-HUA LAM. PHILIP LAMADE, OF MISSOURI ALICIA ANNE GARRIDO LIMTIACO, OF GUAM, TO BE DWAINE ERIQ LEE, OF CALIFORNIA KRISTEN E. AANSTOOS, OF MISSISSIPPI UNITED STATES ATTORNEY FOR THE DISTRICT OF GUAM ALYSSA WILSON LEGGOE, OF NEW JERSEY KATHLEEN ELIZABETH ABNER, OF MARYLAND AND CONCURRENTLY UNITED STATES ATTORNEY FOR JESSE ADAM LEGGOE, OF NEW JERSEY HATIM NELSON AHMED, OF VIRGINIA THE DISTRICT OF THE NORTHERN MARIANA ISLANDS GINGER EDWARDS LONGWORTH, OF SOUTH CAROLINA ZIA AHMED, OF MASSACHUSETTS FOR THE TERM OF FOUR YEARS, VICE LEONARDO M. LESLIE MARBURY, OF GEORGIA ANDREW R. ALBERTS, OF VIRGINIA RAPADAS. BRUCE FREEMAN MCFARLAND, OF WASHINGTON SYED MUJTABA ANDRABI, OF WASHINGTON JOHN B. STEVENS, JR., OF TEXAS, TO BE UNITED ANDREW MCKIM, OF CALIFORNIA ALISON MARIE ASHWELL, OF VIRGINIA STATES ATTORNEY FOR THE EASTERN DISTRICT OF AMY B. MEYER, OF CALIFORNIA MARK DAVID AUBRECHT, OF WASHINGTON TEXAS FOR THE TERM OF FOUR YEARS, VICE REBECCA A. AURELIA MICKO, OF FLORIDA MICHELLE E. AZEVEDO, OF THE DISTRICT OF COLUMBIA A. GREGORY. TRACY JEANNE MILLER, OF OREGON JARI D. BARNETT, OF OKLAHOMA JOHN DALE FOSTER, OF WEST VIRGINIA, TO BE UNITED KERRY MONAGHAN, OF TEXAS JACOB BARRETT, OF VIRGINIA STATES MARSHAL FOR THE SOUTHERN DISTRICT OF DIANE B. MOORE, OF NEW YORK JONATHAN M. BARROW, OF MARYLAND WEST VIRGINIA FOR THE TERM OF FOUR YEARS, VICE MONIQUE MOSOLF, OF FLORIDA CARRIE LYNN BASNIGHT, OF KENTUCKY JAMES DUANE DAWSON. JUNIPER M. NEILL, OF ALASKA AMANDA K. BECK, OF CALIFORNIA GARY MICHAEL GASKINS, OF WEST VIRGINIA, TO BE CHRISTOPHER D. O’DONNELL, OF FLORIDA MICHELLE NICOLE BENNETT, OF CALIFORNIA UNITED STATES MARSHAL FOR THE NORTHERN DIS- MIRIAM ONIVOGUI, OF GEORGIA ANDREW BERDY, OF NEW JERSEY TRICT OF WEST VIRGINIA FOR THE TERM OF FOUR SEAN JOSEPH OSNER, OF TEXAS DUSTIN REEVE BICKEL, OF GEORGIA YEARS, VICE J. C. RAFFETY, RESIGNED. GEOFFREY BROOKS PARISH, OF TEXAS ASHWIN E. BIJANKI, OF VIRGINIA PAUL WARD, OF NORTH DAKOTA, TO BE UNITED JONATHAN CLAYTON RICHTER, OF FLORIDA NATALIE IRENE BONJOC, OF CALIFORNIA STATES MARSHAL FOR THE DISTRICT OF NORTH DA- MICHAEL ALLAN RONNING, OF MINNESOTA STEVEN R. BONSALL, OF VIRGINIA KOTA FOR THE TERM OF FOUR YEARS, VICE DAVID MICHELE A. RUSSELL, OF VIRGINIA KATHLEEN E. BORGESS, OF VIRGINIA SCOTT CARPENTER. CARL ANDREW SEAGRAVE, OF THE DISTRICT OF COLUM- ARIELA BORGIA, OF VIRGINIA BIA MICHAEL D. BOVEN, OF MICHIGAN FOREIGN SERVICE LORRAINE SHERMAN, OF FLORIDA BENJAMIN KIRK BOWMAN, OF COLORADO CYBILL SIGLER, OF TEXAS RYAN G. BRADEEN, OF MAINE THE FOLLOWING NAMED PERSONS OF THE AGENCIES DIEDRE T. BRADSHAW, OF VIRGINIA ROBERT J. SIMMONS, OF THE DISTRICT OF COLUMBIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- KATIE C. BRASIC, OF VIRGINIA R. CHRISTIAN SMITH, OF NEVADA FICERS OF THE CLASSES STATED. STEVEN ARTHUR CONNETT BREMNER, OF MINNESOTA POONAM SMITH-SREEN, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MARY K. BREZIN, OF COLORADO FRANCISCO RICARDO SOMARRIBA, OF FLORIDA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE MATTHEW MCMAHON BRIGGS, OF THE DISTRICT OF CO- SANDRA ANNA STAJKA, OF VIRGINIA DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- LUMBIA JENNIFER J. TIKKA, OF WASHINGTON ICA, CHRISTOPHER M. BRITTON, OF MARYLAND DOANH Q. VAN, OF WASHINGTON SARAH A. BUDDS, OF SOUTH CAROLINA AGENCY FOR INTERNATIONAL DEVELOPMENT CAROLL L. VASQUEZ, OF VIRGINIA EVAN J. BURNS, OF PENNSYLVANIA JORGE E. VELASCO, OF MARYLAND ROBIN J. BRINKLEY HADDEN, OF MARYLAND JOHN PATRICK CALLAN, OF WASHINGTON STEPHANIE ANN WILCOCK, OF WASHINGTON SHARON THAMS CARTER, OF FLORIDA JOSEPH CHRISTOPHER CARNES, OF OHIO GEORGE ZARYCKY, OF VIRGINIA HAVEN G. CRUZ-HUBBARD, OF CALIFORNIA MELANIE ROSE CARTER, OF ILLINOIS MARY PAMELA FOSTER, OF MARYLAND DEPARTMENT OF STATE CHRISTOPHER P. CASAS, OF VIRGINIA BRUCE GELBAND, OF VIRGINIA CHRIS M. CELESTINO, OF THE DISTRICT OF COLUMBIA MIKAELA SAWTELLE MEREDITH, OF VIRGINIA ANTHONY P. KUJAWA, OF MARYLAND BRIAN M. CHARMATZ, OF MARYLAND LESLIE ANN PERRY, OF COLORADO KRISTI J. MIETZNER, OF VIRGINIA CHRISTOPHER A. CHAUNCEY, OF VIRGINIA ROY PLUCKNETT, OF VIRGINIA DAVID R. CHEE, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF GARY ROBBINS, OF COLORADO GEOFFREY KAMEN CHOY, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN SARAH WRIGHT, OF THE DISTRICT OF COLUMBIA MARJORIE CHRISTIAN, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF HEATHER L. CHURCHILL, OF VIRGINIA DEPARTMENT OF STATE AMERICA, MELANIE L. CLARK, OF VIRGINIA JOSEPH AMBROSE KENNY, JR., OF MARYLAND DEPARTMENT OF STATE AMY LAURENCE CONROY, OF THE DISTRICT OF COLUM- ERIC KHANT, OF FLORIDA BIA JEFFREY R. ALLEN, OF THE DISTRICT OF COLUMBIA JASON A. COOK, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF TODD ANDERSON, OF KENTUCKY WILLIAM R. COOK, OF CALIFORNIA CLASS TWO, CONSULAR OFFICER AND SECRETARY IN JAMES D. APPLEGATE, OF MICHIGAN WILLIAM T. COOMBS, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MAHA ANGELINA ARMUSH, OF TEXAS EMILIO CORTES, OF VIRGINIA AMERICA, CHUKA ASIKE, OF TEXAS GREGORY ROY COWAN, OF TEXAS AGENCY FOR INTERNATIONAL DEVELOPMENT WILLIAM D. BAKER, OF TEXAS CHRISTEN LANE DECKER, OF NEW HAMPSHIRE RICHARD C. BLACKWOOD, OF VIRGINIA JONATHAN MORRIS DENNEHY, OF MASSACHUSETTS CANDACE HARRING BUZZARD, OF WASHINGTON STEPHANIE ELIZABETH BOSCAINO, OF TEXAS PHILLIP ANTHONY DE SOUZA, OF MARYLAND JOHN JOSEPH CARDENAS, OF CALIFORNIA THOMAS S. BROWN, OF WASHINGTON JILL WISNIEWSKI DIETRICH, OF THE DISTRICT OF CO- HOLLY FLUTY DEMPSEY, OF WEST VIRGINIA CHRISTIENNE CARROLL, OF CALIFORNIA LUMBIA PETER WILLIAM DUFFY, OF MASSACHUSETTS JEFFREY JOHN CARY, OF THE DISTRICT OF COLUMBIA JULIA SAMPSON DILLARD, OF CALIFORNIA MUSTAPHA EL HAMZAOUI, OF NEW HAMPSHIRE MICHAEL G. CATHEY, OF CALIFORNIA NOAH A. DONADIEU, OF PENNSYLVANIA REBEKAH R. EUBANKS, OF ILLINOIS PERRY YANG CHEN, OF VIRGINIA MELISSA ANN DORSEY, OF ILLINOIS CHRISTIAN WILLIAM HOUGEN, OF VIRGINIA CHRISTINA M. CHESHIER, OF ARIZONA JAMES E. DUCKETT, OF VIRGINIA SHERI-NOUANE BERNADETTE JOHNSON, OF NEW YORK MARTHA ANN CRUNKLETON, OF FLORIDA RUTH LILLIAN DOWE, OF NEW YORK JONATHAN T. KAMIN, OF MARYLAND CHRISTOPHER P. CURRAN, OF NEW HAMPSHIRE WILLIAM ECHOLS, OF WASHINGTON KARIN A. KOLSTROM, OF FLORIDA ROBERTO CUSTODIO, OF FLORIDA JESSICA D. EICHER, OF COLORADO WILLIAM C. MACLAREN, OF VIRGINIA GREGORY D’ALESANDRO, OF MARYLAND JEFFREY GORDON ELSEN, OF WISCONSIN VEENA REDDY, OF CALIFORNIA JOYE L. DAVIS-KIRCHNER, OF MISSOURI HOWARD E. ENNACO, OF VIRGINIA DEPARTMENT OF STATE ANNE B. DEBEVOISE, OF CALIFORNIA RONALD L. ETTER, OF VIRGINIA JAFFAR A. DIAB, OF MASSACHUSETTS KATHRYN LINDSAY FISHER, OF VIRGINIA DANIEL G. BROWN, OF MISSOURI CHRISTOPHER R. DILWORTH, OF VIRGINIA HOWARD A. FREY, OF VIRGINIA KEVIN A. WEISHAR, OF MISSOURI DAVID JOSEPH DRINKARD, OF MISSOURI MARC BRANDON GARTNER, OF CALIFORNIA MARIALICE BURFORD EPERIAM, OF ILLINOIS CASEY THOMAS GETZ, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JASON D. EVANS, OF WASHINGTON RICHARD D. GOPAUL, OF MARYLAND CLASS THREE, CONSULAR OFFICER AND SECRETARY IN KATHLEEN FOX, OF CALIFORNIA MARK OSTAPOVYCH GUL, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KATHEY-LEE GALVIN, OF OREGON AMANDA GUNTON, OF NEW YORK AMERICA, COREY MATTHEW GONZALEZ, OF THE DISTRICT OF CO- JAMES J. HAMBLIN, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT LUMBIA ZENNIA D. HANCOCK, OF NEW YORK GRANT S. GUTHRIE, OF CALIFORNIA CHRISTINE L. HARPER, OF ALABAMA RANDOLPH HENRI AUGUSTIN, OF GEORGIA ANAIDA K. HAAS, OF ALASKA TARA L. HARRISON, OF UTAH SHIRLEY L. BALDWIN, OF VIRGINIA ADAM J. HANTMAN, OF MARYLAND JENNIFER M. HEATH, OF VIRGINIA MICHELLE M. BARRETT, OF MICHIGAN SARA RUTH HARRIGER, OF ALASKA ANNALIESE J. HEILIGENSTEIN, OF TEXAS JAMES A. BERSCHEIT, OF WYOMING JAMES HOLTSNIDER, OF IOWA LAURA HEIMANN, OF VIRGINIA DAVID M. BOGRAN SCHREWE, OF TEXAS AARON D. HONN, OF TEXAS JAMES MICHAEL HENRY, OF MASSACHUSETTS AARON S. BROWNELL, OF TEXAS LUDOVIC L. HOOD, OF THE DISTRICT OF COLUMBIA BENJAMIN E. HETTINGA, OF VIRGINIA LESLIE-ANN A. BURNETTE, OF CALIFORNIA ERIKA LOREL HOSKING, OF VIRGINIA MICHAEL D. HIGHT, OF VIRGINIA MATTHEW ANDREW BURTON, OF NEW HAMPSHIRE CHARLES L. JARRETT III, OF TENNESSEE SIRLI HILL, OF VIRGINIA TAMIKA CAMERON, OF TEXAS HORMAZD J. KANGA, OF KENTUCKY DUANE MARTIN HILLEGAS, OF MARYLAND STANLEY A. CANTON, OF MARYLAND DAVID KRISTIAN KVOLS, OF FLORIDA THOMAS MARTIN HOCHSTETLER, OF VIRGINIA JAMES CHRISTOPHER CARLSON, OF COLORADO FELICIA D. LYNCH, OF FLORIDA ELLEN M. HOFFMAN, OF VIRGINIA CHRISTINA EVE CHAPPELL, OF PENNSYLVANIA MIKA MCBRIDE, OF TEXAS JENNIFER HOLMES, OF UTAH RANDY CHESTER, OF NEVADA MATTHEW C. MCNEIL, OF VIRGINIA JACQUELINE PHILYAW HOSKINS, OF VIRGINIA BLAKE A. CHRYSTAL, OF OREGON KAREN N. MIMS, OF PENNSYLVANIA MARGO MARIE HUENNEKENS, OF CALIFORNIA MARY R. COBB, OF OHIO JUDITH H. MONSON, OF NEW YORK CHRISTIAN BRIAN HUMMEL, OF VIRGINIA BARRY COLLINS, OF NEW HAMPSHIRE ROSHNI MONA NIRODY, OF ALASKA WILLIAM HUNT, JR., OF MARYLAND ANANTA HANS COOK, OF CALIFORNIA SHEILA SOPHIA O’DONNELL, OF ILLINOIS CASEY IORG, OF CALIFORNIA BRADLEY CRONK, OF FLORIDA JUAN CARLOS OSPINA, OF FLORIDA JENNIFER J. ISAKOFF, OF VIRGINIA WALTER DOETSCH, OF TEXAS BENJAMIN NELSON REAMES, OF TEXAS CHARLES L. JEWELL, JR., OF VIRGINIA MYRA YUMIKO EMATA-STOKES, OF CALIFORNIA CHARLES WILSON RUARK III, OF GEORGIA MICHAEL D. JOHNSTONE, OF VIRGINIA LALARUKH FAIZ, OF VIRGINIA SARAH A. SCHMIDT, OF MAINE ALEX JONES, OF WISCONSIN STEPHEN FITZPATRICK, OF NEW HAMPSHIRE HEIDI E. SMITH, OF MICHIGAN JOHN BOYCE JONES, OF VIRGINIA KARLA INEZ FOSSAND, OF MINNESOTA MARC ALAN SNIDER, OF ILLINOIS LEON V. JONES II, OF VIRGINIA MELISSA M. FRANCIS, OF FLORIDA VIRGIL B. STROHMEYER, OF CALIFORNIA LISA KALAJIAN, OF NEW JERSEY STEPHANIE JAMES GARVEY, OF TEXAS ADRIENNE BECK TAYLOR, OF VIRGINIA MARJON E. KAMRANI, OF OHIO MICHAEL GLEES, OF CALIFORNIA REBECCA S. PHELPS THURMOND, OF MICHIGAN JI HONG KANG, OF VIRGINIA GARRET JOHN HARRIES, OF MINNESOTA ANDRES VALDES, OF FLORIDA KATHERINE A. KEEGAN, OF VIRGINIA ANGELA DAWN HOGG, OF CALIFORNIA SOVANDARA YIN, OF OREGON KATHRYN KANE KEELEY, OF THE DISTRICT OF COLUM- HUSSAIN WAHEED IMAM, OF VIRGINIA MADELINA M. YOUNG, OF FLORIDA BIA CORY B. JOHNSTON, OF MAINE ALISHIA KONTOR, OF VIRGINIA TAISHA MUMTAZI JONES, OF THE DISTRICT OF COLUM- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN MARC N. KROEPER, OF VIRGINIA BIA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES KLAUDIA G. KRUEGER, OF FLORIDA MICHAEL G. JUNGE, OF WASHINGTON IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CORINNE M. KUHAR, OF VIRGINIA KAREN D. KLIMOWSKI, OF CALIFORNIA AMERICA: TAMMY L. LAKE, OF FLORIDA PATRICK J. KOLLARS, OF SOUTH DAKOTA DEPARTMENT OF COMMERCE KRISTINA LAW, OF VIRGINIA THOMAS J. KRESS, OF NEW YORK PUI-YUNG LAW, OF VIRGINIA RONALD JAY KRYK, OF TEXAS VINCE H. SUNEJA, OF VIRGINIA MICHAEL A. LEON, OF VIRGINIA

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STEVEN HOWARD LERDA, OF VIRGINIA ROGER LANIER SHIELDS, OF VIRGINIA THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A JOHN T. LEWIS, OF VIRGINIA CRAIG M. SINGLETON, OF FLORIDA TERM EXPIRING NOVEMBER 28, 2012, VICE ELIZABETH PIERRE ANTOINE LOUIS, OF FLORIDA THOMAS MICHAEL SLAYTON, OF THE DISTRICT OF CO- ANN BRYAN, TERM EXPIRED. MIKE LURIE, OF VIRGINIA LUMBIA BRIDGET TERRY LONG, OF MASSACHUSETTS, TO BE A MATTHEW K. MAGGARD, OF VIRGINIA JOHN THOMAS WOODRUFF SLOVER, OF COLORADO MEMBER OF THE BOARD OF DIRECTORS OF THE NA- ANDREW J. MALANDRINO, OF VIRGINIA PAULETTE C. SMALL, OF NORTH CAROLINA TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM JEFFREY M. MARTIN, OF RHODE ISLAND BARRY DANIEL SMITH, OF OREGON EXPIRING NOVEMBER 28, 2012, VICE JOSEPH K. TORGESEN, LEONARD FREDERICK MARTIN, OF MARYLAND DON J. SMITH, OF VIRGINIA TERM EXPIRED. TRACY L. MASUDA, OF VIRGINIA JASON A. SMITH, OF VIRGINIA BILLY F. MCALLISTER, JR., OF VIRGINIA SCOTT M. SMITH, OF VIRGINIA CONGRESS OF THE UNITED STATES BRADLEY THOMAS MCGUIRE, OF VIRGINIA WILLIAM CATLETT SOLLEY, OF VIRGINIA WILLIAM H. MCHENRY II, OF VIRGINIA MICHELLE SOSA, OF CALIFORNIA STEPHEN T. AYERS, OF MARYLAND, TO BE ARCHITECT CHARLOTTE I. MCWILLIAMS, OF TEXAS JUDITH C. SPANBERGER, OF MARYLAND OF THE CAPITOL FOR THE TERM OF TEN YEARS, VICE CANDICE R. MEANS, OF VIRGINIA KENNETH STURROCK, OF FLORIDA ALAN M. HANTMAN, RESIGNED. HENRY WYATT MEASELLS IV, OF VIRGINIA RUDRANATH SUDAMA, OF MARYLAND MICHAEL A. MIDDLETON, OF VIRGINIA JANEL LYNN SUTTON, OF COLORADO IN THE COAST GUARD AMY J. MILLS, OF VIRGINIA PETER J. SWEENEY, OF NEW JERSEY KYLE G. MILLS, OF VIRGINIA DREW TANZMAN, OF CALIFORNIA THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ERIC K. MONTAGUE, OF VIRGINIA ALPER A. TUNCA, OF THE DISTRICT OF COLUMBIA MENT AS PERMANENT COMMISSIONED REGULAR OFFI- GRANT HANLEY MORROW, OF PENNSYLVANIA TOMMY VARGAS, OF VIRGINIA CERS IN THE UNITED STATES COAST GUARD IN THE DAVID JEFFREY MOURITSEN, OF UTAH GARETH JOHN VAUGHAN, OF THE DISTRICT OF COLUM- GRADES INDICATED UNDER TITLE 14, U.S. CODE, SECTION PETER D. MUCHA, OF VIRGINIA BIA 211: AMY P. MULLIN, OF VIRGINIA ERIC VELA, OF VIRGINIA PAUL W. NEVILLE, OF THE DISTRICT OF COLUMBIA CHRISTOPHER VOLPICELLI, OF VIRGINIA To be lieutenant commander ALBERT FRANCISCO OFRECIO, OF CALIFORNIA JOHN PHILIPS WATERMAN, OF MASSACHUSETTS JOANN F. BURDIAN JUNG OH, OF VIRGINIA MARK A. WILKINS, OF VIRGINIA KELLY K. DENNING STEPHANIE NICOLE PADGETT, OF VIRGINIA CHRISTAL G. WINFORD, OF VIRGINIA BENJAMIN PARSELL, OF THE DISTRICT OF COLUMBIA JOANNA K. WOJCIK, OF VIRGINIA To be lieutenant VIKAS C. PARUCHURI, OF PENNSYLVANIA HSUEH-TING WU, OF CALIFORNIA MICHAEL PENNELL, OF TENNESSEE HEATHER LOUISE YORKSTON, OF MARYLAND TORREY H. BERTHEAU SEVERIN J. PEREZ, OF VIRGINIA LAUREN U. FULLAM NATIONAL BOARD FOR EDUCATION SCIENCES ROBERT A. PERLS, OF NEW MEXICO KENNETH R. MORTON ANDREA LYN PETERSON, OF THE DISTRICT OF COLUM- ADAM GAMORAN, OF WISCONSIN, TO BE A MEMBER OF DAWN N. PREBULA BIA THE BOARD OF DIRECTORS OF THE NATIONAL BOARD CHARLES SAUNDERS PORT, OF VIRGINIA FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- IN THE ARMY KERRI R. PROVENCIO, OF VIRGINIA VEMBER 28, 2011, VICE RICHARD JAMES MILGRAM, TERM MICHAEL JOSEPH PRYOR, OF CALIFORNIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXPIRED. MICHAEL G. RAMSEY, OF VIRGINIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEBORAH LOEWENBERG BALL, OF MICHIGAN, TO BE A CHARLES ANTHONY RAYMOND, OF VIRGINIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MEMBER OF THE BOARD OF DIRECTORS OF THE NA- AMY NICOLE REICHERT, OF COLORADO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM ANTHONY S. RIDGEWAY, OF VIRGINIA EXPIRING NOVEMBER 28, 2012, VICE CAROLINE M. HOXBY, EDWARD LEWIS ROBINSON III, OF MARYLAND To be general TERM EXPIRED. SETH R. ROGERS, OF SOUTH CAROLINA JARED D. ROSS, OF MARYLAND DEPARTMENT OF EDUCATION LT. GEN. JAMES D. THURMAN ALISON ROTH, OF VIRGINIA THE FOLLOWING NAMED UNITED STATES ARMY RE- EDUARDO M. OCHOA, OF CALIFORNIA, TO BE ASSIST- CRAIG ANTHONY RYCHEL, OF THE DISTRICT OF COLUM- SERVE OFFICER FOR APPOINTMENT AS THE CHIEF, ANT SECRETARY FOR POSTSECONDARY EDUCATION, DE- BIA ARMY RESERVE AND APPOINTMENT TO THE GRADE INDI- PARTMENT OF EDUCATION, VICE DIANE AUER JONES, RE- ANNE G. SAUNDERS, OF VIRGINIA CATED UNDER PROVISIONS OF TITLE 10, U.S.C., SECTIONS SIGNED. TAMARA L. SCOTT, OF MARYLAND 3038 AND 601: TIMOTHY JAMES SCOVIN, OF THE DISTRICT OF COLUM- NATIONAL BOARD FOR EDUCATION SCIENCES BIA To be lieutenant general ELIZABETH SELLEN, OF THE DISTRICT OF COLUMBIA MARGARET R. MCLEOD, OF THE DISTRICT OF COLUM- MICHAEL R. SHAW, OF VIRGINIA BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF LT. GEN. JACK C. STULTZ, JR.

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HONORING MR. PAUL FOREMAN Walton Beach City Council, where he served In July 2008, the U.S. Conference of Catholic faithfully until his passing. Bishops Migration & Refugee Services said HON. BRIAN HIGGINS Madam Speaker, on behalf of the United this about the minority religious communities: ‘‘These groups, whose home has been what is OF NEW YORK States Congress, I am humbled to recognize Virgil Miller as a veteran, public servant, com- now Iraq for many centuries, are literally being IN THE HOUSE OF REPRESENTATIVES munity volunteer, and loving father and hus- obliterated—not because they are fleeing gen- Wednesday, February 24, 2010 band. My wife Vicki and I offer our prayers for eralized violence but because they are being Mr. HIGGINS. Madam Speaker, I rise today his entire family, including his wife, Kathy, his specifically and viciously victimized by Islamic to pay tribute to the years of service given to children, Michelle, Kristyn, and Randy, his extremists and, in some cases, common crimi- the people of Chautauqua County by Mr. Paul grandchildren, and entire extended family as nals.’’ Foreman. Mr. Foreman served his constitu- we remember and honor the life of Virgil Mil- Reports indicate that since 2003, more than ency faithfully and justly during his tenure as ler. He will be truly missed by all of us. 200 Christians have been killed in Iraq, and the Town of Dunkirk Highway Superintendent. f since June 2004, 65 churches have been at- Public service is a difficult and fulfilling ca- tacked or bombed. The situation facing these reer. Any person with a dream may enter but EXPRESSING THE SENSE OF THE minority communities is not improving. In fact only a few are able to reach the end. Mr. HOUSE OF REPRESENTATIVES there has been a recent uptick in violence in Foreman served his term with his head held ON RELIGIOUS MINORITIES IN the lead up to the elections in Iraq. A Reuters high and a smile on his face the entire way. IRAQ story last week reported that, ‘‘With Iraq’s I have no doubt that his kind demeanor left a March 7 parliamentary vote looming, a spike SPEECH OF lasting impression on the people of Chau- in attacks against Christians could be a sign of tauqua County. HON. FRANK R. WOLF voter intimidation by factions in the bitter Kurd- Arab dispute, or another attempt by al Qaeda We are truly blessed to have such strong in- OF VIRGINIA to derail the election.’’ dividuals with a desire to make this county the IN THE HOUSE OF REPRESENTATIVES wonderful place that we all know it can be. Mr. I have appreciated Ambassador Chris Hill’s Foreman is one of those people and that is Tuesday, February 23, 2010 commitment to this issue. In recent cor- why Madam Speaker I rise to pay tribute to Mr. WOLF. Madam Speaker, I rise in sup- respondence he indicated that ‘‘the security of him today. port of H. Res. 944 and thank the Chair and the Christian community remains one of my paramount concerns, especially in light of at- f Ranking Member for their efforts to bring this to the floor for consideration at such a pivotal tacks directed at Christian churches in Bagh- RECOGNIZING THE PASSING OF time in Iraq. dad and Mosul over the past five months.’’ VIRGIL MILLER A February 6 ABC News story opened with But there needs to be leadership from the the following observation: ‘‘Across the Middle highest levels within the State Department as HON. JEFF MILLER East, where Christianity was born and its fol- well. I have long advocated, both during the previous administration and in the current ad- OF FLORIDA lowers once made up a sizable portion of the ministration, that the U.S. needs to adopt a IN THE HOUSE OF REPRESENTATIVES population, Christians are now tiny minorities.’’ This is perhaps no more true than in Iraq. comprehensive policy to address the unique Wednesday, February 24, 2010 With the exception of Israel, the Bible contains situation of these defenseless minorities. This Mr. MILLER of Florida. Madam Speaker, I more references to the cities, regions and na- resolution includes language urging the Sec- rise today to recognize Mr. Virgil White Miller, tions of ancient Iraq than any other country. retary of State to develop just such a strategy. who passed away on February 20, 2010 at the The patriarch Abraham came from a city in It is time for this administration to start tak- age of 68. Virgil spent his life serving his Iraq called Ur. Isaac’s bride, Rebekah, came ing religious freedom seriously. The position of country, his community, his family, and his from northwest Iraq. Jacob spent 20 years in U.S. ambassador for International Religious church, and I am honored to recognize his life Iraq and his sons (the 12 tribes of Israel) were Freedom has been vacant for more than a of dedication and service. born in northwest Iraq. A remarkable spiritual year while other more junior posts have been A native of Texas, Virgil Miller graduated revival as told in the book of Jonah occurred filled. There’s a saying in Washington that per- from Texas A&M University with a Bachelor of in Nineveh. The events of the book of Esther sonnel is policy. When there isn’t personnel, Science in Mechanical Engineering in 1964. In took place in Iraq as did the account of Daniel the policy inevitably suffers. college, Virgil met his wife, Kathryn Rogers, in the Lion’s Den. The ancient faith communities of Iraq and and he served in the Corps of Cadets. Upon Tragically Iraq’s ancient Christian commu- others enduring religious persecution world- graduation, he received a commission in the nity is facing extinction. The U.N. High Com- wide deserve a voice. This resolution is a step United States Air Force and moved to Fort mission for Refugees estimates that some in the right direction. Walton Beach, Florida. Virgil worked as a Me- 250,000 to 500,000 Christians have left the f chanical Engineer for the Air Force Armament country since 2003, or about half the Christian Laboratory at Eglin Air Force Base. He and population. According to the bipartisan U.S. PERSONAL EXPLANATION his wife loved Northwest Florida so much that Commission on International Religious Free- they decided to stay, and Virgil began his 32 dom (USCIRF), ‘‘while Christians and other re- HON. ADAM SMITH year career as a civil servant with the Air ligious minorities represented only approxi- OF WASHINGTON Force Research Laboratory, retiring in 2000. mately 3 percent of the pre-2003 Iraqi popu- IN THE HOUSE OF REPRESENTATIVES In addition to his service to our country, Vir- lation, they constitute approximately 15 and 20 gil was an active member of our Northwest percent of registered Iraqi refugees in Jordan Wednesday, February 24, 2010 Florida community. A dedicated member of and Syria, respectively, and Christians ac- Mr. SMITH of Washington. Madam Speaker, Fort Walton Beach First Baptist Church, he count for 35 and 64 percent, respectively, of on Monday, February 22, 2010, I was unable taught Sunday School, church training, Royal all registered Iraqi refugees in Lebanon and to be present for recorded votes. Had I been Ambassadors, and was a deacon, serving as Turkey.’’ present, I would have voted ‘‘yes’’ on rollcall chairman of deacons for two terms. Virgil also It is critical to note, as the figures above in- vote No. 49 (on the motion to suspend the participated in disaster relief efforts with the dicate, that the violence and intimidation that rules and pass H.R. 4425) and ‘‘yes’’ on roll- Florida Baptist Convention on numerous occa- Iraq’s Christians and other vulnerable ethno- call vote No. 50 (on the motion to suspend the sions. In 2007, Virgil was elected to the Fort religious communities have faced is targeted. rules and pass H.R. 4238).

∑ 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 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.001 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E220 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 HONORING HUGH GOODWIN Trust. Susanne is a tireless advocate for the 2004, he was a top ten finalist for the NABT environmental protection of Lake County who Outstanding Biology Teacher in Florida, and in HON. GEORGE RADANOVICH will be missed by everyone in the conservation 2005, Mr. Varner earned the NABT Florida OF CALIFORNIA community. Outstanding Biology Teacher Award. IN THE HOUSE OF REPRESENTATIVES Mrs. Scholz grew up in Alberta, Canada and Beyond the awards and the achievements, received her B.A. with honors in liberal arts Mr. Varner is a top-notch teacher and a dedi- Wednesday, February 24, 2010 from Sonoma State University. She was a cated public servant. He goes above and be- Mr. RADANOVICH. Madam Speaker, I rise founding member of the Lake County Land yond the call of duty to serve his students, uti- today to posthumously honor Hugh Goodwin Trust in 1993 and became executive director lizing real-world techniques to teach them con- upon being honored with the ‘‘Trail Blazers in 2000. Mrs. Scholz is an accomplished writer cepts beyond the classroom. His students sign Award’’ by the African American Museum. Mr. as well; she is a popular local nature col- contracts, receive job orders, and earn pay- Goodwin will be honored at the African Amer- umnist who also authored an anthology of checks for work completed. When the Tate ican History Month Celebration and Banquet poems and short stories. Suzanne is an avid administration was faced with canceling a on Saturday, February 6th, 2010 in Fresno, birder and a knowledgeable naturalist whose dual-enrollment biology class because of low California. keen skills of observation have enhanced her enrollment, Mr. Varner volunteered to sacrifice Mr. Hugh Wesley Goodwin, Sr. was born on connection to the land and ability to serve in one of his planning periods to teach the class May 6, 1921 to James and Anna Goodwin. He her position. in spite of the cutback. His innovative methods was the youngest of seven children. The fam- Mrs. Scholz has not only dedicated her pro- of teaching have been adapted and utilized by ily settled in Steelton, Pennsylvania where his fessional skills to the conservation movement dozens of other faculty members. father worked both as a steel worker and a but her personal time as well. She serves as Mr. Varner’s tremendous efforts extend well Baptist minister. Mr. Goodwin served in the the membership chair for Redbud Audubon outside of his biology classroom. He served as military during World War II. Upon his dis- Society and is a member of the Lake County the Senior Executive Board Advisor for nine charge he graduated from Harvard Law Grading Ordinance Committee, Lake County years, teaching students to lead others and in- School and moved to California to practice Resource Advisory Committee for the Secure spiring them to achieve success. He has also law. Rural Schools Program, and she is a former served as a scoutmaster, youth and music Mr. Goodwin was the first African American board member of the Anderson Marsh Inter- minister, and a volunteer for Habitat for Hu- lawyer and judge in Fresno County. He pretative Association. manity and Relay for Life. Mr. Varner is also opened his law practice in Fresno during the Madam Speaker and colleagues, it is appro- known as the voice of Tate’s band, the early 1950’s. In 1957 Mr. Goodwin married priate at this time that we thank Susanne Showband of the South, and is commonly Frances Jones. Together they raised four chil- Scholz for her years of dedication and service viewed as the custodian of the cultural history dren; Hugh, Paul, Anna and Tom. on behalf of Lake County. She has been an of Tate High School. Over the next fifty years, Mr. Goodwin con- exceedingly intelligent, reliable and profes- Madam Speaker, on behalf of the United tinuously advocated for disadvantaged people sional executive director of the Land Trust States Congress, I am privileged to recognize and challenged the racial boundaries at the who oversaw a vast expansion of conservation Michael Varner as the Escambia Teacher of time. Through his perseverance and advo- in Lake County. I join her husband Jim in the Year. He is a dedicated teacher, an inspi- cacy, he earned a wide range of respect from thanking Susanne and wishing her a lifetime ration to his students, and an honorable public his peers, as well as members of the commu- of fulfillment. servant. Vicki and I wish Mr. Varner, his wife nity. Mr. Goodwin was very active in the com- f Kathleen, and his sons, Jason and Brian, all munity. He was a member of the Equal Op- the best for the future. RECOGNIZING MICHAEL VARNER portunities Commission Legal Council and vol- f unteered at the Fresno Rescue Mission. Mr. AS THE ESCAMBIA COUNTY Goodwin served as President of the Fresno TEACHER OF THE YEAR HONORING AMANDA PRUNTY, Black Caucus and President of the West Fres- SAMANTHA O’ROURKE, CEDRIC no Little League. After the little league games, HON. JEFF MILLER WILSON, AND ALLISON Mr. Goodwin would take the scores and high- OF FLORIDA MENDITTO FOR WINNING THE lights to The Fresno Bee to be published in IN THE HOUSE OF REPRESENTATIVES HONORING OUR FUTURE LEAD- ERS COMPETITION the paper the next day. He was a devout Wednesday, February 24, 2010 Christian; he attended Second Baptist Church and served many years as a deacon and a Mr. MILLER of Florida. Madam Speaker, I HON. STEVE ISRAEL rise today to recognize Mr. Michael Varner Sunday school teacher. OF NEW YORK upon receiving the Escambia County, Florida In 1976, Mr. Goodwin was appointed to the IN THE HOUSE OF REPRESENTATIVES municipal court bench in Fresno County. While Teacher of the Year Award. For thirty-five Wednesday, February 24, 2010 serving on the bench, he gained national at- years, Mr. Varner has been an inspiration to tention when he sentenced convicted defend- his students, his colleagues, and his commu- Mr. ISRAEL. Madam Speaker, I rise today ants to church rather than serving jail time or nity, and I am honored to recognize his to acknowledge four students in my district, paying fines. Throughout the controversy, he achievements. Amanda Prunty, Samantha O’Rourke, Cedric remained committed to his beliefs. Mr. Good- After receiving his Bachelor of Science Edu- Wilson, and Allison Menditto, from Bay Shore win returned to private practice in 1978 and cation Degree and from the University of West High School. remained practicing until 1996. Mr. Goodwin Florida, Mr. Varner began his teaching career These students will receive the Honoring passed away in 2004. at J.M. Tate High School in 1975. For thirty- Our Future Leaders Award on February 27, Madam Speaker, I rise today to post- five years, Mr. Varner has been at the van- 2010. To win this award, they wrote their own humously honor Hugh Goodwin. I invite my guard of teaching at Tate. He taught anatomy rendition of the ‘‘I Have a Dream’’ speech de- colleagues to join me in honoring his life and and physiology for eleven years, botany for livered by Martin Luther King, Jr. wishing the best for his family. ten years, and biology for thirty-five years. He I am proud to honor Amanda, Samantha, f has also worked as a Dual-Enrolled instructor Cedric, and Allison for their academic and per- with Pensacola Junior College for fourteen sonal achievements and congratulate them HONORING SUSANNE SCHOLZ OF years. Since 2004, he has served as an ad- upon the receipt of this prestigious award. LAKE COUNTY, CALIFORNIA junct professor at PJC. Mr. Varner is a mem- f ber and a leader of the National Association of HON. MIKE THOMPSON Biology Teachers (NABT) and the National HONORING WAYNE WERTS OF CALIFORNIA Science Teachers Association (NSTA). IN THE HOUSE OF REPRESENTATIVES Mr. Varner has been widely recognized and HON. MICHAEL H. MICHAUD honored for his years of teaching the students Wednesday, February 24, 2010 OF MAINE at Tate High School. He received the Tate IN THE HOUSE OF REPRESENTATIVES Mr. THOMPSON of California. Madam Teacher of the Year Award in 1976, 1990, and Speaker, I rise today to recognize Susanne 2010 and has been nominated twice for the Wednesday, February 24, 2010 Scholz on the occasion of her retirement as Presidential Award for Excellence in Science Mr. MICHAUD. Madam Speaker, I rise executive director of the Lake County Land and Mathematics Program. From 1998 to today to recognize the accomplishments of

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.003 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS February 24, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E221 Wayne Werts of Auburn, Maine on the occa- HONORING TIFFANI JONES FOR rade’’ in the country and achieves its success sion of his retirement. WINNING THE HONORING OUR through strong community participation and Having served his community for 33 years FUTURE LEADERS COMPETITION the commitment of the Tucson Rodeo Parade as a firefighter and an Emergency Medical Committee. Technician (EMT), Wayne Werts exemplifies HON. STEVE ISRAEL The Tucson Rodeo Parade has become the dedication and perseverance that our OF NEW YORK such a cherished event that schoolchildren country holds in the highest esteem. Wayne long have been given the day off so they can IN THE HOUSE OF REPRESENTATIVES joined the Auburn Fire Department on May 2, attend the festivities. In offices and work 1977. As an EMT, Wayne further advanced Wednesday, February 24, 2010 places all across Tucson jeans and cowboy himself through an Associate’s Degree in Fire Mr. ISRAEL. Madam Speaker, I rise today boots are acceptable attire on parade day. Science, and then through a Paramedic certifi- to acknowledge a student in my district, Tiffani As a third generation southern Arizonan, I cation—credentials which helped lead to Jones, from Central Islip High School. am proud to recognize the Tucson Rodeo Pa- Wayne being named Auburn Fire Department Tiffani will receive the Honoring Our Future rade on its 85th anniversary and to commend Chief on March 22, 2001. Leaders Award on February 27, 2010. To win the Tucson Rodeo Parade Committee for sus- In addition to his accomplishments as an this award, she wrote her own rendition of the taining this wonderful tradition. active firefighter and EMT, Wayne is a long- ‘‘I Have a Dream’’ speech delivered by Martin f standing leader in his community. He served Luther King, Jr. COMMENDING ROBERT BUSHELL as President of the Auburn Firefighters Asso- I am proud to honor Tiffani for her academic ciation for 6 years and is in his seventh year and personal achievements and congratulate serving on the Maine Fire Chiefs’ Association her upon the receipt of this prestigious award. HON. JAMES R. LANGEVIN Board of Directors as the representative for OF RHODE ISLAND f Androscoggin County. For 12 years, he has IN THE HOUSE OF REPRESENTATIVES been appointed by the Governor to serve on CONGRESSIONAL RECOGNITION Wednesday, February 24, 2010 the Maine Emergency Medical Services (EMS) FOR THE TUCSON RODEO PA- Board as the Municipal EMS Provider Rep- RADE—‘‘LA FIESTA DE LOS Mr. LANGEVIN. Madam Speaker, I rise resentative. In addition, Wayne serves on the VAQUEROS’’ today to commend Robert Bushell, who re- Task Force for the All Hazards Training Facili- cently won national recognition from the Read- ties Study. While Wayne’s dedicated leader- HON. GABRIELLE GIFFORDS ing Recovery Council of North America. Mr. ship will be missed, he leaves a legacy that Bushell is currently the elementary education OF ARIZONA has increased the effectiveness and strength director in my home town of Warwick, Rhode IN THE HOUSE OF REPRESENTATIVES of his community’s safety departments as well Island. as that of the entire State of Maine. Wednesday, February 24, 2010 Mr. Bushell has devoted more than 40 years Madam Speaker, please join me in honoring Ms. GIFFORDS. Madam Speaker, I rise to public education, including time as principal Wayne Werts for his lifelong dedication and today to recognize the Tucson Rodeo Parade of Lippitt Elementary School. It was there that service to his community. which on Thursday celebrates its 85th anniver- he began his involvement with the Reading Recovery program, a short-term program of f sary. The Parade Grand Marshall is James ‘‘Big Jim’’ Griffith, beloved storyteller, musi- one-on-one tutoring for first graders struggling EXPRESSING THE SENSE OF THE with early reading and writing. When training HOUSE OF REPRESENTATIVES cian, and folklorist and a Tucson tradition in his own right. locations for Reading Recovery closed in ON RELIGIOUS MINORITIES IN Rhode Island, Mr. Bushell fought to obtain IRAQ Known as ‘‘La Fiesta de los Vaqueros,’’ the parade is a time-honored tradition for thou- funding for the construction of a Reading Re- covery site in Warwick. Several different SPEECH OF sands of residents and visitors. It is a much- anticipated community event that reminds us school districts in the State now use the War- HON. JOHN CONYERS, JR. of our past as a region shaped by the inde- wick facilities to train in the program. OF MICHIGAN In addition to securing funds to open up the pendence, drive, and determination of cow- IN THE HOUSE OF REPRESENTATIVES Reading Recovery location, Mr. Bushell’s ef- boys and cowgirls. forts have paid off with the students them- Tuesday, February 23, 2010 The Tucson Rodeo Parade first was held on selves. After 20 weeks of 30–minute tutoring Mr. CONYERS. Madam Speaker, today I Saturday, February 21, 1925. Arizona had sessions with a trained teacher, these stu- rise in strong support of H. Res. 944, express- been a State for only 13 years, and Tucson dents are achieving higher scores on the ing the sense of the House of Representatives was still very much a rough and tumble com- NECAP (New England Common Assessment on religious minorities in Iraq. Today’s resolu- munity on the edge of the American frontier. Program) and maintaining those scores for tion highlights the struggles of Iraqi minorities My hometown and home State were very dif- years afterwards. ferent places 85 years ago. All of Arizona since the invasion of Iraq in 2003 and offers Robert Bushell has richly earned the com- back then had a population smaller than Tuc- solutions for peaceful reconciliation for the mendation that the Reading Recovery Council son is today. Iraqi people. is bestowing upon him. Rhode Island has Madam Speaker, Southeast Michigan has The inaugural Rodeo Parade rolled through been lucky to have Mr. Bushell as an educator one of the largest Arab-American populations downtown Tucson the same year the city pur- for over 40 years and to have his support on outside the Middle East. It is estimated that chased 1,280 acres on its cactus-studded out- this educational program for 20 years as well. skirts for a municipal airport. This swath of there are well over 300,000 in Michigan, many Madam Speaker, I ask all my colleagues to desert would, in just a few short years, be- of whom are Iraqi-American and are con- join with me in congratulating Robert Bushell come the home of Davis-Monthan Air Force cerned on the future of Iraq. Specifically, the and wishing him continued success with the Base, one of our Nation’s premier military in- bill calls on the United States and United Na- Reading Recovery Program in Rhode Island. tions to urge the Iraqi government to provide stallations. religious minorities with safe places of wor- Prizes for entrants in the first parade, long f ship, guarantee protection of religious minori- before air conditioning or the modern super- HONORING ARIANNA PANTIN AND ties, and ensure legal and political rights of market, included a 750-pound block of ice, JANAI CLARK FOR WINNING THE this vulnerable population. This is vital be- 100 pounds of potatoes and a ‘‘Big Cactus’’ HONORING OUR FUTURE LEAD- cause many of the more than 2.7 million Iraqi ham. ERS COMPETITION refugees are religious minorities. This colorful and exciting parade continues Today’s resolution will compliment President today as a kickoff for the Tucson Rodeo. The HON. STEVE ISRAEL Obama’s commendable plan to withdraw from parade is a salute to southern Arizona’s rich OF NEW YORK Iraq in the summer of 2011. While withdrawal ranching history and our community’s close IN THE HOUSE OF REPRESENTATIVES will do much to stabilize and empower the ties with Mexico. With the nickname of ‘‘La Fi- sovereign nation of Iraq, it is also important esta de los Vaqueros,’’ the rodeo and the pa- Wednesday, February 24, 2010 that the United States do its part to actively rade are a true ‘‘party of the cowboys.’’ Mr. ISRAEL. Madam Speaker, I rise today assist the Iraqi people in establishing policies The Tucson Rodeo Parade keeps alive the to acknowledge two students in my district, that protect the civil rights and liberties of all spirit of that first parade. It long has been Arianna Pantin and Janai Clark, from Deer Iraqi citizens. known as ‘‘The Largest Non-Motorized Pa- Park High School.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.005 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E222 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 Arianna and Janai will receive the Honoring Public Relations specialist for the American These students will receive the Honoring Our Future Leaders Award on February 27, Health Care Association. During his time at Our Future Leaders Award on February 27, 2010. To win this award, they wrote their own the AHCA, he wrote the Patients Bill of Rights 2010. To win this award, they wrote their own rendition of the ‘‘I Have a Dream’’ speech de- for nursing home residents. In 1982, Mr. Codel rendition of the ‘‘I Have a Dream’’ speech de- livered by Martin Luther King, Jr. suffered a brain tumor, which left him unable livered by Martin Luther King, Jr. I am proud to honor Arianna and Janai for to perform his duties at AHCA, and he be- I am proud to honor Ashley and Jamilah for their academic and personal achievements came a free-lance writer. their academic and personal achievements and congratulate them upon the receipt of this Along with his passion for family, travel, and and congratulate them upon the receipt of this prestigious award. work, he also had a great love for politics and prestigious award. f the political process. He was involved with the Arlington Democratic Committee for many f HONORING THE LIFE OF MICHAEL years, campaigning for several County Board RICHARD CODEL members, several Governors of Virginia, and PERSONAL EXPLANATION also volunteered under the Carter administra- HON. JAMES P. MORAN tion in the White House press section. Michael HON. JERROLD NADLER OF VIRGINIA Codel led a good life and left behind a legacy OF NEW YORK IN THE HOUSE OF REPRESENTATIVES which will keep him in our hearts forever. He will be greatly missed by many. IN THE HOUSE OF REPRESENTATIVES Wednesday, February 24, 2010 f Wednesday, February 24, 2010 Mr. MORAN of Virginia. Madam Speaker, I rise today to pay tribute to the life of Michael HONORING SGT. ALAN HAYMAKER Mr. NADLER of New York. Madam Speaker, Richard Codel, longtime journalist, Democratic I missed one vote on February 23, 2010. I activist and former member of the Peace HON. MIKE QUIGLEY would have voted ‘‘aye’’ on rollcall vote No. 55, final passage of H. Res. 1046. Corps, who passed away January 13, 2010. OF ILLINOIS Mr. Codel was a resident of Arlington and IN THE HOUSE OF REPRESENTATIVES neighbor and dear friend of my colleague, f Representative MIKE PENCE. He was born in Wednesday, February 24, 2010 BILLY’S LAW Baltimore on April 20, 1939. Prior to grad- Mr. QUIGLEY. Madam Speaker, I rise today uating from Oberlin with a degree in political to honor a fallen hero of Chicago, police Sgt. science in 1960, he spent many hours at the Alan Haymaker. Alan was killed in the line of SPEECH OF campus radio station, WOBC Radio. Unbe- duty Sunday night in a tragic car accident HON. ROSA L. DeLAURO knownst to him at the time, his hours spent at while responding to a burglary call. A husband OF CONNECTICUT the WOBC would become a launching pad for and father of three, Alan was just 56 years the endeavors he would delve into for the du- old. IN THE HOUSE OF REPRESENTATIVES ration of his life. Alan was a third generation police officer, Tuesday, February 23, 2010 Mr. Codel lived a life that was nothing short but before he was an officer he was a man of Ms. DELAURO. Madam Speaker, I rise to of exciting. Following graduation, he worked the cloth. A graduate of both the Moody Bible voice my support of H.R. 3965, the Help Find as a copy boy at the Democratic National Institute and Trinity Evangelical University, he the Missing Act, a.k.a. ‘‘Billy’s Law.’’ Presidential Convention, and shortly thereafter spent the early part of his life as an associate found a post at the Cincinnati Post for a year pastor at an evangelical church on the North- Named after Billy Smolinski, a 31-year-old and a half as a desk reporter. In December of west Side. In 1988, he traded in his robe for Connecticut man who went missing in 2004, 1962 he traveled to Nigeria to teach English a badge, but his faith made him a different this Act revamps our national systems for find- for his Peace Corps assignment. In June of kind of police officer. ing and identifying missing persons for the 1963, he transferred to Radio Kaduna TV, Alan’s commitment to his community never 21st century, and provides families with the where he produced educational TV programs, wavered for an instant after he changed ca- updated tools and technology they need to driving around on a moped with a cameraman reer paths. He stood out for letting neighbor- find loved ones who have disappeared. and interviewing government officials. Mr. hood meetings run sometimes hours long just Right now, we have two databases for miss- Codel returned to the States in 1964, and took so he could hear from everyone in the room. ing persons and unidentified remains in Amer- a job as a desk assistant to Howard Cosell. Twelve years ago he was promoted to Ser- ica—the National Missing and Unidentified Longing to return to Nigeria, he landed a job geant, where he mentored countless young of- Persons System (NamUS) and the FBI’s Na- with the AP London office to return to Nigeria, ficers ensuring that Chicagoans will benefit tional Crime Information Center, NCIC. And where he was posted in the Congo, instead. from his counsel, service and wisdom for yet, neither share data with the other, and For the next few years, Mr. Codel covered a years to come. thus too much information slips through the number of coup d’etats in Africa up until 1967. Today, I offer my deepest sympathy and bureaucratic cracks. In 1965, on a trip to Congo, Mr. Codel took a most profound condolences to the Haymaker ‘‘Billy’s Law’’ rectifies this glaring error by picture of a Congolese man rolling up his family and anyone who ever knew or worked combining these two systems into one com- sleeves. Soon thereafter, this picture was with Alan and grieves his passing. Portage prehensive database and funding it appro- used on all Congolese paper money. After he Park and all of us in the 5th district have lost priately, one that families can use and even wrote an article that President Mobuto found one of our finest. May Sgt. Alan Haymaker update with additional information on loved displeasing, he was asked to leave the coun- rest in peace. ones who have disappeared. This bill is an outgrowth of recommendations made in the try. But, it was also in the Congo where he f met his future wife Birte Nielsen, who was wake of Connecticut’s 2007 Law Enforcement working for the Danish Red Cross at a teach- HONORING ASHLEY MORENO AND and Missing Persons Act, and it is an easy fix ing hospital. Mr. Codel returned to London to JAMILAH LINDO FOR WINNING that will redound to the benefit of families all work for the AP until 1969. There, his son, Ed- THE HONORING OUR FUTURE across America in search of a missing loved ward Kai Codel was born. LEADERS COMPETITION one. In 1969, he moved his family to Geneva to No one should have to deal with all the bu- work for Business International as an asso- HON. STEVE ISRAEL reaucratic frustrations and red tape experi- ciate editor for the Magazine Business Europe OF NEW YORK enced by Billy’s family as they searched for covering Africa and Scandinavia. While work- IN THE HOUSE OF REPRESENTATIVES him. Put simply, ‘‘Billy’s Law’’ removes a ing for Business International he wrote Swe- needless barrier between two stovepiped data- den: Toward a Post-Industrial Society and Wednesday, February 24, 2010 bases and brings our missing persons sys- Prospects for Business in Developing Africa, Mr. ISRAEL. Madam Speaker, I rise today tems up-to-date with 21st century technology. and his daughter, Kirsten Roslyn Trego was to acknowledge two students in my district, I urge my colleagues to support this bill, and born. Mr. Codel and his family returned to the Ashley Moreno and Jamilah Lindo, from Am- to give thousands of American families the United States in 1974, where he worked as a ityville High School. tools and the peace of mind they deserve.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.006 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS February 24, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E223 HONORING ALFRED MULLER, In 2009, he fulfilled one of his dreams, the USPC is currently responsible for granting, AROSA ARSHAD, DIMITRI JONES, showcasing his music at a sold out Palacio de denying or revoking parole, and making deter- EBONEE PADILLA, AND los Deportes, an indoor sports complex in minations regarding supervised release. For ESTEFONIA YACTAYO FOR WIN- Mexico City, where he sang and performed. D.C. Code Offenders who committed crimes NING THE HONORING OUR FU- I am humbled that Mr. Vicente Fernandez, after August 4, 2000, and who are sentenced TURE LEADERS COMPETITION Jr., a proven Mexican ambassador of the arts to a determinate sentence of imprisonment fol- and culture, was able to join our community of lowed by a term of supervised release, the HON. STEVE ISRAEL Brownsville to celebrate the Charro Days Fi- USPC is responsible for making determina- OF NEW YORK esta. tions regarding supervised release. The USPC also has other ongoing duties. IN THE HOUSE OF REPRESENTATIVES I ask my colleagues to join me in recog- nizing the work, leadership, vision and efforts These responsibilities include granting or de- Wednesday, February 24, 2010 of Mr. Vicente Fernandez, Jr., to promote the nying parole for United States citizens con- Mr. ISRAEL. Madam Speaker, I rise today arts and culture, which make him an extraor- victed of crimes in a foreign country who elect to acknowledge five students in my district, Al- dinary Mr. Amigo 2009. to return to the United States to complete their sentences, parole-related functions for certain fred Muller, Arosa Arshad, Dimitri Jones, f Ebonee Padilla, and Estefonia Yactayo, from military and state offenders, and decision-mak- Brentwood High School. INTRODUCTION OF THE UNITED ing authority over state offenders who are on These students will receive the Honoring STATES PAROLE COMMISSION state probation or parole and are transferred Our Future Leaders Award on February 27, AUTHORIZATION ACT OF 2010 to Federal authorities under the witness secu- 2010. To win this award, they wrote their own rity program. rendition of the ‘‘I Have a Dream’’ speech de- HON. ELEANOR HOLMES NORTON Today, however, most of the USPC’s day- to-day work involves District of Columbia Code livered by Martin Luther King, Jr. OF THE DISTRICT OF COLUMBIA Offenders. As of September 2009, the USPC I am proud to honor Alfred, Arosa, Dimitri, IN THE HOUSE OF REPRESENTATIVES Ebonee and Estefonia for their academic and had or will have responsibility for approxi- personal achievements and congratulate them Wednesday, February 24, 2010 mately 2,500 Federal offenders and approxi- upon the receipt of this prestigious award. Ms. NORTON. Madam Speaker, today, I in- mately 9,500 D.C. Code Offenders. Eventu- f troduce the United States Parole Commission ally, the USPC will have jurisdiction over al- Authorization Act of 2010 to permanently au- most no Federal offenders, but will continue to REGARDING: MR. AMIGO 2009, thorize the United States Parole Commission have jurisdiction over D.C. Code Offenders. VINCENTE FERNANDEZ, JR. (USPC). This bill is intended to prevent a re- There are two primary reasons for perma- play of a narrowly averted catastrophe in nently extending the life of the USPC. First, as HON. SOLOMON P. ORTIZ 2008, when Congress nearly failed to tempo- then-Attorney General Ashcroft reported to OF TEXAS rarily reauthorize the USPC before its author- Congress in 2002, ‘‘there is no District of Co- IN THE HOUSE OF REPRESENTATIVES ization expired. Since 1992, Congress has lumbia or federal agency, other than the Wednesday, February 24, 2010 temporarily reauthorized the USPC five times. USPC, with the staff, procedures, and infra- Now that the USPC has continuing respon- structure in place to effectively assume the Mr. ORTIZ. Madam Speaker, I rise today to functions of the USPC.’’ And, as Edward F. recognize Mr. Vicente Fernandez, Jr., a Mexi- sibilities for Federal and District of Columbia Code Offenders, it is important to stabilize this Reilly Jr., then-Commissioner of the USPC can Charro, actor and singer, who has been similarly pointed out in his 2008 statement be- important public safety agency with the same named Mr. Amigo 2009 in Brownsville, Texas, fore the Subcommittee on Crime, Terrorism kind of authorization as other Federal law en- for the Charro Days Fiesta celebration. and Homeland Security, there is no other enti- forcement agencies. Mr. Fernandez has been a lifelong supporter ty with the statutory authority to do so. The first three-year reauthorization of the of the Mexican arts and culture through his Second, and most important, the failure to love for mariachi music as well as being a tra- USPC began when the Sentencing Reform extend the life of the USPC raises serious due ditional Charro. These important attributes Act of 1984 (SRA) abolished Federal parole process and ex post facto issues for offend- make him the appropriate Mexican representa- and replaced it with determinate sentencing, ers. In addition to its other provisions, the SRA tive for our festivities. requiring a sentencing judge to impose a fixed requires the USPC, before its expiration, to Brownsville, Texas, located in Deep South term of supervised release that is served by schedule a release date for all parole-eligible Texas on the U.S.-Mexico border, is a unique offenders after completing their prison terms. offenders. Thus, without an extension, the subtropical area of this country—rich in its his- In order to accommodate Federal offenders USPC would be required under federal law to tory and culture. For more than 70 years, this convicted of crimes while parole was still in ef- set release dates for all parole-eligible Federal unique celebration, which brings the United fect, the SRA called for the USPC to remain prisoners, within 3 to 6 months before its expi- States and Mexico together during the week- in existence until November 1, 1992, and the ration, or face due process challenges for a long events, has continued to attract thou- USPC has been temporarily reauthorized five failure to set such release dates. This require- sands of people to the Rio Grande Valley. times since then. Today, the agency grants, ment could mean an arbitrary adjustment of Mr. Amigo, who has to be a Mexican citizen denies or revokes parole from Federal offend- prisoners’ release dates, as well as the strip- who has done extensive work in the arts and ers who are not otherwise ineligible for parole, ping of inmates of their right to contest their culture while promoting the bi-cultural, bi-lit- and makes determinations regarding super- release dates, to periodic review and modifica- erate, and bi-national efforts of the United vised release for others. tion of those release dates, and to an earlier States and Mexico, is the attraction of the The USPC, however, has had important release date, after the USPC went out of ex- week-long festivities. new responsibilities for more than 10 years. istence. Mr. Vicente Fernandez, Jr., son of the re- To help alleviate a serious financial crisis in This issue has already arisen. In a case be- nowned Mr. Vicente Fernandez, an iconic the District of Columbia, and at the city’s re- fore the Federal Third Circuit Court of Appeals Mexican singer, grew up close to the spotlight quest, the National Capital Revitalization and in 2008, the petitioner argued that with the ex- seeing his father sing and perform. At a young Self-Government Improvement Act (Revitaliza- piration of the USPC at the end of that year, age, Mr. Vicente Fernandez, Jr. appeared on- tion Act) transferred the responsibility for, and and the ‘‘winding up’’ provision in the SRA re- stage as a performer at the Teatro Blanquita the costs of, certain state functions from the quiring the USPC to set a release date for of- in Mexico City. He went on to later appear and District to the Federal Government, including fenders within 3 to 6 months before the perform at the El Million Dollar Show in Los the transfer of responsibility for D.C. Code Of- USPC’s expiration, the USPC’s decision to set Angeles, California. fenders from the D.C. Board of Parole to the a reconsideration hearing date instead of a re- He has appeared in numerous Mexican USPC. The Revitalization Act also eliminated lease date violated the SRA. In response, the films with his father, and together they have parole in the District, and instituted the Dis- U.S. Attorney did not refute this claim but ar- recorded several albums, including ‘‘El Mayor trict’s version of determinate sentencing, simi- gued that Congress would likely extend the de los Potrillos’’ in 2001 and ‘‘Vicente lar to the Federal system. The USPC’s duties USPC, rendering moot the petitioner’s claim Fernandez hijo con Mariachi’’ in 2002. with respect to D.C. Code Offenders vary ac- that his right to the setting of a firm parole re- In 2006, Mr. Vincent Fernandez, Jr., cording to the date on which the crime at lease date before the USPC’s expiration had debuted in Mexico with his show of horses issue was committed. For D.C. Code Offend- been violated. The Third Circuit then directed that are trained to gallop while he sings and ers who committed crimes before August 5, the U.S. Attorney to provide information re- the mariachi band plays. 2000, and are not otherwise eligible for parole, garding the pending expiration of the USPC

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and the likelihood of its extension. Responding gressman KILDEE has been nicknamed the Big Thicket National Preserve and the Lufkin to this directive, the U.S. Attorney argued that ‘‘Cal Ripken of Congress’’. His strong work VA Hospital. the costs of failure to reauthorize the USPC ethic demonstrated in his exceptional voting Madam Speaker, Charles Wilson was a po- were so high, and the constitutional issues so record has also translated into many legisla- litical giant who brought his Texas-sized gusto serious, that reauthorization was essentially tive victories. for democracy and his passion for serving the guaranteed. ‘‘Congress itself has expressed Throughout his career, Congressman KIL- American people to our Nation’s capitol. He concern over potential ex post facto problems DEE has been a champion for children, from will be greatly missed not only by his wife and that a failure to authorize might create,’’ the serving as a local high school teacher, to sister, but by the American people. U.S. Attorney wrote, relying on language from Chairman of the House Page Program, to the legislative history of the Parole Phaseout working to establish child protection measures f Act of 1996. ‘‘ ‘Constitutional requirements, and additional development programs for chil- specifically the ex post facto clause, neces- dren as a Member of Congress. HONORING CHRISTINA CAPUTO sitate the extension of the commission or the As a senior member of the Education and FOR WINNING THE HONORING establishment of a similar entity authorized by Labor Committee, and as the Democratic OUR FUTURE LEADERS COM- statute to perform its functions.’ ’’ Chairman of the Congressional Auto Caucus, PETITION The Third Circuit crisis in 2008 led Con- Congressman KILDEE has been a tireless sup- gress to reauthorize the USPC just in time, but porter of auto workers in Michigan and around only for another 3 years. The ordeal dealt a the nation, helping to establish worker retrain- HON. STEVE ISRAEL serious blow to the USPC. This year, we seek ing programs and new job opportunities. OF NEW YORK to obtain reauthorization not only well ahead Through these efforts, Dale was able to estab- IN THE HOUSE OF REPRESENTATIVES of time, but to avoid a ritualistic reauthorization lish a Job Corps Center in Flint to provide vo- Wednesday, February 24, 2010 of a permanent law enforcement agency every cational and academic training for young peo- 3 years. It will be particularly important to bear ple with the goal of helping them to improve Mr. ISRAEL. Madam Speaker, I rise today in mind that the close call the USPC had in their own quality of life. to acknowledge a student in my district, Chris- the Third Circuit, could be repeated in the I am proud to serve alongside my good tina Caputo, from Half Hollow Hills West High other 11 circuits. It is clear that a timely, sim- friend DALE KILDEE, who has been a fighter for School. ple reauthorization would have been beneficial the people of Michigan; from his avid protec- Christina will receive the Honoring Our Fu- to all concerned—the USPC, Congress, and tion of our Great Lakes, to his support for ture Leaders Award on February 27, 2010. To the courts. I ask Congress to permanently ex- worker protection laws and support of chil- win this award, she wrote her own rendition of tend the USPC to ensure the smooth and con- dren’s education. DALE has served as a men- the ‘‘I Have a Dream’’ speech delivered by stitutional operation of the Federal and District tor to me throughout my career in Michigan Martin Luther King, Jr. of Columbia criminal justice systems. public office and I am proud to call him a I am proud to honor Christina for her aca- f friend, and happy to be able to congratulate demic and personal achievements and con- him on the occasion of his 20,000th vote here gratulate her upon the receipt of this pres- HONORING VALERIE KUTZLER in the House of Representatives. AND AUDREY ZAMICHAW FOR tigious award. f WINNING THE HONORING OUR FUTURE LEADERS COMPETITION HONORING CONGRESSMAN f CHARLIE WILSON RECOGNIZING GREG FIRST OF HON. STEVE ISRAEL ZEPHYRHILLS, FLORIDA OF NEW YORK HON. MIKE QUIGLEY IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS HON. GINNY BROWN-WAITE Wednesday, February 24, 2010 IN THE HOUSE OF REPRESENTATIVES Wednesday, February 24, 2010 OF FLORIDA Mr. ISRAEL. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES to acknowledge two students in my district, Mr. QUIGLEY. Madam Speaker, I rise today Valerie Kutzler and Audrey Zamichaw, from in honor of Congressman Charles Wilson, who Wednesday, February 24, 2010 passed away on February 10th, 2010. Rep- East Islip High School. Ms. GINNY BROWN-WAITE of Florida. resentative Wilson was a great statesman who Valerie and Audrey will receive the Honoring Madam Speaker, I rise today to honor Greg served the 2nd Congressional District in Texas Our Future Leaders Award on February 27, First of Zephyrhills, FL. For most of his life, from 1972–1996. 2010. To win this award, they wrote their own Greg has been a faithful servant to his com- Charles was born in a small town in Texas, rendition of the ‘‘I Have a Dream’’ speech de- munity, volunteering himself to many causes where he developed a deep sense of pride as livered by Martin Luther King, Jr. which have helped to enrich the lives of many. I am proud to honor Valerie and Audrey for a Texan and a strong dedication to the Amer- their academic and personal achievements ican way. As a young man he served in the Born to Jimmy and Mary First in Bedford, and congratulate them upon the receipt of this United States Navy where he rose through the Ohio, Mr. First moved to Zephyrhills with his prestigious award. ranks and was given the privilege to serve as family at the age of ten. After graduating from Zephyrhills High School, he attended the Uni- f part of a Soviet Union nuclear intelligence unit based out of the Pentagon. While serving in versity of Maryland and served in the United EXPRESSING APPRECIATION FOR the military, 27-year-old Charles was able to States Air Force from 1968 to 1972. REPRESENTATIVE DALE KILDEE effectively run for and win the office of State Mr. First has volunteered himself, quite lit- Representative in his native Texas. This erally, having donated a total of 16 gallons of SPEECH OF began a 12-year political career in Texas that blood while Director of Public Relations for HON. GARY C. PETERS earned him the nickname ‘‘liberal from Lufkin’’. Blood Net, in addition to volunteering for Meals on Wheels, Relay for Life, and a local OF MICHIGAN In 1972, Wilson was elected to the U.S. hospice. He has kept up the spirits of IN THE HOUSE OF REPRESENTATIVES House of Representatives, where he became most recognized for his role in the dismantling Zephyrhills residents as an announcer for Tuesday, February 23, 2010 of the communist Soviet Union’s occupation of Main Street parades and high school football Mr. PETERS. Mr. Speaker, I rise here today Afghanistan. He deeply believed in the sov- games. A three-time president of the Chamber to honor Congressman DALE KILDEE on the ereignty of the Afghani people and was able to of Commerce, Mr. First has been a Christian occasion of his twenty thousandth vote. use his influence on the House Appropriations Radio DJ, a lifetime Am Vet member, and he Congressman KILDEE has proudly rep- Subcommittee on Defense to help provide the even started his own local news website, resented Flint area residents in Michigan’s funding for their liberation. Although the media ‘‘What’s Up Zephyrhills?’’ State House, State Senate and U.S. Congress has primarily focused on his accomplishments Madam Speaker, on February 26, the city of for over 46 years. abroad, Charles always maintained Lufkin, Zephyrhills will honor Greg’s achievements. I Only missing twenty seven votes during his Texas as one of his number one priorities. ask you to join me today to honor him on the thirty three years in Congress, with a large Some of his greatest domestic accomplish- floor of the House. May we all give back to portion of those during a hospital stay, Con- ments include the creation of the 100,000-acre our communities as much as Mr. First has.

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Madam Speaker, I was not reer in the Fresno school system including able to be present for the following rollcall serving as Principal at Tioga Middle School Wednesday, February 24, 2010 votes on February 23, 2010. I would have and Cooper Middle School. For a brief time he Mr. ISRAEL. Madam Speaker, I rise today voted as follows: served as the first African-American Interim to acknowledge a student in my district, Had I been present on rollcall No. 51: ‘‘yes’’; Superintendent of the Fresno Unified School Lindsey Lefeber, from Northport High School. rollcall No. 52: ‘‘yes’’; rollcall No. 53: ‘‘yes’’; District and then served as the Superintendent Lindsey will receive the Honoring Our Fu- rollcall No. 54: ‘‘yes’’; rollcall No. 55: ‘‘yes.’’ at New Millennium Charter Schools. ture Leaders Award on February 27, 2010. To f Mr. Trotter was also a firm believer in com- win this award, she wrote her own rendition of munity service. He sat on many boards and the ‘‘I Have a Dream’’ speech delivered by HONORING EMILY SMITH, ALDA worked with many organizations, including the Martin Luther King, Jr. YUAN, JAIME ZAHL, ALYSSA African American Historical and Cultural Mu- I am proud to honor Lindsey for her aca- GRIFFIN, AND STEPHANIE seum Board of Directors, the Association of demic and personal achievements and con- SCHNEIDER FOR WINNING THE California School Administrators, Cedar Vista gratulate her upon the receipt of this pres- HONORING OUR FUTURE LEAD- Hospital Advisory Board, Channel 24 Portrait tigious award. ERS COMPETITION of Success Board member, National Alliance f of Black School Educators, State Center Com- RECOGNIZING HONDA’S MANUFAC- HON. STEVE ISRAEL munity College Foundation and Washington TURING COMMITMENT TO THE OF NEW YORK Union School Board. For his service to these UNITED STATES IN THE HOUSE OF REPRESENTATIVES organizations Mr. Trotter has received many Wednesday, February 24, 2010 accolades. Mr. Trotter and his wife met while working at HON. JIM JORDAN Mr. ISRAEL. Madam Speaker, I rise today the Fresno County Department of Social Serv- OF OHIO to acknowledge five students in my district, ice. They were married in 1972 and raised IN THE HOUSE OF REPRESENTATIVES Emily Smith, Alda Yuan, Jaime Zahl, Alyssa four children, including two adopted daughters. Wednesday, February 24, 2010 Griffin, and Stephanie Schneider, from Islip Mr. Trotter passed away on March 18, 2009. Mr. JORDAN of Ohio. Madam Speaker, I High School. He was a strong advocate and will be remem- am honored to commend to the House the ex- These students will receive the Honoring bered as an inspirational role model for the traordinary commitments made by Honda over Our Future Leaders Award on February 27, people of Fresno, and the residents of South- the last three decades to create jobs and ex- 2010. To win this award, they wrote their own west Fresno. pand its solid manufacturing base in Ohio and rendition of the ‘‘I Have a Dream’’ speech de- Madam Speaker, I rise today to honor the throughout the nation. livered by Martin Luther King, Jr. life of Dolphas Trotter. I invite my colleagues I am proud to honor Emily, Alda, Jaime, In 1979, Honda opened manufacturing oper- to join me in honoring his life and wishing the ations in the United States with small-scale Alyssa, and Stephanie for their academic and best for his family. personal achievements and congratulate them production of dirt bikes in Marysville, Ohio. upon the receipt of this prestigious award. From that initial footprint, Honda has grown f f into one of our nation’s most important job PERSONAL EXPLANATION creators, with nine manufacturing and thirteen HONORING DOLPHAS TROTTER research and development facilities located across the nation. Honda directly employs HON. GEORGE RADANOVICH HON. ADAM SMITH roughly 27,000 Americans—15,000 in my OF WASHINGTON OF CALIFORNIA home state alone. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES With so much focus on jobs moving over- Wednesday, February 24, 2010 seas, Madam Speaker, it is often too easy to Wednesday, February 24, 2010 overlook the value and importance of direct Mr. RADANOVICH. Madam Speaker, I rise Mr. SMITH of Washington. Madam Speaker, foreign investment in this nation. The more today to posthumously honor Dolphas Trotter on Tuesday, February 2 and Wednesday, than $12 billion invested by Honda in the upon being honored with the ‘‘Trail Blazers February 3, 2010, I was unable to be present United States—with $7 billion of that invested Award’’ by the African American Museum. Mr. for votes while I was attending to a health-re- in Ohio alone—supports not only those 27,000 Trotter will be honored at the African American lated matter. employees but also more than 340,000 others History Month Celebration and Banquet on Had I been present on Tuesday, February employed at Honda suppliers, dealers, and Saturday, February 6th, 2010 in Fresno, Cali- 2, 2010, I would have voted ‘‘yes’’ on rollcall servicers nationwide. fornia. vote No. 26 (on the motion to suspend the Honda was the first Asian automaker to Mr. Dolphas Trotter was born in 1940 in rules and pass H.R. 4495), ‘‘yes’’ on rollcall build products in the U.S., recognizing the Idabel, Oklahoma. In 1945 the Trotter family vote No. 27 (on the motion to suspend the value of siting manufacturing plants in sales moved cross-country and settled in Southwest rules and agree to H. Res. 957), and ‘‘yes’’ on markets. Since 1996, three in four Honda and Fresno, California. Mr. Trotter attended Wash- rollcall vote No. 28 (on the motion to suspend Acura automobiles sold in this country have ington Union High School where he played the rules and agree to H. Res. 1014). been manufactured in North America. The football. During his senior year, he participated Had I been present for votes on Wednes- company’s total U.S. auto production reached in the annual Fresno City-County All-Star day, February 3, 2010, I would have voted one million in 2007—with 700,000 produced at game, which earned him a football scholarship ‘‘yes’’ on rollcall vote No. 29 (on ordering the Ohio’s Honda plants. to College of the Pacific, know today as Uni- previous question on H. Res. 1051), ‘‘yes’’ on Three communities in my district are home versity of the Pacific. Mr. Trotter graduated in rollcall vote No. 30 (on agreeing to H. Res. to major Honda facilities. More than 2,750 are 1962 with a Bachelor’s degree and returned to 1051, the rule providing for consideration of employed in Anna, which produces engines, Fresno and began working for Fresno County H.R. 4061), ‘‘yes’’ on rollcall vote No. 31 (on driveshafts, and brake components. The trans- Department of Social Services. the motion to suspend the rules and agree to mission manufacturing facility in Russells Point Shortly after his return to Fresno, Mr. Trotter H. Res. 1043, as amended), ‘‘yes’’ on rollcall employs an additional 1,050. The 2,500 work- was drafted into the United States Army and vote No. 32 (on the motion to suspend the ers at the plant in East Liberty assemble the was honorably discharged in 1969. This expe- rules and agree to H. Res. 901, as amended), Crosstour, CR–V, and Element. Thousands rience affirmed his belief in the value of edu- and ‘‘yes’’ on rollcall vote No. 33 (on the mo- more in my district work at the dozens of com- cation and community. When he returned to tion to suspend the rules and agree to H. Res. panies of all sizes that provide parts to these Fresno from his military service, he began a 1044, as amended). facilities.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.018 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E226 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 Madam Speaker, direct foreign investments HONORING COREY ANDERSON FOR able to provide critical emergency hospital in the U.S. put more Americans to work and WINNING THE HONORING OUR services for residents and first-responders be- strengthen our manufacturing base. Especially FUTURE LEADERS COMPETITION fore regular service was restored. in these tough economic times, I am proud of —In 2003, when Comfort deployed to war the strong role that Honda plays in the U.S. HON. STEVE ISRAEL and served as an afloat trauma center for two and Ohio. I applaud everyone at the company months during the initial stages of Operation OF NEW YORK on its distinguished record of manufacturing Iraqi Freedom. IN THE HOUSE OF REPRESENTATIVES quality, corporate citizenship, and job creation —In 2001, immediately in the aftermath of over the last 30 years. Wednesday, February 24, 2010 the 9-11 attacks, when Comfort deployed in support of Operation Noble Eagle and pro- f Mr. ISRAEL. Madam Speaker, I rise today vided meals, housing, medical and psycho- to acknowledge a student in my district, Corey HONORING THE 68TH ANNIVER- logical services to volunteer and relief workers SARY OF EXECUTIVE ORDER 9066 Anderson, from Sayville High School. at New York’s ground zero. Corey will receive the Honoring Our Future This is just a sampling of the ship and Leaders Award on February 27, 2010. To win crew’s operational history since Comfort was HON. DORIS O. MATSUI this award, Corey wrote a personal rendition OF CALIFORNIA delivered to the Navy in 1987. Untold thou- of the ‘‘I Have a Dream’’ speech delivered by IN THE HOUSE OF REPRESENTATIVES sands have benefited from these missions. Martin Luther King, Jr. Madam Speaker, while many know of Com- Wednesday, February 24, 2010 I am proud to honor Corey for outstanding fort and Mercy’s life-saving work, few realize Ms. MATSUI. Madam Speaker, I rise today academic and personal achievements and that these ships almost did not come into the to recognize February 19, 2010 as a day of congratulate Corey upon the receipt of this Navy’s fleet. USNS Comfort and USNS Mercy remembrance, on the occasion of the sixty- prestigious award. began their lives as oil-tankers a decade be- eighth anniversary of Executive Order 9066. f fore being delivered to the Navy as hospital February 19th will forever be a reminder of ships. In fact, they were destined for the scrap the injustice and racial prejudice of World War COMMENDING THE U.S. NAVY FOR yard, if not for the intervention of Congress II internment. This day marks the anniversary ITS WORK IN HAITI and specifically the Appropriations Committee. of a momentary erosion of America’s core SPEECH OF It was a Congressional Initiative that was the principles—a time when over 120,000 Ameri- catalyst for the birth of the Mercy Class Hos- cans were denied their civil rights and impris- HON. C.W. BILL YOUNG pital Ships. My colleagues and I on the Appro- oned against their will. At the same time, this OF FLORIDA priations Committee saw a need for this life- anniversary represents our nation’s incredible IN THE HOUSE OF REPRESENTATIVES saving capability when others sought to scrap ability to reaffirm our commitment to protecting Tuesday, February 23, 2010 these ships. We saw the value in these Mercy the freedoms of all Americans. Class Hospital Ships, to provide a unique ca- Mr. YOUNG of Florida. Madam Speaker, I Following the 1941 attack on Pearl Harbor, pability of being some of the largest U.S. trau- our government succumbed to apprehension rise in support of House Resolution 1048 ma centers with the distinction of having and hysteria by targeting many of its own citi- which honors the work of the men and women world-wide mobility. Even in the face of airfield zens who had nothing to do with the attacks. of the USNS Comfort and the United States closures, destroyed infrastructure, and inter- Executive Order 9066, which was neither justi- Navy in the immediate response to those af- rupted communications, as long as the sea is fied nor necessary, was issued as a way to fected by the devastating earthquake that navigable, the USNS Comfort and USNS assuage growing fears that Japanese-Amer- struck Haiti on January 12, 2010. Mercy can get there. Once on the scene, a ican citizens constituted a threat to national The Navy’s support is ongoing and to date, fully crewed ship brings 1,000 medical profes- security. This unfortunate decision was the Comfort has treated more than 900 Hai- sionals, a hospital with a full spectrum of sur- shaped by panic and prejudice, and dem- tians and has performed more than 750 life gical and medical services including four X- onstrated that courageous political leadership saving surgeries. Together with her sister ship, rays, a CAT scan unit, a dental suite, two oxy- in this most trying of times was lacking. By the USNS Mercy, these vessels serve as am- gen-producing plants, and 5,000 units of commemorating and remembering the failure bassadors of good-will during periods of des- blood. The ships have 12 operating rooms and of our government to uphold the Constitutional peration all around the world. Their mission is a total bed capacity of up to 1,000. In short, rights guaranteed to every American, future always a benevolent one and their commit- they are fully functional floating hospitals able generations will hopefully avoid repeating ment to areas of strife and devastation high- to give first-rate care where otherwise there these past mistakes. light the best qualities of what it means to be would be no treatment options. Over 120,000 Americans of Japanese an- an American—that we stand by always ready Madam Speaker, As we take the time today cestry were sent to internment camps and to assist and will never forsake those who are to honor the men and women who proudly wrongly imprisoned. And though our country’s in need. serve this country aboard the USNS Comfort, participation in World War II may have ended The earthquake that hit Haiti was the most let us also remember the broad scope of com- in triumph, the mistreatment of Japanese, devastating it has seen in 200 years. Words passionate contributions that our servicemen Italian, and German Americans cannot be ex- cannot adequately describe the destruction and women are providing around the world in cused. that took the lives of more than 200,000 peo- both non-hostile and hostile environments. In the decades following Executive Order ple, leveled the capital city, and left thousands Often times we forget that our military per- 9066, we have taken several substantial steps of survivors with an uncertain future coupled forms many humanitarian functions that other to study, remedy, and learn from the negative with worries about hunger, disease, and inju- agencies and nations depend upon, be it legacy of the internment while preserving the ries. Into that morass of suffering we stepped logistical support or whole-scale nation-build- heritage of those affected. The directive was in as a nation to assist the good Haitian peo- ing. Their efforts and their sacrifice go beyond officially repealed in 1976, and a commission ple with the USNS Comfort and the Navy as expressions of remorse and tangibly dem- was formed to study the impact of relocation part of the vanguard. onstrate our level of commitment to peace and on Japanese Americans. In 2008, we cele- The USNS Comfort has a storied history. prosperity for all. brated the twentieth anniversary of the Civil Among its most notable deployments were: f Liberties Act, which was a major step forward —In 2007 when it embarked on a four RECOGNIZING DON ANDERSON in righting the wrongs perpetrated during this month humanitarian assistance mission difficult period in our nation’s history. It is for throughout Latin America and the Caribbean these reasons that I rise today to call on all that treated more than 98,000 people in 12 HON. TOM LATHAM OF IOWA Americans to reaffirm our commitment to in- countries. This type of mission highlights the IN THE HOUSE OF REPRESENTATIVES alienable, constitutionally-provided rights. This diplomatic role our military plays as it works in dark period in our history must always be re- concert with the State Department in being Wednesday, February 24, 2010 membered critically, while also appreciated, as ambassadors of good-will. Mr. LATHAM. Madam Speaker, I rise today a symbol of our ability to acknowledge and —In 2005 when Comfort responded on our to honor the Boone, Iowa Police Department’s rectify mistakes. As I look back to this time in own shores after the devastation of Hurricanes Assistant Chief, Mr. Don Anderson, who, with our nation’s history and see how far we have Katrina and Rita, providing treatment to thou- over three decades of law enforcement serv- come in the intervening years, I see great sands in the Gulf Coast region. Despite re- ice to his community, will officially retire on hope for our future. gional devastation, the USNS Comfort was March 1, 2010.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.021 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS February 24, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E227 Assistant Chief Anderson graduated from We should all be thankful for their efforts, may be integrated with standard GPS and Boone High School in 1973 and shortly there- and I am especially proud of Virginia Task radio communication systems. This project after joined the United States Army. Following Force 1 from Fairfax, which I represent. Dur- also supports NOAA’s Office of Ocean Explo- six years of service as a military policeman ing its time in Haiti, Virginia Task Force 1 par- ration. with the Army, he returned to Boone and ticipated in the rescue of 16 people. While the Congressman RODNEY ALEXANDER joined the police force in July of 1979. After untold loss of life was horrific, the efforts of all H.R. 3326 serving six years as a desk officer and taking of our urban search and rescue teams made RDTE, N criminal justice classes at the Des Moines a difference. Area Community College Boone Campus, Mr. I continue to offer my deepest sympathy to QinetiQ-North America, 40201 Highway 190 Anderson became a patrolman. In 1993 he the people of Haiti as they cope with the after- East, Slidell, LA 70461 was promoted to captain, and by 2002 Mr. An- math of this terrible tragedy. I commend the Sonobuoy Wave Energy Module (SWEM) derson had ascended to Assistant Chief of the heroic men and women of Virginia Task Force $800,000. The Naval Air Systems Command Boone Police Department. 1, and all our urban search and rescue teams, (NAVAIR) is currently seeking alternatives to In addition to keeping the streets of Boone for so richly embodying the American spirit batteries as long-term energy sources for long well protected, Assistant Chief Anderson has that says if you are in need, we will help. I life environmental and anti-submarine warfare been a key figure in various local outreach urge my colleagues to support this resolution. sonobuoys. SWEM technologies have near projects, including the ‘‘Shop with a Cop’’ and f term application to NAVAIR’s Sensor for Envi- ‘‘Safety Pup Officer’’ programs, which have ronmental Assessment buoy project as well as helped educate the community about law and EARMARK DECLARATION to a wide range of evolving sonobuoy types safety related issues. and classes. SWEM power modules enable With his retirement from the Police Depart- HON. RODNEY ALEXANDER longer term, continuous operation of systems without battery replacement. ment, Assistant Chief Anderson plans on OF LOUISIANA spending more time with his wife, Maria, as IN THE HOUSE OF REPRESENTATIVES well as his children and grandchildren. In true f devotion to his community, even in retirement, Wednesday, February 24, 2010 MICHAEL G. RIPPE Assistant Chief Anderson plans to work part- Mr. ALEXANDER. Madam Speaker, pursu- time for the Boone County Attorney’s Office. ant to the Republican Leadership standards Madam Speaker, it is individuals like Don on earmarks, I am submitting the following in- HON. CONNIE MACK Anderson who exemplify the dedication and formation regarding earmarks I received as OF FLORIDA willingness to serve that keep our nation run- part of the Department of Defense Appropria- ning safe and strong. I sincerely appreciate tions Act, 2010, H.R. 3326. IN THE HOUSE OF REPRESENTATIVES the work Assistant Chief Anderson has done Congressman RODNEY ALEXANDER Wednesday, February 24, 2010 and I am proud to serve him, his family and H.R. 3326 his fellow law enforcement colleagues in the RDTE, AF Mr. MACK. Madam Speaker, I rise today to United States Congress. Louisiana Tech University, 700 W. California honor Mr. Michael G. Rippe and the renaming of the Metro Parkway Extension in Fort Myers f Ave, Ruston, LA 71272 to the Michael G. Rippe Parkway. Remote Language—Independent Suspect HONORING THE HEROISM OF THE Identification $2,560,000. Louisiana Tech Uni- Mr. Rippe earned a Bachelor of Science de- SEVEN AND/DEPLOYED TO HAITI versity seeks funding for research in remote gree in Mining Engineering Technology from language-independent suspect identification. the West Virginia Institute of Technology. He SPEECH OF Our researchers have developed technologies joined the Florida Department of Transpor- HON. GERALD E. CONNOLLY that use mathematical models for identity tation in August 1989. From 2000–2004, he served as the Director of the Southwest Area OF VIRGINIA verification. Aspects of this work have been commercialized in the private sector. The Uni- Office. Throughout this time, Mr. Rippe was an IN THE HOUSE OF REPRESENTATIVES versity has worked with the Air Force and in- integral part in keeping Florida’s roads safe Tuesday, February 23, 2010 dustry partners in further development of the and efficient. Mr. CONNOLLY of Virginia. Madam Speak- algorithms and software for military applica- In 2004, Mr. Rippe was appointed Director er, I rise today to offer my support for H. Res. tions. These funds will support our faculty and of Transportation Development for Florida De- 1059, honoring the bravery and heroism of our partners identified by the Air Force in extend- partment of Transportation, District One. His local urban search and rescue teams for their ing the development of these algorithms. work contributed to the development of many lifesaving efforts in Haiti. Congressman RODNEY ALEXANDER roads and bridges in Southwest Florida. Mr. Rippe’s contributions to the Department of The earthquake of January 12, 2010 was a H.R. 3326 Transportation have been a huge asset for my horrific event that wreaked untold devastation RDTE, A district and the entire state of Florida. and tremendous loss of life on Port-au-Prince Pennington Biomedical Research Center, and its surrounding areas. In a matter of min- 6400 Perkins Rd., Baton Rouge, LA 70808 Throughout his career, Mr. Rippe had utes, 200,000 people lost their lives. It was a Military Nutrition Research: Four Tasks to worked closely on many major highway and sobering reminder of how fragile life is. The Address Personnel Readiness $800,000. Pro- bridge projects. He assisted in resolving var- response, worldwide, to this awful tragedy has vide ongoing research to continue the Army’s ious design and construction issues with local been a comforting reminder of our resilience responsibility for military nutrition research government and private citizens. His work on and willingness to lend aid and hope to those across all branches of military service. The U.S. 41 projects accelerated job schedules in need. work focuses on the improvement of health and saved millions of taxpayer dollars. The men and women of the Fairfax County, and performance of the American Armed I.would like to recognize Mr. Rippe for his Virginia, New York City, Los Angeles, Miami, Forces. numerous contributions to the citizens of Lee Miami-Dade and Virginia Beach urban search Congressman RODNEY ALEXANDER County, and I speak on behalf of all Floridians and rescue teams immediately left for Haiti, H.R. 3326 when I say that we are proud of his accom- risking their own lives to save others. Day in RDTE, N plishments. I strongly support renaming the and day out, these men and women serve C&C Technologies, Inc. 730 E Kaliste Metro Extension Parkway in Lee County, Flor- their local communities, providing lifesaving Saloom Rd., Lafayette, LA 70508 ida to the Michael G. Rippe Parkway. care at home, but when there are people in Semi-Submersible UUV for Sensor En- Thanks to Mr. Rippe’s commitment, the citi- great need, America’s local urban search and hancements $1,400,000. The ideal vehicle for zens and visitors of Southwest Florida will rescue teams always rush to answer the call. providing risk reduction for technology and op- benefit from his lasting legacy of safe, mod- During the initial days after the quake, these erations is the unmanned semi-submersible ernized roads for many years to come. men and women brought relief to worried fam- vehicle. Rather than requiring costly and com- Madam Speaker, it is a true honor to rep- ilies and hope to an anxious nation with daily plex acoustic navigation and telemetry sys- resent dedicated public servants like Mr. rescues from the rubble. tems, semi-submersible unmanned vehicles Rippe in Congress.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.015 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E228 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 CELEBRATING THE LIFE OF HAR- in Harlem in 1960, Jimmy Booker was there, hearts and minds, and continue to honor his LEM’S BELOVED JAMES E. BOOK- interviewing the young Cuban for one hour at legacy with our advocacy for the issues he ER, SR. FONDLY KNOWN AS THE the famed Theresa Hotel. Figures like Malcolm cared about the most. We are all blessed to DEAN OF BLACK JOURNALISTS & X, Dr. Martin Luther King. Jr., Congressman have known, Jimmy E. Booker, Jr., a titan of FORMER SPECIAL ADVISOR TO Adam Clayton Powell, Jr. and National Urban a man who witnessed history with a pen that PRESIDENT LYNDON BAINES League founder, Whitney M. Young. gave us all life. JOHNSON Even the notorious Bumpy Johnson who ruled the streets of Harlem did not escape the f HON. CHARLES B. RANGEL pen. Jimmy knew first hand how dangerous a OF NEW YORK man he was. ‘‘He put a gun to my head and HONORING HUGH GOODWIN IN THE HOUSE OF REPRESENTATIVES told me he didn’t like what I had been writing,’’ Booker once told a group of friends one night Wednesday, February 24, 2010 at the Theresa Hotel where he frequented, HON. GEORGE RADANOVICH Mr. RANGEL. Madam Speaker, I rise with amusing listeners with many incredible tales. great pride, admiration and sadness as I pay He covered us many times, Percy Sutton, OF CALIFORNIA tribute to my dear friend and life-long buddy, Basil Paterson and David Dinkins, the infa- IN THE HOUSE OF REPRESENTATIVES Brother James E. Booker, Sr., as we celebrate mous Gang of Four with those same remark- the passing of one of Harlem’s greatest Na- able attributes that made us so revered in his Wednesday, February 24, 2010 tional Correspondents and Political/Community famous national and local weekly columns. He Mr. RADANOVICH. Madam Speaker, I rise News Columnists at Bethel African Methodist served the cause of justice by covering the today to posthumously honor Hugh Goodwin Episcopal Church in Harlem. biggest stories of the Civil Rights Movement, upon being honored with the ‘‘Trail Blazers As I speak with profound honor and respect giving the world insight on groups like the Award’’ by the African American Museum. Mr. for my friend Jimmy, I ascend to celebrate a NAACP and the Black Panthers Party. Goodwin will be honored at the African Amer- life well-lived and to also remember the many For years his column in the Amsterdam ican History Month Celebration and Banquet journalistic professional accomplishments of News was chocked full of tidbits and gossip this remarkable man. Always dressed in his about Harlem, the kind of ‘‘who shot John’’ on Saturday, February 6th, 2010 in Fresno, signature bowtie look, Jimmy Booker penned stuff that never failed to keep readers’ atten- California. his name in history. He was the classic news- tion. Later, during his tenure at the New York Mr. Hugh Wesley Goodwin, Sr. was born on paperman, a writer with a remarkable flare for Beacon, he maintained his tireless contact May 6, 1921 to James and Anna Goodwin. He accuracy, integrity and style. Jimmy’s col- with every facet of the community’s activities, was the youngest of seven children. The fam- umns, ‘‘The Uptown Lowdown’’ and ‘‘Top roving from board meetings, to funerals, to ral- ily settled in Steelton, Pennsylvania where his Drawer Stuff,’’ were informative, edgy and in- lies, to wherever the action was. Booker’s Col- father worked both as a steel worker and a sightful capturing unfolding stories about Har- umns were published weekly in many inde- Baptist minister. Mr. Goodwin served in the lem, Black New York. City Hall, Albany and pendent and syndicated news and community military during World War II. Upon his dis- our Nation’s Capital. publications including: ‘‘The Afro Times,’’ The charge he graduated from Harvard Law James E. Booker, Sr., was born in Daily Challenge,’’ ‘‘Big Red,’’ and ‘‘The Twi- School and moved to California to practice Riverhead, New York to Fletcher and Eliza- light.’’ law. beth Booker on July 16th, 1926. He was Jimmy was also a very close advisor to Mr. Goodwin was the first African American reared, attended school, and worked on his fa- many politicos, activist and community organi- lawyer and judge in Fresno County. He ther’s farm in Riverhead, New York. In 1948, zations, past and present, including Lloyd E. opened his law practice in Fresno during the Booker graduated from Howard University in Dickens, ‘‘The Fox’’ J. Raymond Jones, Fred early 1950’s. In 1957 Mr. Goodwin married Washington, DC, with a Bachelor’s in Arts in E. Samuels, Professor Preston Wilcox, Dr. Frances Jones. Together they raised four chil- Journalism, and then moved to New York City John Henrik Clarke, Edward Fordham, Inez E. dren; Hugh, Paul, Anna and Tom. to begin a career in Journalism working as a Dickens, Keith L.T. Wright, C. Virginia Fields, reporter for the Amsterdam News in Harlem. Hazel N. Dukes, Dr. Annie B. Martin and the Over the next fifty years, Mr. Goodwin con- In 1950, he served in the United States Army NAACP to name just a few. tinuously advocated for disadvantaged people during the Korean War. He later returned to Jimmy was also fond of Harlem’s Nightlife and challenged the racial boundaries at the his job as a Journalist with the New York Am- where he covered many luminaries, enter- time. Through his perseverance and advo- sterdam News. tainers and personalities like Count Basie, cacy, he earned a wide range of respect from Jimmy referred to his 16 years at the Am- Billy Eckstine, Sammy Davis, Jr., Charles Honi his peers, as well as members of the commu- sterdam News, where he eventually became Coles, Leroy Myers, Gregory Hines, Pop nity. Mr. Goodwin was very active in the com- Executive Editor, the most exciting of his jour- Brown, George Benson, Nat Davis, Irene munity. He was a member of the Equal Op- nalistic career. He traveled the country, inter- Reid, Jimmy ‘‘Preacher’’ Robins, Gloria Lynne, portunities Commission Legal Council and vol- facing with such notables as the Rev., Dr. Savion Glover and the Prince of Harlem, Lon- unteered at the Fresno Rescue Mission. Mr. Martin Luther King Jr., Harlem Congressman nie Youngblood, at the Theresa Hotel and Goodwin served as President of the Fresno Adam Clayton Powell, National Urban League later at Harlem’s famous Showman’s Jazz Black Caucus and President of the West Fres- Director, and Whitney M. Young, all of whom Cafe´. Mr. Booker held court on a regular basis no Little League. After the little league games, he developed a first name relationship with. with his longtime friends Al Howard, Mona Mr. Goodwin would take the scores and high- On December 22nd, 1956, he married the Lopez, Diamond Lil Pierce, Tanya Alfonso, Ida lights to The Fresno Bee to be published in former Jeanne Carol Williams, in New York, Fernandez, and members of ‘‘The Showman’s the paper the next day. He was a devout and moved to the newly erected Lenox Ter- Elites’’ and ‘‘The Disciples.’’ Christian; he attended Second Baptist Church race, where he lived for the remainder of his He will long be remembered for his extraor- and served many years as a deacon and a life. In 1964, the couple had a son, James E. dinary commitment, humor, liveliness, energy, Sunday school teacher. Booker Jr. (Reverend James E. Booker, Jr). In wisdom, discipline, principle and clear purpose In 1976, Mr. Goodwin was appointed to the 1966, Jimmy took his family to Washington, which won the admiration of all who were priv- municipal court bench in Fresno County. While DC, to work as Special Advisor to President ileged to come to know and work with him Lyndon Baines Johnson. In 1968, Jimmy re- during his distinguished career. Jimmy E. serving on the bench, he gained national at- turned home to Harlem, and opened up his Booker, Sr. was called home on Friday morn- tention when he sentenced convicted defend- own public relations business, ‘‘James E. ing, February 5th, and his home going serv- ants to church rather than serving jail time or Booker Associates’’ on 527 Madison Avenue ices took place on February 9th, at Harlem’s paying fines. Throughout the controversy, he in New York City. historic Bethel African Methodist Episcopal remained committed to his beliefs. Mr. Good- Jimmy leaves behind a great written legacy Church, which was a major stop on the Under- win returned to private practice in 1978 and of stories, history, adventure, and legendary ground Railroad. remained practicing until 1996. Mr. Goodwin achievements that will continue to uplift all of Madam Speaker, I consider myself fortunate passed away in 2004. our African American families to the highest to have had the opportunity to observe and Madam Speaker, I rise today to post- levels of advancements. Jimmy story includes experience his example as a personal inspira- humously honor Hugh Goodwin. I invite my some of the most important historic episodes tion. Though Jimmy is no longer with us, we colleagues to join me in honoring his life and of the 20th century. When Fidel Castro arrived will continue to keep his memory alive in our wishing the best for his family.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A24FE8.024 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS February 24, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E229 RESOLUTION AUTHORIZING THE sionalism and commitment to improving the developers using 4 percent housing credits to USE OF EMANCIPATION HALL world around her was recognized twice with create nearly 70,000 rental homes affordable FOR THE PRESENTATION OF THE outstanding service awards. In 2008, Diane to low-income working Americans and 85,000 CONGRESSIONAL GOLD MEDAL was awarded the Public Administration housing-related jobs. In 2008 and 2009, the TO THE WOMEN AIRFORCE SERV- Achievement Award from the Andrew Young number of affordable homes and jobs pro- ICE PILOTS School of Policy Studies, one of the country’s duced by the 4 percent credit program fell by best policy schools. Last year, Diane was cho- nearly 50 percent as capital available for in- HON. SUSAN A. DAVIS sen from 6,000 other Federal workers and vestment disappeared. OF CALIFORNIA honored as the Atlanta Federal Executive I am introducing this bill because our coun- try cannot afford to let this valuable 4 percent IN THE HOUSE OF REPRESENTATIVES Board Employee of the Year. Diane grew up in the heart of my congres- tax credit program fall into disuse due to the Wednesday, February 24, 2010 sional district and graduated from Oak Ridge economy’s downturn at a time when our coun- Mrs. DAVIS of California. Madam Speaker, High School, where teachers remember her as try is in desperate need of more jobs and I rise today to introduce a resolution author- an outstanding student and her classmates more affordable places for low-income families izing the use of Emancipation Hall for the described her as adventurous. In addition to to live. Providing a safe and stable home presentation of the Congressional Gold Medal her work at the CDC and graduate studies at gives families the critical foundation to find to the Women Airforce Service Pilots. Georgia State University, Diane furthered her employment, get an education, and play an As Chair of the House Armed Services Sub- thirst for knowledge through book clubs and active role in their communities. Passage of committee on Military Personnel and Co-Chair even found time to hike both the Andes Moun- this bill will allow cost effective investments of the Women’s Caucus Task Force on tains and European Alps. There is no doubt, leading to both more jobs and more housing Women in the Military and Veterans, I am priv- Diane’s work ethic and zest for life left a last- for low-income working Americans and benefit ileged to honor these women who, almost 70 ing impression and inspired those around her. our communities for years to come. years ago, became pioneers for women’s The void she leaves in public health, out- I hope that you will join me in supporting equality in the Armed Forces. reach and volunteerism will be felt far beyond this legislation. And now, on March 10, 2010, we will honor the CDC in Atlanta and her hometown of Oak f their legacy as the first female aviators in Ridge, Tennessee. May Diane’s family be American military history with the award of the comforted by her memory and may her ex- A TRIBUTE TO JOHN M. Congressional Gold Medal. traordinary legacy serve as an example to oth- HITCHCOCK The Women Airforce Service Pilots are re- ers. ferred to as the WASPs. f HON. ADAM B. SCHIFF Unlike many acronyms used in the military, OF CALIFORNIA LOW-INCOME HOUSING TAX CRED- this is an apt name. IN THE HOUSE OF REPRESENTATIVES IT EXCHANGE EXPANSION AND Like wasps, their work demanded a unique Wednesday, February 24, 2010 combination of feistiness and strength, under- JOB CREATION ACT OF 2010 lined by loyalty to their fellow WASPs and Mr. SCHIFF. Madam Speaker, I rise today their country. HON. LINDA T. SA´ NCHEZ to honor John M. Hitchcock, who will be retir- I am astounded by their tenacity and their OF CALIFORNIA ing as Executive Director of Hillsides Home for bravery. IN THE HOUSE OF REPRESENTATIVES Children in March 2010. John M. Hitchcock was born in New York, And yet, despite that dedication, these Wednesday, February 24, 2010 women have encountered difficulties in being NY on April 23, 1940. He received his BA in ´ recognized for their service. Ms. LINDA T. SANCHEZ of California. Math and Chemistry from the University of This ceremony will be an illustrative exam- Madam Speaker, I rise today to introduce the Michigan in 1963 and his MA in Social Work ple of our indebtedness to their service, and I ‘‘Low-Income Housing Tax Credit Exchange from Wayne State University in 1965. John hope all of my colleagues will join me in Expansion and Job Creation Act of 2010,’’ leg- and his wife, Ida, have been married for over thanking the WASPs. islation combating the housing and unemploy- 40 years and reside in Pasadena. The Hitch- This group of unsung heroines dem- ment crises. cocks have two sons, David and Bob, and one onstrates the courage of servicewomen in the The Low-Income Housing Tax Credit is the granddaughter, Kate. past, the integrity with which women serve nation’s largest and most successful afford- In 1971, John joined Hillsides Home for today, and the enthusiasm of the young able rental housing production program. It has Children as Assistant Director and then be- women who dream of serving this great nation financed more than two million homes since came Executive Director and President of Hill- in the future. 1987 and about 120,000 annually in recent sides Education Center in 1981. Since then, I am therefore honored to ask for authoriza- years. This program provides tax credits to de- John has been responsible for the overall op- tion for the use of Emancipation Hall for the velopers who agree to build or rehabilitate af- eration of Hillsides, which encompasses the Congressional Gold Medal ceremony. fordable housing. It includes both ‘‘9 percent’’ management of the 17-acre campus, the oper- f credits, which state housing finance agencies ation of three local group homes, and plan- can allocate in amounts up to a state-level ning, directing and coordinating Hillsides’ ac- TRIBUTE TO DIANE BERRY CAVES ceiling, and ‘‘4 percent’’ credits, which are tivities. available to all developers who receive alloca- Under Mr. Hitchcock’s leadership, Hillsides HON. ZACH WAMP tions of tax-exempt bonds to build rental hous- has become an exemplary residential treat- OF TENNESSEE ing. ment program for children. The Hillsides Edu- IN THE HOUSE OF REPRESENTATIVES The American Reinvestment and Recovery cation Center continues to be an invaluable Act (ARRA) of 2009 contained a provision that resource for the community, and the scope of Wednesday, February 24, 2010 enabled the temporary exchange of unusable programs and services provided by Hillsides Mr. WAMP. Madam Speaker, our nation lost low-income housing credits. This exchange has expanded to serve not only abused, aban- an extraordinary public servant on January 12, has enabled more than 600 affordable housing doned and neglected children but also children 2010, when a catastrophic earthquake dev- developments to proceed around the country, and families in crisis living in Los Angeles astated the island nation of Haiti. Diane Berry providing affordable homes to more than County. John helped provide residential care, Caves died tragically in Port-Au-Prince helping 30,000 low-income families and creating more community-based support, special education others in the impoverished country through her than 35,000 jobs. The ARRA provision allowed and transitional assistance to emancipating work at the U.S. Centers for Disease Control investors to exchange low-income housing foster youth, and in 2006, opened a large and Prevention. Her life and her dedication to credits for grants at 85 percent of the value of apartment complex, which serves as a transi- public service are an example and high stand- the credits at virtually no cost to the federal tional living facility for 20 emancipated foster ard for us all. government. Unfortunately, this provision only youth. This remarkable young woman accom- applied to 9 percent housing credits. Mr. Hitchcock has served on many boards plished more in her 31 years than many peo- My legislation would expand this temporary and commissions including Planned Parent- ple contribute in a lifetime. A devoted wife, credit exchange opportunity to include 4 per- hood of Pasadena, Camp Wrightwood, Coali- daughter and sister, Diane dedicated her life cent credits. In 2007, prior to the financial tion for a Non-Violent City, Gooden Center, to helping those less fortunate. Her profes- markets crisis, states partnered with private and the Association of Community Human

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.026 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E230 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 Service Agencies, and he has served as Chair Army, he remained in the community and be- Even in the weeks right before she died, of the Episcopal Commission on Advocacy for came the corporate lead executive of Northrop Linda worked diligently to spread the Global Children and Youth. John is actively involved Grumman’s Huntsville operations. Men such Family Day message. Linda said, ‘‘it’s [Global in the Foster Care Project at All Saints Epis- as General Dodgen are rare; he was a true Family Day] is going to improve our global atti- copal Church, and he is a Canon in the Epis- servant who was fully involved both in his pro- tude and give us a slightly better chance to copal Diocese of Los Angeles. fession and his community. My thoughts and overcome all these global crises that are de- For over 40 years, John has truly been a prayers are with his wife, Leslie, and his many manding global solutions. Economy, Environ- voice for at-risk children. His kindness, fore- friends and family who are mourning at this ment, Energy, Ethnic Enmity, Education, Em- sight, leadership and extraordinary energy time. Next month I will join with many others ployment, Epidemics—and those are just the have profoundly impacted the lives of the to honor him as he is laid to rest among his ones that start with the letter E.’’ 25,000 children and their families in his care fellow heroes at Arlington National Cemetery. Linda’s fight and determination to spread over the years. By maintaining a deep aware- We will all truly miss this great man, and are the message of peace and sharing through ness of the children’s current needs as well as better for having had the opportunity to know Global Family Day will be missed. However, I personal knowledge of each of the residents in him. will work to make sure that the message is not Hillsides’ care, John has created a warm, lov- f forgotten. Linda is survived by three children, who I understand will continue their mother’s ing environment where children feel secure HONORING GLOBAL FAMILY DAY work to champion Global Family Day, and I enough to rebuild hope for the future. FOUNDER LINDA GROVER I ask all Members of Congress to join me will join them in this effort. We must all under- today in honoring John M. Hitchcock for nearly stand, as Linda did, that by working together 40 years of dedicated service to Hillsides HON. JOHN CONYERS, JR. as one global family, we can better meet the Home for Children and the entire community. OF MICHIGAN challenges humanity will face in the years to IN THE HOUSE OF REPRESENTATIVES f come. Wednesday, February 24, 2010 f OUR UNCONSCIONABLE NATIONAL Mr. CONYERS. Madam Speaker, on Feb- DEBT PERSONAL EXPLANATION ruary 20, 2010, we lost a dedicated and tire- less voice for the pursuit of peace and global HON. MIKE COFFMAN sharing and cooperation, Linda Grover. I HON. JOHN BARROW OF GEORGIA OF COLORADO joined Ms. Grover in the founding of Global IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Family Day, an effort to celebrate and promote Wednesday, February 24, 2010 Wednesday, February 24, 2010 harmony within the global family every Janu- ary 1st, but it was Linda whose every under- Mr. BARROW. Madam Speaker. I was un- Mr. COFFMAN of Colorado. Madam Speak- taking was in the name of Global Family Day. able to be present for votes on Monday, Feb- er, today our national debt is Linda Grover, an author, writer, and activist, ruary 22, 2010. Had I been present I would 12,409,374,679,862.09. was resolute in her belief that all people, re- have voted ‘‘yes’’ on Rollcall Vote No. 49 and On January 6th, 2009, the start of the 111th gardless of race, culture, religion, or economic Rollcall Vote No. 50. Congress, the national debt was status, celebrate life on earth together as one f $10,638,425,746,293.80. human family. It was in the promotion of this This means the national debt has increased ideal, that Linda Grover and her children con- NEXT GENERATION CHOICES by $1,770,948,933,568.29 so far this Con- ceived Global Family Day, One Day of Peace FOUNDATION: WORKING TO gress. The debt has increased and Sharing, an international holiday that LESSEN CANCER $6,347,500,206.80 since just yesterday. would allow people around the world to en- This debt and its interest payments we are gage in global fellowship. HON. FRANK R. WOLF passing to our children and all future Ameri- Linda’s Global Family Day initiatives were OF VIRGINIA cans. supported by the Congress and United Na- IN THE HOUSE OF REPRESENTATIVES f tions. In 2000, the 106th Congress unani- mously passed S. Con. Res. 138 and in 2006, Wednesday, February 24, 2010 TRIBUTE TO LIEUTENANT the 109th Congress unanimously passed H. Mr. WOLF. Madam Speaker, like so many GENERAL LARRY DODGEN Con. Res. 317 and S. Res. 582. These Con- Americans, my family and I have been gressional resolutions urged the President of touched by cancer. I have worked over the HON. PARKER GRIFFITH the United States to issue an annual procla- years in Congress as a member of the Con- OF ALABAMA mation calling upon the people of the United gressional Cancer Caucus as well as my serv- IN THE HOUSE OF REPRESENTATIVES States to observe Global Family Day. In 1999 ice on the Appropriations Committee to sup- port measures to help fight cancer, including Wednesday, February 24, 2010 and 2001, United Nations General Assembly resolutions, UNRes54/29 and UNRes56/2, historic increases in research funding for the Mr. GRIFFITH. Madam Speaker, I rise today were passed, recognizing a day of peace on National Institutes of Health, NIH. I have al- to pay tribute to a great American who was a January 1st and encouraging Member states ways believed that ensuring adequate funding good friend of mine and a good friend of north to observe the global holiday. for medical research on diseases such as can- Alabama—Lieutenant General Larry Dodgen. This Congress, I introduced another Global cer is an important priority for the federal gov- General Dodgen passed away this past Satur- Family Day resolution, H. Con. Res. 221. In ernment. day leaving a void in our Huntsville commu- this purpose, I was joined by Representative There is another important component in the nity. He was a battle tested soldier, having led DENNIS KUCINICH and Senators HARRY REID fight against cancer being lead today, Madam his battalion into war in 1993 during Operation and DANIEL INOUYE. It was Linda’s hope, as Speaker, by Bill Couzens, one of my constitu- Desert Storm. Later in his career, he became well as ours, that there finally be a proclama- ents from Middleburg, Virginia. He heads a commander of the U.S. Army Aviation and tion issued by the President asking that the grassroots nonprofit organization—the Next Missile Command (AMCOM) at Redstone Ar- citizens of the United States celebrate Global Generation Choices Foundation—that he senal. He assumed this command on Sep- Family Day, thereby resulting in the Day’s founded over 6 years ago, to build awareness tember 10, 2001, and led during a trying and widespread observance. for cancer prevention by reducing environ- transformative time in our nation’s history. Fol- In advancing Linda Grover’s legacy, we will mental exposures both known and suspected lowing that duty, in 2003, he was tapped to continue to pursue this proclamation and rec- to be linked with cancer. After the loss of his command the U.S. Army Space and Missile ognize Global Family Day every January 1st. sister Anne, mother Joan and several close Defense Command/Army Forces Strategic Just as Ms. Grover believed, I think that, de- friends, he felt the need to create an organiza- Command headquartered at Redstone spite our differences, each of us has an inter- tion that would focus on the root causes of the (SMDC/ARSTRAT). He was fully invested not est in pursuing peaceful solutions to many of worldwide cancer epidemic and increase only in the Arsenal, but also in the Huntsville our contemporary world problems. A better ap- awareness on ways to reduce exposures and community. He was a leader in the Base Re- preciation for one another, practiced at the choices linked with human health and the en- alignment and Closure (BRAC) process on start of a new year, can only lead to the eradi- vironment. He says he learned that there are Team Redstone. Following his retirement from cation of human suffering that results from vio- healthy choices that can be made by individ- his distinguished career in the United States lence, hunger, poverty, and other social ills. uals and communities to work toward a world

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.029 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS February 24, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E231 with less cancer, including nutritional food op- Next Generation Choices, Less Cancer, and the years, I am sure she will continue to work tions for families. Healthy Town are closely associated with can- to improve her community, as she has done Next Generation Choices in turn has formed cer prevention, but also work to reduce all ill- over and throughout her long and successful the Less Cancer Campaign, which has grown nesses associated with human health and the career. to become a worldwide leader in cancer pre- environment. As Mr. Couzens has said, f vention awareness, with over 10,000 mem- ‘‘When communities and individuals work to bers, friends, and fans on Facebook. The make healthier choices, great strides toward CONGRATULATING THE TRANS- reach of the Less Cancer Campaign has been preventing cancer and other illnesses includ- PORTATION TRADES DEPART- wide; numerous other organizations have fol- ing heart disease, diabetes, and obesity can MENT ON ITS 20TH ANNIVER- lowed its lead and collaborated to fan the be made. By educating people and unifying in- SARY flame for cancer prevention around the globe. dividuals and programs—transformation will These combined efforts have raised aware- occur for the next generation.’’ HON. JAMES L. OBERSTAR ness for Less Cancer, not just here in Amer- Madam Speaker, the battle against cancer OF MINNESOTA ica, but around the world. will take the work of individuals, communities, IN THE HOUSE OF REPRESENTATIVES The Less Cancer and new Healthy Town businesses and governments, and we salute Wednesday, February 24, 2010 campaigns are working to help guide commu- the effort of Bill Couzens and Next Generation nities and individuals on understanding the im- Choices as they raise awareness on ways we Mr. OBERSTAR. Madam Speaker, it is my portance of making strong choices, and pro- can all be involved in this fight. great pleasure to congratulate the Transpor- viding information on options and resources tation Trades Department, AFL–CIO as this f available to assist them in making healthy de- strong voice for transportation workers marks cisions. While most often pointing to options IN RECOGNITION OF MS. KELLY its 20th anniversary. for the consumer, the organization in some REFFETT’S YEARS OF SERVICE Transportation is at the core of our daily rare cases has provided food cards, informa- TO ILLINOIS VALLEY COMMU- lives and our economy. From ancient civiliza- tion for healthy food choices, and even shoes NITIES tion through the present day, the quality of for children who need to get out and move, transportation serves as a true measure of a run and play. HON. DEBORAH L. HALVORSON society. How well do people live their daily While Mr. Couzens’ personal experience in- lives? How quickly and efficiently can people spired his passion to help lessen the grip of OF ILLINOIS and goods get from one place to another? cancer on society, he also understood the im- IN THE HOUSE OF REPRESENTATIVES Does the quality of transportation strengthen portance of working with scientists and physi- Wednesday, February 24, 2010 or weaken an economy? cians who have a depth of work in evidenced- Mrs. HALVORSON. Madam Speaker, I rise As we map the vision for our future, we based science. Next Generation Choices to recognize Ms. Kelly Reffett’s years of work must keep asking these questions. Are we board of directors includes Ronald B. in community service and disaster relief and to doing all we can to invest in modern, safe, Herberman, M.D., founding director of the Uni- wish her well as she retires from her role as and efficient transportation? Are the workers in versity of Pittsburgh Cancer Institute, asso- President of the Illinois Valley Federation of this industry as well-trained, experienced, and ciate vice chancellor for cancer research, prepared as possible? Are they treated with Hillman professor of oncology, and professor Labor. respect and dignity? Are they trusted and em- of medicine at the University of Pittsburgh Ms. Reffett began her career in 1979 as an School of Medicine. Dr. Herberman is an inter- operator for Ameritech in Canton, IL. After powered? Do their wages and working condi- nationally recognized tumor immunologist who working for Ameritech for twenty years, Kelly tions help—or hurt—the ability to attract and has made major discoveries in his field and joined the American Red Cross of Greater retain good men and women for these jobs? has fostered the application of this information Chicago as Director of Partner Relations and The work of the Transportation Trades De- to novel approaches in cancer therapy, diag- AFL–CIO Labor Participation. For ten years, partment (TTD), of the AFL–CIO lies at the nosis and prevention. The phenomenon of Kelly worked to expand preparedness edu- heart of these questions. In every major trans- natural killer, NK, cell-mediated cytotoxicity cation opportunities to diverse populations, portation policy debate in Washington over the against tumors was first discovered in Dr. served disaster stricken communities, and past 20 years, TTD has been front and center, Herberman’s laboratory at the National Cancer broadened partnerships with corporations and providing an honest, substantive, and re- Institute in the early 1970s. In addition to his community organizations. spected voice on behalf of millions of transpor- pioneering investigation of NK cells, Dr. In this position, she directed teams of nearly tation workers. TTD brings their voices to Herberman has played a leading role in mul- 100 people at 23 locations, providing execu- those in public office, helping forge far better tiple areas of tumor immunology. tive guidance and program assistance to on- policy and decision-making than if the organi- Other leaders in science and medicine on site supervisors and Volunteer in Service to zation did not exist. the board are Maryann Donovan, Ph.D., the America members. She also served as Part- TTD has always had the courage and con- director of the Center for Environmental On- ner Services Manager/Officer and Labor Liai- viction to demand accountability, to make sure cology at the University of Pittsburgh Cancer son on 25 national relief operations including that public and private sector transportation Institute, and Thomas M. Sherman, M.D., a Hurricane Katrina and World Trade Center 9/ leaders are truly placing safety and our na- gastroenterologist. The board also includes 11 operations. She co-developed the AFL– tional transportation network’s true needs professionals in industry and business. Greg CIO’s 2009 handbook outlining guidelines and ahead of ideology and profit. In an industry— Lam and John Couzens both contribute from policies for volunteer disaster relief operations. and world—that has been so turbulent in re- their years in business and nonprofit manage- These accomplishments are only a small sam- cent years, the value of TTD’s vigilant watch- ment. Miles M. O’Brien is a 26-year broadcast pling of Kelly’s impressive career. dog role is priceless. news veteran. Based in New York City, he In addition to her national service, Kelly was As the Chairman of the House Committee owns a production company that creates, pro- also selected to serve at the state and county on Transportation and Infrastructure, I can duces, and distributes original content across level. Since 2003, Kelly has served as a com- count on TTD to bring integrity, intellectual all media platforms. For nearly 17 years he missioner on the Illinois State Commission on depth, and refreshing clarity to my Committee worked as a correspondent, anchor, and pro- Volunteerism and Community Service. In and the entire Congress. I have long valued ducer for CNN based in Atlanta and New 2008, she was appointed to serve on the La- TTD as a trusted friend and ally, and its sub- York. At various times he was CNN’s science, Salle County Board. Shortly thereafter, she stantive, bipartisan approach has often been space, aviation, technology, and environment was elected to that office. helpful in bringing about consensus on impor- correspondent. Also on the board is Veronique Throughout her long career, Ms. Reffett has tant issues. Pittman, a trustee of The Rainforest Founda- also remained dedicated to the cause of work- As my committee has engaged in enacting tion and Round Hill Hotels and Villas, and a ing families. Serving as President of the Illinois critical legislation—from the surface transpor- partner with Rainforest Native, which imports Valley Federation of Labor for over two dec- tation bill to the FAA reauthorization bill, from fair-trade ecological products from the Amazon ades, she always put the best interests of Illi- the Coast Guard reauthorization to Amtrak rain forest. In addition, she sits on the Leader- nois Valley workers first. and rail safety reauthorization—TTD has been ship Council of the Green Schools Alliance Ms. Kelly Reffett has had a long and proud a comprehensive and credible resource. Its and is an Advisory Board member of the Sus- career, one that is not ending as she retires member unions are on the front lines of our tainable Acai Project and Global Goods Part- from the presidency of the Illinois Valley Fed- transportation network—whether on the ners. eration of Labor. Having worked with her over ground, in the air or at sea.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.034 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E232 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 The accomplishments of the Transportation Jr. to Fresno to spearhead a civil rights dem- tion, and the Football Bowl Association, as an Trades Department, AFL–CIO are far too onstration and march to Ratcliff Stadium. Advisory Committee Member for the L.A. many to enumerate. But to me, ensuring that Beyond her efforts with the NAACP, Mrs. Sports and Entertainment Commission, on the transportation workers have a seat at the Meyers was the first African American, and Advisory Committee for the Sports Business table, and a voice that is heard in key policy the first woman, to seek election as the Mayor Institute at the University of Southern Cali- debates, has been the organization’s greatest of Fresno. She was not only active in local fornia, and as an Ex Officio Member of the contribution to our nation. I congratulate TTD politics and local civil rights activities; she was L.A. Sports Council. on 20 outstanding years, and look forward to also involved with movements around the na- Mitch and his wife, Barbara, have two grown many more. tion. Mrs. Meyers was influential in the south- children and one grandson, and they reside in f ern United States. She is a founding member Pasadena, California. of a number of black organizations, including I ask all Members join me in thanking John HONORING MATTIE MEYERS Iota Phi Lambda Sorority. M. ‘‘Mitch’’ Dorger for over two decades of re- Mrs. Meyers is the mother of five successful markable leadership and dedicated service to HON. GEORGE RADANOVICH children and grandmother to nine. She is a our community and our country. OF CALIFORNIA member of the Westside Seventh Day Advent- f IN THE HOUSE OF REPRESENTATIVES ist Church, lifetime member of the NAACP, CONGRATULATING THE TRANS- Wednesday, February 24, 2010 charter member of Iota Phi Lambda, a found- PORTATION TRADES DEPART- ing member of the Fresno Black Educators Mr. RADANOVICH. Madam Speaker, I rise MENT ON ITS TWENTIETH ANNI- Association. VERSARY today to commend and congratulate Mattie Madam Speaker, I rise today to commend Meyers upon being honored with the ‘‘Trail and congratulate Mattie Meyers upon being Blazers Award’’ by the African American Mu- honored with the ‘‘Trail Blazers Award.’’ I in- HON. GEORGE MILLER OF CALIFORNIA seum. Mrs. Meyers will be honored at the Afri- vite my colleagues to join me in wishing Mrs. IN THE HOUSE OF REPRESENTATIVES can American History Month Celebration and Meyers many years of continued success. Banquet on Saturday, February 6th, 2010 in Wednesday, February 24, 2010 f Fresno, California. Mr. GEORGE MILLER of California. Madam Mrs. Mattie Meyers was born and raised in A TRIBUTE TO JOHN M. ‘‘MITCH’’ Speaker, I would like to congratulate the Durham, North Carolina. She earned her DORGER Transportation Trades Department (TTD), Bachelor of Science degree in chemistry and AFL–CIO on its twentieth anniversary as an mathematics from North Carolina College at HON. ADAM B. SCHIFF invaluable advocate for our nation’s transpor- Durham (now known as North Carolina Cen- OF CALIFORNIA tation workers. As the Chairman of the House tral University) in 1947. Shortly after com- IN THE HOUSE OF REPRESENTATIVES Committee on Education and Labor, I have pleting her education, Mrs. Meyers met a Wednesday, February 24, 2010 seen the critical role that TTD plays in making young doctor named Earl Meyers, during his heard the voices of those on the front lines of residency at Durham’s Lincoln Hospital. Mr. Mr. SCHIFF. Madam Speaker, I rise today our nation’s transit system. Meyers was from a prominent black family in to honor John M. ‘‘Mitch’’ Dorger, who is retir- TTD is a leader in ensuring that an industry Fresno, California. When Earl and Mattie mar- ing from his post as Chief Executive Officer of as safety- and customer service-intensive as ried, they moved to Fresno. the Pasadena Tournament of Roses Associa- transportation has the most well-trained and Upon arriving in Fresno, Dr. Meyers estab- tion this month after ten years of exemplary experienced workforce possible. TTD has en- lished a medical practice to serve the service. abled employees in this industry to present a nonwhite community of Fresno, which did not Mitch graduated from the United States Air unified and effective voice, one that helps have medical services that were readily acces- Force Academy in 1968 with a Bachelor’s de- make policymakers aware of the needs and sible to whites. Mrs. Meyers was the business gree in Political Science. He earned his Mas- concerns of the people who form the back- manager and together they built the first black ter’s degree in International Relations from bone of the industry. TTD serves as an impor- owned medical center in Fresno, which con- Tufts University and an Executive Master’s de- tant check and balance guaranteeing that fi- tained a clinical laboratory, pharmacy, housed gree in Business Administration from Clare- nancial pressures do not lead to cutting cor- an x-ray facility and was home to several Afri- mont Graduate University. ners on safety and security and ensuring that can American physicians. Dr. Meyers served From 1987 to 1989, he served both in the those in government carry out their vital over- as a catalyst in bringing a number of young Office of the Assistant to the Undersecretary sight responsibilities in a thorough and effec- black physicians to the Fresno area, providing of the Air Force and as the Deputy Assistant tive manner. Our nation owes transportation a higher standard of medical care available to to the Undersecretary. In 1989, he participated workers and their representatives a debt of African Americans. in a year-long program of research and stud- gratitude on these issues. While Dr. Meyers continued to focus on the ies for military officers as a Research Fellow TTD’s fight for workplace fairness has most medical disparities, Mrs. Meyers began to rec- at the Kennedy School of Government at Har- recently turned to a proposed rule change at ognize different disparities such as segrega- vard University. From 1990 to 1992, Mitch was the National Mediation Board (NMB) which tion within the schools. She joined with the a Base Commander at the Keesler Technical would allow a majority of voting employees to National Association for the Advancement of Training Center and he served as Chief of prevail in a union election under the Railway Colored People (NAACP), and eventually Staff and then Vice Commander at the United Labor Act. Currently, the NMB treats non-par- Fresno schools adopted an ‘‘open enrollment States Air Force Academy from 1992 to 1994. ticipating voters as opponents of forming a policy’’ which made it possible for African From 1994 to 2000, Mitch was the Chief union. This current rule clearly contradicts the American children to attend schools outside of Operating Officer at the Claremont University standards under which elections are con- West Fresno. Mrs. Meyers’ children were Center, where he oversaw the three hundred ducted in this country. It is a matter of basic among the first to take advantage of the new and fifty person, thirty million dollar organiza- fairness that workers covered under this Act policy. Her involvement with the NAACP did tion which provided support services to the not have lesser rights than employees in other not end there; she also served as the Presi- seven colleges in the Claremont consortium. industries. With the transportation industry fac- dent of the Fresno Chapter. On February 1, 2000, the Pasadena Tour- ing great uncertainty and change, it is more During Mrs. Meyers’ term as President of nament of Roses Association appointed Mr. important than ever that workers have a fair the Fresno Chapter of the NAACP, she was Dorger to the position of Chief Executive Offi- and full voice in the workplace. able to orchestrate many achievements and cer. For ten years, Mitch has been an out- TTD serves an essential role in our nation’s milestones for the growing organization. She standing leader, effectively directing the Tour- labor and transportation policy debates. In a served during the early 1960s. She was able nament of Roses’ staff and supporting the responsible and effective manner, they help to bring Andrew Hatcher, the associate press nine hundred and thirty-five volunteer mem- policymakers remember the needs and con- secretary to President John Kennedy, to Fres- bers who plan and stage the world-renowned cerns of the women and men whose work no as a featured speaker at the NAACP’s sec- Rose Parade and Rose Bowl Game. contributes so much to our national economy. ond annual banquet. Mr. Hatcher was one of In addition to his duties with the Pasadena I congratulate the Transportation Trades De- the most influential African Americans in the Tournament of Roses Association, his volun- partment, AFL–CIO on its many accomplish- country at that time. Later, Mrs. Meyers was teer activities include serving on the boards of ments over the past 20 years, and look for- instrumental in bringing Dr. Martin Luther King, the International Festival and Events Associa- ward to continuing to work with them on

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A24FE8.036 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS February 24, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E233 issues of profound public interest, ranging whites to attend school together. Mr. Hawkins Holding on to his dream to practice law, at from safety to rebuilding and strengthening our was denied admission because of the color of the age of 69, Mr. Hawkins asked the Florida nation’s middle class. his skin, not because he did not meet the Supreme Court to admit him to the Florida f qualifications. He decided to challenge this un- bar. In 1976, the court allowed Mr. Hawkins to just practice by filing suit with the state Su- become a lawyer without taking the bar exam- HONORING THE COURAGE AND DE- preme Court. The state offered to pay Mr. ination. After spending 30 years fighting the TERMINATION OF VIRGIL HAW- Hawkins tuition for an out of state school, but discriminatory foundations in the educational KINS he refused. To prevent similar lawsuits the system, Mr. Hawkins opened his own law firm state opened a law school for African Ameri- in Leesburg, Florida. HON. ALAN GRAYSON cans at the Florida Agricultural and Mechan- ical College (FAMC) for Blacks in Tallahassee. Today the law library at the University of OF FLORIDA In 1952, the Florida Supreme Court dismissed Florida is named the Virgil Hawkins Library in IN THE HOUSE OF REPRESENTATIVES his case, arguing he could attend FAMC. Mr. honor of the sacrifices he made in his struggle Wednesday, February 24, 2010 Hawkins turned to the United States Supreme for justice and equality in the admissions proc- Court and in 1956 the Court ordered the state Mr. GRAYSON. Madam Speaker, I rise esses of the state’s university system. A of Florida to admit Mr. Hawkins to the Univer- today to pay tribute to the courageous civil monument honoring Virgil Hawkins stands in sity of Florida Law School. Initially, the state rights hero Virgil Hawkins. Mr. Hawkins was his hometown of Okahumpka, Florida, and is did not comply with the Supreme Court’s the leader in the fight for the desegregation of located a few blocks from his childhood home. order, citing the violence that would erupt if Florida’s universities. Mr. Hawkins is a true These are just minor tributes to a man who Mr. Hawkins was admitted. Finally, a district contributed so much to the civil rights struggle role model for his determination and personal court judge ordered the University of Florida sacrifice. graduate school to open its doors to all quali- in Central Florida, and America as a whole. Born in 1906 in Okahumpka, Florida, Mr. fied students, regardless of race. This was a Madam Speaker, as Black History Month Hawkins decided from a young age that he major step forward in Mr. Hawkins’s struggle; comes to a close, it is with great honor that I wanted to be a lawyer after witnessing the un- unfortunately, University of Florida claimed he recognize the incredible activism of this civil fair treatment of African Americans in the judi- was not qualified and did not admit him. rights leader. Mr. Hawkins’s lifelong struggle cial system. Mr. Hawkins graduated high After a nine-year struggle to desegregate for justice is inspirational to all future genera- school in Jacksonville, Florida, and attended Florida universities, Mr. Hawkins attended the tions of Floridians, and Americans. As a fellow Lincoln University in Pennsylvania. By the time unaccredited New England School of Law in lawyer, I admire his dedication to seek justice Mr. Hawkins was 42, he had saved up enough Boston, Massachusetts. Due to the lack of ac- and equal educational opportunities for all. money to attend law school by selling insur- creditation of the law school, he was not al- Florida is indebted to Mr. Hawkins for the per- ance and working as a school teacher. In lowed to take the bar when he returned to sonal sacrifices and the pathways to equal ac- 1949, he applied to the University of Florida Florida. Mr. Hawkins was not allowed to prac- cess to education in the desegregation of our Law School in Gainesville. tice law and worked as a salesman, teacher, At the time Mr. Hawkins applied, it was a public relations director, and as the director school systems. against Florida law for African Americans and of a community action agency.

VerDate Nov 24 2008 04:31 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K24FE8.018 E24FEPT1 tjames on DSKG8SOYB1PROD with REMARKS E234 CONGRESSIONAL RECORD — Extensions of Remarks February 24, 2010 SENATE COMMITTEE MEETINGS 2 p.m. with the possibility of a closed session Veterans’ Affairs in SVC–217 following the open session. Title IV of Senate Resolution 4, To hold hearings to examine a legislative SH–216 agreed to by the Senate on February 4, presentation from Disabled Veterans of Veterans’ Affairs 1977, calls for establishment of a sys- America. To hold hearings to examine legislative tem for a computerized schedule of all 345, Cannon Building presentations from the Paralyzed Vet- meetings and hearings of Senate com- 2:30 p.m. erans of America, Jewish War Vet- mittees, subcommittees, joint commit- Intelligence erans, Military Order of the Purple tees, and committees of conference. To hold closed hearings to consider cer- Heart, Ex-Prisoners of War, Blinded This title requires all such committees tain intelligence matters. Veterans Association, Military Officers SH–219 Association of America, Air Force Ser- to notify the Office of the Senate Daily geants Association, and the Wounded Digest—designated by the Rules Com- MARCH 3 Warrior Project. mittee—of the time, place, and purpose 9:30 a.m. 345, Cannon Building of the meetings, when scheduled, and Homeland Security and Governmental Af- 2:30 p.m. any cancellations or changes in the fairs Intelligence meetings as they occur. To hold hearings to examine chemical se- To hold closed hearings to consider cer- tain intelligence matters. As an additional procedure along curity, focusing on assessing progress SH–219 with the computerization of this infor- and charting a path forward. SD–342 mation, the Office of the Senate Daily MARCH 9 Digest will prepare this information for Appropriations 9:30 a.m. printing in the Extensions of Remarks Interior, Environment, and Related Agen- cies Subcommittee Armed Services section of the CONGRESSIONAL RECORD To examine the President’s proposed To hold hearings to examine U.S. Euro- on Monday and Wednesday of each budget estimates for fiscal year 2011 for pean Command, U.S. Africa Command, week. the Environmental Protection Agency. and U.S. Joint Forces Command in re- Meetings scheduled for Thursday, SD–124 view of the Defense Authorization re- February 25, 2010 may be found in the Veterans’ Affairs quest for fiscal year 2011 and the Fu- Daily Digest of today’s RECORD. To hold an oversight hearing to examine ture Years Defense Program; with the mental health care and suicide preven- possibility of a closed session in SR–222 tion for veterans. following the open session. SH–216 MEETINGS SCHEDULED SR–418 10 a.m. Veterans’ Affairs FEBRUARY 26 Energy and Natural Resources To hold hearings to examine a legislative 9:30 a.m. Business meeting to consider any pend- presentation from Veterans of Foreign Veterans’ Affairs ing nominations; to be immediately Wars. SDG–50 To hold hearings to examine the Presi- followed by a hearing to examine the dent’s proposed budget request for fis- President’s proposed budget request for MARCH 10 cal year 2011 for the Department of fiscal year 2011 for the Department of Veterans Affairs. the Interior. 10 a.m. SR–418 SD–366 Homeland Security and Governmental Af- 10 a.m. Environment and Public Works fairs Finance To hold hearings to examine transpor- To hold hearings to examine the lessons To hold hearings to examine the nomina- tation investments relative to the na- and implications of the Christmas day tions of Jeffrey Alan Goldstein, of New tional economy and jobs. attack, focusing on watchlisting and York, to be Under Secretary of the SD–406 pre-screening. Treasury, Francisco J. Sanchez, of Finance SD–342 Florida, to be Under Secretary of Com- To hold hearings to examine the 2010 2:30 p.m. merce for International Trade, and trade agenda. Foreign Relations Sherry Glied, of New York, to be As- International Operations and Organiza- SD–215 sistant Secretary of Health and Human tions, Human Rights, Democracy and Judiciary Services. Global Women’s Issues Subcommittee To hold hearings to examine encouraging SD–215 To hold hearings to examine the future innovative and cost-effective crime re- Judiciary of U.S. public diplomacy. duction strategies. To hold hearings to examine the Office of SD–419 Professional Responsibility Investiga- SD–226 Energy and Natural Resources tion into the Office of Legal Counsel Commerce, Science, and Transportation Public Lands and Forests Subcommittee Memoranda. Oceans, Atmosphere, Fisheries, and Coast To hold hearings to examine S. 2895, to SD–226 Guard Subcommittee restore forest landscapes, protect old 10:30 a.m. To hold hearings to examine the Presi- growth forests, and manage national Joint Economic Committee dent’s proposed budget request for fis- forests in the eastside forests of the To hold hearings to examine the road to cal year 2011 for the National Oceanic State of Oregon, S. 2907, to establish a economic recovery, focusing on pros- and Atmospheric Administration and coordinated avalanche protection pro- pects for jobs and growth. Fisheries Enforcement Programs and gram, S. 2966 and H.R. 4474, bills to au- 2325, Rayburn Building Operations. thorize the continued use of certain SR–253 water diversions located on National MARCH 2 2:30 p.m. Forest System land in the Frank Homeland Security and Governmental Af- 9:30 a.m. Church-River of No Return Wilderness fairs Banking, Housing, and Urban Affairs and the Selway-Bitterroot Wilderness Federal Financial Management, Govern- Economic Policy Subcommittee in the State of Idaho, and S. 2791 and To hold hearings to examine restoring ment Information, Federal Services, H.R. 3759, bills to authorize the Sec- credit, focusing on proposals to fix and International Security Sub- retary of the Interior to grant market- small business borrowing and lending committee related contract extensions of certain problems. To hold hearings to examine oversight timber contracts between the Sec- SD–538 challenges in the Medicare prescription retary of the Interior and timber pur- 10 a.m. drug program. chasers. Commerce, Science, and Transportation SD–342 SD–366 To hold hearings to examine Toyota’s re- calls and the government’s response. MARCH 4 MARCH 11 SR–253 9:30 a.m. 9:30 a.m. Judiciary Armed Services Armed Services Human Rights and the Law Subcommittee To hold hearings to examine the Presi- To hold hearings to examine U.S. North- To hold hearings to examine global inter- dent’s proposed budget request for fis- ern Command and U.S. Southern Com- net freedom and the rule of law, part cal year 2011 for the Air Force in re- mand in review of the Defense Author- II. view of the Defense Authorization and ization request for fiscal year 2011 and SD–226 the Future Years Defense Program; the Future Years Defense Program;

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HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House of Representatives to the amendment of the Senate to H.R. 2847, Com- merce, Justice, and Science, and Related Agencies Appropriations Act. (The legislative vehicle entitled, ‘‘Jobs for Main Street Act’’.) Senate amendment to the Senate amendment), in the nature Chamber Action of a substitute, after taking action on the following Routine Proceedings, pages S717–755 motion and amendment proposed thereto: Measures Introduced: Ten bills and two resolu- Pages S718–25 tions were introduced, as follows: S. 3028–3037, S.J. Withdrawn: Res. 28, and S. Res. 421. Pages S742–43 Reid Amendment No. 3311 (to Amendment No. Measures Reported: 3310), to change the enactment date. Page S725 S. Res. 404, supporting full implementation of During consideration of this measure today, Senate the Comprehensive Peace Agreement and other ef- also took the following action: By 62 yeas to 34 nays forts to promote peace and stability in Sudan. (Vote No. 24), three-fifths of those Senators duly S. Res. 414, expressing the Sense of the Senate on chosen and sworn, having voted in the affirmative, the recovery, rehabilitation, and rebuilding of Haiti Senate agreed to the motion to waive section 201(a) following the humanitarian crisis caused by the Jan- of S. Con. Res. 21, FY08 Congressional Budget Res- uary 12, 2010, earthquake in Haiti. Page S740 olution, with respect to Reid motion to concur in Measures Passed: the amendment of the House to the amendment of Medicare Physician Payment Reform Act: Senate the Senate to the bill, with Reid Amendment No. passed H.R. 3961, to extend expiring provisions of 3310 (to the House Amendment to the Senate the USA PATRIOT Improvement and Reauthoriza- Amendment), in the nature of a substitute. The tion Act of 2005 and Intelligence Reform and Ter- point of order that the amendment was in violation rorism Prevention Act of 2004 until February 28, of section 201(a) of S. Con. Res. 21, FY08 Congres- 2011, after agreeing to the following amendments sional Budget Resolution, was not sustained. proposed thereto: Pages S736–37 Pages S724–25 Reid Amendment No. 3331, in the nature of a United States Capitol Police Administrative substitute. Page S737 Technical Corrections Act: Senate began consider- Reid Amendment No. 3332, to amend the title. ation of the amendment of the House of Representa- Page S737 tives to the amendment of the Senate to H.R. 1299, National Guard Youth Challenge Day: Senate to make technical corrections to the laws affecting agreed to S. Res. 421, supporting the goals and certain administrative authorities of the United ideals of ‘‘National Guard Youth Challenge Day’’. States Capitol Police, taking action of the following Page S753 motions and amendments proposed thereto: House Messages: Pages S725–32 Commerce, Justice, Science, and Related Agen- Pending: cies Appropriations Act: By 70 yeas to 28 nays Reid motion to concur in the amendment of the (Vote No. 25), Senate agreed to the motion to con- House to the amendment of the Senate to the bill. cur in the amendment of the House of Representa- Page S726 tives to the amendment of the Senate to H.R. 2847, Reid motion to concur in the amendment of the making appropriations for the Departments of Com- House to the amendment of the Senate to the bill, merce and Justice, and Science, and Related Agen- with Reid Amendment No. 3326 (to to the House cies for the fiscal year ending September 30, 2010, amendment to the Senate amendment), to change with Reid Amendment No. 3310 (to the House the enactment date. Page S726 D136

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Reid Amendment No. 3327 (to Amendment No. John B. Stevens, Jr., of Texas, to be United States 3326), of a perfecting nature. Page S726 Attorney for the Eastern District of Texas for the Reid motion to refer in the amendment of the term of four years. House to the amendment of the Senate to the Com- John Dale Foster, of West Virginia, to be United mittee on Rules and Administration, with instruc- States Marshal for the Southern District of West tions, Reid Amendment No. 3328, to provide for a Virginia for the term of four years. study. Page S726 Gary Michael Gaskins, of West Virginia, to be Reid Amendment No. 3329 (to the instructions United States Marshal for the Northern District of (Amendment No. 3328) of the motion to refer), of West Virginia for the term of four years. a perfecting nature. Page S726 Paul Ward, of North Dakota, to be United States Reid Amendment No. 3330 (to Amendment No. Marshal for the District of North Dakota for the 3329), of a perfecting nature. Page S726 term of four years. A motion was entered to close further debate on Adam Gamoran, of Wisconsin, to be a Member of the motion to concur in the amendment of the the Board of Directors of the National Board for House to the amendment of the Senate to the bill, Education Sciences for a term expiring November and, in accordance with the provisions of Rule XXII 28, 2012. of the Standing Rules of the Senate, a vote on clo- Deborah Loewenberg Ball, of Michigan, to be a ture will occur on Friday, February, 26, 2010. Member of the Board of Directors of the National Page S726 Board for Education Sciences for a term expiring A unanimous-consent agreement was reached pro- November 28, 2012. viding for further consideration of the motion to Eduardo M. Ochoa, of California, to be Assistant concur in the amendment of the House of Rep- Secretary for Postsecondary Education, Department resentatives to the amendment of the Senate to the of Education. bill at approximately 10 a.m., on Thursday, February Margaret R. McLeod, of the District of Columbia, 25, 2010. Page S753 to be a Member of the Board of Directors of the Na- Appointments: tional Board for Education Sciences for a term expir- National Commission on Fiscal Responsibility ing November 28, 2012. and Reform: The Chair announced, on behalf of the Bridget Terry Long, of Massachusetts, to be a Majority Leader, pursuant to Executive Order No. Member of the Board of Directors of the National 13531, the appointment of the following to the Na- Board for Education Sciences for a term expiring tional Commission on Fiscal Responsibility and Re- November 28, 2012. form: Senators Durbin, Baucus, and Conrad. Stephen T. Ayers, of Maryland, to be Architect of Page S753 the Capitol for the term of ten years. Nominations Received: Senate received the fol- 2 Army nominations in the rank of general. lowing nominations: Routine lists in the Coast Guard, and Foreign Robert Neil Chatigny, of Connecticut, to be Service. Pages S753–55 United States Circuit Judge for the Second Circuit. Messages from the House: Page S739 Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit. Measures Referred: Page S739 William Joseph Martinez, of Colorado, to be Executive Communications: Pages S739–40 United States District Judge for the District of Colo- Executive Reports of Committees: Pages S740–42 rado. Additional Cosponsors: Page S743 Gary Scott Feinerman, of Illinois, to be United Statements on Introduced Bills/Resolutions: States District Judge for the Northern District of Il- linois. Pages S744–51 Sharon Johnson Coleman, of Illinois, to be United Additional Statements: Pages S738–39 States District Judge for the Northern District of Il- Amendments Submitted: Pages S751–52 linois. Notices of Intent: Page S752 Wifredo A. Ferrer, of Florida, to be United States Notices of Hearings/Meetings: Page S752 Attorney for the Southern District of Florida for the term of four years. Authorities for Committees to Meet: Laura E. Duffy, of California, to be United States Pages S752–53 Attorney for the Southern District of California for Record Votes: Two record votes were taken today. a term of four years. (Total—25) Pages S724–25, S725 Alicia Anne Garrido Limtiaco, of Guam, to be Adjournment: Senate convened at 9:30 a.m. and United States Attorney for the District of Guam and adjourned at 7:19 p.m., until 10 a.m. on Thursday, concurrently United States Attorney for the District February 25, 2010. (For Senate’s program, see the re- of the Northern Mariana Islands for the term of four marks of the Acting Majority Leader in today’s years. Record on page S753.)

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FOREST SERVICE BUDGET Committee Meetings Committee on Energy and Natural Resources: Committee (Committees not listed did not meet) concluded a hearing to examine the President’s pro- posed budget request for fiscal year 2011 for the APPROPRIATIONS: DEPARTMENT OF Forest Service, after receiving testimony from Tom STATE AND FOREIGN OPERATIONS Tidwell, Chief, Forest Service, Department of Agri- Committee on Appropriations: Subcommittee on State, culture. Foreign Operations, and Related Programs concluded a hearing to examine proposed budget estimates for LAKE TAHOE BASIN fiscal year 2011for the Department of State and for- Committee on Environment and Public Works: Com- eign operations, after receiving testimony from Hil- mittee with the Subcommittee on Water and Wild- lary Rodham Clinton, Secretary of State. life concluded a joint hearing to examine S. 2724, to provide for environmental restoration activities APPROPRIATIONS: HOMELAND SECURITY and forest management activities in the Lake Tahoe Committee on Appropriations: Subcommittee on Home- Basin, after receiving testimony from Senators Fein- land Security concluded a hearing to examine pro- stein, Cantwell, Reid and Ensign; Peter Silva, Assist- posed budget estimates for fiscal year 2011 for the ant Administrator, Office of Water, Environmental Department of Homeland Security, after receiving Protection Agency; Harris Sherman, Undersecretary testimony from Janet Napolitano, Secretary of of Agriculture for Natural Resources and Environ- Homeland Security. ment; Patrick Wright, California Tahoe Conser- COUNTERINSURGENCY vancy, South Lake Tahoe; David D. Dicks, Puget Sound Partnership, Olympia, Washington; Alexander Committee on Armed Services: Committee concluded a B. Grannis, New York State Department of Environ- hearing to examine contracting in a counterinsur- mental Conservation Commissioner, and John R. gency, focusing on an examination of Blackwater- Tauzel, New York Farm Bureau, both of Albany; Paravant contract and the need for oversight, after Debrah Marriott, Lower Columbia River Estuary receiving testimony from Steven M. Ograyensek, Partnership, Portland, Oregon; and David Naftzger, Contracting Officer, and James T. Blake, Program Council of Great Lakes Governors, and David A. Executive Officer and Head of Contracting Activity, Ullrich, Great Lakes and St. Lawrence Cities Initia- both of the Program Executive Office for Simulation, tive, both of Chicago, Illinois. Training, and Instrumentation, U.S. Army, and Colonel Bradley V. Wakefield, USA, (Ret.), former BUSINESS MEETING Chief of Training and Education, Combined Security Committee on Foreign Relations: Committee ordered fa- Transition Command—Afghanistan, all of the De- vorably reported the following business items: partment of Defense; John R. Walker, former Pro- S. Res. 414, expressing the Sense of the Senate on gram Manager, Paravant, Gilbert, Arizona; Brian C. the recovery, rehabilitation, and rebuilding of Haiti McCracken, Raytheon Technical Services Company, following the humanitarian crisis caused by the Jan- Washington, D.C.; and Fred Roitz, Xe Services LLC, uary 12, 2010, earthquake in Haiti; Moyack, North Carolina. S. 2961, to provide debt relief to Haiti; DEPARTMENT OF TRANSPORTATION S. Res. 400, urging the implementation of a com- BUDGET prehensive strategy to address instability in Yemen, Committee on the Budget: Committee concluded a hear- with amendments; ing to examine the President’s proposed budget re- S. Res. 404, supporting full implementation of quest for fiscal year 2011 for the Department of the Comprehensive Peace Agreement and other ef- Transportation, after receiving testimony from Ray forts to promote peace and stability in Sudan; and LaHood, Secretary of Transportation. The nominations of Leocadia Irine Zak, of the District of Columbia, to be Director of the Trade NATIONAL AERONAUTICS AND SPACE and Development Agency, Walter Crawford Jones, of ADMINISTRATION Maryland, to be United States Director of the Afri- Committee on Commerce, Science, and Transportation: Sub- can Development Bank, Douglas A. Rediker, of Mas- committee on Science and Space concluded a hearing sachusetts, to be United States Alternate Executive to examine the challenges and opportunities in the Director of the International Monetary Fund, Ian National Aeronautics and Space Administration Hoddy Solomon, of Maryland, to be United States (NASA) fiscal year 2011 budget proposal, after re- Executive Director of the International Bank for Re- ceiving testimony from Charles F. Bolden, Jr., Ad- construction and Development, Donald E. Booth, of ministrator, National Aeronautics and Space Admin- Virginia, to be Ambassador to the Federal Demo- istration; Miles O’Brien, ‘‘This Week in Space’’, cratic Republic of Ethiopia, Beatrice Wilkinson New York, New York; Robert Gibson, Welters, of Virginia, to be Ambassador to the Re- Murfreesboro, Tennessee; Michael J. Snyder, public of Trinidad and Tobago, Scott H. DeLisi, of Friendswood, Texas; and A. Thomas Young, Minnesota, to be Ambassador to the Federal Demo- Onancock, Virginia. cratic Republic of Nepal, Harry K. Thomas, Jr., of

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New York, to be Ambassador to the Republic of the WORKFORCE INVESTMENT SYSTEM Philippines, David Adelman, of Georgia, to be Am- Committee on Health, Education, Labor, and Pensions: bassador to the Republic of Singapore, Rosemary Committee concluded a hearing to examine a strong- Anne DiCarlo, of the District of Columbia, to be er workforce investment system for a stronger econ- Representative of the United States of America to omy, after receiving testimony from Anthony P. the Sessions of the General Assembly of the United Carnevale, Georgetown University Center on Edu- Nations, during her tenure of service as Deputy Rep- cation and the Workforce, Washington, D.C.; Cheryl resentative of the United States of America to the Feldman, Training and Upgrading Fund, Philadel- United Nations, and to be the Deputy Representa- phia, Pennsylvania; Paul Stalknecht, Air Condi- tive of the United States of America to the United tioning Contractors of America, Arlington, Virginia; Nations, with the rank and status of Ambassador, Joseph M. Carbone, The WorkPlace, Inc., Bridge- and the Deputy Representative of the United States port, Connecticut; and Robert G. Templin, Jr., of America in the Security Council of the United Northern Virginia Community College, Annandale, Nations, Brooke D. Anderson, of California, to be an Virginia. Alternate Representative of the United States of CHILD PROSTITUTION AND SEX America to the Sessions of the General Assembly of the United Nations during her tenure of service as TRAFFICKING Alternate Representative of the United States of Committee on the Judiciary: Subcommittee on Human America for Special Political Affairs in the United Rights and the Law concluded a hearing to examine Nations, and to be Alternate Representative of the child prostitution and sex trafficking in the United United States of America for Special Political Affairs States, including S. 2925, to establish a grant pro- gram to benefit victims of sex trafficking, after re- in the United Nations, with the rank of Ambas- ceiving testimony from Senator Wyden; Luis sador, Allan J. Katz, of Florida, to be Ambassador CdeBaca, Ambassador-at-Large, Office to Monitor to the Portuguese Republic, Ian C. Kelly, of Mary- and Combat Trafficking In Persons, Department of land, to be U.S. Representative to the Organization State; Beth Phillips, United States Attorney, West- for Security and Cooperation in Europe, with the ern District of Missouri, Kansas City; Anita Alvarez, rank of Ambassador, and Judith Ann Stewart Stock, Cook County State Attorney, Chicago, Illinois; and of Virginia, to be Assistant Secretary for Educational Rachel Lloyd, Girls Educational and Mentoring Serv- and Cultural Affairs, all of the Department of State, ices, New York, New York. and a promotion list in the Foreign Service. NOMINATIONS FOREIGN POLICY PRIORITIES Committee on the Judiciary: Committee concluded a Committee on Foreign Relations: Committee concluded hearing to examine the nominations of Brian An- a hearing to examine foreign policy priorities in the thony Jackson, to be United States District Judge for fiscal year 2011 International Affairs budget, after the Middle District of Louisiana, and Elizabeth Erny receiving testimony from Hillary Rodham Clinton, Foote, to be United States District Judge for the Secretary of State. Western District of Louisiana, who were both intro- duced by Senator Landrieu, Marc T. Treadwell, to be United States District Judge for the Middle District DEPARTMENT OF HOMELAND SECURITY of Georgia, who was introduced by Senator BUDGET Chambliss, Josephine Staton Tucker, to be United Committee on Homeland Security and Governmental Af- States District Judge for the Central District of Cali- fairs: Committee concluded a hearing to examine the fornia, and Mark A. Goldsmith, to be United States proposed budget request for fiscal year 2011 for the District Judge for the Eastern District of Michigan, Department of Homeland Security, after receiving who was introduced by Senators Levin and Stabenow, testimony from Janet Napolitano, Secretary of after the nominees testified and answered questions Homeland Security. in their own behalf.

VerDate Nov 24 2008 04:47 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 5627 E:\CR\FM\D24FE0.REC D24FEPT1 tjames on DSKG8SOYB1PROD with DIGEST D140 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2010 House of Representatives sumers, by a yea-and-nay vote of 406 yeas to 19 Chamber Action nays, Roll No. 64. Pages H761–69, H771 Public Bills and Resolutions Introduced: 15 pub- Rejected the Smith (TX) motion to recommit the lic bills, H.R. 4674–4688; and 6 resolutions, H. bill to the Committee on the Judiciary with instruc- Con. Res. 239; and H. Res. 1103–1104, 1106–1108 tions to report the bill back to the House forthwith were introduced. Pages H832–33 with amendments, by a yea-and-nay vote of 170 yeas Additional Cosponsors: Pages H833–34 to 249 nays, Roll No. 63. Pages H787–90 Report Filed: A report was filed today as follows: H. Res. 1098, the rule providing for consideration H. Res. 1105, providing for consideration of the of the bill, was agreed to by a yea-and-nay vote of bill (H.R. 2701) to authorize appropriations for fis- 238 yeas to 181 nays, Roll No. 60, after the pre- cal year 2010 for intelligence and intelligence-related vious question was ordered without objection. activities of the United States Government, the Pages H761–69 Community Management Account, and the Central Suspension—Proceedings Postponed: The House Intelligence Agency Retirement and Disability Sys- debated the following measure under suspension of tem, and for other purposes, waiving a requirement the rules. Further proceedings were postponed: of clause 6(a) of rule XIII with respect to consider- ation of certain resolutions reported from the Com- Recognizing the difficult challenges Black vet- mittee on Rules, and providing for consideration of erans faced when returning home after serving in motions to suspend the rules (H. Rept. 111–419). the Armed Forces, their heroic military sacrifices, Page H832 and their patriotism: H. Con. Res. 238, to recog- Suspensions—Proceedings Resumed: The House nize the difficult challenges Black veterans faced agreed to suspend the rules and agree to the fol- when returning home after serving in the Armed lowing measures which were debated on Tuesday, Forces, their heroic military sacrifices, and their pa- February 23rd: triotism in fighting for equal rights and for the dig- nity of a people and a Nation. Pages H791–94 Honoring the life of Miep Gies: H. Res. 1074, to honor the life of Miep Gies, who aided Anne Senate Messages: Messages received from the Senate Frank’s family while they were in hiding and pre- today appear on page H816. served her diary for future generations, by a 2⁄3 yea- Senate Referrals: S. 30 was referred to the Com- and-nay vote of 421 yeas with none voting ‘‘nay’’, mittee on Energy and Commerce. Page H831 Roll No. 61; Pages H769–70 Quorum Calls—Votes: Five yea-and-nay votes and Expressing the sense of the House of Representa- one recorded vote developed during the proceedings tives on religious minorities in Iraq: H. Res. 944, of today and appear on pages H769, H770, amended, to express the sense of the House of Rep- 2 H770–71, H789–90, H790–91, H791. There were resentatives on religious minorities in Iraq, by a ⁄3 no quorum calls. recorded vote of 415 ayes to 3 noes, Roll No. 62; and Pages H770–71 Adjournment: The House met at 10 a.m. and ad- Agreed to amend the title so as to read: ‘‘Express- journed at 9:45 p.m. ing the sense of the House of Representatives on the protection of members of vulnerable religious and ethnic minority communities in Iraq.’’. Page H771 Committee Meetings Honoring and celebrating the contributions of African-Americans to the transportation and in- AGRICULTURE, RURAL DEVELOPMENT, frastructure of the United States: H. Res. 1085, to FDA, AND RELATED AGENCIES honor and celebrate the contributions of African- APPROPRIATIONS Americans to the transportation and infrastructure of Committee on Appropriations: Subcommittee on Agri- the United States, by a 2⁄3 yea-and-nay vote of 419 culture, Rural Development, Food and Drug Admin- yeas with none voting ‘‘nay’’, Roll No. 65. Page H791 istration, and Related Agencies held a hearing on Health Insurance Industry Fair Competition Act: Fiscal Year 2011 Budget for the Department of Ag- The House passed H.R. 4626, to restore the applica- riculture. Testimony was heard from Tom Vilsack, tion of the Federal antitrust laws to the business of Secretary of Agriculture. health insurance to protect competition and con-

VerDate Nov 24 2008 04:47 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC D24FEPT1 tjames on DSKG8SOYB1PROD with DIGEST February 24, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D141 COMMERCE, JUSTICE, SCIENCE, AND MILITARY CONSTRUCTION, VETERANS RELATED AGENCIES APPROPRIATIONS AFFAIRS AND RELATED AGENCIES Committee on Appropriations: Subcommittee on Com- APPROPRIATIONS merce, Justice, Science and Related Agencies held a Committee on Appropriations: Subcommittee on Mili- hearing on Fiscal Year 2011 Budget for the Legal tary Construction, Veterans Affairs, and Related Services Corporation. Testimony was heard from the Agencies held a hearing on the American Battle following officials of the Legal Services Corporation: Monuments Commission. Testimony was heard from Victor M. Fortuno, Interim President and General Max Cleland, Secretary, American Battle Monuments Counsel; and Frank B. Strickland, Chairman, Board Commission. of Directors. The Subcommittee also held a hearing on U.S. The Subcommittee also held a hearing on Fiscal Court of Appeals for Veterans Claims. Testimony Year 2011 Budget for Science and Technology. Tes- was heard from Judge Bruce E. Kasold, U.S. Court timony was heard from John P. Holdren, Science of Appeals for Veterans Claims. Adviser to the President. The Subcommittee also held a hearing on Arling- DEFENSE APPROPRIATIONS ton National Cemetery and the Armed Forces Re- Committee on Appropriations: Subcommittee on Defense tirement Home. Testimony was heard from Jo Ellen held a hearing on Combat Aircraft Requirements. Darcy, Assistant Secretary of the Army for Civil Testimony was heard from the followng officials of Works; and Timothy C. Cox, Chief Operating Offi- the Department of Defense: RDM David L. Philman, cer, Armed Forces Retirement Home. USN, Director, Air Warfare Division; and MG David Scott, USAF, Director, Operational Capability FY 2011 NATIONAL DEFENSE Requirements/Deputy Chief of Staff, Operations, AUTHORIZATION BUDGET REQUEST Plans and Requirements. FROM NAVY DEPARTMENT ENERGY AND WATER DEVELOPMENT Committee on Armed Services: Held a hearing on Fiscal APPROPRIATIONS Year 2011 National Defense Authorization Budget Request from the Department of the Navy. Testi- Committee on Appropriations: Subcommittee on Energy mony was heard from the following officials of the and Water Development, and Related Agencies held Department of the Navy: Ray Mabus, Secretary; a hearing on U.S. Corps of Engineers, Fiscal Year ADM Gary Roughead, USN, Chief of Naval Oper- 2011 Budget. Testimony was heard from the fol- ations; and GEN James T. Conway, USMC, Com- lowing officials of Department of the Army: Jo Ellen mandant, U.S. Marine Corps. Darcy, Assistant Secretary, Civil Works; and LTG Robert Van Antwerp, Chief of Engineers, U.S. Corps ENERGY MANAGEMENT AND INITIATIVES of Engineers. ON MILITARY INSTALLATIONS FINANCIAL SERVICES, AND GENERAL Committee on Armed Services: Subcommittee on Readi- GOVERNMENT APPROPRIATIONS ness held a hearing on energy management and ini- Committee on Appropriations: Subcommittee on Finan- tiatives on military installations. Testimony was cial Services, and General Government held a hear- heard from the following officials of the Department ing on Fiscal Year 2011 Budget for the IRS. Testi- of Defense: Dorothy Robyn, Deputy Under Secretary, mony was heard from Douglas Shulman, Commis- Installations and Environment; L. Jerry Hansen, sioner, IRS, Department of the Treasury. Army Senior Energy Executive, Senior Official Per- INTERIOR AND ENVIRONMENT, AND forming Duties as the Assistant Secretary of the RELATED AGENCIES APPROPRIATIONS Army, Installations and Environment, Department of the Army; Roger M. Natsuhara, Acting Assistant Committee on Appropriations: Subcommittee on Interior Secretary, Installations and Environment, Depart- and Environment, and Related Agencies held a hear- ment of the Navy; and Debra K. Tune, Performing ing on Protecting Public Health and the Environ- the Duties of the Assistant Secretary of the Air ment: EPA FY 2011 Budget Request. Testimony Force, Installations, Environment and Logistics. was heard from Lisa Jackson, Administrator, EPA. LEGISLATIVE BRANCH APPROPRIATIONS TREASURY DEPARTMENT FY 2011 BUDGET Committee on Appropriations: Subcommittee on Legisla- Committee on the Budget: Held a hearing on the Treas- tive Branch held an appropriations hearing. Testi- ury Department Fiscal Year 2011 Budget. Testi- mony was heard from Members of Congress and mony was heard from Timothy F. Geithner, Sec- public witnesses. retary of the Treasury.

VerDate Nov 24 2008 04:47 Feb 25, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC D24FEPT1 tjames on DSKG8SOYB1PROD with DIGEST D142 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2010 ALL-STAR ACT OF 2009 Valley Special Resource Study Act; H.R. 4192, Committee on Education and Labor: Held a hearing on amended, Stornetta Public Lands Outstanding Nat- H.R. 4330, ALL-STAR Act of 2009. Testimony was ural Area Act of 2009; H.R. 4252, Inland Empire heard from public witnesses. Perchlorate Ground Water Plume Assessment Act of 2009; H.R. 1769, amended, Alpine Lakes Wilder- COMMERCIAL COLLECTION AND USE OF ness Additions and Pratt and Middle Fork LOCATION INFORMATION Snoqualmie Rivers Protection Act; H.R. 2788, Dis- Committee on Energy and Commerce: Subcommittee on tinguished Flying Cross National Memorial Act; and Commerce, Trade, and Consumer Protection and the H.R. 4395, amended, to revise the boundaries of the Subcommittee on Communications, Technology and Gettysburg National Military Park to include the the Internet held a joint hearing on The Collection Gettysburg Train Station. and Use of Location Information for Commercial Purposes. Testimony was heard from public wit- GEOTHERMAL PRODUCTION EXPANSION nesses. ACT ANTHEM BLUE CROSS PREMIUM HIKE Committee on Natural Resources: Subcommittee on En- ergy and Mineral Resources held a hearing on H.R. Committee on Energy and Commerce: Subcommittee on 3709, Geothermal Production Expansion Act. Testi- Oversight and Investigations held a hearing entitled mony was heard from Representative Inslee; ‘‘Premium Increases by Anthem Blue Cross in the Marcilynn Burke, Deputy Director, Bureau of Land Individual Health Insurance Market.’’ Testimony was Management, Department of the Interior; and public heard from public witnesses. witnesses. MONETARY POLICY—STATE OF THE ECONOMY NOAA/INTERIOR DEPARTMENTS BUDGET Committee on Financial Services: Held a hearing on the Committee on Natural Resources: Subcommittee on In- Chairman of the Board of Governors of the Federal sular Affairs, Oceans and Wildlife held an oversight Reserve System on Monetary Policy and the State of hearing on the President’s Fiscal Year 2011 budget the Economy. Testimony was heard from Ben S. requests for the NOAA, the U.S. Office of Insular Bernanke, Chairman, Board of Governors, Federal Affairs, and the U.S. Fish and Wildlife Service. Tes- Reserve System. timony was heard from Togiola T.A. Tulafono, Gov- ernor, American Samoa; Anthony M. Babauta, As- IRAQ RECONSTRUCTION LESSONS sistant Secretary, Insular Affairs, Department of the Committee on Foreign Affairs: Subcommittee on Inter- Interior; and Mary M. Glackin, Deputy Under Sec- national Organizations, Human Rights and Over- retary, Oceans and Atmosphere, Department of sight held an oversight hearing on Hard Lessons Commerce. Learned in Iraq and Benchmarks for Future Recon- struction Efforts. Testimony was heard from Stuart TOYOTA GAS PEDALS W. Bowen, Jr., Special Inspector General, Iraq Re- Committee on Oversight and Government Reform: Held a construction, Office of the Special Inspector General, hearing entitled ‘‘Toyota Gas Pedals: Is the Public Iraq Reconstruction. At Risk?’’ Testimony was heard from Raymond H. RECENT FBI INSPECTOR GENERAL LaHood, Secretary of Transportation; Joan REPORTS Claybrook, former Administrator, National Highway Committee on the Judiciary: Subcommittee on Crime, Traffic Safety Administration; the following officials Terrorism, and Homeland Security held an oversight of Toyota Motor Corporation: Akio Toyoda, Presi- hearing on Recent Inspector General Reports Con- dent and CEO; and Yoshimi Inaba, President and cerning the FBI. Testimony was heard from the fol- CEO, Toyota Motor North America, Inc., and public lowing officials of the Department of Justice: Glenn witnesses. A. Fine, Office of the Inspector General; Margaret CENSUS MEDIA PLAN Gulotta, Section Chief, Language Services Section, Directorate of Intelligence, FBI; and Jennifer Shasky Committee on Oversight and Government Reform: Sub- Calvery, Senior Counsel to the Deputy Attorney committee on Information Policy, Census, and Na- General. tional Archives held a hearing entitled ‘‘The 2010 Census Communications Contract: The Media Plan MISCELLANEOUS MEASURES in Hard to Count Areas.’’ Testimony was heard from Committee on Natural Resources: Ordered reported the Robert Groves, Director, Bureau of the Census, De- following bills: H.R. 4003, amended, Hudson River partment of Commerce; and public witnesses.

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MILITARY SEXUAL ASSAULTS shall be in order to consider in the House S. 1494. Committee on Oversight and Government Reform: Sub- The rule waives all points of order against the Senate committee on National Security and Foreign Affairs bill and against its consideration. The rule provides continued hearings entitled ‘‘ Sexual Assault in the that it shall be in order to move to strike all after Military: Are We Making Progress?’’ Testimony was the enacting clause of the Senate bill and to insert heard from the following officials of the GAO: Bren- in lieu thereof the provisions of H.R. 2701 as passed da S. Farrell, Director, Defense Capabilities and by the House. All points of order against that mo- Management; and Randolph Hite, Director, Informa- tion are waived. If the motion is adopted and the tion Technology and Architecture and Systems; the Senate bill, as amended, is passed, then it shall be following officials of the Department of Defense: in order to move that the House insist on its amend- Louis Isiello, Co-Chairman; and BG Sharon K.G. ment to S. 1494 and request a conference with the Dunbar, USAF, both with the Task Force on Sexual Senate. Assault in the Military Service; Kaye Whitely, Di- The rule waives clause 6(a) of rule XII (requiring rector, Sexual Assault Prevention and Response Of- a two-thirds vote to consider a rule on the same day fice, Office of the Secretary; and Gail McGinn, Dep- it is reported from the Rules Committee) against any uty Under Secretary (Plans); and a public witness. resolution reported from the Rules Committee through the legislative day of Friday, February 26, INTELLIGENCE AUTHORIZATION ACT FOR 2010. The rule authorizes the Speaker to entertain FISCAL YEAR 2010 motions that the House suspend the rules at any Committee on Rules: granted, by a non-record vote, a time through the legislative day of Friday, February structured rule providing for consideration of H.R. 26, 2010. The Speaker or her designee shall consult 2701, the ‘‘Intelligence Authorization Act for Fiscal with he Minority Leader or his designee on the des- Year 2010’’. The rule provides one hour of general ignation of any matter for consideration pursuant to debate equally divided and controlled by the chair this authority. Testimony was heard from Chairman and ranking minority member of the Permanent Se- Reyes and Representatives Hastings (FL), Kucinich, lect Committee on Intelligence. The rule waives all Walz, Thornberry, Inglis, and Kirk. points of order against consideration of the bill ex- RESEARCH AND DEVELOPMENT BUDGET cept those arising under clause 9 of rule XXI. PROPOSAL The rule provides that the amendment in the na- ture of a substitute recommended by the Permanent Committee on Science and Technology: Held a hearing on Select Committee on Intelligence now printed in the the Administration’s Fiscal Year 2011 Research and bill shall be considered as an original bill for the Development Budget Proposal. Testimony was heard purpose of amendment and shall be considered as from John Holdren, Assistant to the President for read. The rule waives all points of order against the Science and Technology and Director, Office of committee amendment in the nature of a substitute. Science and Technology Policy. The rule further makes in order only those BIOMEDICAL RESEARCH amendments printed in the report of the Committee Committee on Science and Technology: Subcommittee on on Rules. The amendments made in order may be Technology and Innovation held a hearing on How offered only in the order printed in the report, may Can NIST Better Serve the Needs of the Biomedical be offered only by a Member designated in the re- Research Community in the 21st Century? Testi- port, shall be considered as read, shall be debatable mony was heard from public witnesses. for the time specified in the report equally divided and controlled by the proponent and an opponent, AIRCRAFT ICING shall not be subject to amendment, and shall not be Committee on Transportation and Infrastructure: Sub- subject to a demand for division of the question. All committee on Aviation held a hearing on Aircraft points of order against the amendments made in Icing. Testimony was heard from John Hickey, Dep- order are waived except those arising under clause 9 uty Associate Administrator, Aviation Safety, FAA, or 10 of rule XXI. Department of Transportation; Deborah A.P. The rule provides one motion to recommit with Hersman, Chairman, National Transportation Safety or without instructions. The rule provides that the Board; Gerald Dillingham, Director, Physical Infra- Chair may entertain a motion that the Committee structure Issues, GAO; and public witnesses. rise only if offered by the chair of the Permanent Se- lect Committee on Intelligence or a designee. The MEDICATIONS AND VETERAN SUICIDE rule provides that the Chair may not entertain a mo- Committee on Veterans’ Affairs: Held a hearing Explor- tion to strike out the enacting words of the bill. The ing the Relationship between Medication and Vet- rule provides that after passage of H.R. 2701, it eran Suicide. Testimony was heard from Ira Katz,

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Committee on Veterans Affairs: Subcommittee on Dis- Committee on the Judiciary: business meeting to consider ability Assistance and Memorial Affairs held a hear- S. 1789, to restore fairness to Federal cocaine sentencing, S. 1132, to amend title 18, United States Code, to im- ing Examination of the VA Benefits Delivery at Dis- prove the provisions relating to the carrying of concealed charge and Quick Start Programs. Testimony was weapons by law enforcement officers, S. 2772, to establish heard from Daniel Bertoni, Director, Education a criminal justice reinvestment grant program to help Workforce, and Income Security Issues, GAO; Noel States and local jurisdictions reduce spending on correc- Koch, Deputy Under Secretary, Office of Wounded tions, control growth in the prison and jail populations, Warrior Care and Transition Policy, Department of and increase public safety, H.R. 1741, to require the At- Defense; Diana Rubens, Associate Deputy Under torney General to make competitive grants to eligible Secretary, Field Operations, Veterans Benefits Ad- State, tribal, and local governments to establish and ministration, Department of Veterans Affairs; and maintain certain protection and witness assistance pro- representatives of veterans organizations. grams, S. 1624, to amend title 11 of the United States Code, to provide protection for medical debt homeowners, BRIEFING—GOOGLE HACKING INCIDENT to restore bankruptcy protections for individuals experi- Permanent Select Committee on Intelligence: Met in execu- encing economic distress as caregivers to ill, injured, or tive session to receive a briefing on the Google disabled family members, and to exempt from means Hacking Incident. The Committee was briefed by testing debtors whose financial problems were caused by departmental witnesses. serious medical problems, S. 1765, to amend the Hate Crime Statistics Act to include crimes against the home- less, S. 1554, to amend the Juvenile Justice and Delin- Joint Meetings quency Prevention Act of 1974 to prevent later delin- No joint committee meetings were held. quency and improve the health and well-being of mal- f treated infants and toddlers through the development of local Court Teams for Maltreated Infants and Toddlers COMMITTEE MEETINGS FOR THURSDAY, and the creation of a National Court Teams Resource FEBRUARY 25, 2010 Center to assist such Court Teams, and the nominations of Dawn Elizabeth Johnsen, of Indiana, to be an Assistant (Committee meetings are open unless otherwise indicated) Attorney General, William Joseph Hochul, Jr., to be United States Attorney for the Western District of New Senate York, and Sally Quillian Yates, to be United States At- torney for the Northern District of Georgia, all of the Committee on Armed Services: to hold hearings to examine Department of Justice, and Gloria M. Navarro, to be the Department of the Navy in review of the Defense Au- United States District Judge for the District of Nevada, thorization request for fiscal year 2011 and the Future Audrey Goldstein Fleissig, to be United States District Years Defense Program; with the possibility of a closed session in SVC–217 following the open session, 9:30 Judge for the Eastern District of Missouri, Lucy Haeran a.m., SD–G50. Koh, to be United States District Judge for the Northern Committee on Banking, Housing, and Urban Affairs: to District of California, Jon E. DeGuilio, to be United hold hearings to examine the semiannual Monetary Policy States District Judge for the Northern District of Indiana, Report to the Congress, 9 a.m., SD–538. and Jane E. Magnus-Stinson and Tanya Walton Pratt, Committee on Commerce, Science, and Transportation: Sub- both to be United States District Judge for the Southern committee on Aviation Operations, Safety, and Security, District of Indiana, 10 a.m., SD–226. to hold hearings to examine aviation safety, focusing on Committee on Small Business and Entrepreneurship: business one year after the crash of flight 3407, 9:30 a.m., meeting to consider S. 2989, to improve the Small Busi- SR–253. ness Act, 10 a.m., SR–485. Committee on Energy and Natural Resources: Subcommittee Select Committee on Intelligence: to hold closed hearings to on Water and Power, to hold an oversight hearing to ex- consider certain intelligence matters, 2:30 p.m., SH–219. amine the science and policy behind the Federal frame- work and non-Federal efforts to prevent introduction of House the aquatic invasive Asian carp into the Great Lakes, Committee on Appropriations, Subcommittee on Defense, 10:30 a.m., SD–366. executive, on Fort Hood, 2 p.m., H–140 Capitol.

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Subcommittee on Homeland Security, on Fiscal Year tive Foundation to establish a commemorative work on 2011 Budget for the Department of Homeland Security, Federal land in the District of Columbia to commemorate 10 a.m., 2359 Rayburn, and on Biosurveillance: Smart the enactment of the Fair Housing Act of 1968; H.R. Investments for Early Warning, 2 p.m., 2362–B Ray- 4438, San Antonio Missions National Historical Park burn. Leasing and Boundary Expansion Act of 2010; H.R. Subcommittee on Interior, Environment, and Related 4491, Buffalo Soldiers in the National Parks Study Act; Agencies, on Restoring America’s Forests and Head- and H.R. 4524, Blue Ridge Parkway Protection Act, 10 waters: Fiscal Year 2011 Budget for U.S. Forest Service, a.m., 1334 Longworth. 9:30 a.m., B–308 Rayburn. Committee on Oversight and Government Reform, Sub- Subcommittee State, Foreign Operations and Related committee on Domestic Policy, hearing entitled ‘‘Fore- Programs, on Fiscal Year 2011 Budget for the Depart- closures Continue: What Needs to Change in the Admin- ment of State, 1 p.m., 2359 Rayburn. istration’s Response,’’ 2 p.m., 2154 Rayburn. Committee on Armed Services, hearing on Fiscal Year 2011 Committee on Science and Technology, hearing on NASA’s National Defense Authorization Budget Request from the Fiscal Year 2011 Budget Request and Issues, 10 a.m., Department of the Army, 10 a.m., 2118 Rayburn. 2318 Rayburn. Defense Acquisition Reform Panel, hearing on expert Committee on Transportation and Infrastructure, Sub- perspectives on managing the defense acquisition system committee on Coast Guard and Maritime Transportation, and the defense acquisition workforce, 8 a.m., 2261 Ray- hearing on Fiscal Year 2011 Budget for the Coast Guard, burn. the Maritime Administration and the Federal Maritime Subcommittee on Terrorism, Unconventional Threats Commission, 10 a.m., 2167 Rayburn. and Capabilities, hearing on private sector perspectives on Subcommittee on Economic Development, Public Department of Defense information technology and cy- Buildings and Emergency Management, hearing on EDA: bersecurity activities, 2 p.m., 2118 Rayburn. Lessons Learned From the Recovery Act and New Plans Committee on the Budget, hearing on the Department of to Strengthen Economic Development, 2 p.m., 2167 Ray- Education Fiscal Year 2011 Budget, 10 a.m., 210 Can- burn. non. Committee on Veterans’ Affairs, Subcommittee on Eco- Committee on Energy and Commerce, Subcommittee on En- nomic Opportunity, hearing on the following bills: H.R. ergy and Environment, hearing entitled ‘‘Endocrine Dis- 3257, Military Family Leave Act of 2009; H.R. 3484, To rupting Chemicals in Drinking Water: Risks to Human amend title 38, United States Code, to extend the author- Health and the Environment,’’ 9:30 a.m., 2322 Rayburn. ity for certain qualifying work-study activities for pur- Committee on Financial Services, hearing entitled ‘‘Com- poses of the educational assistance programs of the De- pensation in the Financial Industry-Government Perspec- partment of Veterans Affairs; H.R. 3579, To amend title tives,’’ 2 p.m., 2128 Rayburn. 38, United States Code, to provide for an increase in the Committee on Foreign Affairs, hearing on Promoting Se- amount of the reporting fees payable to educational insti- curity through Diplomacy and Development: The Fiscal tutions that enroll veterans receiving educational assist- Year 2011 International Affairs Budget, 9:30 a.m., 2172 ance from the Department of Veterans Affairs; H.R. Rayburn. 3813, Veterans Training Act; H.R. 3948, Test Prep for Committee on Homeland Security, hearing entitled ‘‘The Heros Act; H.R. 3976, Helping Heroes Keep Their President’s Fiscal Year 2011 Budget Request for the De- Homes Act of 2009; H.R. 4079, To amend title 38, partment of Homeland Security,’’ 2 p.m., 311 Cannon. United States Code, to temporarily remove the require- Committee on the Judiciary, hearing on Competition in ment for employers to increase wages for veterans enrolled the Media and Entertainment Distribution Market, 10 in on-the-job training programs; H.R. 4203, To amend a.m., 2141 Rayburn. title 38, United States Code, to direct the Secretary of Committee on Natural Resources, Subcommittee on Insular Veterans Affairs to provide veterans certain educational Affairs, Oceans and Wildlife, hearing on the following assistance payments through direct deposit; H.R. 4359, bills: H.R. 3511, Marianas Trench Marine National WARMER Act; H.R. 4469, To amend the Monument Visitor Facility Authorization Act of 2009; Servicemembers Civil Relief Act to provide for protection and H.R. 4493, Bonitan Tasi, 10 a.m., 1324 Longworth. of child custody arrangements for parents who are mem- Subcommittee on National Parks, Forests and Public bers of the Armed Forces deployed in support of a contin- Lands, hearing on the following bills: H.R. 2100, To gency operation; and H.R. 4592, To provide for the es- provide for the conveyance of certain public lands in Mo- tablishment of a pilot program to encourage the employ- have Valley, Mohave County, Arizona, administered by ment of veterans in energy-related positions, 2 p.m., 334 the Bureau of Land Management to the Arizona Game Cannon. and Fish Department, for use as a public shooting range; Permanent Select Committee on Intelligence, executive, brief- H.R. 3425, To authorize the Fair Housing Commemora- ing on Cyber Security Defense, 9 a.m., 304–HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 25 10 a.m., Thursday, February 25

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 2701— ation of the motion to concur in the amendment of the Intelligence Authorization Act for Fiscal Year 2010 (Sub- House of Representatives to the amendment of the Senate ject to a Rule). to H.R. 1299, United States Capitol Police Administra- tive Technical Corrections Act.

Extensions of Remarks, as inserted in this issue

HOUSE Halvorson, Deborah L., Ill., E231 Norton, Eleanor Holmes, D.C., E223 Higgins, Brian, N.Y., E219 Oberstar, James L., Minn., E231 Alexander, Rodney, La., E227 Israel, Steve, N.Y., E220, E221, E221, E222, E223, E224, Ortiz, Solomon P., Tex., E223 Barrow, John, Ga., E230 E224, E225, E225, E226 Peters, Gary C., Mich., E224 Brown-Waite, Ginny, Fla., E224 Jordan, Jim, Ohio, E225 Quigley, Mike, Ill., E222, E224 Capps, Lois, Calif., E225 Langevin, James R., R.I., E221 Radanovich, George, Calif., E220, E225, E228, E232 Coffman, Mike, Colo., E230 Latham, Tom, Iowa, E226 Rangel, Charles B., N.Y., E228 Connolly, Gerald E., Va., E227 Mack, Connie, Fla., E227 Sa´ nchez, Linda T., Calif., E229 Conyers, John, Jr., Mich., E221, E230 Matsui, Doris O., Calif., E226 Schiff, Adam B., Calif., E229, E232 Davis, Susan A., Calif., E229 Michaud, Michael H., Me., E220 Smith, Adam, Wash., E219, E225 DeLauro, Rosa L., Conn., E222 Miller, George, Calif., E232 Thompson, Mike, Calif., E220 Giffords, Gabrielle, Ariz., E221 Miller, Jeff, Fla., E219, E220 Wamp, Zach, Tenn., E229 Grayson, Alan, Fla., E233 Moran, James P., Va., E222 Wolf, Frank R., Va., E219, E230 Griffith, Parker, Ala., E230 Nadler, Jerrold, N.Y., E222 Young, C.W. Bill, Fla., E226

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