Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

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

Vol. 155 WASHINGTON, THURSDAY, JUNE 11, 2009 No. 87 House of Representatives The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER labor protections for those who have The Chaplain, the Reverend Daniel P. PRO TEMPORE been abused and mistreated for decades Coughlin, offered the following prayer: The SPEAKER pro tempore. The in California’s pastures of plenty. We confess, Lord God Almighty, that Chair will entertain up to 10 requests Jack Henning ended his farewell we often accept countless blessings in for 1-minute speeches on each side of speech from the California Labor Fed- life and forget to give You thanks. the aisle. eration in 1996 with, And if by a suspen- Faithfully surrounded with the support sion of the laws of nature I were young f of family and friends, we do not always again, I would follow no other course, remember to be grateful. We enjoy food REMEMBERING JOHN HENNING no other flag, but the flag of America on our tables and cherish freedom, yet (Ms. PELOSI asked and was given and the flag of labor. The labor move- we can easily neglect those around this permission to address the House for 1 ment was blessed to have him as a land and other parts of the world who minute.) leader. have neither. Ms. PELOSI. Madam Speaker, I rise As distinguished as he was on behalf Fulfilling our daily duties and re- today to pay tribute to a leader for of workers, Jack made many other con- sponsibilities on Capitol Hill can make working men and women, a distin- tributions to his State and this Nation such a difference in this world and pro- guished diplomat and a great American for which we are all grateful. Before vide a sense of personal satisfaction be- John Henning, known to us as Jack, taking the presidency of the California cause each day grants us great oppor- who passed away on June 4, 2009. Jack Federation of Labor, Jack served Presi- tunities. Remind us, ever-present God, Henning will be long remembered for dents Kennedy and Johnson as Under to be grateful and gracious. Help us to his distinguished career on the front Secretary of Labor and was appointed find ways to show our appreciation by lines of the labor movement, fighting by President Johnson as Ambassador sharing our many blessings with others passionately for justice, equality, to New Zealand in 1967. Jack was also and never forgetting to offer thanks- human rights and jobs in California, a distinguished regent at the Univer- giving to You each day for every day. across America and throughout the sity of California for a dozen years dur- Amen. world. ing which he helped lead the fight for A native San Franciscan, Jack began expanded opportunities for minority f his career working for the Association students and demanded that the uni- of Catholic Unionists. He joined his versity divest its investments in apart- THE JOURNAL first union, the United Federal Work- heid South Africa. That divestment ers of the CIO, after graduation from initiative helped bring about the peace- The SPEAKER. The Chair has exam- college. Jack served for decades as a ful end of apartheid and the new day of ined the Journal of the last day’s pro- dedicated leader of working people, ris- majority rule in South Africa. ceedings and announces to the House ing to be the president of the California We will all miss Jack greatly, but her approval thereof. Labor Federation. In that role, Jack none more than his sons Brian, Daniel, Pursuant to clause 1, rule I, the Jour- represented millions of California’s John Jr., Patrick and Thomas; his nal stands approved. workers with great distinction. Not daughters Mary and Nancy; his 12 only union members, but millions of grandchildren and his great-grand- f Americans who never belonged to a children. We also remember his beloved union enjoy better wages, safer work- wife Betty, who preceded him in death. PLEDGE OF ALLEGIANCE places, greater rights and more secure I hope it is a comfort to his family that The SPEAKER pro tempore (Mrs. retirements because of the battles so many people mourn their loss and TAUSCHER). Will the gentlewoman from waged by union leaders such as Jack are praying for them at this sad time. Massachusetts (Ms. TSONGAS) come for- Henning. Jack Henning was a proud American, ward and lead the House in the Pledge Jack was a close ally of legendary a devout Catholic, passionate about his of Allegiance. farm worker organizers Cesar Chavez Irish roots and a great friend and men- Ms. TSONGAS led the Pledge of Alle- and Dolores Huerta. He cited among tor to many of us. Mr. Speaker, I join giance as follows: his proudest accomplishments the pas- Jack Henning’s family, friends and I pledge allegiance to the Flag of the sage in 1975 of the landmark Agricul- workers worldwide to honor his legacy, United States of America, and to the Repub- tural Labor Relations Act, which our celebrate his life and remember his il- lic for which it stands, one nation under God, colleague Mr. HOWARD BERMAN was so lustrious contributions to the State of indivisible, with liberty and justice for all. much a part of, and provided tough California and to our great Nation.

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 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.000 H11JNPT1 jbell on PROD1PC69 with HOUSE H6542 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Later today, thousands of people will ance at the expense of the taxpayers. It us to a clean, sustainable energy fu- gather in California to do just that, will take time to rebuild our con- ture. celebrate his life and pay tribute to tractor oversight capabilities, but I ask f him. my colleagues to join me in this bill. THE REPUBLICAN ANSWER TO THE f f ENERGY CHALLENGES WE FACE PROTECTING PRIVATE HEALTH CLEAN ENERGY—NUCLEAR POWER (Mr. PENCE asked and was given per- INSURANCE (Mr. POE of Texas asked and was mission to address the House for 1 (Mr. SAM JOHNSON of Texas asked given permission to address the House minute and to revise and extend his re- and was given permission to address for 1 minute.) marks.) the House for 1 minute and to revise Mr. POE of Texas. Madam Speaker, Mr. PENCE. The American economy and extend his remarks.). many countries, including China and is hurting. Gasoline prices are on the Mr. SAM JOHNSON of Texas. Many European nations, are continuing to rise. Utility rates threaten to go high- Americans don’t have access to afford- move to clean energy, such as nuclear er, imposing even greater hardship on able health care, and we can and need power. The United States, the nuclear working families. The American people to do better for all Americans. I sup- power pioneer, lags far behind in the are looking for answers in these times port a system that gives Americans development of new generating plants. to the challenges we face in energy. more affordable health care choices so The United States could and should The Democrat answer you have just they can pick the coverage that best move to the licensing and development heard is a national energy tax that will fits their needs. The core part of the of more nuclear power plants. lead to higher energy prices and mas- Democrat proposal is a new govern- Nuclear power is an efficient and a sive job losses for the American people. ment-run program that will not only cheaper way of providing clean energy The President said it best a year ago put bureaucrats between you and your to America’s manufacturing sector. We when he said, if the cap-and-trade plan doctor but would force more than 100 should streamline the long cum- were to pass, utility rates—his words million people, Americans, out of the bersome process of power plant appli- now—would, quote, necessarily sky- health coverage they currently receive cations that use safe reactor designs, rocket. through their jobs. designs that have already been ap- Some estimates suggest job losses be- We need a plan that really does let proved by the Nuclear Regulatory tween 1.8 and 7 million. Well, Repub- Americans who like their health care Commission. licans have a better plan, the American coverage keep it, a plan that doesn’t Progress, safety and costs have ad- Energy Act. It’s an all-of-the-above add new taxes or new mandates or vanced to a state that America can plan that offers energy independence, drive up costs or drive people out of safely store spent nuclear fuel rods and more jobs and a cleaner environment health care. We must give all Ameri- also recycle fuel. One of America’s without imposing a national energy cans the freedom to choose their health most impressive plants is the North tax. Our energy solution focuses on plan, not force them into a govern- Anna Nuclear Station here in nearby more domestic exploration for oil and ment-run, one-size-fits-all plan. Pri- Virginia. Nuclear power is responsible natural gas, a renewed commitment to vate plans are great. Let’s protect for 20 percent of our energy, but in build 100 nuclear power plants in the them. France 80 percent of their energy next 20 years, investments in renew- f comes from nuclear energy. Nuclear ables, alternative energy technologies power will keep jobs in America and and creating incentives for conserva- INTRODUCTION OF THE SAFETY IN help free us from the shackles of for- tion. You can read all about it on the DEFENSE CONTRACTING ACT OF eign control of our energy. editorial page of the Wall Street Jour- 2009 And that’s just the way it is. nal today. (Ms. SHEA-PORTER asked and was f The American people want energy given permission to address the House independence and a cleaner environ- OUR CLEAN AND SUSTAINABLE for 1 minute.) ment without a national energy tax. ENERGY FUTURE Ms. SHEA-PORTER. Madam Speak- The American Energy Act offered by er, today I am introducing the Safety (Ms. TSONGAS asked and was given House Republicans is the answer the in Defense Contracting Act of 2009. permission to address the House for 1 American people are looking for. When our servicemembers or civilian minute.) f personnel put their lives at risk while Ms. TSONGAS. Madam Speaker, deployed overseas, they should not global warming is no longer an aca- EXPRESSING OUTRAGE FOR THE have to worry about the safety of their demic question for scientists to ponder. MURDER OF OFFICER STEPHEN living and working quarters. Unfortu- It’s a very real crisis that requires our T. JOHNS nately, due to shoddy contractor work, leadership. This is not a political issue. (Ms. JACKSON-LEE of Texas asked they do. American personnel have been This is a critical generational responsi- and was given permission to address injured or killed by electric shocks. bility that will take a commitment the House for 1 minute.) That same deficient work has resulted from Congress and from every person Ms. JACKSON-LEE of Texas. Madam in hundreds of fires, one which de- in our society. We have a real oppor- Speaker, as an advisory board member stroyed the largest dining hall in Iraq. tunity this year to prove our commit- of the Holocaust Museum of Houston, I Gross negligence by contractors is un- ment by voting for H.R. 2454, the Amer- rise with a deep sense of sympathy and acceptable. ican Energy and Security Act. outrage for the terrible tragic incident That is why I am introducing the The renewable technologies to reduce that happened, as The Washington Post Safety in Defense Contracting Act to greenhouse gas emissions exist. The so- reported, at a monument of sorrow and protect our military and civilian per- cietal will and desire to go clean have also a standing edifice for peace. sonnel by debarring grossly negligent been demonstrated, and the political I offer my deepest sympathy to the or reckless defense contractors found climate to finally create sound public family of Security Officer Stephen T. guilty of causing death or injury to our policy is now present. The cost of inac- Johns. As a believer and an advocate of personnel. Such contractors do not de- tion on this critical challenge is unac- our Constitution and our First Amend- serve further government contracts ceptable and the price too high. A re- ment rights, I stand here in outrage to worth millions of dollars for percent study concluded that unchecked express my opposition to the idea that forming the same work. effects of climate change could result protected speech equals protected vio- To make matters worse, defense con- in a cost of $271 billion per year by 2025. lence. This was a dastardly act, and we tractors who are guilty of dangerously Failure to act is intolerable when con- don’t know how many other targets deficient work have been receiving sidering the economic and job creation this hateful-minded person might have award and incentive fees. My bill de- opportunities a clean energy economy been engaged in. nies them these fees. They should no presents. The American Energy and Se- We must continue to stand against longer be rewarded for poor perform- curity Act provides a path that leads hate. We must continue to promote the

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.001 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6543 passage of the hate crimes legislation; cans with insurance, stability, will cost They don’t understand the America of but frankly, we must say to those who more, but about half of this cost can be tolerance and inclusion that we cele- we mourn, by putting forward a Holo- achieved by reforming the system, and brate and upon which we were founded. caust Museum, many across the Nation having the government pay the balance It also reminds me of the need to and in my town of Houston, that we will cost far less for business and peo- have a COPS bill passed to have more stand with them in solidarity. ple with insurance over the next 10 protection, and the cops that were ap- To my good friend Peter Berkowitz years than business as usual. proved in the ARRA protect our soci- and Fred Zeidman, who chairs the Hol- With a President who gets it, a Con- ety from these types of attacks. ocaust Museum here in Washington, a gress listening to what the people want Yesterday there was to be a play Houstonian, you have my deepest sym- and a public plan to keep the system debuted at the Holocaust Museum by pathy, my respect, and I stand in soli- honest, it means that there won’t be a Janet Langhart Cohen, wife of former darity with you. cover story 50 years from now about Secretary of Defense Bill Cohen, about f American medicine still in crisis. an imaginary conversation between Emmett Till and Anne Frank. It will b 1015 f debut on Friday at George Washington A LACK OF BIPARTISANSHIP IN PAYING TRIBUTE TO THE STATE University and talk about tolerance HEALTH CARE REFORM CHAMPION NEEDVILLE BLUE and peace and the results of hate. JAYS GIRLS HIGH SCHOOL SOFT- (Ms. GINNY BROWN-WAITE of Flor- BALL TEAM ida asked and was given permission to f (Mr. OLSON asked and was given per- address the House for 1 minute and to SUPPORT AN ALL-OF-THE-ABOVE mission to revise and extend his re- revise and extend her remarks.) ENERGY PLAN Ms. GINNY BROWN-WAITE of Flor- marks.) (Mr. BROWN of South Carolina asked ida. Madam Speaker, an overhaul of Mr. OLSON. Madam Speaker, I rise and was given permission to revise and our Nation’s health care system is today to pay tribute to the Needville extend his remarks.) under way, and I am glad that people Blue Jays, who defeated the Celina Mr. BROWN of South Carolina. in my district are engaged in this crit- Bobcats 3–1 at McCombs Field in Aus- Madam Speaker, for years my Repub- ical issue. Unfortunately, the Demo- tin to win the Texas class 3A girls high lican colleagues and I have focused on crats have shared very few details of school championship last week. implementing an all-of-the-above en- the plan, except that there will be a The Blue Jays played their hearts ergy plan to cut the ties of foreign oil public plan, which I have to tell you out and have made all Texas proud. and create affordable American energy. most people are frightened of. Only 3 years ago, six members of the However, the Democrat cap-and-tax While I realize that we are in the mi- Needville team played in the 2006 Jun- plan will actually serve as a national nority party, I still have nearly 1 mil- ior Softball World Series, where they energy tax, resulting in fewer jobs and lion constituents to represent, includ- finished third overall. This State more government control. ing more Medicare beneficiaries than championship victory was the result of More than $3,100 will be added to the any other Member of Congress. My Re- exceptional teamwork and years of annual energy costs of American fami- publican colleagues and I have made practice and dedication. lies, a financial hardship that will numerous attempts to reach across the The Blue Jays’ defense was superb in greatly impact the poor, who spend a aisle to share our ideas on how to im- the finals. Celina had five hits, but large part of their income on energy. prove the health care system and make Needville made no errors and kept the These taxes will directly impact farm- it more affordable. So we are drafting Bobcats’ base runners in check. ers in South Carolina as everyday costs our own bill. I would also like to compliment the of fuel and fertilizer become too expen- When President Obama invites Mem- coach of the Blue Jays, C.J. Mazac. The sive for them to afford. bers of Congress to the White House to best teams are always the result of ex- Additionally, our State’s clean-en- craft health care bills, he invites only ceptional coaching, and Coach Mazac ergy production will be excessively Democrats. He has met with industry has clearly inspired and motivated his taxed, forcing companies to move to representatives but never with Repub- players. countries with less stringent stand- licans. Recently, the President sent a I would like to send a big congratula- ards, resulting in little progress to- letter saying he expects a bureau- tions to the graduating seniors, and I wards protecting our environment. The cratic-run health system to be included would also like to recognize all of the relocation of these businesses could rein the final option, but again, he sent team members who made this victory sult in the loss of up to 7 million jobs, the letter only to Democrats. Hardly a possible. Great job to each of you. increasing unemployment and placing gesture of bipartisanship. The Blue Jays’ final record for the further economic strains on the Amer- season was an impressive 34–8. All resi- f ican families, all for a policy that dents of Needville and Fort Bend Coun- THE NEED FOR PASSING HATE won’t even achieve its initial goal of ty, Texas, are extremely proud of our CRIMES LEGISLATION reducing carbon emissions. Blue Jays, and I extend my congratula- Americans are sick of this energy tions to these talented young athletes. (Mr. COHEN asked and was given permission to address the House for 1 roller coaster. I encourage my col- f minute.) leagues to support an all-of-the-above SOLVING THE CRISIS IN Mr. COHEN. Madam Speaker, like energy plan that will not tax us to AMERICAN MEDICINE Representative JACKSON-Lee before me, death. (Mr. BLUMENAUER asked and was I was shocked at hearing of the shoot- f given permission to address the House ing at the Holocaust Museum yester- COMMENDING HODGDON YACHTS for 1 minute.) day. Indeed, it is a place of special rev- Mr. BLUMENAUER. Forty-nine erence and a place where you wouldn’t OF EAST BOOTHBAY, MAINE years ago, the 1960 October Harpers think violence would occur, but de- (Ms. PINGREE of Maine asked and Magazine cover story was ‘‘The Crisis ranged minds do deranged things, and was given permission to revise and ex- in American Medicine.’’ Well, we are the man who did the shooting had a tend her remarks.) still in crisis, but change is in the air. history of hate towards African Ameri- Ms. PINGREE of Maine. Madam The facts are clear: High costs, more cans and toward Jews and toward our Speaker, I want to talk to you this procedures, tests, and hospitalization government, it appears, even though he morning about Hodgdon Yachts of East is not better care; it is a symptom of served in our Armed Forces. Boothbay, Maine. Hodgdon Brothers poor care. Every major Nation spends It reminds me of the need for passing opened for business in 1816 and is the less, and most have better outcomes hate crimes legislation because hate oldest continually operated shipyard in than the United States. today still exists in people’s hearts, the United States. Tim Hodgdon is a Getting 50 million Americans health and when people hate any group, they fifth-generation boat builder, con- insurance and giving the rest of Ameri- generally hate all different minorities. tinuing a long and proud tradition.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.033 H11JNPT1 jbell on PROD1PC69 with HOUSE H6544 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Hodgdon has taken Maine’s tradition lent service to our community, led his The cost of health care affects every of world-class craftsmanship and com- final city council meeting on Tuesday business and every family in this coun- bined it with new technology and ad- night. I also want to thank Jack Clark, try. It is one of the leading drivers of vances in composites to build their who has served not only as a Henderson our long-term deficit, it makes our business and create good paying, sus- council member for the past 16 years, businesses less globally competitive, tainable jobs in our State. but also as a member of the Las Vegas and it adds uncertainty to millions of For example, in the small town of Metropolitan Police Department. American families who are one acci- Richmond, Maine, Hodgdon has created Jim Gibson guided Henderson during dent, illness or job loss away from los- a facility to build boat interiors. Be- a critical time in its history when it ing everything. And while we debate tween 60 and 70 new jobs have been cre- experienced unprecedented growth. how best to fix what doesn’t work in ated there in the last 6 months alone, Under his leadership, the city met the our health care system, we must pre- and Hodgdon believes they can double challenges and the opportunities that serve what works and build upon the the size of that operation in the next growth brings. best aspects of our uniquely American year. Mayor Gibson provided a vision and a system. And just this week, Hodgdon was plan for the city that promoted devel- We will spend the summer debating given a Maine Technology Institute opment while also preserving valuable the details of the plan, but one thing is grant for nearly $4 million to take the open space and recreation areas. In ad- certain: the American people will not first steps towards building a 30,000- dition, he was instrumental in bringing accept the status quo as health care square-foot facility that would create Nevada State College to Henderson. costs continue to skyrocket. ‘‘No’’ is As the City of Henderson turns a hundreds of more jobs building high- not an answer. page after more than a decade of lead- speed patrol boats of the future. f Hodgdon Yachts is just one example ership from these two outstanding pub- of the innovative companies doing lic servants, I want to congratulate our MEDIA GIVING PRESIDENT OBAMA business in Maine, aggressively using new mayor, Andy Hafen, and new City PASS ON ECONOMY new technology to create good, quality Councilwoman Kathleen Boutin. I look forward to working closely with them (Mr. SMITH of Texas asked and was jobs that can’t be exported. and wish them all the best in their new given permission to revise and extend f positions. his remarks.) CAP-AND-TRADE Mr. SMITH of Texas. Madam Speak- f er, the national media have given (Mr. PITTS asked and was given per- THE WAR SUPPLEMENTAL BILL President Obama a free pass on the mission to revise and extend his re- (Mr. COFFMAN of Colorado asked economy. Earlier this year, the Obama marks.) and was given permission to revise and administration said Congress needed to Mr. PITTS. Madam Speaker, in a extend his remarks.) pass the President’s stimulus package couple of weeks the House is going to Mr. COFFMAN of Colorado. Madam to keep the unemployment rate below 8 consider the cap-and-trade legislation Speaker, I rise today to share my con- percent. Since Congress has passed the that has enormous implications for our cerns about H.R. 2346, the war supple- President’s nonstimulus stimulus, the economy. This 926-page bill, as intro- mental bill. Our troops deserve nothing economy has lost more than 1.5 million duced and considered by the com- less than a clean war supplemental bill, jobs, and unemployment has jumped to mittee, has 50 pages on lightbulbs and free from unrelated spending. We must 9.4 percent. two sentences on nuclear power. give our troops the resources necessary Despite the massive layoffs, the Recently, I saw a Rasmussen poll of to ensure victory in Iraq and Afghani- President claimed this week that the likely voters that indicates 30 percent stan. stimulus has saved jobs. The national of likely voters have no idea what cap- I visited Iraq over the Memorial Day media have allowed the Obama admin- and-trade means. Twenty-nine percent recess, my first trip back since having istration to get away with spinning of them also thought it was some sort served there with the United States jobs lost as jobs saved, and the na- of Wall Street regulation, and 17 per- Marine Corps in al Anbar province. I tional media have continued to ignore cent thought it had to something to do cannot, with that trip still fresh in my the Congressional Budget Office’s con- with health care. Only 24 percent had memory, allow the needed support for clusion that the stimulus bill actually any idea of what it was. our troops to be used as the hook to would reduce output—reduce output. Cap-and-trade puts a cap or a limit carry unneeded and distasteful spend- The media should scrutinize the on greenhouse gas emissions, including ing. President’s words and actions, not give CO2, carbon dioxide. When you breath The bill now requires the United him a free pass. in, that is oxygen. When you breathe States to borrow money that we don’t f out, that is carbon dioxide, CO2. have to loan it to the International According to this legislation, CO2 is Monetary Fund. The International b 1030 pollution. According to the bill, if for- Monetary Fund can then loan this RESEARCH AND DEVELOPMENT eign countries don’t cap emissions, money to nations like Iran and Ven- their goods can be hit with tariffs ezuela. (Mr. TONKO asked and was given which they call ‘‘border adjustments.’’ Madam Speaker, it is inappropriate permission to address the House for 1 The loss of jobs that will go overseas as to use our troops to cram through over- minute and to revise and extend his re- a result of this bill is being called seas bailouts. I will vote against this marks.) ‘‘leakage.’’ and ask my colleagues to join me. Mr. TONKO. Madam Speaker, we make great strides towards solving our Breathing as pollution, border ad- f justments, leakage—this bill is a mas- future energy needs by focusing on a sive, bureaucratic, regulatory taxation BRINGING DOWN HEALTH CARE process that has been virtually ignored scheme on energy, linguistic obfusca- COSTS for the past 8 years, research and devel- tion to cover up the harmful impacts it (Mr. ALTMIRE asked and was given opment. Time and again, our economy will have on our economy. permission to address the House for 1 has been pushed forward by a spirit of f minute.) innovation. It has been pushed forward Mr. ALTMIRE. Madam Speaker, this by a spirit that a century ago ignited LEADERSHIP CHANGES IN week, both Houses of Congress put for- an energy revolution started right in HENDERSON, NEVADA ward the initial draft of a long-overdue the heart of the 21st Congressional Dis- (Ms. TITUS asked and was given per- effort to cut health care costs in this trict with General Electric. Less than mission to revise and extend her re- country. And while we still have to half a century ago, President Kennedy marks.) come to agreement on all the details, announced the space race in response Ms. TITUS. Madam Speaker, I rise there can be no doubt that the Amer- to Sputnik. We now have that oppor- today to recognize Henderson Mayor ican people expect us to act to bring tunity again. But when one considers Jim Gibson who, after 12 years of excel- down health care costs. the global context, it’s easy to see that

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.005 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6545 the United States is falling woefully nication from the Honorable JOHN A. The SPEAKER pro tempore. Pursu- behind. BOEHNER, Republican Leader: ant to clause 7 of rule XXII, the gen- The House of Representatives is con- HOUSE OF REPRESENTATIVES, tleman from California (Mr. LEWIS) and sidering the American Clean Energy CONGRESS OF THE UNITED STATES, the gentleman from Wisconsin (Mr. and Security Act, which would create Washington, DC, June 4, 2009. OBEY) each will control 30 minutes. millions of clean energy jobs, put Hon. NANCY PELOSI, The Chair recognizes the gentleman America on the path to energy inde- Speaker, U.S. Capitol, from California. pendence, and cut global warming pol- Washington, DC. Mr. LEWIS of California. Madam DEAR SPEAKER PELOSI: Pursuant to section lution. China is investing $12.6 million 4(b) of House Resolution 5, 111th Congress, I Speaker, I yield myself such time as I every hour towards clean energy. With am pleased to appoint the following Mem- might consume. this kind of deficit, we stand to lose bers to the House Democracy Assistance Madam Speaker, let me begin my re- our place in the world as it relates to Commission. marks by saying that I’m pleased that our energy security, and that is a fin- The Honorable David Dreier of California. until last week, we appeared to be fol- ished product we simply cannot afford The Honorable John Boozman of Arkansas. lowing regular order by actually hav- to import. The Honorable Jeff Fortenberry of Ne- ing an open meeting of House and Sen- braska. ate conferees. f The Honorable Judy Biggert of Illinois. The Honorable Bill Shuster of Pennsyl- As I and the vast majority of Repub- QUALITY HEALTH CARE licans have suggested several times COVERAGE vania. The Honorable Kay Granger of Texas. through this process, we want this (Mr. BLUNT asked and was given The Honorable Charles W. Boustany, Jr. of troop funding bill to be an up-and-down permission to address the House for 1 Louisiana. vote and, ideally, a bipartisan vote. minute and to revise and extend his re- The Honorable K. Michael Conaway of I want to commend my colleagues, marks.) Texas. Chairman OBEY and Chairman MURTHA, Mr. BLUNT. Madam Speaker, earlier The Honorable Vern Buchanan of Florida. for producing a bill that accurately re- this week I talked about the principles All Members have expressed interest in serving in this capacity and I am pleased to flected the real needs and priorities of that we need to follow for Americans fulfill their requests. the troops deployed in Iraq and Af- to have a better health care system. Sincerely, ghanistan. While the House-passed bill The first of those principles was to JOHN A. BOEHNER, wasn’t perfect, it did garner bipartisan make quality health care coverage af- Republican Leader. support, including that of 168 Repub- fordable and accessible for every Amer- f lican Members. ican, regardless of preexisting condi- Unfortunately, what I’m hearing and MOTION TO INSTRUCT CONFEREES tions. reading about, the final ‘‘deal’’ that ON H.R. 2346, SUPPLEMENTAL AP- Today I want to talk for a minute, was struck between Chairman OBEY PROPRIATIONS ACT, 2009 now less than a minute, about why we and Senator INOUYE leads me to believe need to protect our system from a gov- Mr. OBEY. Madam Speaker, I ask that the final package will not enjoy ernment-run health care alternative. unanimous consent to take from the the same bipartisan support. As re- What that alternative would do would Speaker’s table the bill (H.R. 2346) ported, the deal struck by the two Ap- eliminate coverage for more than 100 making supplemental appropriations propriations chairmen would do the million Americans who currently re- for the fiscal year ending September 30, following: ceive their coverage through their job. 2009, and for other purposes, with a First, cut over $4.6 billion from De- It would limit your choice of doctors Senate amendment thereto, disagree to fense and MilCon from the House- and medical treatment options, and it the Senate amendment, and agree to passed levels. would result in the Federal Govern- the conference asked by the Senate. Further, it would increase foreign opment taking control of health care. The Clerk read the title of the bill. erations funding by $5.2 billion over the Yesterday, the American Medical As- The SPEAKER pro tempore. Is there House-passed levels, and $2.6 billion sociation embraced all of those reasons objection to the request of the gen- over the Senate-passed bill. not to have a public option, not to have tleman from Wisconsin? Further, it would include $5 billion in a government-run option, not to have a There was no objection. funding for the IMF to secure a whop- government takeover of health care. Mr. LEWIS of California. Madam ping $108 billion of loans; in essence, f Speaker, I have a motion at the desk. the IMF would be funded at levels some The SPEAKER pro tempore. The APPOINTMENT OF MEMBERS TO $30 billion above the troop funding Clerk will report the motion. level. So we have troop funding, on the HOUSE DEMOCRACY ASSISTANCE The Clerk read as follows: COMMISSION one hand, that has been reduced, and Mr. Lewis of California moves that the we’ve got a sizable expansion of foreign The SPEAKER pro tempore. Pursu- managers on the part of the House at the aid. ant to section 4(b) of House Resolution conference on the disagreeing votes of the Further, the bill includes $1 billion of 5, 111th Congress, and the order of the two Houses on the Senate amendment to the new spending for what we have been House of January 6, 2009, the Chair an- bill H.R. 2346 be instructed as follows: (1) To agree, within the scope of con- calling ‘‘Cash for Clunkers’’ on the nounces the Speaker’s appointment of floor. That amount was not in the bill the following Members of the House to ference, to funding levels that will result in a total funding level in the conference report as it passed the House either. the House Democracy Assistance Com- that does not exceed the total funding level Now, let me shift gears and briefly mission: provided in the Senate amendment. explain the motion before us. It’s a Mr. PRICE, North Carolina, Chairman (2) To insist on the House funding levels straightforward motion that insists on Mrs. CAPPS, California for each account under title I of the House the House funding levels of $84.5 billion Mr. HOLT, New Jersey bill (related to defense matters). for the defense and military construc- Mr. SCHIFF, California (3) To insist on the House funding levels tion portions of the supplemental. Ms. SCHWARTZ, Pennsylvania for each account under chapter 9 of title II of Further, it also insists on the lower Mr. PAYNE, New Jersey the House bill (related to military construc- top line for overall funding levels of Mr. POMEROY, North Dakota tion). Mr. FARR, California (4) To recede to section 1305 of the Senate $91.3 billion contained in the Senate- Mr. ELLISON, Minnesota amendment (related to detainee photo- passed bill for the entire supplemental. Ms. HIRONO, Hawaii graphic records protection). Further, it requires the text of the (5) To not record their approval of the final Ms. ROYBAL-ALLARD, California conference agreement be available in conference agreement (within the meaning f an electronic, downloadable and of clause 12(a)(4) of House rule XXII) unless searchable form for 48 hours prior to the text of such agreement has been avail- COMMUNICATION FROM THE consideration by the House. This lan- REPUBLICAN LEADER able to the managers in an electronic, searchable, and downloadable form for at guage is identical to the motion unani- The SPEAKER pro tempore laid be- least 48 hours prior to the time described in mously adopted and subsequently ig- fore the House the following commu- such clause. nored by my friends in the majority

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.007 H11JNPT1 jbell on PROD1PC69 with HOUSE H6546 CONGRESSIONAL RECORD — HOUSE June 11, 2009 when considering our massive stimulus ation from, essentially, a military op- with this perspective: the connection bill. eration to a much more balanced oper- you have to the United States is what Finally, this motion insists on the ation, which includes much greater ef- determines your coverage under the Senate position regarding prohibition fort on the diplomatic side to extricate Constitution. That’s why someone on the release of detainee photos spon- ourselves from that war. That requires coming over the border illegally sored by Senators GRAHAM and money. It requires facilities. As many doesn’t have the right to all of the con- LIEBERMAN. military experts have said, you cannot stitutional protections because the Clearly, the focus of this supple- win this if you just deal with it mili- only connection to the United States is mental funding bill should be on the tarily. trying to get in illegally. troops, not IMF, not foreign aid fund- So, with that one point, I would sim- Here we have people sitting at Guan- ing, not Cash for Clunkers, or just ply say, Madam Speaker, that I would tanamo whose only connection to the using the emergency circumstances to reserve the balance of my time until United States is that we have reason to buy down fiscal year 2010 spending. the gentleman is ready to close. believe that they wanted to kill Ameri- Madam Speaker, I urge the adoption Mr. LEWIS of California. Madam cans anywhere in the world. So now of the motion. Speaker, I am pleased to recognize the what we’re saying is if we take them I reserve my time. gentleman from California, DAN LUN- from Guantanamo and put them in the Mr. OBEY. Madam Speaker, I yield GREN, for 4 minutes. United States, they have a connection myself 5 minutes. Mr. DANIEL E. LUNGREN of Cali- to the United States. They were Madam Speaker, I don’t particularly fornia. I thank my ranking member. brought here involuntarily. And the Madam Speaker, I rise in support of care how people vote on this motion. legal arguments that for years have this motion to instruct for the reasons Motions to instruct conferees are noto- presented a barrier from their obtain- articulated by the gentleman from rious, and they have been for many ing all constitutional rights, that bar- California. years, for simply being a device by rier is pulled down. which we either make political state- b 1045 So while this bill has language in it, ments around here or express first pref- But let me talk about another sub- this conference report, as it’s being erences. I don’t really have any objec- ject that is covered in this bill and one worked on, has language in it with re- tion to either. I think it’s a legitimate that is of extreme importance. It goes spect to Guantanamo, I don’t think we thing to do in a legislative body. to the question of how we handle those have focused in on what this means. I intend to vote ‘‘no’’ on the amend- who are at Guantanamo at the present Yes, there’s a concern about the threat ment, but I don’t have any problem time. they may pose to Americans, and that with any Member who decides that This issue has erupted around this arises out of the fact that some say, there are certain pieces of this motion country because people are beginning well, they could escape from the pris- that they would like to send a message to understand the ramifications of ons and then we’re told, oh, we’ve got to the conferees on. And so, as far as closing Guantanamo and bringing peo- these prisons they can’t escape from. I’m concerned, people can vote any way ple here to the United States whose But it is more than that. It is that they want. only connection to the United States is they may be released at the direction Mr. LEWIS of California. Would the that they were caught on the battle- of Federal judges, and the only reason gentleman yield? field with the intention of killing they would be released is that they Mr. OBEY. Sure. Americans. Now, why is it important somehow now have access to all of our Mr. LEWIS of California. In view of whether or not we keep Guantanamo constitutional rights. your delightful mood today, we could open or whether we bring these people So the American people need to un- probably bypass all this discussion and, to the United States? derstand that we may have a President as you’ve said, expedite the schedule. I We got a little bit of an insight into who says, no, we don’t want to release do want to recognize my friend, Mr. why it’s important by the report by a them. We have an Attorney General LUNGREN, but if you want to, you colleague of ours, Mr. ROGERS from who testified, no, we’re going to make know—— Michigan, who, when he was in Afghan- sure they’re not released based on ev- Mr. OBEY. I think that would be a istan recently and visited our base erything we do. very good idea. It would give us more there, went to the prison there where The SPEAKER pro tempore. The time to do our real work, which is to we are holding people who we actually time of the gentleman has expired. prepare for the conference this after- captured on the battlefield. He ob- Mr. LEWIS of California. Madam noon. served the fact that now we have FBI Speaker, I yield the gentleman another Mr. LEWIS of California. You’ve got agents Mirandizing, that is, giving Mi- 2 minutes. the floor, Mr. Chairman. randa rights statements to those we Mr. DANIEL E. LUNGREN of Cali- Mr. OBEY. I thank the gentleman for have found on the battlefield. fornia. The Attorney General can tes- his very wise comments. In other words, Madam Speaker, tify before our committee, as he did 2 Let me simply say that I don’t have what we have done is we have trans- weeks ago, that they’re going to take any objection to several provisions in posed the universe in which these peo- all steps to make sure people aren’t re- this motion. I do have to say one thing, ple are being detained from one of a leased in the United States who are however. The effect of this motion combat atmosphere to one of a crimi- suspected terrorists. They cannot would be to substantially increase the nal proceeding in the United States. promise that. Once they bring them to likely amount of money approved by Now, why is that important? It’s im- the United States and the judgment of the conference for the Defense Depart- portant because this is happening for the Federal courts is they are now ment, and to substantially reduce the the first time in the history of the under the protection of all constitu- amount of money provided for the United States. We did not do this, obvi- tional rights, we are no longer talking State Department. ously, during the Revolutionary War. about them as illegal enemy combat- I have always had difficulty under- We did not do it during any war we ants, who never before have gotten the standing why people are willing to fought, not the Civil War, not World protection of the Geneva Convention. spend hundreds of billions of dollars to War I, not World War II. If we had fol- The Geneva Convention, in part, says wage war but are resistant to spending lowed this same thinking in World War you will have these protections so long a tiny amount in comparison in order II, our courts would have been over- as you act under the laws that have to prevent war or to extricate our- whelmed. People forget we have had 2 been recognized for warfare. One of selves from war. In fact, the conference million POWs that we held during them is wear a uniform. One of them is report that is likely to come back will World War II, over 400,000 of them in don’t attack innocent civilians as a probably exceed the numbers in this the United States. Never was it particular strategy and tactic. motion for bringing State Department thought that they had all of the rights So what we’re doing is we’re turning personnel more immediately into Iraq, under the Constitution. it all upside down and we’re saying into Afghanistan and into Pakistan. But this question has basically been somehow we are protecting our values We are trying to convert that oper- treated by Federal courts in the past by doing something we have never done

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.009 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6547 before. We are jeopardizing the na- ferees providing for supplemental ap- gone back into combat, which is dis- tional security interests of the United propriations for ongoing operations in turbing. But we have had 500 prisoners States. We are putting Americans, in- Afghanistan and Iraq. move in and out. We have got about 240 nocent Americans, at risk by doing I support the portion of these in- left, and they’re the worst of the worst. this. structions that would require the Sec- These are folks who were basically Mr. LEWIS of California. Will the retary of Defense to certify if the re- caught in an act of war trying to kill gentleman yield? lease of photographs of detainees would American citizens. Mr. DANIEL E. LUNGREN of Cali- endanger citizens of the U.S. or mem- Our foreign allies, particularly those fornia. I will be happy to yield. bers of the armed services. We send our in Europe, who have given so much Mr. LEWIS of California. I very much soldiers, sailors, marines, and airmen criticism about closing Guantanamo appreciate the point that the gen- abroad to protect our security. We owe Bay, none of them have opened up their tleman is making. It’s an important it to them to make sure that we do not doors and said, hey, we’ll take these one. The issue, per se, has almost been do anything that puts them in needless Sunday school teachers and Boy denied by the other side when we had jeopardy. Scouts, because they know that they’re these discussions in committee and And I also strongly support the no- not Sunday school teachers and Boy otherwise. tion that we need to endorse the higher Scouts. So I think that not closing It should be known by your public House funding levels for defense and down Guantanamo Bay is the right and my public that four of these people military construction. Absolutely thing to do. But I also wanted to talk were released to Bermuda just this needed. If we are going to believe the about the points Mr. LUNGREN made morning, we’ve learned. Now, that’s a administration and congressional lead- about the Miranda rights of prisoners. British entity. But, indeed, what’s ership, this will be the last supple- Prior to 9/11, America generally next? Our territories? And indeed fur- mental bill to fund the needs of our sol- treated acts of terrorism as breaking ther, we know that Ghailani was sent diers in Iraq and, may I add, their mis- the law. Case in point: the 1993 bomb- to New York for trial. So these people, sion, those soldiers’ mission, expanded ing of the World Trade Center and the very dangerous people, could be in se- mission, in Afghanistan. Personally, I USS Cole. These were not seen as acts rial released in the United States. Madam Speaker, I would be glad to find that hard to believe. of war. Therefore, the perpetrators of yield the gentleman 1 additional This supplemental should not be con- those crimes got lawyers. They had Mi- minute. sidered in a vacuum. What should not randa rights. They had all the cour- Mr. DANIEL E. LUNGREN of Cali- be lost in all of this is that our Presi- tesies of the U.S. Government, the U.S. fornia. I appreciate that. dent is proposing a defense budget that justice system. That is not what we And here’s what people have to un- barely keeps up with inflation and spe- need to be doing right now. After 9/11 derstand. There is a difference between cifically contains a significant cut in we realized that these acts of terrorism holding someone to try them for war our ballistic missile program, at a time weren’t just tactical but strategic acts crimes or any other crime, and then when North Korea and Iran are testing of war, and therefore we have moved you do have them within a criminal their capabilities and, quite honestly, over to let’s treat soldiers as they are, justice system. In the past it’s been a testing our resolve. war criminals. military tribunal. Remember what And, lastly, Madam Speaker, I have Mr. LUNGREN had mentioned that the happened when Abraham Lincoln was concerns about the expanded spending assassins of Abraham Lincoln were assassinated. We established a military authority of the International Mone- tried by a military tribunal. It’s the tribunal here in the District of Colum- tary Fund, who would be eligible to tap same situation when President Roo- bia that actually tried those individ- that fund in terms of drawing rights. sevelt was President: we found six Nazi uals, and they were executed. That was And what’s more bizarre is that under spies on Long Island, and I believe five a military tribunal. For what? Mur- the recent agreements that we’ve been of them were actually executed, the dering a President of the United States reading about, the United States of sixth one cooperated, but it was all in time of war. Now what we are saying America now is eligible, shall we say, through a military tribunal. So what is is those rights were not sufficient. If like other Third World countries, to it that President Obama sees that that were to happen today, suddenly have its own drawing rights, which is President Lincoln and President Roo- we would say we have to do it now totally bizarre and inappropriate. sevelt and really all our entire U.S. ju- within the context of the full panoply Madam Speaker, our first responsi- dicial history, all the judges have of constitutional rights, and we are di- bility as Members is to protect our signed off on it? Why is it that sud- recting that by voluntarily saying constituents, including those in the denly we want to go over to Afghani- we’re going to close down Guantanamo. military. This motion to instruct helps stan and Iraq and give Miranda rights If anybody has looked at the prisons achieve that mission and other impor- to prisoners of war? and jail systems across the United tant missions. The SPEAKER pro tempore. The States and compared it with Guanta- Mr. OBEY. Madam Speaker, I reserve time of the gentleman has expired. namo, it is of the highest standard of the balance of my time. Mr. LEWIS of California. Madam any of our incarceration units there is. Mr. LEWIS of California. Madam Speaker, I am glad to yield the gen- Guantanamo happens to be a place that Speaker, I am pleased to yield 3 min- tleman 1 additional minute. is not sovereign American territory. utes to my colleague from the com- Mr. KINGSTON. I thank the chair- That’s the important distinction. mittee, JACK KINGSTON. man. I thank the gentleman for his time. Mr. KINGSTON. I thank the gen- Therefore, the first thing they’re Mr. LEWIS of California. Madam tleman for yielding. going to be trying to say is, I am not Speaker, it’s my intention to yield to Madam Speaker, I stand in support of going to say anything until you give Mr. FRELINGHUYSEN, but I would like to this amendment and certainly appre- me a lawyer. And then they’re going to make this point to the Speaker as well ciate the gentleman for introducing it. come home to America and they’re as to the Members: the words just spo- But I wanted to talk specifically about going to be all lawyered up. It’s going ken were the words of the former At- the Guantanamo Bay prison and why to cost taxpayers money. It’s going to torney General of California, DAN LUN- that’s important because I strongly be- hurt our investigations and interroga- GREN. I would suggest that all of us lieve that if we did not have it, we tions. We’re not going to be able to get read them with care in the CONGRES- would need to invent it. It is that im- the intelligence that we need, the SIONAL RECORD. portant to American security. Mr. LUN- background information that will pre- Madam Speaker, I am proud to yield GREN has talked about it a little bit. vent future terrorist attacks. 4 minutes to my colleague RODNEY We have had about 500 prisoners There was a lot of criticism by this FRELINGHUYSEN of New Jersey. there who have been processed and re- administration about the Bush-Cheney Mr. FRELINGHUYSEN. I thank the leased and sent back to their countries administration, but I will say one gentleman for yielding. either to be detained in their countries thing about it: during 9/11, and I think Madam Speaker, I rise in strong sup- or to be watched by host countries. those of us on the floor, most of us, port of the motion to instruct con- Twelve percent of those have actually were here then, we felt assured that we

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.010 H11JNPT1 jbell on PROD1PC69 with HOUSE H6548 CONGRESSIONAL RECORD — HOUSE June 11, 2009 would have another attack on Amer- Mr. LEWIS of California. Madam majority is wanting to give them ican soil. That did not happen. And I Speaker, I am pleased to yield 2 min- rights to which they’re not or should remember those dark days. We all felt utes to the gentleman from Texas (Mr. not be entitled. That is why Justice like there would be another domestic CONAWAY). Scalia said in his dissent, This opinion attack. That was prevented, in part, Mr. CONAWAY. Thank you. I appre- will cost American lives. That was a because of what we were able to find ciate that. bold statement by Scalia, but he is out from prisoners who were being held Madam Speaker, I want to speak right. We should not allow this to hurt and detainees at Guantanamo Bay. briefly about the narrow aspect of the American soldiers and American people So I wanted to make those points, motion to instruct that would require and put innocent lives at risk even Madam Speaker, and I thank the gen- us to recede to the Senate language in though it may get some applause over- tleman for yielding the floor. the Senate amendment that would re- seas from people who would not mind Mr. LEWIS of California. Madam strict access to the photographs of de- seeing America disappear. Speaker, I am proud to yield 3 minutes tainees that have been swept up in the I want to touch very quickly on the to my colleague from Missouri, ROY field of battle since 2001. These photo- photographs. We believe in America BLUNT. graphs are of a sensational nature. that guilty people should be punished b 1100 They will be used to spur actions by and that people who torture prisoners inhumanely have been punished and Mr. BLUNT. I thank the gentleman radical jihadists that will be dangerous to our troops. are being punished; but if those photo- for yielding. graphs are released, there will be blood Madam Speaker, I certainly want to If you will remember back recently, on this administration’s hands for pun- talk about the comments that have al- there was a cartoon that was very dis- ishing innocent soldiers who had noth- ready been made on Guantanamo. It’s a respectful to Mohammed. The reaction ing to do with it, and we should not facility that should be kept open. to that cartoon was irrational given have or allow this administration to Clearly, a campaign promise is easier the nature of what went on. How much worse would the reaction be to these hurt innocent soldiers. to make than is the reality of the Mr. LEWIS of California. Madam world we live in. Nobody wants these actual photographs of the detainees and of their being treated however they Speaker, I yield 2 minutes to a member people. Nobody in my State, nobody in of the Appropriations Committee, the any neighboring State. Other countries were treated? Our own commanders on gentleman from Missouri (Mr. AKIN). don’t want these people. They are dan- the ground, General Petraeus and Gen- eral Odierno, have both said, in their Mr. AKIN. Madam Speaker, I appre- gerous. They are enemies of the United ciate the opportunity to speak on the States. They are not people who have a professional judgment, that the release of these photographs will help recruit supplemental. It’s actually something right, with the actions they’ve taken, that I voted on not so long ago, but additional terrorists—additional to have the protections that have al- things have changed. Things have jihadists—to the team and that the re- ready been so well-discussed by Mr. changed radically. In fact, it seems lease of these photographs will be used KINGSTON, by Mr. LUNGREN and by oth- that the Obama administration has in- to spur actions against our military ers. Frankly, the fact that there is not cluded in this supplemental a request and against our troops in the field, who money in this supplemental, at least as for $108 billion, taking money away might not otherwise be there. So I I understand at this point, to close that from defense and putting it into the don’t think it’s too much of a stretch facility is a good thing. I’m glad the International Monetary Fund. Now, to say that the release of these photo- chairman and the others worked to see they call that the IMF. A lot of people graphs, in all likelihood, will result in that that was not in there. This is a de- don’t know what the IMF is, but here bate that suddenly is a lot harder, from additional deaths and injuries to Amer- we are taking money away from our the administration’s point of view, ican troops that don’t have to occur. defense spending, away from our sol- The Senate language would restrict than it was during the campaign. diers and away from our taxpayers, and access to these photographs, which is Troops in the field need our support. we’re going to put it into this Inter- the right issue, and the White House The House acted quickly. It was a large national Monetary Fund. bipartisan vote to support the troops in has agreed that these photographs Exactly what does that do? the field. Where is that bill now? That should not be released. I encourage my Well, that allows some of our good bill is in a committee somewhere. colleagues on both sides of the aisle to friends, like Iran and Venezuela, to ac- They’re trying to figure out what else support our motion to instruct because cess this money to build their country can be added to a bill designed to sup- it does make sense not to release these and their programs and to use it ac- port our troops. People talking on photographs. cording to the dictates of the way they those topics understand that Members Mr. LEWIS of California. Madam run their countries. These are not only of Congress have a history of sup- Speaker, I yield 2 minutes to the gen- our competitors, but they are the coun- porting our troops in the field—our tleman from Texas (Mr. GOHMERT). tries that do the most they can to troops in Iraq, our troops in Afghani- Mr. GOHMERT. Madam Speaker, I cause us trouble. So why in the world stan. would like to touch on the issue of do we want to levy more taxes on our So, suddenly, well, maybe, we could Gitmo as well. I’ve been there a couple taxpayers, take the money that was for also put more money in the Inter- of times. Those people are well-treated, defense and give it away to our en- national Monetary Fund, a fund in particularly when you consider that emies? It doesn’t make any sense. which we would put that money by in- they are enemy combatants, that they This should not be included in the decreasing our debt. We all know that are part of a group that has declared fense supplemental. This should be one of the sources of that debt right war on this country. Throughout the about taking care of our men and now is foreign borrowing, borrowing history of mankind, when a group de- women in uniform. It should be about from foreign countries. Some of those clares war on another group and the taking care of their equipment, their countries we borrow from, like China, group on which they’ve declared war is needs, their education, and the train- actually would then qualify to get the humane enough to take prisoners, then ing that they need, not about giving money back under the IMF. To borrow they are held until the group of which money away to the international com- money from China to give it to China they’re a part says that we’re no longer munity to be used in who knows what is not what we ought to be doing. If we at war. way by who knows what country. were even going to talk about that, it Here, there are people in this country So as strong as I am on defense—and shouldn’t be in a military supple- and in the administration who do not I’ve always been a strong defender. I’ve mental. It should be in a bill focused on understand that these people still want been on the Armed Services Committee that specific promise that the Presi- to kill us. Look at the pleading of for 9 years. I have three sons who’ve dent apparently has recently made, and Khalid Sheikh Mohammed. In his graduated from the Naval Academy. it deserves a debate of its own. words: We are terrorists to the bone. This will not stand. I will not vote for I hope it does not come back to the You release those people. You bring a supplemental that is giving money to floor as part of this bill. I hope we get them into the United States. We’ve al- some foreign country, money that the job done of supporting our troops. ready heard that the Supreme Court should go to our soldiers.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.012 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6549 GENERAL LEAVE frankly, would be kind of interested to dent about this. As I remember, I think Mr. LEWIS of California. Madam see some of those terrorists exposed to we had a vote in the House in which Speaker, I ask unanimous consent that the wonderful ‘‘charms’’ of some of our there was broadly based bipartisan sup- all Members may have 5 legislative prison inmates in our own prisons. I port, for example, for the incursion of days in which to revise and extend don’t think they would like the experi- Iraq in support of the then-President. their remarks and to include extra- ence very much; but nonetheless, that I must say we have had a lot of con- neous material on the motion to in- is not what is at issue here. versation about items that are not di- struct. What is at issue is simply whether or rectly in this bill today having to do The SPEAKER pro tempore. Is there not we will go about our business of with Guantanamo. If I’m not mistaken, objection to the request of the gen- going to conference and of producing a that issue would not be before us if the tleman from California? supplemental appropriation bill that current President had not decided that There was no objection. will meet the basic needs of our troops he was going, and publicly committed, Mr. LEWIS of California. Madam and that will meet our basic diplomatic to his closing of Guantanamo. That’s Speaker, if I could inquire of my col- necessities as well. That’s why I think creating this horrendous problem. league: Do you have any additional there is a problem with this motion. Setting all that aside as I close, speakers? This motion, by the time it sets aside Madam Speaker, the bill before us or Mr. OBEY. Just one briefly, myself. money for military construction and the item before us is an item that in- Mr. LEWIS of California. Madam defense, would not leave us with volves the conference that’s about to Speaker, I reserve the balance of my enough money on the table to respond take place between the Senate and the time. sufficiently to the pandemic flu prob- House having to do with the supple- Mr. OBEY. I yield myself such time lem. It would not leave us with enough mental funding that was designed as I may consume. money on the table to deal with the ne- originally to give support for our ef- Madam Speaker, I had not wanted to cessity to provide assistance to Mexico forts in Afghanistan and Iraq and, in- take a lot of time here today, but I am in order to deal with the drug problem deed, a very bipartisan support here in moved to take a couple of minutes to there, which is certainly a national se- the House. respond to a couple of things that I’ve curity threat to us, and it certainly My consternation is that it appears heard on the floor today. would not leave us with sufficient as though we’ve set aside that bipar- We have heard several lectures about funds to strengthen and buttress our tisan support for the convenience of the President’s fiscal policy and about political and diplomatic activities in the leadership and, indeed, will have a his economic policy and about his Afghanistan and in Pakistan. It would conference with the Senate that in- international economic policy. I find it not leave us with enough money, for volves two things: a significant reduc- kind of difficult to take economic lec- instance, to fully fund the funding for tion of about $5 billion in the money tures from the same folks who have the new Embassy in Pakistan, which is available to support our troops; and, driven this country’s economy into the desperately needed given the fact that above and beyond that, for all intents ditch. we just had a bombing in Peshawar of and purposes, about that sum of money The President has inherited a very the Pearl Hotel where most of the is transferred for foreign aid, for fund- dicey situation both internationally American diplomats stayed. We need to ing for IMF, for providing access to all and domestically. It is always hard in protect diplomats just as much as we kinds of countries who are not friendly life to clean up other people’s messes. need to protect soldiers. That’s what to the United States by way of funding It is especially hard to do that when the conference will try to do if we can that would be supported by our tax- you have the responsibilities as heavy ever get to it. payers. as those that weigh on the shoulders of So I would simply say, Madam Mr. VAN HOLLEN. Madam Speaker, I rise the President of the United States. Speaker, as I said earlier, I intend to today in support of the President’s decision I don’t understand why he should be vote against this motion, but I am not not to make these photographs public for the expected to take lectures from the peo- going to be particularly bothered if reasons he has already expressed. Namely, ple who helped put the economy into other people want to vote for it be- the publication of these photos would not pro- the ditch or, for that matter, to take cause they supported one piece or an- vide us with any additional benefit and may in- lectures from the same people who other of this proposal. I, myself, would flame anti-American sentiment and endanger brought us the most unnecessary war probably support two of the provisions our troops. However, the proper mechanism in America’s history, the people who in here but not all of them. So Mem- for this is through the courts or by issuing a took $6 trillion in projected budget sur- bers are certainly free to vote however Presidential Executive order, not through Con- pluses and turned them into the largest they prefer. This is a place where we gress. deficits in the history of the Republic, like to state our first preferences as The Freedom of Information Act (FOIA) has the people who are now sniping at vir- often as possible, but sooner or later, been an essential tool for promoting a more tually everything that the President we have to compromise. That means open, transparent, and accountable govern- does to try to deal with both his inter- most of us, including the ranking mem- ment. The Congress should not be addressing national challenges and his domestic ber and the Chair, will not be able to each separate FOIA request on an ad hoc challenges. get all of the first preferences that we basis. Amending FOIA through the legislative I don’t think anybody wants to see would prefer. process sets an unwise precedent. I would any of those prisoners at Guantanamo So, if the gentleman is prepared to urge my colleagues to allow the courts to rule ‘‘released’’ into the United States. I do close, I will yield back my time. on this very important matter. think we have a legitimate question Mr. LEWIS of California. With that, 1115 about where they should be tried and b Madam Speaker, I yield back the bal- about where they should be imprisoned Mr. LEWIS of California. Madam ance of my time. after they are found guilty. Because we Speaker, I, for one, am looking forward The SPEAKER pro tempore. Without wanted to have more specific answers to a number of celebrations. One of objection, the previous question is or- from the administration on that score, those celebrations that I hope to very dered on the motion to instruct. this committee has already removed much participate in in the near future There was no objection. all of the money that could be used to will involve the gentlelady who hap- The SPEAKER pro tempore. The close Guantanamo until we do get a pens to be the Speaker at this moment. question is on the motion to instruct specific plan from the administration. But having talked about celebra- offered by the gentleman from Cali- Having said that, I would suggest tions, I think it would be most inter- fornia (Mr. LEWIS). that the average American family is esting when we reach the point where The question was taken; and the much more in danger of being hit by the leadership on the other side of the Speaker pro tempore announced that the flu pandemic than they are of actu- aisle, including my own committee, the noes appeared to have it. ally being hit by any person who would would stop presuming that every prob- Mr. LEWIS of California. Madam be imprisoned in a maximum security lem in the world can easily be set aside Speaker, I object to the vote on the prison here in the United States. I, because you can blame the past Presi- ground that a quorum is not present

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.014 H11JNPT1 jbell on PROD1PC69 with HOUSE H6550 CONGRESSIONAL RECORD — HOUSE June 11, 2009 and make the point of order that a Brady (TX) Herseth Sandlin Olson Heinrich McCollum Schrader quorum is not present. Bright Hinojosa Ortiz Higgins McDermott Schwartz Broun (GA) Hodes Paulsen Hinchey McGovern Scott (VA) The SPEAKER pro tempore. Pursu- Brown (SC) Hoekstra Pence Hirono Meeks (NY) Serrano ant to clause 8 of rule XX, further pro- Brown, Corrine Holden Perlmutter Holt Michaud Sestak ceedings on this motion will be post- Brown-Waite, Hunter Perriello Honda Miller, George Sherman Hoyer Mollohan poned. Ginny Inglis Peters Sires Buchanan Issa Peterson Inslee Moore (WI) Slaughter Israel Moran (VA) The point of no quorum is considered Burgess Jenkins Petri Snyder Burton (IN) Johnson (GA) Pitts Jackson (IL) Nadler (NY) withdrawn. Speier Buyer Johnson, Sam Platts Jackson-Lee Napolitano Stupak f Calvert Jordan (OH) Poe (TX) (TX) Neal (MA) Sutton Camp Kaptur Posey Johnson (IL) Oberstar RECESS Campbell King (IA) Price (GA) Johnson, E. B. Obey Tauscher Cantor King (NY) Putnam Jones Olver Thompson (CA) The SPEAKER pro tempore. Pursu- Cao Kingston Rahall Kanjorski Pallone Tierney ant to clause 12(a) of rule I, the Chair Capito Kirk Rehberg Kildee Pascrell Tonko declares the House in recess subject to Cardoza Kirkpatrick (AZ) Reichert Kilpatrick (MI) Pastor (AZ) Towns the call of the Chair. Carney Kissell Reyes Kilroy Paul Tsongas Carter Klein (FL) Rodriguez Kind Payne Van Hollen Accordingly (at 11 o’clock and 18 Cassidy Kline (MN) Roe (TN) Kucinich Pingree (ME) Vela´ zquez minutes a.m.), the House stood in re- Castle Kosmas Rogers (AL) Langevin Polis (CO) Visclosky cess subject to the call of the Chair. Chaffetz Kratovil Rogers (KY) Larsen (WA) Pomeroy Wasserman Chandler Lamborn Rogers (MI) Larson (CT) Price (NC) Schultz f Childers Lance Rohrabacher Lee (CA) Quigley Waters Coble Latham Rooney Levin Rangel Watson Loebsack b 1155 Coffman (CO) LaTourette Ros-Lehtinen Rothman (NJ) Watt Cole Lofgren, Zoe Roybal-Allard Latta Roskam Waxman Conaway Lee (NY) Ross Lowey Ruppersberger AFTER RECESS Weiner Cooper Lewis (CA) Royce Luja´ n Rush Welch The recess having expired, the House Costa Linder Ryan (OH) Lynch Sanchez, Loretta was called to order by the Speaker pro Costello Lipinski Ryan (WI) Maloney Sarbanes Woolsey Wu tempore (Mr. ALTMIRE) at 11 o’clock Courtney LoBiondo Salazar Markey (MA) Schakowsky Crenshaw Lucas Scalise Matsui Schiff Yarmuth and 55 minutes a.m. Cuellar Luetkemeyer Schauer NOT VOTING—14 f Culberson Lummis Schmidt Dahlkemper Lungren, Daniel Schock Baca Himes Richardson ANNOUNCEMENT BY THE SPEAKER Davis (AL) E. Scott (GA) Boswell Kagen Sa´ nchez, Linda Davis (KY) Mack Sensenbrenner Delahunt Kennedy T. PRO TEMPORE Davis (TN) Maffei Sessions Ellison Lewis (GA) Stark The SPEAKER pro tempore. Pursu- Deal (GA) Manzullo Shadegg Hill Radanovich Sullivan Dent Marchant Shea-Porter ant to clause 8 of rule XX, proceedings Diaz-Balart, L. Markey (CO) Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE will resume on questions previously Diaz-Balart, M. Marshall Shuler The SPEAKER pro tempore (during postponed. Donnelly (IN) Massa Shuster the vote). There are 2 minutes remain- Votes will be taken in the following Dreier Matheson Simpson Driehaus McCarthy (CA) Skelton ing in this vote. order: motion to instruct on H.R. 2346, Edwards (TX) McCarthy (NY) Smith (NE) and motion to suspend on H.R. 1687. Ehlers McCaul Smith (NJ) b 1223 The first electronic vote will be con- Ellsworth McClintock Smith (TX) Messrs. KILDEE, CUMMINGS, Emerson McCotter Smith (WA) ducted as a 15-minute vote. The re- Fallin McHenry Souder PAYNE, SCOTT of Virginia, maining electronic vote will be con- Flake McHugh Space RUPPERSBERGER, BLUMENAUER, ducted as a 5-minute vote. Fleming McIntyre Spratt BECERRA, AL GREEN of Texas, Forbes McKeon Stearns f Fortenberry McMahon Tanner ROTHMAN, CLEAVER, CROWLEY, Foxx McMorris Taylor TOWNS, GUTIERREZ, FATTAH, MOTION TO INSTRUCT CONFEREES Franks (AZ) Rodgers Teague PALLONE, NADLER of New York, ON H.R. 2346, SUPPLEMENTAL AP- Frelinghuysen McNerney Terry LARSON of Connecticut, JONES, PROPRIATIONS ACT, 2009 Gallegly Meek (FL) Thompson (MS) Garrett (NJ) Melancon Thompson (PA) ENGEL, ACKERMAN, Ms. MCCOL- The SPEAKER pro tempore. The un- Gerlach Mica Thornberry LUM, Mrs. MALONEY, Ms. finished business is the question on the Giffords Miller (FL) Tiahrt VELA´ ZQUEZ, Ms. EDDIE BERNICE Gingrey (GA) Miller (MI) Tiberi motion to instruct on H.R. 2346, offered Gohmert Miller (NC) Titus JOHNSON of Texas, Ms. WASSERMAN by the gentleman from California (Mr. Goodlatte Miller, Gary Turner SCHULTZ, Ms. FUDGE, and Ms. LEWIS) which the Chair will put de Gordon (TN) Minnick Upton ESHOO changed their vote from ‘‘yea’’ Granger Mitchell Walden to ‘‘nay.’’ novo. Graves Moore (KS) Walz The Clerk will designate the motion. Griffith Moran (KS) Wamp Messrs. WITTMAN, ALTMIRE, The Clerk designated the motion. Guthrie Murphy (CT) Westmoreland WALZ, SALAZAR, BROUN of Georgia, The SPEAKER pro tempore. The Hall (NY) Murphy (NY) Wexler RAHALL, Mrs. HALVORSON, and Ms. Hall (TX) Murphy, Patrick Whitfield question is on the motion to instruct. Halvorson Murphy, Tim Wilson (OH) CORRINE BROWN of Florida changed The question was taken; and the Harper Murtha Wilson (SC) their vote from ‘‘nay’’ to ‘‘yea.’’ Speaker pro tempore announced that Hastings (WA) Myrick Wittman So the motion to instruct was agreed Heller Neugebauer Wolf to. the ayes appeared to have it. Hensarling Nunes Young (AK) Mr. MILLER of Florida. Mr. Speaker, Herger Nye Young (FL) The result of the vote was announced on that I demand the yeas and nays. as above recorded. The yeas and nays were ordered. NAYS—152 A motion to reconsider was laid on The vote was taken by electronic de- Ackerman Cleaver Engel the table. vice, and there were—yeas 267, nays Andrews Clyburn Eshoo Baird Cohen Etheridge f 152, not voting 14, as follows: Baldwin Connolly (VA) Farr [Roll No. 329] Becerra Conyers Fattah MOMENT OF SILENCE IN REMEM- Berkley Crowley Filner BRANCE OF MEMBERS OF YEAS—267 Berman Cummings Foster ARMED FORCES AND THEIR Abercrombie Barrow Blackburn Blumenauer Davis (CA) Frank (MA) Aderholt Bartlett Blunt Brady (PA) Davis (IL) Fudge FAMILIES Adler (NJ) Barton (TX) Boccieri Braley (IA) DeFazio Gonzalez The SPEAKER. The Chair would ask Akin Bean Boehner Butterfield DeGette Grayson Alexander Berry Bonner Capps DeLauro Green, Al all present to rise for the purpose of a Altmire Biggert Bono Mack Capuano Dicks Green, Gene moment of silence. Arcuri Bilbray Boozman Carnahan Dingell Grijalva The Chair asks that the House now Austria Bilirakis Boren Carson (IN) Doggett Gutierrez observe a moment of silence in remem- Bachmann Bishop (GA) Boucher Castor (FL) Doyle Hare Bachus Bishop (NY) Boustany Clarke Duncan Harman brance of our brave men and women in Barrett (SC) Bishop (UT) Boyd Clay Edwards (MD) Hastings (FL) uniform who have given their lives in

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.017 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6551 the service of our Nation in Iraq and in Hoekstra McMahon Salazar The result of the vote was announced Afghanistan and their families, and all Holden McMorris Sanchez, Loretta as above recorded. Holt Rodgers Sarbanes who serve in our Armed Forces and Honda McNerney Scalise The title was amended so as to read: their families. Hoyer Meek (FL) Schakowsky ‘‘A bill to designate the federally occu- Hunter Meeks (NY) Schauer pied building located at McKinley Ave- f Inglis Melancon Schiff nue and Third Street, SW., Canton, Inslee Mica Schmidt ANNOUNCEMENT BY THE SPEAKER Israel Michaud Schock Ohio, as the ‘Ralph Regula Federal Issa Miller (FL) The SPEAKER. Without objection, 5- Schrader Building and United States Court- Jackson (IL) Miller (MI) Schwartz minute voting will continue. Jackson-Lee Miller (NC) house’.’’. Scott (GA) A motion to reconsider was laid on There was no objection. (TX) Miller, Gary Scott (VA) Jenkins Miller, George Sensenbrenner the table. f Johnson (GA) Minnick Serrano Johnson (IL) Mitchell f Sessions Johnson, E. B. Mollohan RALPH REGULA FEDERAL BUILD- Sestak Johnson, Sam Moore (KS) APPOINTMENT OF CONFEREES ON ING AND UNITED STATES Shadegg Jones Moore (WI) Shea-Porter H.R. 2346, SUPPLEMENTAL AP- COURTHOUSE Jordan (OH) Moran (KS) Shimkus PROPRIATIONS ACT, 2009 The SPEAKER. The unfinished busi- Kanjorski Moran (VA) Kaptur Murphy (CT) Shuler The SPEAKER pro tempore (Mr. ness is the vote on the motion to sus- Shuster Kildee Murphy (NY) JACKSON of Illinois). Without objection, pend the rules and pass the bill, H.R. Kilpatrick (MI) Murphy, Patrick Simpson 1687, as amended, on which the yeas Kilroy Murphy, Tim Sires the Chair appoints the following con- Kind Murtha Skelton ferees on H.R. 2346: and nays were ordered. Smith (NE) King (IA) Myrick Messrs. OBEY, MURTHA, Ms. DELAURO, The Clerk read the title of the bill. King (NY) Nadler (NY) Smith (NJ) Mrs. LOWEY, Messrs. EDWARDS of Texas, The SPEAKER. The question is on Kingston Napolitano Smith (TX) the motion offered by the gentleman Kirk Neal (MA) Smith (WA) LEWIS of California, YOUNG of Florida, Kirkpatrick (AZ) Neugebauer Snyder and Ms. GRANGER. from Ohio (Mr. BOCCIERI) that the Kissell Nunes Souder House suspend the rules and pass the Klein (FL) Nye Space f Kline (MN) Oberstar Speier bill, H.R. 1687, as amended. PAKISTAN ENDURING ASSISTANCE This will be a 5-minute vote. Kosmas Obey Spratt Kratovil Olson Stark AND COOPERATION ENHANCE- The vote was taken by electronic de- Kucinich Olver Stearns MENT ACT OF 2009 vice, and there were—yeas 416, nays 0, Lamborn Ortiz Stupak not voting 18, as follows: Lance Pallone Sutton Mr. BERMAN. Mr. Speaker, pursuant Langevin Pascrell Tanner to House Resolution 522, I call up the [Roll No. 330] Larsen (WA) Pastor (AZ) Tauscher bill (H.R. 1886) to authorize democratic, YEAS—416 Larson (CT) Paul Taylor Latham Paulsen Teague economic, and social development as- Abercrombie Cantor Edwards (MD) LaTourette Payne Terry Ackerman Cao Edwards (TX) sistance for Pakistan, to authorize se- Latta Pelosi Thompson (CA) Aderholt Capito Ehlers curity assistance for Pakistan, and for Lee (CA) Pence Thompson (MS) Adler (NJ) Capps Ellison Lee (NY) Perlmutter Thompson (PA) other purposes, and ask for its imme- Akin Capuano Ellsworth Levin Perriello diate consideration. Alexander Cardoza Emerson Thornberry Lewis (CA) Peters Tiahrt The Clerk read the title of the bill. Altmire Carnahan Engel Linder Peterson Andrews Carney Eshoo Tiberi The SPEAKER pro tempore. Pursu- Lipinski Petri Tierney Arcuri Carson (IN) Etheridge LoBiondo Pingree (ME) Titus ant to House Resolution 522, the Austria Carter Fallin Loebsack Pitts Tonko amendment in the nature of a sub- Bachmann Cassidy Farr Lofgren, Zoe Platts Towns Bachus Castle Fattah Lowey Poe (TX) stitute printed in the bill, modified by Tsongas Baird Castor (FL) Filner Lucas Polis (CO) the amendment printed in part A of Turner Baldwin Chaffetz Flake Luetkemeyer Pomeroy House report 111–143, is adopted and the Barrett (SC) Chandler Fleming Upton Luja´ n Posey bill, as amended, is considered read. Barrow Childers Forbes Lummis Price (GA) Van Hollen ´ Bartlett Clarke Fortenberry Lungren, Daniel Price (NC) Velazquez The text of the bill, as amended, is as Barton (TX) Clay Foster E. Putnam Visclosky follows: Bean Cleaver Foxx Walden Lynch Quigley H.R. 1886 Becerra Clyburn Frank (MA) Mack Rahall Walz Berkley Coble Franks (AZ) Maffei Rangel Wamp Be it enacted by the Senate and House of Rep- Berman Coffman (CO) Frelinghuysen Maloney Rehberg Wasserman resentatives of the United States of America in Berry Cohen Fudge Manzullo Reichert Schultz Congress assembled, Biggert Cole Gallegly Marchant Reyes Waters SECTION 1. SHORT TITLE AND TABLE OF CON- Bilbray Conaway Gerlach Markey (CO) Rodriguez Watson TENTS. Bilirakis Connolly (VA) Giffords Markey (MA) Roe (TN) Watt Bishop (GA) Conyers Gingrey (GA) Marshall Rogers (AL) Waxman (a) SHORT TITLE.—This Act may be cited as Bishop (NY) Cooper Gohmert Massa Rogers (KY) Weiner the ‘‘Pakistan Enduring Assistance and Co- Bishop (UT) Costa Gonzalez Matheson Rogers (MI) Welch operation Enhancement Act of 2009’’ or the Blackburn Costello Goodlatte Matsui Rohrabacher Westmoreland ‘‘PEACE Act of 2009’’. Blumenauer Courtney Gordon (TN) McCarthy (CA) Rooney Wexler Blunt Crenshaw Granger (b) TABLE OF CONTENTS.—The table of con- McCarthy (NY) Ros-Lehtinen Whitfield tents of this Act is as follows: Boccieri Crowley Graves McCaul Roskam Wilson (OH) Boehner Cuellar Grayson McClintock Ross Wilson (SC) Sec. 1. Short title and table of contents. Bonner Culberson Green, Al McCollum Rothman (NJ) Wittman Sec. 2. Definitions. Bono Mack Cummings Green, Gene McCotter Roybal-Allard Wolf Sec. 3. Findings. Boozman Dahlkemper Griffith McDermott Royce Woolsey Sec. 4. Declaration of principles. Boren Davis (AL) Grijalva McGovern Ruppersberger Wu Boucher Davis (CA) Guthrie McHugh Rush Yarmuth TITLE I—DEMOCRATIC, ECONOMIC, AND Boustany Davis (IL) Gutierrez McIntyre Ryan (OH) Young (AK) SOCIAL DEVELOPMENT ASSISTANCE FOR Boyd Davis (KY) Hall (NY) McKeon Ryan (WI) Young (FL) PAKISTAN Brady (PA) Davis (TN) Hall (TX) Brady (TX) Deal (GA) Halvorson NOT VOTING—18 Sec. 101. Purposes of assistance. Sec. 102. Authorization of assistance. Bright DeFazio Hare Baca Himes Sa´ nchez, Linda Broun (GA) DeGette Harman Sec. 103. Multilateral support for Pakistan. Boswell Kagen T. Brown (SC) DeLauro Harper Braley (IA) Kennedy Sherman Sec. 104. Pakistan Democracy and Prosperity Brown, Corrine Dent Hastings (FL) Delahunt Lewis (GA) Slaughter Fund. Brown-Waite, Diaz-Balart, L. Hastings (WA) Garrett (NJ) McHenry Sec. 105. Authorization of appropriations. Ginny Diaz-Balart, M. Heinrich Sullivan Hensarling Radanovich TITLE II—SECURITY ASSISTANCE FOR Buchanan Dicks Heller Hill Richardson Burgess Dingell Herger PAKISTAN Burton (IN) Doggett Herseth Sandlin Sec. 201. Sense of Congress. Butterfield Donnelly (IN) Higgins b 1232 Sec. 202. Purposes of assistance. Buyer Doyle Hinchey So (two-thirds being in the affirma- Calvert Dreier Hinojosa Sec. 203. Authorization of assistance. Camp Driehaus Hirono tive) the rules were suspended and the Sec. 204. Pakistan Counterinsurgency Capabili- Campbell Duncan Hodes bill, as amended, was passed. ties Fund.

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 6343 E:\CR\FM\K11JN7.020 H11JNPT1 jbell on PROD1PC69 with HOUSE H6552 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Sec. 205. Exchange program between military in the FATA and in the Swat, Buner, and Dir (I) to establish a counterinsurgency and and civilian personnel of Pakistan districts in the NWFP. counterterrorism strategy to prevent any terri- and certain other countries. (8) The displacement of over 1,000,000 Paki- tory of Pakistan from being used as a base or Sec. 206. Limitation on United States military stanis poses a grave humanitarian crisis and re- conduit for terrorist attacks in Pakistan, or else- assistance to Pakistan. quires the immediate attention of the United Na- where, and ensure that madrasas in Pakistan Sec. 207. Authorization of appropriations. tions, and the strong support of donor nations, are not used to incite terrorism; TITLE III—MISCELLANEOUS PROVISIONS to provide food, water, shelter, medicine, sanita- (J) to ensure that Pakistan has strong and ef- tion and other emergency services and supplies Sec. 301. Comprehensive regional security strat- fective law enforcement and national defense to the displaced, along with longer-term devel- egy. forces, under civilian leadership, with sufficient Sec. 302. Monitoring and evaluation of assist- opment assistance. The humanitarian crisis and appropriate security equipment and train- ance. highlights the need for Pakistan to develop an ing to effectively defend Pakistan against inter- Sec. 303. Auditing. effective national counterinsurgency strategy, nal and external threats; Sec. 304. Requirements for civilian control of in order to mitigate such displacement. (K) to ensure access of United States inves- United States assistance for Paki- SEC. 4. DECLARATION OF PRINCIPLES. tigators to individuals suspected of engaging in stan. Congress declares that the relationship be- worldwide proliferation of nuclear materials, as Sec. 305. Sense of Congress. tween the United States and Pakistan should be necessary, and restrict such individuals from Sec. 306. Reports. based on the following principles: travel or any other activity that could result in Sec. 307. Sunset. (1) Pakistan is a critical friend and ally to the further proliferation; United States, both in times of strife and in (L) to help Pakistan meet its commitment to SEC. 2. DEFINITIONS. times of peace, and the two countries share not support any person or group that conducts In this Act: many common goals, including combating ter- violence, sabotage, or other activities meant to (1) APPROPRIATE CONGRESSIONAL COMMIT- rorism and violent radicalism, solidifying democ- instill fear or terror in Pakistan’s neighboring TEES.—Except as otherwise provided in this Act, racy and rule of law in Pakistan, and pro- countries; and the term ‘‘appropriate congressional commit- moting the social and material well-being of the (M) to help Pakistan gain control of its under- tees’’ means the Committees on Appropriations people of Pakistan. governed areas and stop any support, direction, and Foreign Affairs of the House of Representa- (2) United States assistance to Pakistan is in- guidance to, or acquiescence in the activities of, tives and the Committees on Appropriations and tended to supplement, not supplant, Pakistan’s any person or group that engages in acts of vio- Foreign Relations of the Senate. own efforts in building a stable, secure, and lence or intimidation against civilians, civilian (2) COUNTERINSURGENCY.—The term ‘‘counter- prosperous Pakistan, and United States assist- groups, or governmental entities. insurgency’’ means efforts to defeat organized ance will be wholly ineffective without Paki- movements that seek to overthrow the duly con- TITLE I—DEMOCRATIC, ECONOMIC, AND stan’s own serious efforts to improve the health, stituted Governments of Pakistan and Afghani- SOCIAL DEVELOPMENT ASSISTANCE education, and living standards of its popu- stan through the use of subversion and armed FOR PAKISTAN lation, including maintaining or increasing the conflict. SEC. 101. PURPOSES OF ASSISTANCE. financial resources devoted to such efforts. (3) COUNTERTERRORISM.—The term ‘‘counter- The purposes of assistance under this title (3) The United States supports Pakistan’s terrorism’’ means efforts to combat— are— struggle against extremist elements and recog- (A) al Qaeda; and (1) to demonstrate unequivocally the long- nizes the profound sacrifice made by Pakistan (B) other terrorist organizations, as such term term commitment of the United States to the in the fight against terrorism, including the loss is defined in section 212(a)(3)(B)(vi) of the Immi- people of Pakistan and Pakistan’s democratic of more than 1,600 soldiers since 2001 in combat gration and Nationality Act (8 U.S.C. institutions; with al Qaeda, the Taliban, and other extremist 1182(a)(3)(B)(vi)). (2) to support the consolidation of democracy, and terrorist groups. (4) FATA.—The term ‘‘FATA’’ means the Fed- good governance, and the rule of law in Paki- (4) The United States intends to work with the erally Administered Tribal Areas of Pakistan. stan; Government of Pakistan— (5) FCR.—The term ‘‘FCR’’ means the Fron- (3) to help build the capacity of law enforce- (A) to build mutual trust and confidence by tier Crimes Regulation, codified under British ment forces in Pakistan to combat terrorism and actively and consistently pursuing a sustained, law in 1901, and applicable to the FATA. violent militancy and expeditiously investigate, long-term, multifaceted relationship between the (6) NWFP.—The term ‘‘NWFP’’ means the arrest, and prosecute alleged criminals, con- two countries, devoted to strengthening the mu- North West Frontier Province of Pakistan, sistent with the rule of law and due process; tual security, stability, and prosperity of both which has Peshawar as its provincial capital. (4) to further the sustainable and effective countries; SEC. 3. FINDINGS. (B) to support the people of Pakistan and economic and social development of Pakistan Congress finds the following: their democratic government in their efforts to and the improvement of the living conditions of (1) The Islamic Republic of Pakistan has been consolidate democracy, through strengthening the people of Pakistan, especially in areas of di- a critical ally of the United States for more than Pakistan’s parliament, helping Pakistan rees- rect interest and importance to their daily lives; 4 decades. tablish an independent and transparent judicial (5) to strengthen regional ties between Paki- (2) With the free and fair election of February system, and working to extend the rule of law in stan and its neighbors by offering concrete non- 18, 2008, Pakistan returned to civilian rule after all areas in Pakistan; military assistance for issues of mutual eco- almost 9 years under a military dictatorship. (C) to promote long-term development and in- nomic and social concern; (3) After the September 11, 2001, terrorist at- frastructure projects, including in healthcare, (6) to strengthen Pakistan’s public education tacks against the United States, Pakistan chose water management, and energy programs, in all system, increase literacy, expand opportunities to partner with the United States in the fight areas of Pakistan, that are sustained and sup- for vocational training, and help create an ap- against al Qaeda, the Taliban, and other exported by each successive democratic govern- propriate national curriculum for all schools in tremist and terrorist groups. ment in Pakistan; Pakistan; (4) Since 2001, the United States has contrib- (D) to encourage sustainable economic devel- (7) to expand people-to-people engagement be- uted more than $12,000,000,000 to Pakistan to opment in Pakistan and the integration of Paki- tween the United States and Pakistan, through strengthen Pakistan’s governance, economy, stan into the global economy in order to improve increased educational, technical, and cultural education system, healthcare services, and mili- the living conditions of the people of Pakistan; exchanges and other methods; tary, so as to bring freedom and opportunities to (E) to ensure that the people of Pakistan, in- (8) to strengthen respect for internationally the people of Pakistan while helping to combat cluding those living in areas governed by the recognized human rights in efforts to stabilize terrorism and to counter a domestic insurgency. FCR, have access to public, modernized edu- the security environment in Pakistan; and (5) The United States requires a balanced, in- cation and vocational training to enable them to (9) to promote the rights and empowerment of tegrated, countrywide strategy that provides as- provide for themselves, for their families, and women and girls in Pakistan, including efforts sistance throughout Pakistan and does not dis- for a more prosperous future for their children; to increase access to basic healthcare services to proportionately focus on military assistance or (F) to expand people-to-people engagement be- address Pakistan’s high maternal mortality rate one particular area or province. tween the two countries, through increased edu- and to increase girls’ and women’s access to (6) Despite killing or capturing hundreds of al cational, technical, and cultural exchanges and education. Qaeda operatives and other terrorists—includ- other methods; SEC. 102. AUTHORIZATION OF ASSISTANCE. ing major al Qaeda leaders, such as Khalid (G) to ensure transparency of and provide ef- (a) IN GENERAL.—To carry out the purposes of Sheikh Muhammad, Ramzi bin al-Shibh, and fective accountability for all United States as- section 101, the President is authorized to pro- Abu Faraj al-Libi—Pakistan’s FATA, parts of sistance and reimbursements provided to Paki- vide assistance for Pakistan to support the ac- the NWFP, Quetta in Balochistan, and Muridke stan; tivities described in subsection (b). in Punjab remain a sanctuary for al Qaeda, the (H) to take steps to improve Pakistan’s (b) ACTIVITIES SUPPORTED.—Activities that Afghan Taliban, and affiliated groups from counterterrorism financing and anti-money may be supported by assistance under sub- which these groups organize terrorist actions laundering laws to comply with international section (a) include the following: against Pakistan and other countries. standards, to include applying for ‘‘Financial (1) FORTIFYING DEMOCRATIC INSTITUTIONS.— (7) Pakistan’s security forces have recently Action Task Force’’ observer status and adher- To support, notwithstanding any other provi- begun taking concerted action against those ing to the United Nations International Conven- sion of law, democratic institutions in Pakistan who threaten Pakistan’s security and stability, tion for the Suppression of the Financing of in order to strengthen civilian rule and long- with military operations in the Bajour agency Terrorism; term stability, including assistance such as—

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.007 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6553 (A) support for efforts to strengthen the Na- provide a robust response to threats from ex- (iii) support for the proper oversight of all tional Parliament of Pakistan, including— tremists and terrorists along the frontier and educational institutions, including madrasas, as (i) assistance to parliamentary committees to elsewhere in Pakistan, including— required by Pakistani law, including registra- enhance the capacity to conduct public hearings (i) the development of an elite rapid reaction tion with the Ministry of Education and regular and oversee government activities, including na- force which could be deployed on short notice to monitoring of curriculum by the Ministry of tional security issues and the military budget, to secure areas that are threatened by militancy; Education to ensure students in Pakistan re- solicit input on key public policy issues, and to and ceive a comprehensive education; oversee the conduct of elections; (ii) facilitating improved counterterrorism and (B) initiatives to enhance the access to edu- (ii) support for the establishment of constitu- counterinsurgency coordination between local cation for women and girls, and to increase ency offices and otherwise promote the responsi- government officials, the police, paramilitary, women’s literacy, with special emphasis on help- bility of members of parliament to respond to and military leaders. ing girls stay in school; constituents; and (3) SUPPORT FOR BROAD-BASED AND SUSTAIN- (C) funding to the Government of Pakistan to (iii) strengthening of the role of parliamentary ABLE ECONOMIC DEVELOPMENT.—To support eco- use to increase immediately teacher salaries and leadership; nomic development in Pakistan by— to recruit and train teachers and administra- (B) support for voter education and civil soci- (A) promoting energy sector reform and devel- tors, as well as develop formalized salary scales ety training, including training with grassroots opment; with merit-based pay increases; (B) expanding assistance for agricultural and organizations to enhance the capacity of the or- (D) establishment of vocational and technical rural development, including farm-to-market ganizations to advocate for the development of programs to enhance employment opportunities; roads, systems to prevent spoilage and waste, public policy; (E) encouragement of United States and Paki- and other small-scale infrastructure improve- (C) support for political parties, including in- stani public-private partnerships to increase in- ments that will enhance supply and distribution creasing their capacity and protecting their vestment in higher education and technical networks; right to carry out political activities without re- training opportunities; striction (other than reasonable administrative (C) increasing employment opportunities, including support to small and medium enter- (F) construction and maintenance of libraries requirements commonly applied in democratic and public schools, including water sanitation, countries) and fostering the responsiveness of prises, microfinance and microenterprise activities, and in particular programs to improve the perimeter walls, and recreation areas; such parties to the needs of the people of Paki- (G) provision of textbooks and other learning stan; lives of women and girls; (D) preventing youth from turning to extre- materials and food assistance for student meals; (D) support for strengthening the capacity of and the civilian Government of Pakistan to carry mism and militancy, and promoting the renunci- ation of such tactics and extremist ideologies, by (H) provision of software to educational insti- out its responsibilities, including supporting the tutions and students at the lowest possible cost, establishment of frameworks that promote gov- providing economic, social, educational, and vocational opportunities and life-skills training to specifically targeting universities that specialize ernment transparency and criminalize corrup- in information technology, and women’s colleges tion in both the government and private sector, at-risk youth; and (E) increasing investment in infrastructure, and women’s secondary schools. audit offices, inspectors general offices, third including construction of roads, water resource (6) SUPPORT FOR HUMAN RIGHTS.—To promote party monitoring of government procurement management systems, irrigation channels, and respect for and compliance with internationally processes, whistle-blower protections, and anti- continued development of a national aviation recognized human rights, including assistance corruption agencies; and industry and aviation infrastructure. such as— (E) in particular, support for efforts by the (4) SUPPORT TO INCREASE LOCAL CAPACITY.— (A) programs to strengthen civil society orga- Government of Pakistan to promote governance To increase the capacity and improve the sus- nizations that promote internationally recog- reforms in the FATA, including— tainability of Pakistan’s national, provincial, nized human rights, including religious freedom, (i) extension of the Political Parties Act; and local governmental and nongovernmental freedom of expression, and freedom of associa- (ii) local experimentation with methods to institutions, including assistance to— tion, and that support human rights monitoring; transition from the FCR; and (A) increase and improve the capacity of (B) promotion of education regarding inter- (iii) long-term development of durable and re- Pakistan’s national, provincial, and local gov- nationally recognized human rights; sponsive political institutions. ernmental institutions by— (C) programs designed to end traditional prac- (2) ENHANCEMENT AND STRENGTHENING OF THE (i) providing technical assistance to all min- tices and punishments that are inconsistent JUDICIAL SYSTEM AND LAW ENFORCEMENT.—To istries to improve transparency and ability to re- with internationally recognized human rights support, notwithstanding any other provision of spond to the needs of the people of Pakistan; norms and protections, such as honor killings law, Pakistan’s efforts to expand the rule of law and and other forms of cruel and unusual punish- and build the capacity, transparency, and trust (ii) promoting the implementation of fiscal ments; in government institutions, at the national, pro- and personnel management, including revenue (D) promotion of freedom of religion and reli- vincial, and local levels, including assistance tracking and expenditure systems; and gious tolerance, protection of religious minori- such as— (B) enhance the capacity of Pakistan’s non- ties, and promotion of freedom of expression and (A) support for the rule of law and systemic governmental and civil society organizations to association, including support for responsible improvement of judicial and criminal justice in- respond to the needs of the people of Pakistan independent media; stitutions, including— by— (i) management of courts; (E) promotion of nongovernmental organiza- (i) increasing support for local nongovern- tions that focus on the protection of women and (ii) enhanced career opportunities and profes- mental organizations with demonstrated experi- sional training for judges, public defenders, and girls, including women-led organizations and ence in delivering services to the people of Paki- programs that support the participation of prosecutors; and stan, particularly to women, children, and other (iii) efforts to enhance the rule of law to all women in the national, provincial, and local po- vulnerable populations in Pakistan; litical process, and programs to end violence areas in Pakistan where the writ of the govern- (ii) providing training and education to local against women, including rape; ment is under heightened challenge by terrorists nongovernmental and civil society organizations (F) technical, legal, and law enforcement as- and militants, including through innovations in on ways to identify and improve the delivery of sistance for the investigation of past disappear- the delivery of judicial services that enhance the services to the people of Pakistan; and legitimacy of state institutions; (iii) promoting local ownership and participa- ances of individuals in Pakistan and the devel- (B) support for professionalization of the po- tion, including encouraging communities to con- opment of a national data base of such individ- lice, including— tribute a percentage of the value of United uals; and (i) training regarding use of force; States projects or activities carried out under (G) programs in support and protection of the (ii) education and training regarding human this title in the form of labor, in-kind materials, rights of ethnic minorities in Pakistan, includ- rights; or other provisions. ing Baluchis, Sindhis, and Pashtuns, to pre- (iii) training regarding evidence preservation (5) SUPPORT FOR PUBLIC EDUCATION SYSTEM.— serve their language, culture, traditional areas and chain of custody; and To support Pakistan’s public education system, of inhabitancy, and to fight any direct or indi- (iv) training regarding community policing; including— rect discrimination. (C) support for independent law enforcement (A) implementation of a national education (7) SUPPORT FOR REFUGEES AND INTERNALLY agencies, such as the Intelligence Bureau of the strategy, to include both primary and secondary DISPLACED PERSONS.—It is the sense of Congress Ministry of Interior, responsive to civilian con- education, focused on literacy and civic edu- that— trol, including— cation, including— (A) counterinsurgency operations being car- (i) enhanced coordination with judicial proc- (i) programs to assist development of modern, ried out by the Government of Pakistan should esses; nationwide school curriculums for public, pri- be designed to minimize civilian casualties and (ii) enhancement of forensics capabilities; vate, and religious schools that incorporate rel- collateral damage to the people of Pakistan and (iii) data collection and analyses; evant subjects, such as math, science, literature, to provide security for the delivery of humani- (iv) case tracking and management; and human rights awareness, in addition to ag- tarian assistance to the affected civilian popu- (v) financial intelligence functions; and ricultural education and training; lation; (vi) maintenance of data systems to track ter- (ii) enhancement of civic education programs (B) the United States should continue to pro- rorist of criminal activity; and focused on political participation, democratic vide robust assistance to the people of Pakistan (D) strengthening the capacity of the police institutions, and tolerance of diverse ethnic and who have been displaced as a result of ongoing and other civilian law enforcement agencies to religious groups; and conflict and violence;

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.007 H11JNPT1 jbell on PROD1PC69 with HOUSE H6554 CONGRESSIONAL RECORD — HOUSE June 11, 2009 (C) the United States should support inter- financial institutions (including the Inter- tween United States military and Pakistani mili- national efforts to coordinate assistance to refu- national Monetary Fund), support the imple- tary personnel, including outreach to the ‘‘lost gees and internally displaced persons in Paki- mentation of a plan of the Government of Paki- generation’’ of Pakistan’s officers who did not stan, including by providing support to inter- stan to attack structural economic problems, ad- attend United States-sponsored training as a re- national and nongovernmental organizations dress pressing social problems, carry out com- sult of restrictions placed on United States as- for this purpose; prehensive economic reform, and relieve imme- sistance for Pakistan due to Pakistan’s posses- (D) the Administrator of the United States diate and urgent balance of payments require- sion of a nuclear device; and Agency for International Development should ments in Pakistan. (2) United States security assistance for Paki- support the development objectives of the Ref- (3) CURRENCY STABILIZATION LOANS.—Provide stan should be fully accountable, should be con- ugee Affected and Host Areas (RAHA) Initiative leadership in supporting multilateral agreements tingent on Pakistan ending support for terrorist in Pakistan to address livelihoods, heath, edu- to provide government-to-government loans for groups, and should meet the national security cation, infrastructure development, and envi- currency stabilization in Pakistan if the loans needs of Pakistan. ronmental restoration in identified parts of the can reduce inflation and thereby foster condi- SEC. 202. PURPOSES OF ASSISTANCE. country where Afghan refugees have lived; and tions necessary for the effective implementation The purposes of assistance under this title (E) the Administrator of the United States of economic reforms. are— Agency for International Development should SEC. 104. PAKISTAN DEMOCRACY AND PROS- (1) to support Pakistan’s paramount national evaluate the effectiveness of the livelihoods PERITY FUND. projects in the FATA in order to determine security need to fight and win the ongoing (a) ESTABLISHMENT OF FUND.—There is estab- whether systems need to be put into place to im- counterinsurgency within its borders; lished in the Treasury of the United States a (2) to work with the Government of Pakistan prove programming in this key sector. fund to be known as the ‘‘Pakistan Democracy (8) SUPPORT FOR HEALTHCARE EFFORTS.—To to protect and secure Pakistan’s borders and and Prosperity Fund’’ (hereinafter in this sec- provide urgently needed healthcare assistance prevent any Pakistani territory from being used tion referred to as the ‘‘Fund’’), consisting of to the people of Pakistan, including assistance as a base or conduit for terrorist attacks in to supplement the Government of Pakistan’s ef- such amounts as may be appropriated or trans- Pakistan, or elsewhere; forts to eliminate diseases, including hepatitis, ferred to the Fund as provided in this section (3) to work in close cooperation with the Gov- and to reduce the nation’s high maternal and and which may be used for purposes of this ernment of Pakistan to coordinate action under-five mortality rates, including— title. against extremist and terrorist targets; and (A) support for repairing and building (b) TRANSFERS TO FUND.—The Fund shall (4) to develop knowledge of and appreciation healthcare infrastructure, including purchase of consist of the following: for democratic governance and a military that is equipment and training of health professionals, (1) Amounts appropriated to carry out this controlled by and responsible to democratically to ensure adequate access to healthcare for title. elected civilian leadership. (2) Amounts appropriated on or after the date Pakistan’s population, especially among its SEC. 203. AUTHORIZATION OF ASSISTANCE. of the enactment of this Act for ‘‘Development rural, poor, marginalized and disadvantaged (a) INTERNATIONAL MILITARY EDUCATION AND Assistance’’, ‘‘Global Health and Child Sur- segments; and TRAINING.— vival’’, and the ‘‘Economic Support Fund’’ for (B) promotion of efforts by the Government of (1) IN GENERAL.—Of the amounts authorized assistance for Pakistan under the Foreign As- Pakistan to reduce maternal mortality, includ- to be appropriated to carry out this title not less sistance Act of 1961 (22 U.S.C. 2151 et seq.) that ing through the provision of maternal and new- than $4,000,000 for fiscal year 2010 and such are transferred by the President to the Fund born health services and development of commu- sums as may be necessary for each of the fiscal pursuant to subsection (d). nity-based skilled birth attendants. years 2011 through 2013 are authorized to be (3) To the extent or in the amounts provided (9) SUPPORT FOR PUBLIC DIPLOMACY.—To im- made available for assistance under chapter 5 of in advance in appropriations Acts, amounts ac- plement a more effective public diplomacy strat- part II of the Foreign Assistance Act of 1961 (22 cepted by the President under subsection (c) egy in Pakistan in order to ensure that the Pak- U.S.C. 2347 et seq.; relating to international that are transferred by the President to the istani public recognizes that it is in Pakistan’s military education and training) for Pakistan, Fund pursuant to subsection (d). own interest to partner with the United States including expanded international military edu- (c) ACCEPTANCE OF AMOUNTS FROM OUTSIDE and other like-minded countries to combat mili- cation and training (commonly known as ‘‘E– SOURCES.—The President may accept funds from tant extremism, as well as to promote a better IMET’’). non-United States Government sources, includ- understanding of the United States, including (2) USE OF FUNDS.—Not less than 30 percent of ing foreign governments, nongovernmental orga- through the following: the amount made available to carry out this nizations, private business entities, and private (A) Partnering with the Government of Paki- subsection for a fiscal year may be used to pay individuals, for purposes of carrying out this stan to highlight the negative behavior of insur- for courses of study and training in counter- title. gent groups and to encourage civil society, re- insurgency and civil-military relations. spected scholars, and other leaders to speak out (d) STATUS OF AVAILABILITY OF AMOUNTS IN (b) FOREIGN MILITARY FINANCING PROGRAM.— against militancy and violence. FUND.—The President is authorized to transfer (1) IN GENERAL.—Of the amounts authorized (B) Providing technical assistance to the Gov- to the Fund amounts under paragraphs (2) and to be appropriated to carry out this title, not ernment of Pakistan to both disrupt and provide (3) of subsection (b). Such amounts shall be less than $300,000,000 for fiscal year 2010 and alternatives to the illegal FM radio stations merged with and shall be available for any pur- such sums as may be necessary for each of the used by insurgent groups in the FATA and ad- pose for which any of the amounts so trans- fiscal years 2011 through 2013 are authorized to jacent districts of the NWFP. ferred are available. be made available for grant assistance under (C) Expanded exchange activities under the (e) REPORT.—The President shall transmit to Fulbright Program, the International Visitor the appropriate congressional committees not section 23 of the Arms Export Control Act (22 Leadership Program, the Youth Exchange and later than 180 days after the date of the enact- U.S.C. 2763; relating to the Foreign Military Fi- Study Program, and related programs adminis- ment of this Act, and every 180 days thereafter nancing program) for the purchase of defense tered by the Department of State designed to until September 30, 2018, a report on programs, articles, defense services, and military education promote mutual understanding and interfaith projects, and activities carried out using and training for Pakistan. SE OF FUNDS.—Not less than 75 percent of dialogue. amounts obligated and expended from the Fund. (2) U the amount made available to carry out this (D) Expansion of sister institution programs SEC. 105. AUTHORIZATION OF APPROPRIATIONS. between United States and Pakistani schools subsection for a fiscal year may be used for the (a) IN GENERAL.—There are authorized to be purchase of defense articles, defense services, and universities, towns and cities, and other or- appropriated to the President to carry out this ganizations in such fields as medicine and and military education and training for activi- title $1,500,000,000 for each of the fiscal years ties relating to counterinsurgency and counter- healthcare, business management, environ- 2010 through 2013. mental protection, information technology, and terrorism operations in Pakistan. Such articles, (b) AVAILABILITY.—Amounts authorized to be services, and military education and training agriculture. appropriated to carry out this title for a fiscal (E) Additional scholarships to enable students may include the following: year are— (A) Aviation maintenance and logistics sup- to study in the United States. (1) authorized to remain available until Sep- port for United States-origin and United States- SEC. 103. MULTILATERAL SUPPORT FOR PAKI- tember 30 of the succeeding fiscal year; and supported rotary wing aircraft and upgrades to STAN. (2) in addition to amounts otherwise available such aircraft to include modern night vision and To the extent that Pakistan continues to for such purposes. targeting capabilities. evolve toward civilian control of the government (c) SENSE OF THE CONGRESS.—It is the sense of (B) Intelligence, surveillance, and reconnais- and to develop and implement comprehensive Congress that United States assistance provided sance (ISR) ground and air manned and un- economic reform programs, the President should under this title should be made available on a manned platforms, including sustainment. do the following: proportional and equitable basis between the (C) Command and control capabilities. (1) MULTILATERAL SUPPORT.—Take the lead in FATA and other regions of Pakistan. mobilizing international financial institutions, (D) Force protection and counter improvised in particular the International Monetary Fund TITLE II—SECURITY ASSISTANCE FOR explosive device capabilities, including protec- and affiliated institutions in the World Bank PAKISTAN tion of vehicles. group, to provide timely and appropriate re- SEC. 201. SENSE OF CONGRESS. (E) Protective equipment, such as body armor sources to help Pakistan. It is the sense of Congress that— and helmets, night vision goggles, and other in- (2) STABILIZATION ASSISTANCE.—In conjunc- (1) United States security assistance for Paki- dividual equipment, including load-bearing tion with other governments and international stan should be used to improve relationships be- equipment, individual and unit level first aid

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.007 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6555 equipment, ballistic eye protection, and cold Secretary of State, with the concurrence of the Pakistan’s military. The program established weather equipment. Secretary of Defense, to build and maintain the under this subsection shall be known as the (F) Appropriate individual and unit level counterinsurgency capability of Pakistan under ‘‘Pakistan Military Transition Program’’. medical services and articles for the Pakistan the same terms and conditions (except as other- (b) ELEMENTS OF PROGRAM.—The program au- Army, the Pakistan Frontier Corps, and other wise provided in this subsection) that are appli- thorized under subsection (a) may include— appropriate security forces. cable to amounts made available under the (1) conferences, seminars, and other events; (G) Assistance to enable the Pakistani mili- Fund for fiscal year 2009. (2) distribution of publications; and tary to distribute humanitarian assistance and (3) TRANSFER AUTHORITY.— (3) reimbursement of expenses of foreign mili- establish a tactical civil-military operations ca- (A) IN GENERAL.—The Secretary of State is au- tary personnel participating in the program, in- pability, including a civil affairs directorate. thorized to transfer amounts in the Fund made cluding transportation expenses, translation (3) RESTRICTION RELATING TO F–16 PROGRAM.— available to carry out this subsection for any services expenses, and administrative expenses (A) CONGRESSIONAL FINDING.—In accordance fiscal year to the Department of Defense’s Paki- relating to the program. with the Letters of Offer and Acceptance signed stan Counterinsurgency Fund. (c) ROLE OF NONGOVERNMENTAL ORGANIZA- between the United States and Pakistan in 2006, (B) TREATMENT OF TRANSFERRED FUNDS.— TIONS.—Amounts authorized to be appropriated Congress finds that the Government of Pakistan Subject to the requirements of paragraph (4), to carry out this title for a fiscal year are au- is responsible for making the remaining pay- transfers from the Fund under the authority of thorized to be made available for nongovern- ments on the 2006 sales relating to F–16 fighter subparagraph (A) shall be merged with and be mental organizations to facilitate the implemen- aircraft and associated equipment with its own available for the same purposes and for the tation of the program authorized under subsection (a). national funds, including the mid-life updates same time period as amounts in the Department and munitions for such aircraft included in of Defense’s Pakistan Counterinsurgency Fund. SEC. 206. LIMITATION ON UNITED STATES MILI- TARY ASSISTANCE TO PAKISTAN. such Letters of Offer and Acceptance. (C) RELATION TO OTHER AUTHORITIES.—The (a) PROHIBITION ON USE OF FUNDS.—None of (B) RESTRICTION.—Subject to subparagraph authority to make transfers from the Fund the funds authorized to be appropriated for mili- (C), amounts authorized to be made available under subparagraph (A) is in addition to any tary assistance to Pakistan for fiscal year 2011 under this subsection for a fiscal year may not other transfer of funds authority of the Depart- and each fiscal year thereafter may be obligated be used for the purchase of, or upgrade to, F– ment of State. The authority to provide assist- or expended if the President has not made the 16 fighter aircraft or munitions for such air- ance under this subsection is in addition to any determinations described in subsection (b) for craft. other authority to provide assistance to foreign such fiscal year. (C) EXCEPTION.—Amounts authorized to be countries. (b) DETERMINATIONS REGARDING ENHANCED made available under this subsection for a fiscal (D) NOTIFICATION.—The Secretary of State COOPERATION BETWEEN THE UNITED STATES AND year are authorized to be used for military con- shall, not less than 15 days prior to making PAKISTAN.—The determinations referred to in struction pursuant to the security plan con- transfers from the Fund under subparagraph (A), notify the appropriate congressional com- subsection (a) are— tained in the Letters of Offer and Acceptance (1) a determination by the President at the be- mittees in writing of the details of any such signed between the United States and Pakistan ginning of each fiscal year that the Government transfer. in 2006. of Pakistan is continuing to cooperate with the (D) WAIVER.—The President may waive the (4) RESTRICTION.— (A) IN GENERAL.—Subject to subparagraph United States in efforts to dismantle supplier restriction under subparagraph (B) with respect networks relating to the acquisition of nuclear to amounts authorized to be made available (B), amounts in the Fund made available to carry out this subsection for any fiscal year may weapons-related materials, including, as nec- under this subsection for a fiscal year, other essary, providing direct access to Pakistani nathan amounts authorized to be made available not be used to purchase F–16 fighter aircraft, to purchase mid-life updates for such aircraft, or tionals associated with such networks; and under paragraph (2) of this subsection, if the (2) a determination by the President at the be- President certifies to the appropriate congres- to make payments on the sales of F–16 fighter aircraft and associated equipment described in ginning of each fiscal year that the Government sional committees not later than 15 days prior to of Pakistan during the preceding fiscal year has exercising the authority of this subparagraph section 203(b)(3)(A). (B) EXCEPTION.—Amounts in the Fund made demonstrated a sustained commitment to and that the waiver is important to the national se- making progress towards combating terrorist curity interests of the United States. available to carry out this subsection for any fiscal year are authorized to be used for military groups, including taking into account the (4) SECURITY ASSISTANCE PLAN.—Not later progress the Government of Pakistan has made than 180 days after the date of the enactment of construction activities. (C) WAIVER.—The President may waive the re- with regard to— this Act, the President shall transmit to the ap- striction under subparagraph (A) with respect to (A) ceasing support, including by any ele- propriate congressional committees a plan for amounts described in subparagraph (A) if the ments within the Pakistan military or its intel- the proposed use of amounts authorized to be President certifies to the appropriate congres- ligence agency, to extremist and terrorist made available under this subsection for each of sional committees not later than 15 days prior to groups, particularly to any group that has con- the fiscal years 2010 through 2013. Such plan exercising the authority of this subparagraph ducted attacks against United States or coali- shall include an assessment of how the use of that the waiver is important to the national se- tion forces in Afghanistan, or against the terri- such amounts complements or otherwise is re- curity interests of the United States. tory or people of neighboring countries; lated to amounts described in section 204. (5) AUTHORIZATION OF APPROPRIATIONS.—For (B) closing terrorist camps in the FATA, dis- (5) ADDITIONAL AUTHORITY.—Except as pro- fiscal year 2010, $300,000,000 is hereby author- mantling terrorist bases of operations in other vided in section 3(a)(2) of the Arms Export Con- ized to be appropriated to carry out this sub- parts of the country, including Quetta and trol Act and except as otherwise provided in this section. Muridke, and taking action when provided with title, amounts authorized to be made available (b) SUBMISSION OF NOTIFICATIONS.—Any noti- intelligence about high-level terrorist targets; to carry out paragraph (2) for fiscal years 2010 fication required by this section shall be sub- (C) preventing cross-border attacks into and 2011 are authorized to be made available mitted in classified form, but may include a un- neighboring countries; and notwithstanding any other provision of law. classified annex if necessary. (D) strengthening counter-terrorism and anti- (6) DEFINITIONS.—In this section, the terms (c) APPROPRIATE CONGRESSIONAL COMMITTEES money laundering laws. AIVER ‘‘defense articles’’, ‘‘defense services’’, and DEFINED.—In this section, the term ‘‘appro- (c) W .—The President may waive the re- ‘‘military education and training’’ have the priate congressional committees’’ means— striction under subsection (a) for any fiscal year meaning given such terms in section 644 of the (1) the Committee on Appropriations, the Com- if the President certifies to the appropriate con- Foreign Assistance Act of 1961 (22 U.S.C. 2403). mittee on Armed Services, and the Committee on gressional committees 15 days before the Presi- (c) SENSE OF CONGRESS.—It is the sense of Foreign Affairs of the House of Representatives; dent exercises the authority of this subsection Congress that the United States should facilitate and that the provision of military assistance to Paki- Pakistan’s establishment of a program to enable (2) the Committee on Appropriations, the Com- stan is important to the national security inter- the Pakistani military to provide reconstruction mittee on Armed Services, and the Committee on ests of the United States. assistance in areas damaged by combat oper- Foreign Relations of the Senate. (d) CONSULTATION AND WRITTEN JUSTIFICA- ations. SEC. 205. EXCHANGE PROGRAM BETWEEN MILI- TION.—Not later than 5 days prior to making a SEC. 204. PAKISTAN COUNTERINSURGENCY CAPA- TARY AND CIVILIAN PERSONNEL OF determination described in subsection (b), the BILITY FUND. PAKISTAN AND CERTAIN OTHER President shall consult with the appropriate (a) FOR FISCAL YEAR 2010.— COUNTRIES. congressional committees and, upon making (1) IN GENERAL.—For fiscal year 2010, the De- (a) IN GENERAL.—The Secretary of State is au- such determination, shall submit to the appro- partment of State’s Pakistan Counterinsurgency thorized to establish an exchange program be- priate congressional committees a written jus- Capability Fund, hereinafter in this section re- tween— tification that specifies the basis upon which ferred to as the ‘‘Fund’’, shall consist of the fol- (1) military and civilian personnel of Paki- the President made such a determination, in- lowing: stan, and cluding an acknowledgment of the extent to (A) Amounts appropriated to carry out this (2)(A) military and civilian personnel of coun- which the Government of Pakistan has made subsection. tries determined by the Secretary of State to be progress with regard to subsection (b)(2). The (B) Amounts otherwise available to the Sec- in transition to democracy, or justification shall be unclassified but may in- retary of State to carry out this subsection. (B) military and civilian personnel of North clude a classified annex. (2) PURPOSES OF FUND.—Amounts in the Fund Atlantic Treaty Organization member countries, (e) GAO ANALYSIS AND REPORT.—Not later made available to carry out this subsection for in order to foster greater respect for and under- than 120 days after the President makes the de- any fiscal year are authorized to be used by the standing of the principle of civilian rule of terminations described in subsection (b), the

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.007 H11JNPT1 jbell on PROD1PC69 with HOUSE H6556 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Comptroller General of the United States shall SEC. 302. MONITORING AND EVALUATION OF AS- Pakistan in order to maximize the long-term sus- conduct an independent analysis of each of the SISTANCE. tainable development impact of such programs. determinations under subsection (b) and written (a) DEFINITIONS.—In this section: (f) CONSULTATION WITH CONGRESS.—Not later justifications for such determinations under (1) IMPACT EVALUATION RESEARCH.—The term than 120 days after the date of the enactment of subsection (d) and shall submit to the appro- ‘‘impact evaluation research’’ means the appli- this Act, the President shall brief and consult priate congressional committees a report con- cation of research methods and statistical anal- with the appropriate congressional committees taining the results of the independent analysis. ysis to measure the extent to which change in a regarding the progress in establishing and im- (f) DEFINITIONS.—For purposes of this sec- population-based outcome can be attributed to plementing the program required under sub- tion— program intervention instead of other environ- section (c). (1) the term ‘‘appropriate congressional com- mental factors. (g) AUTHORIZATION OF APPROPRIATIONS.—Of mittees’’ means— (2) OPERATIONS RESEARCH.—The term ‘‘oper- the amounts authorized to be appropriated (A) the Committee on Foreign Affairs, the ations research’’ means the application of social under section 105 for each of the fiscal years Committee on Armed Services, the Committee on science research methods, statistical analysis, 2010 through 2013, up to 5 percent of such Oversight and Government Reform, and the Per- and other appropriate scientific methods to amounts for such fiscal year is authorized to be manent Select Committee on Intelligence of the judge, compare, and improve policies and pro- made available to carry out this section for the House of Representatives; and gram outcomes, from the earliest stages of defin- fiscal year. (B) the Committee on Foreign Relations, the ing and designing programs through their devel- SEC. 303. AUDITING. Committee on Armed Services, and the Select opment and implementation, with the objective (a) ASSISTANCE AUTHORIZED.—The Inspector Committee on Intelligence of the Senate; and of the rapid dissemination of conclusions and General of the Department of State and the In- (2) the term ‘‘military assistance’’— concrete impact on programming. spector General of the United States Agency for (A) means assistance authorized under section (3) PROGRAM MONITORING.—The term ‘‘pro- International Development shall audit, inves- 23 of the Arms Export Control Act (22 U.S.C. gram monitoring’’ means the collection, anal- tigate, and oversee the obligation and expendi- 2763; relating to the Foreign Military Financing ysis, and use of routine program data to deter- ture of funds to carry out title I of this Act. program), including assistance authorized under mine how well a program is carried out and how (b) REQUIREMENT FOR IN-COUNTRY PRES- section 203(b) of this Act and assistance author- much the program costs. ENCE.—The Inspector General of the Department ized under part II of the Foreign Assistance Act (b) SENSE OF CONGRESS.—It is the sense of of State and the Inspector General of the United of 1961 (22 U.S.C. 2301 et seq.), other than assist- Congress that— States Agency for International Development, ance authorized under chapter 5 of part II of (1) to successfully enhance democracy and the after consultation with the Secretary of State such Act (22 U.S.C. 2347 et seq.); but rule of law in Pakistan, defeat extremist ele- and the Administrator of the United States (B) does not include assistance authorized ments, and ensure the protection of human Agency for International Development, are au- under any provision of law that is funded from rights, the President should establish a program thorized to establish field offices in Pakistan accounts within budget function 050 (National to conduct impact evaluation research, oper- with sufficient staff from each of the Offices of Defense). ations research, and program monitoring to en- the Inspector General in Pakistan respectively SEC. 207. AUTHORIZATION OF APPROPRIATIONS. sure effectiveness of assistance provided under to carry out subsection (a). (a) IN GENERAL.—There are authorized to be title I of this Act; (c) AUTHORIZATION OF APPROPRIATIONS.— appropriated to the President to carry out this (2) long-term solutions to Pakistan’s security (1) IN GENERAL.—Of the amounts authorized title, other than section 204, $400,000,000 for fis- problems depend on increasing the effectiveness to be appropriated under section 105 for each of cal year 2010 and such sums as may be nec- and responsiveness of civilian institutions in the fiscal years 2010 through 2013, not less than essary for each of the fiscal years 2011 through Pakistan, including the parliament and judicial $2,000,000 for each fiscal year is authorized to be 2013. system; made available to the Office of the Inspector (b) RELATION TO OTHER AVAILABLE FUNDS.— (3) a specific program of impact evaluation re- General of the Department of State and not less Amounts authorized to be appropriated to carry search, operations research, and program moni- than $2,000,000 for each fiscal year is authorized out this title for a fiscal year are in addition to toring, established at the inception of the pro- to be made available to the Office of the Inspec- amounts otherwise available for such purposes. gram, is required to permit assessment of the tor General of the United States Agency for TITLE III—MISCELLANEOUS PROVISIONS operational effectiveness of impact of United International Development to carry out this sec- SEC. 301. COMPREHENSIVE REGIONAL SECURITY States assistance towards these goals; and tion. STRATEGY. (4) the President, in developing performance (2) RELATION TO OTHER AVAILABLE FUNDS.— (a) SENSE OF CONGRESS.—It is the sense of measurement methods under the impact evalua- Amounts made available under paragraph (1) Congress that the achievement of United States tion research, operations research, and program are in addition to amounts otherwise available national security goals to eliminate terrorist monitoring, should consult with the appropriate for such purposes. threats and close safe havens in Pakistan re- congressional committees as well as the Govern- SEC. 304. REQUIREMENTS FOR CIVILIAN CON- quires the development of a comprehensive plan ment of Pakistan. TROL OF UNITED STATES ASSIST- that utilizes all elements of national power, in- (c) IMPACT EVALUATION RESEARCH, OPER- ANCE FOR PAKISTAN. cluding in coordination and cooperation with ATIONS RESEARCH AND PROGRAM MONITORING OF (a) REQUIREMENTS.—Any direct assistance other concerned governments, and that it is crit- ASSISTANCE.—The President shall establish and provided or payments made on or after January ical to Pakistan’s long-term prosperity and secu- implement a program to assess the effectiveness 1, 2010, by the United States to the Government rity to strengthen regional relationships among of assistance provided under title I of this Act of Pakistan, and any information required by India, Pakistan, and Afghanistan. through impact evaluation research on a se- the United States prior to providing the assist- (b) COMPREHENSIVE REGIONAL SECURITY lected set of programmatic interventions, oper- ance or making the payments, may only be pro- STRATEGY.—The President shall develop a com- ations research in areas to ensure efficiency and vided or made to, or received from, civilian au- prehensive regional security strategy to elimi- effectiveness of program implementation, and thorities of a government of Pakistan con- nate terrorist threats and close safe havens in monitoring to ensure timely and transparent de- stituted through a free and fair election. For Pakistan, including by working with the Gov- livery of assistance. purposes of this subsection, a government of ernment of Pakistan and other relevant govern- (d) REQUIREMENTS.—The program required Pakistan constituted through a free and fair ments and organizations in the region and else- under subsection (c) shall include— election is a government that is determined by where, as appropriate, to best implement effec- (1) a delineation of key impact evaluation re- the President to have been elected in a free and tive counterinsurgency and counterterrorism ef- search and operations research questions for fair manner, taking into account the laws and forts in and near the border areas of Pakistan main components of assistance provided under constitution of Pakistan and internationally and Afghanistan, including the FATA, NWFP, title I of this Act; recognized standards. parts of Balochistan, and parts of Punjab. (2) an identification of measurable perform- (b) WAIVER.—The President may waive— (c) REPORT.— ance goals for each of the main components of (1) the requirements under subsection (a), or (1) IN GENERAL.—Not later than 180 days after assistance provided under title I of this Act to be (2) the requirements under any other provi- the date of the enactment of this Act, the Presi- expressed in an objective and quantifiable form sion of law that restricts assistance to the gov- dent shall transmit to the appropriate congres- at the inception of the program; ernment of any country whose duly elected head sional committees a report on the comprehensive (3) the use of appropriate methods, based on of government is deposed by military coup or de- regional security strategy required under sub- rigorous social science tools, to measure program cree, as such provision of law applies with re- section (b). impact and operational efficiency; and spect to the Government of Pakistan, (2) CONTENTS.—The report shall include a (4) adherence to a high standard of evidence if the President certifies to the appropriate con- copy of the comprehensive regional security in developing recommendations for adjustments gressional committees that the waiver is impor- strategy, including specifications of goals, and to the assistance to enhance the impact of the tant to the national security interests of the proposed timelines and budgets for implementa- assistance. United States. tion of the strategy. (e) ASSISTANCE TO ENHANCE THE CAPACITY OF (c) RULE OF CONSTRUCTION.—Nothing in this (d) DEFINITION.—For purposes of this section, PAKISTAN.—In carrying out the program re- section shall apply with respect to any activities the term ‘‘appropriate congressional commit- quired under subsection (c), the President is au- subject to reporting requirements under title V tees’’ means the Committees on Foreign Affairs thorized to provide assistance to enhance the of the National Security Act of 1947 (50 U.S.C. and Armed Services of the House of Representa- capacity of the Government of Pakistan to mon- 413 et seq.). tives and the Committees on Foreign Relations itor and evaluate programs carried out by the (d) DEFINITION.—In this section, the term and Armed Services of the Senate. national, provincial, and local governments in ‘‘appropriate congressional committees’’ means

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.007 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6557 the Committees on Appropriations, Armed Serv- tion of the extent to which civilian executive cluded between the United States, Mexico, and ices, and Foreign Affairs of the House of Rep- leaders and parliament exercise oversight and Canada on December 17, 1992. resentatives and the Committees on Appropria- approval of military budgets, the chain of com- (8) RECONSTRUCTION OPPORTUNITY ZONE.—The tions, Armed Services, and Foreign Relations of mand, the process of promotion for senior mili- term ‘‘Reconstruction Opportunity Zone’’ means the Senate. tary leaders, civilian involvement in strategic any area that— SEC. 305. SENSE OF CONGRESS. guidance and planning, and military involve- (A) solely encompasses portions of the terri- It is the sense of Congress that— ment in civil administration. tory of— (1) the Secretary of State, with the concur- (b) REPORT BY COMPTROLLER GENERAL.— (i) Afghanistan; or (ii) 1 or more of the following areas of Paki- rence of the Secretary of Defense, should estab- (1) IN GENERAL.—Not later than April 1, 2011, stan: lish a coordinated, strategic communications the Comptroller General of the United States shall submit to the appropriate congressional (I) the Federally Administered Tribal Areas; strategy to engage the people of Pakistan—one (II) areas of Pakistan-administered Kashmir that is fully funded, staffed, and implemented— committees a report evaluating the effectiveness of security assistance provided to Pakistan that the President determines were harmed by to help ensure the success of the measures au- the earthquake of October 8, 2005; thorized by this Act; and under title II of this Act during fiscal years 2010 and 2011. (III) areas of Baluchistan that are within 100 (2) the strategy should have clear and achiev- miles of Pakistan’s border with Afghanistan; able objectives, based on available resources, (2) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the and and should be overseen by the United States (IV) the North West Frontier Province; Chief of Mission in Pakistan. following: (A) A detailed description of the expenditures (B) has been designated by the competent au- SEC. 306. REPORTS. made by Pakistan pursuant to grant assistance thorities in Afghanistan or Pakistan, as the case (a) REPORT BY PRESIDENT.— under section 23 of the Arms Export Control Act may be, as an area in which merchandise may (1) IN GENERAL.—The President shall transmit (22 U.S.C. 2763; relating to the Foreign Military be introduced without payment of duty or excise to the appropriate congressional committees a Financing program). tax; and report on assistance provided under titles I and (B) An assessment of the impact of the assist- (C) has been designated by the President as a II of this Act during the preceding fiscal year. ance on the security and stability of Pakistan. Reconstruction Opportunity Zone pursuant to The first report shall be transmitted not later (C) An evaluation of any issues of financial section 403(a). than 180 days after the date of the enactment of impropriety on behalf of personnel implementing (b) PURPOSES.—The purposes of this title this Act and subsequent reports shall be trans- the assistance. are— mitted not later than December 31 of each year (D) An assessment of the extent to which civil- (1) to stimulate economic activity and develop- thereafter. ian authorities are involved in administration of ment in Afghanistan and the border region of (2) MATTERS TO BE INCLUDED.—The report re- the assistance provided by the United States. Pakistan, critical fronts in the struggle against quired under subsection (a) shall include the violent extremism; SEC. 307. SUNSET. (2) to reflect the strong support that the following: The authority of this Act, other than section (A) A detailed description of the assistance by United States has pledged to Afghanistan and 104 and title IV of this Act, shall expire after Pakistan for their sustained commitment in the program, project, and activity, as well as by ge- September 30, 2013. ographic area. global war on terrorism; TITLE IV—DUTY-FREE TREATMENT FOR (B) A general description of the performance (3) to support the 3-pronged United States CERTAIN GOODS FROM RECONSTRUC- goals established under section 302 and the strategy in Afghanistan and the border region TION OPPORTUNITY ZONES IN AFGHANI- progress made in meeting the goals. of Pakistan that leverages political, military, STAN AND PAKISTAN (C) An evaluation of efforts undertaken by and economic tools, with Reconstruction Oppor- the Government of Pakistan to— SEC. 401. SHORT TITLE. tunity Zones as a critical part of the economic (i) disrupt, dismantle, and defeat al Qaeda, This title may be cited as the ‘‘Afghanistan- component of that strategy; and (4) to offer a vital opportunity to improve live- the Taliban, and other extremist and terrorist Pakistan Security and Prosperity Enhancement lihoods of indigenous populations of Recon- groups in the FATA and settled areas; Act’’. struction Opportunity Zones, promote good gov- (ii) close terrorist camps, including those of SEC. 402. DEFINITIONS; PURPOSES. ernance, improve economic and commercial ties Jamaat-ud-Dawa, Lashkar-e-Taiba, and Jaish- (a) DEFINITIONS.—In this title: between the people of Afghanistan and Paki- e-Mohammed; (1) AGREEMENT ON TEXTILES AND CLOTHING.— stan, and strengthen the Governments of Af- (iii) cease all support for extremist and ter- The term ‘‘Agreement on Textiles and Clothing’’ ghanistan and Pakistan. rorist groups; means the Agreement on Textiles and Clothing (iv) prevent cross-border attacks; referred to in section 101(d)(4) of the Uruguay SEC. 403. DESIGNATION OF RECONSTRUCTION (v) increase oversight over curriculum in Round Agreements Act (19 U.S.C. 3511(d)(4)). OPPORTUNITY ZONES. madrasas, including closing madrasas with di- (2) CATEGORY; TEXTILE AND APPAREL CAT- (a) AUTHORITY TO DESIGNATE.—The President rect links to the Taliban or other extremist and EGORY NUMBER.—The terms ‘‘category’’ and is authorized to designate an area within Af- terrorist groups; and ‘‘textile and apparel category number’’ mean ghanistan or Pakistan described in section (vi) improve counter-terrorism financing and the number assigned under the U.S. Textile and 402(a)(8) (A) and (B) as a Reconstruction Op- anti-money laundering laws, apply for observer Apparel Category System of the Office of Tex- portunity Zone if the President determines status for the Financial Action Task Force, and tiles and Apparel of the Department of Com- that— (1) Afghanistan or Pakistan, as the case may steps taken to adhere to the United Nations merce, as listed in the HTS under the applicable be, meets the eligibility criteria set forth in sub- International Convention for the Suppression of heading or subheading (as in effect on Sep- section (b); Financing of Terrorism. tember 1, 2007). (2) Afghanistan or Pakistan, as the case may (D) A detailed description of Pakistan’s efforts (3) CORE LABOR STANDARDS.—The term ‘‘core be, meets the eligibility criteria set forth in sub- to prevent proliferation of nuclear-related mate- labor standards’’ means— section (c) of section 502 of the Trade Act of 1974 rial and expertise. (A) freedom of association; (19 U.S.C. 2462(c)) for designation as a bene- (E) An assessment of whether assistance pro- (B) the effective recognition of the right to ficiary developing country under that section vided to Pakistan pursuant to this Act has di- bargain collectively; (C) the elimination of all forms of compulsory and is not ineligible under subsection (b) of such rectly or indirectly aided the expansion of Paki- or forced labor; section; and stan’s nuclear weapons program, whether by (D) the effective abolition of child labor and a (3) designation of the area as a Reconstruc- the diversion of United States assistance or the prohibition on the worst forms of child labor; tion Opportunity Zone is appropriate taking reallocation of Pakistan financial resources that and into account the factors listed in subsection (c). would otherwise be spent for programs and ac- (E) the elimination of discrimination in re- (b) ELIGIBILITY CRITERIA.—Afghanistan or tivities unrelated to its nuclear weapons prospect of employment and occupation. Pakistan, as the case may be, meets the eligi- gram. (4) ENTERED.—The term ‘‘entered’’ means en- bility criteria set forth in this subsection if that (F) A description of the transfer or purchase tered, or withdrawn from warehouse for con- country— of military equipment pursuant to title II of this sumption, in the customs territory of the United (1) has established, or is making continual Act, including— States. progress toward establishing— (i) a list of equipment provided; and (5) ENTITY.—The term ‘‘entity’’ means— (A) a market-based economy that protects pri- (ii) a detailed description of the extent to (A) a natural person, corporation, company, vate property rights, incorporates an open rules- which funds obligated and expended pursuant business association, partnership, society, trust, based trading system, and minimizes government to section 203(b) meet the requirements of such any other nongovernmental entity, organiza- interference in the economy through measures section. tion, or group, whether or not for profit; such as price controls, subsidies, and govern- (G) An analysis of a suitable replacement for (B) any governmental entity or instrumen- ment ownership of economic assets; the AH–1F and AH–1S Cobra attack helicopters, tality of a government; and (B) the rule of law, political pluralism, and which includes recommendations for (C) any successor, subunit, or subsidiary of the right to due process, a fair trial, and equal sustainment, training, and any other matters any entity described in subparagraph (A) or (B). protection under the law; determined to be appropriate. (6) HTS.—The term ‘‘HTS’’ means the Har- (C) economic policies to— (H) An assessment of the extent to which the monized Tariff Schedule of the United States. (i) reduce poverty; Government of Pakistan exercises effective civil- (7) NAFTA.—The term ‘‘NAFTA’’ means the (ii) increase the availability of health care ian control of the military, including a descrip- North American Free Trade Agreement con- and educational opportunities;

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(iii) expand physical infrastructure; UNITED STATES.—In determining whether des- apply to any article subject to such proclama- (iv) promote the development of private enter- ignation of a Reconstruction Opportunity Zone tion which is the growth, product, or manufac- prise; and would be compatible with and contribute to the ture of 1 or more Reconstruction Opportunity (v) encourage the formation of capital markets foreign policy and national security objectives Zones if— through microcredit or other programs; of the United States in accordance with sub- (A) that article is imported directly from a Re- (D) a system to combat corruption and brib- section (c)(7), the President shall take into ac- construction Opportunity Zone into the customs ery, such as ratifying and implementing the count whether Afghanistan or Pakistan, as the territory of the United States; and United Nations Convention Against Corruption; case may be, has provided the United States (B)(i) with respect to an article that is an arti- and with a plan outlining specific steps it will take cle of a Reconstruction Opportunity Zone in (E) protection of core labor standards and ac- to verify the ownership and nature of the activi- Pakistan, the sum of— ceptable conditions of work with respect to min- ties of entities to be located in the proposed Re- (I) the cost or value of the materials produced imum wages, hours of work, and occupational construction Opportunity Zone. The specific in 1 or more Reconstruction Opportunity Zones health and safety; steps outlined in a country’s plan shall include in Pakistan or Afghanistan, (2) is eliminating or has eliminated barriers to a mechanism to annually register each entity by (II) the direct costs of processing operations trade and investment, including by— a competent authority of the country and— performed in 1 or more Reconstruction Oppor- (A) providing national treatment and meas- (1) to collect from each entity operating in, or tunity Zones in Pakistan or Afghanistan, and ures to create an environment conducive to do- proposing to operate in, a Reconstruction Op- (III) the cost or value of materials produced in mestic and foreign investment; portunity Zone, information including— the United States, determined in accordance (B) protecting intellectual property; and (A) the name and address of the entity; with paragraph (2), (C) resolving bilateral trade and investment (B) the name and location of all facilities is not less than 35 percent of the appraised disputes; owned or operated by the entity that are oper- value of the article at the time it is entered into (3) does not engage in activities that under- ating in or proposed to be operating in a Recon- the United States; or mine United States national security or foreign struction Opportunity Zone; (ii) with respect to an article that is an article policy interests; (C) the name, nationality, date and place of of a Reconstruction Opportunity Zone in Af- (4) does not engage in gross violations of birth, and position title of each person who is ghanistan, the sum of— internationally recognized human rights; an owner, director, or officer of the entity; and (I) the cost or value of the materials produced (5) does not provide support for acts of inter- (D) the nature of the activities of each entity; in 1 or more Reconstruction Opportunity Zones national terrorism; and (2) to update the information required under in Pakistan or Afghanistan, (6) cooperates in international efforts to elimi- paragraph (1) as changes occur; and (II) the cost or value of the materials pro- nate human rights violations and terrorist ac- (3) to provide such information promptly to duced in 1 or more countries that are members of tivities. the Secretary of State. the South Asian Association for Regional Co- (c) ADDITIONAL FACTORS.—In determining (e) OPPORTUNITY FOR PUBLIC COMMENT.—Be- operation, whether to designate an area in Afghanistan or fore the President designates an area as a Re- (III) the direct costs of processing operations Pakistan as a Reconstruction Opportunity construction Opportunity Zone pursuant to sub- performed in 1 or more Reconstruction Oppor- Zone, the President shall take into account— section (a), the President shall afford an opportunity Zones in Pakistan or Afghanistan, and (1) an expression by the government of the tunity for interested persons to submit their (IV) the cost or value of materials produced in country of its desire to have a particular area views concerning the designation. the United States, determined in accordance (f) NOTIFICATION TO CONGRESS.—Before the designated as a Reconstruction Opportunity with paragraph (2), President designates an area as a Reconstruc- Zone under this title; is not less than 35 percent of the appraised tion Opportunity Zone pursuant to subsection (2) the capability of the country to establish a value of the article at the time it is entered into (a), the President shall notify Congress of the program in the area meeting the requirements of the United States. section 407(d)(3) based on assessments under- President’s intention to make the designation, (2) DETERMINATION OF 35 PERCENT FOR ARTI- together with the reasons for making the des- taken by the Secretary of Labor and the govern- CLES FROM RECONSTRUCTION OPPORTUNITY ignation. ment of the country of such factors as— ZONES IN PAKISTAN AND AFGHANISTAN.—If the (A) the geographical suitability of the area for SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN cost or value of materials produced in the cus- such a program; NONTEXTILE AND NONAPPAREL AR- toms territory of the United States is included TICLES. (B) the nature of the labor market in the area; with respect to an article described in para- (C) skills requirements and infrastructure (a) IN GENERAL.—The President is authorized graph (1)(B), for purposes of determining the 35- needs for operation of such a program in the to proclaim duty-free treatment for— percent appraised value requirement under area; and (1) any article from a Reconstruction Oppor- clause (i) or (ii) of paragraph (1)(B), not more (D) all other relevant information; tunity Zone that the President has designated than 15 percent of the appraised value of the ar- (3) whether the government of the country has as an eligible article under section 503(a)(1)(A) ticle at the time the article is entered into the provided the United States with a monitoring of the Trade Act of 1974 (19 U.S.C. United States may be attributable to the cost or and enforcement plan outlining specific steps 2463(a)(1)(A)); value of such United States materials. the country will take to cooperate with the (2) any article from a Reconstruction Oppor- (d) RULES OF ORIGIN FOR CERTAIN ARTICLES United States to— tunity Zone located in Afghanistan that the OF RECONSTRUCTION OPPORTUNITY ZONES IN AF- (A) facilitate legitimate cross-border com- President has designated as an eligible article GHANISTAN.— merce; under section 503(a)(1)(B) of the Trade Act of (1) IN GENERAL.—The duty-free treatment pro- (B) ensure that articles for which duty-free 1974 (19 U.S.C. 2463(a)(1)(B)); or claimed with respect to an article described in treatment is sought pursuant to this title satisfy (3) any article from a Reconstruction Oppor- paragraph (2) of subsection (a) shall apply to the applicable rules of origin described in sec- tunity Zone that is not a textile or apparel arti- any article subject to such proclamation which tion 404 (c) and (d) or section 405 (c) and (d), cle, regardless of whether the article has been is the growth, product, or manufacture of 1 or whichever is applicable; and designated as an eligible article under section (C) prevent unlawful transshipment, as de- 503(a)(1)(A) or (B) of the Trade Act of 1974 (19 more Reconstruction Opportunity Zones in Af- scribed in section 406(b)(4); U.S.C. 2463(a)(1) (A) or (B)), if, after receiving ghanistan if— (4) the potential for such designation to create the advice of the International Trade Commis- (A) that article is imported directly from a Re- local employment and to promote local and re- sion pursuant to subsection (b), the President construction Opportunity Zone in Afghanistan gional economic development; determines that such article is not import-sen- into the customs territory of the United States; (5) the physical security of the proposed Re- sitive in the context of imports from a Recon- and construction Opportunity Zone; struction Opportunity Zone. (B) with respect to that article, the sum of— (6) the economic viability of the proposed Re- (b) ADVICE CONCERNING CERTAIN ELIGIBLE (i) the cost or value of the materials produced construction Opportunity Zone, including— ARTICLES.—Before proclaiming duty-free treat- in 1 or more Reconstruction Opportunity Zones (A) whether there are commitments to finance ment for an article pursuant to subsection in Afghanistan, economic activity proposed for the Reconstruc- (a)(3), the President shall publish in the Federal (ii) the cost or value of the materials produced tion Opportunity Zone; and Register and provide the International Trade in 1 or more countries that are members of the (B) whether there is existing or planned infra- Commission a list of articles which may be con- South Asian Association for Regional Coopera- structure for power, water, transportation, and sidered for such treatment. The provisions of tion, communications in the area; sections 131 through 134 of the Trade Act of 1974 (iii) the direct costs of processing operations (7) whether such designation would be com- (19 U.S.C. 2151 through 2154) shall apply to any performed in 1 or more Reconstruction Oppor- patible with and contribute to the foreign policy designation under subsection (a)(3) in the same tunity Zones in Afghanistan, and and national security objectives of the United manner as such sections apply to action taken (iv) the cost or value of materials produced in States, taking into account the information pro- under section 123 of the Trade Act of 1974 (19 the United States, determined in accordance vided under subsection (d); and U.S.C. 2133) regarding a proposed trade agree- with paragraph (2), (8) the views of interested persons submitted ment. is not less than 35 percent of the appraised pursuant to subsection (e). (c) GENERAL RULES OF ORIGIN.— value of the product at the time it is entered (d) INFORMATION RELATING TO COMPATIBILITY (1) IN GENERAL.—The duty-free treatment pro- into the United States. WITH AND CONTRIBUTION TO FOREIGN POLICY claimed with respect to an article described in (2) DETERMINATION OF 35 PERCENT FOR ARTI- AND NATIONAL SECURITY OBJECTIVES OF THE paragraph (1) or (3) of subsection (a) shall CLES FROM RECONSTRUCTION OPPORTUNITY

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ZONES IN PAKISTAN AND AFGHANISTAN.—If the forth in the HTS (as in effect on September 1, (G) CATEGORY 639.—An article in category 639 cost or value of materials produced in the cus- 2007): (relating to women’s and girls’ man-made fiber toms territory of the United States is included knit shirts and blouses) if the article is a knit- 237 ...... 641 ...... 751 with respect to an article described in para- to-shape garment that meets the definition in- 330 ...... 642 ...... 752 graph (1)(B), for purposes of determining the 35- cluded in Statistical Note 6 to Chapter 61 of the 331 ...... 643 ...... 758 percent appraised value requirement under HTS, and is provided for in subheading 333 ...... 644 ...... 759 paragraph (1)(B), not more than 15 percent of 6110.30.2061, 6110.30.3057, or 6110.90.9081 of the 334 ...... 650 ...... 831 the appraised value of the article at the time the HTS. 335 ...... 651 ...... 832 article is entered into the United States may be (H) CATEGORY 647.—An article in category 647 336 ...... 653 ...... 833 attributable to the cost or value of such United (relating to men’s and boys’ man-made fiber 341 ...... 654 ...... 834 States materials. trousers) if the article is ski/snowboard pants 342 ...... 665 ...... 835 (e) EXCLUSIONS.—An article shall not be treat- that meets the definition included in Statistical ed as the growth, product, or manufacture of 1 350 ...... 669 ...... 836 Note 4 to Chapter 62 of the HTS, and is provided or more Reconstruction Opportunity Zones, and 351 ...... 733 ...... 838 for in subheading 6203.43.3510, 6210.40.5031, or no material shall be included for purposes of de- 353 ...... 734 ...... 839 6211.20.1525 of the HTS. termining the 35-percent appraised value re- 354 ...... 735 ...... 840 (I) CATEGORY 648.—An article in category 648 quirement under subsection (c)(1) or (d)(1), by 360 ...... 736 ...... 842 (relating to women’s and girls’ man-made fiber virtue of having merely undergone— 361 ...... 738 ...... 843 trousers) if the article is ski/snowboard pants (1) simple combining or packaging operations; 362 ...... 739 ...... 844 that meets the definition included in Statistical or 363 ...... 740 ...... 845 Note 4 to Chapter 62 of the HTS, and is provided (2) mere dilution with water or with another 369 ...... 741 ...... 846 for in subheading 6204.63.3010, 6210.50.5031, or substance that does not materially alter the 465 ...... 742 ...... 850 6211.20.1555 of the HTS. characteristics of the article or material. 469 ...... 743 ...... 851 (J) CATEGORY 659.—An article in category 659 (f) DIRECT COSTS OF PROCESSING OPER- 630 ...... 744 ...... 852 (relating to other man-made fiber apparel) ex- ATIONS.— 631 ...... 745 ...... 858 cept for swimwear provided for in subheading (1) IN GENERAL.—As used in subsections 633 ...... 746 ...... 859 6112.31.0010, 6112.31.0020, 6112.41.0010, (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and 634 ...... 747 ...... 863 6112.41.0020, 6112.41.0030, 6112.41.0040, (d)(1)(B)(iii), the term ‘‘direct costs of processing 635 ...... 748 ...... 899 6211.11.1010, 6211.11.1020, 6211.12.1010, or operations’’ includes, but is not limited to— 636 ...... 750 6211.12.1020 of the HTS. (K) CATEGORY 666.—An article in category 666 (A) all actual labor costs involved in the (2) ARTICLES OF RECONSTRUCTION OPPOR- growth, production, manufacture, or assembly (relating to other man-made fiber furnishings) TUNITY ZONES IN AFGHANISTAN.—The article is except for window shades and window blinds of the article, including— the product of 1 or more Reconstruction Oppor- (i) fringe benefits; provided for in subheading 6303.12.0010 or tunity Zones in Afghanistan and falls within 6303.92.2030 of the HTS. (ii) on-the-job training; and the scope of 1 of the following textile and ap- (iii) costs of engineering, supervisory, quality (4) CERTAIN OTHER ARTICLES.—The article is parel category numbers, as set forth in the HTS the product of 1 or more Reconstruction Oppor- control, and similar personnel; and (as in effect on September 1, 2007): (B) dies, molds, tooling, and depreciation on tunity Zones and falls within the scope of 1 of machinery and equipment which are allocable to 201 ...... 439 ...... 459 the following statistical reporting numbers of the article. 414 ...... 440 ...... 464 the HTS (as in effect on September 1, 2007): (2) EXCLUDED COSTS.—As used in subsections 431 ...... 442 ...... 670 4202.12.8010 ..... 6210.20.3000 ..... 6304.99.1000 (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and 433 ...... 444 ...... 800 4202.12.8050 ..... 6210.20.7000 ..... 6304.99.2500 (d)(1)(B)(iii), the term ‘‘direct costs of processing 434 ...... 445 ...... 810 4202.22.4010 ..... 6210.30.3000 ..... 6304.99.4000 operations’’ does not include costs which are 435 ...... 446 ...... 870 4202.22.7000 ..... 6210.30.7000 ..... 6304.99.6030 not directly attributable to the article or are not 436 ...... 448 ...... 871 4202.22.8070 ..... 6210.40.3000 ..... 6306.22.9010 costs of manufacturing the article, such as— 438 4202.92.3010 ..... 6210.40.7000 ..... 6306.29.1100 (A) profit; and (3) CERTAIN OTHER TEXTILE AND APPAREL AR- 4202.92.6010 ..... 6210.50.3000 ..... 6306.29.2100 (B) general expenses of doing business which TICLES.—The article is the product of 1 or more 4202.92.9010 ..... 6210.50.7000 ..... 6306.40.4100 are either not allocable to the article or are not Reconstruction Opportunity Zones and falls 4202.92.9015 ..... 6211.20.0810 ..... 6306.40.4900 related to the growth, production, manufacture, within the scope of 1 of the following textile and 5601.29.0010 ..... 6211.20.0820 ..... 6306.91.0000 or assembly of the article, such as administra- apparel category numbers as set forth in the 5702.39.2090 ..... 6211.32.0003 ..... 6306.99.0000 tive salaries, casualty and liability insurance, HTS (as in effect on September 1, 2007) and is 5702.49.2000 ..... 6211.33.0003 ..... 6307.10.2030 advertising, and salesmen’s salaries, commis- covered by the corresponding description for 5702.50.5900 ..... 6211.42.0003 ..... 6307.20.0000 5702.99.2000 ..... 6211.43.0003 ..... 6307.90.7200 sions, or expenses. such category: (g) REGULATIONS.—The Secretary of the (A) CATEGORY 239.—An article in category 239 5703.90.0000 ..... 6212.10.3000 ..... 6307.90.7500 Treasury, after consultation with the United (relating to cotton and man-made fiber babies’ 5705.00.2090 ..... 6212.10.7000 ..... 6307.90.8500 States Trade Representative, shall prescribe garments) except for baby socks and baby boo- 6108.22.1000 ..... 6212.90.0050 ..... 6307.90.8950 6111.90.7000 ..... 6213.90.0500 ..... 6307.90.8985 such regulations as may be necessary to carry ties described in subheading 6111.20.6050, 6113.00.1005 ..... 6214.10.1000 ..... 6310.90.1000 out this section. The regulations may provide 6111.30.5050, or 6111.90.5050 of the HTS. 6113.00.1010 ..... 6216.00.0800 ..... 6406.99.1580 that, in order for an article to be eligible for (B) CATEGORY 338.—An article in category 338 duty-free treatment under this section, the arti- (relating to men’s and boys’ cotton knit shirts) 6113.00.1012 ..... 6216.00.1300 ..... 6501.00.6000 6115.29.4000 ..... 6216.00.1900 ..... 6502.00.2000 cle— if the article is a certain knit-to-shape garment 6115.30.1000 ..... 6216.00.2600 ..... 6502.00.4000 (1) shall be wholly the growth, product, or that meets the definition included in Statistical 6115.99.4000 ..... 6216.00.3100 ..... 6502.00.9060 manufacture of 1 or more Reconstruction Oppor- Note 6 to Chapter 61 of the HTS, and is provided 6116.10.0800 ..... 6216.00.3500 ..... 6504.00.3000 tunity Zones; or for in subheading 6110.20.1026, 6110.20.2067 or (2) shall be a new or different article of com- 6116.10.1300 ..... 6216.00.4600 ..... 6504.00.6000 6110.90.9067 of the HTS. 6116.10.4400 ..... 6217.10.1010 ..... 6504.00.9045 merce which has been grown, produced, or man- (C) CATEGORY 339.—An article in category 339 6116.10.6500 ..... 6217.10.8500 ..... 6504.00.9075 ufactured in 1 or more Reconstruction Oppor- (relating to women’s and girls’ cotton knit shirts 6116.10.9500 ..... 6301.90.0020 ..... 6505.10.0000 tunity Zones. and blouses) if the article is a knit-to-shape gar- 6116.92.0800 ..... 6302.29.0010 ..... 6505.90.8015 SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN ment that meets the definition included in Sta- 6116.93.0800 ..... 6302.39.0020 ..... 6505.90.9050 TEXTILE AND APPAREL ARTICLES. tistical Note 6 to Chapter 61 of the HTS, and is 6116.99.3500 ..... 6302.59.3010 ..... 6505.90.9076 (a) DUTY-FREE TREATMENT.—The President is provided for in subheading 6110.20.1031, 6117.10.4000 ..... 6302.99.1000 ..... 9404.90.2000 authorized to proclaim duty-free treatment for 6110.20.2077, or 6110.90.9071 of the HTS. 6117.80.3010 ..... 6303.99.0030 ..... 9404.90.8523 any textile or apparel article described in sub- (D) CATEGORY 359.—An article in category 359 6117.80.8500 ..... 6304.19.3030 ..... 9404.90.9523 section (b), if— (relating to other cotton apparel) except swim- 6210.10.2000 ..... 6304.91.0060 ..... 9404.90.9570 (1) the article is a covered article described in wear provided for in subheading 6112.39.0010, 6210.10.7000 subsection (b); and 6112.49.0010, 6211.11.8010, 6211.11.8020, (2) the President determines that the country 6211.12.8010, or 6211.12.8020 of the HTS. (c) RULES OF ORIGIN FOR CERTAIN COVERED in which the Reconstruction Opportunity Zone (E) CATEGORY 632.—An article in category 632 ARTICLES.— is located has satisfied the requirements set (relating to man-made fiber hosiery) if the arti- (1) GENERAL RULES.—Except with respect to forth in section 406. cle is panty hose provided for in subheading an article listed in paragraph (2) of subsection (b) COVERED ARTICLES.—A covered article de- 6115.21.0020 of the HTS. (b), duty-free treatment may be proclaimed for scribed in this subsection is an article in 1 of the (F) CATEGORY 638.—An article in category 638 an article listed in subsection (b) only if the ar- following categories: (relating to men’s and boys’ man-made fiber ticle is imported directly into the customs terri- (1) ARTICLES OF RECONSTRUCTION OPPOR- knit shirts) if the article is a knit-to-shape gar- tory of the United States from a Reconstruction TUNITY ZONES.—An article that is the product of ment that meets the definition included in Sta- Opportunity Zone and— 1 or more Reconstruction Opportunity Zones tistical Note 6 to Chapter 61 of the HTS, and is (A) the article is wholly the growth, product, and falls within the scope of 1 of the following provided for in subheading 6110.30.2051, or manufacture of 1 or more Reconstruction Op- textile and apparel category numbers, as set 6110.30.3051, or 6110.90.9079 of the HTS. portunity Zones;

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.008 H11JNPT1 jbell on PROD1PC69 with HOUSE H6560 CONGRESSIONAL RECORD — HOUSE June 11, 2009 (B) the article is a yarn, thread, twine, cord- (ii) the continuous filament fiber is extruded (i) an effective visa or electronic certification age, rope, cable, or braiding, and— in, system; and (i) the constituent staple fibers are spun in, or 1 or more Reconstruction Opportunity Zones in (ii) domestic laws and enforcement procedures (ii) the continuous filament fiber is extruded Afghanistan; applicable to covered articles to prevent unlaw- in, (C) the article is a fabric, including a fabric ful transshipment of the articles and the use of 1 or more Reconstruction Opportunity Zones; classifiable under chapter 59 of the HTS, and false documents relating to the importation of (C) the article is a fabric, including a fabric the constituent fibers, filaments, or yarns are the articles into the United States. classifiable under chapter 59 of the HTS, and woven, knitted, needled, tufted, felted, entan- (B) The country has enacted legislation or the constituent fibers, filaments, or yarns are gled, or transformed by any other fabric-making promulgated regulations that would permit U.S. woven, knitted, needled, tufted, felted, entan- process in 1 or more Reconstruction Opportunity Customs and Border Protection verification gled, or transformed by any other fabric-making Zones in Afghanistan; or teams to have the access necessary to investigate process in 1 or more Reconstruction Opportunity (D) the article is any other textile or apparel thoroughly allegations of unlawful trans- Zones; or article that is cut (or knit-to-shape) and sewn or shipment through such country. (D) the article is any other textile or apparel otherwise assembled in 1 or more Reconstruction (C) The country agrees to provide U.S. Cus- article that is cut (or knit-to-shape) and sewn or Opportunity Zones in Afghanistan from its com- toms and Border Protection with a monthly re- otherwise assembled in 1 or more Reconstruction ponent pieces. port on shipments of covered articles from each Opportunity Zones from its component pieces. (2) SPECIAL RULES.— producer of those articles in a Reconstruction (2) SPECIAL RULES.— (A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTI- Opportunity Zone in that country. (A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTI- (D) The country will cooperate fully with the CLES IN THE PIECE, AND CERTAIN OTHER TEXTILES CLES IN THE PIECE, AND CERTAIN OTHER TEXTILES United States to address and take action nec- AND TEXTILE ARTICLES.—Notwithstanding para- AND TEXTILE ARTICLES.—Notwithstanding paragraph (1)(D) and except as provided in subpara- essary to prevent circumvention, as described in graph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, subpara- Article 5 of the Agreement on Textiles and graphs (C) and (D) of this paragraph, subparagraph (A), (B), or (C) of paragraph (1), as ap- Clothing. graph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether a good that (E) The country agrees to require each pro- propriate, shall determine whether a good that is classifiable under 1 of the following headings ducer of a covered article in a Reconstruction is classifiable under 1 of the following headings or subheadings of the HTS shall be considered Opportunity Zone in that country to register or subheadings of the HTS shall be considered to meet the rules of origin of this subsection: with the competent government authority, to to meet the rules of origin of this subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, provide that authority with the following infor- 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, mation, and to update that information as 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90. changes occur: and 9404.90. (i) The name and address of the producer, in- (B) CERTAIN KNIT-TO-SHAPE TEXTILES AND (B) CERTAIN KNIT-TO-SHAPE TEXTILES AND cluding the location of all textile or apparel fa- TEXTILE ARTICLES.—Notwithstanding paragraph TEXTILE ARTICLES.—Notwithstanding paragraph cilities owned or operated by that producer in (1)(D) and except as provided in subparagraphs (1)(D) and except as provided in subparagraphs Afghanistan or Pakistan. (C) and (D) of this paragraph, a textile or ap- (C) and (D) of this paragraph, a textile or ap- (ii) The telephone number, facsimile number, parel article that is wholly formed on seamless parel article that is wholly formed on seamless and electronic mail address of the producer. knitting machines or by hand-knitting in 1 or knitting machines or by hand-knitting in 1 or (iii) The names and nationalities of the pro- more Reconstruction Opportunity Zones in Af- more Reconstruction Opportunity Zones shall be ducer’s owners, directors, and corporate officers, ghanistan shall be considered to meet the rules considered to meet the rules of origin of this and their positions. subsection. of origin of this subsection. (iv) The number of employees the producer (C) CERTAIN DYED AND PRINTED TEXTILES AND (C) CERTAIN DYED AND PRINTED TEXTILES AND employs and their occupations. TEXTILE ARTICLES.—Notwithstanding paragraph TEXTILE ARTICLES.—Notwithstanding paragraph (v) A general description of the covered arti- (1)(D), an article classifiable under subheading (1)(D), an article classifiable under subheading cles of the producer and the producer’s produc- 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, tion capacity. 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, (vi) The number and type of machines the 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or producer uses to produce textile or apparel arti- 9404.90.95 of the HTS, except for an article clas- 9404.90.95 of the HTS, except for an article clas- cles at each facility. sifiable under 1 of such subheadings as of cotton sifiable under 1 of such subheadings as of cotton (vii) The approximate number of hours the or of wool or consisting of fiber blends con- or of wool or consisting of fiber blends con- machines operate per week. taining 16 percent or more by weight of cotton, taining 16 percent or more by weight of cotton, (viii) The identity of any supplier to the pro- shall be considered to meet the rules of origin of shall be considered to meet the rules of origin of ducer of textile or apparel goods, or fabrics, this subsection if the fabric in the article is both this subsection if the fabric in the article is both yarns, or fibers used in the production of textile dyed and printed in 1 or more Reconstruction dyed and printed in 1 or more Reconstruction or apparel goods. Opportunity Zones, and such dyeing and print- Opportunity Zones in Afghanistan, and such (ix) The name of, and contact information for, ing is accompanied by 2 or more of the following dyeing and printing is accompanied by 2 or more each of the producer’s customers in the United finishing operations: bleaching, shrinking, of the following finishing operations: bleaching, States. fulling, napping, decating, permanent stiff- shrinking, fulling, napping, decating, perma- (F) The country agrees to provide to U.S. Cus- ening, weighting, permanent embossing, or nent stiffening, weighting, permanent emboss- toms and Border Protection on a timely basis all moireing. ing, or moireing. of the information received by the competent (D) FABRICS OF SILK, COTTON, MAN-MADE (D) FABRICS OF SILK, COTTON, MAN-MADE government authority in accordance with sub- FIBER, OR VEGETABLE FIBER.—Notwithstanding FIBER OR VEGETABLE FIBER.—Notwithstanding paragraph (E) and to provide U.S. Customs and paragraph (1)(C), a fabric classifiable under the paragraph (1)(C), a fabric classifiable under the Border Protection with an annual update of HTS as of silk, cotton, man-made fiber, or vege- HTS as of silk, cotton, man-made fiber, or vege- that information. table fiber shall be considered to meet the rules table fiber shall be considered to meet the rules (G) The country agrees to require that all proof origin of this subsection if the fabric is both of origin of this subsection if the fabric is both ducers and exporters of covered articles in a Re- dyed and printed in 1 or more Reconstruction dyed and printed in 1 or more Reconstruction construction Opportunity Zone in that country Opportunity Zones, and such dyeing and print- Opportunity Zones in Afghanistan, and such maintain complete records of the production and ing is accompanied by 2 or more of the following dyeing and printing is accompanied by 2 or more the export of covered articles, including mate- finishing operations: bleaching, shrinking, of the following finishing operations: bleaching, rials used in the production, for at least 5 years fulling, napping, decating, permanent stiff- shrinking, fulling, napping, decating, perma- after the production or export (as the case may ening, weighting, permanent embossing, or nent stiffening, weighting, permanent emboss- be). moireing. ing, or moireing. (H) The country agrees to provide, on a timely (d) RULES OF ORIGIN FOR COVERED ARTICLES (e) REGULATIONS.—The Secretary of the basis, at the request of U.S. Customs and Border THAT ARE PRODUCTS OF 1 OR MORE RECON- Treasury, after consultation with the United Protection, documentation establishing the eligi- STRUCTION OPPORTUNITY ZONES IN AFGHANI- States Trade Representative, shall prescribe bility of covered articles for duty-free treatment STAN.— such regulations as may be necessary to carry under section 405. (1) GENERAL RULES.—Duty-free treatment may out this section. (2) DOCUMENTATION ESTABLISHING ELIGIBILITY be proclaimed for an article listed in paragraph SEC. 406. PROTECTIONS AGAINST UNLAWFUL OF ARTICLES FOR DUTY-FREE TREATMENT.—For (2) of subsection (b) only if the article is im- TRANSSHIPMENT. purposes of paragraph (1)(H), documentation ported directly into the customs territory of the (a) DUTY-FREE TREATMENT CONDITIONED ON establishing the eligibility of a covered article United States from a Reconstruction Oppor- ENFORCEMENT MEASURES.— for duty-free treatment under section 405 in- tunity Zone in Afghanistan and— (1) IN GENERAL.—The duty-free treatment de- cludes documentation such as production (A) the article is wholly the growth, product, scribed in section 405 shall not be provided to records, information relating to the place of pro- or manufacture of 1 or more Reconstruction Op- covered articles that are imported from a Recon- duction, the number and identification of the portunity Zones in Afghanistan, struction Opportunity Zone in a country unless types of machinery used in production, the (B) the article is a yarn, thread, twine, cord- the President determines that country meets the number of workers employed in production, and age, rope, cable, or braiding, and— following criteria: certification from both the producer and the ex- (i) the constituent staple fibers are spun in, or (A) The country has adopted— porter.

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(b) CUSTOMS PROCEDURES AND ENFORCE- SEC. 407. TECHNICAL ASSISTANCE, CAPACITY as the case may be, from meeting the require- MENT.— BUILDING, COMPLIANCE ASSESS- ments set forth in paragraph (1) (A) and (B); MENT, AND REMEDIATION PROGRAM. (1) IN GENERAL.— and (a) DEFINITIONS.—In this section: (A) REGULATIONS.—The Secretary of the (III) the steps Afghanistan or Pakistan, as the Treasury, after consultation with the United (1) APPROPRIATE CONGRESSIONAL COMMIT- case may be, will take during the 6-month pe- States Trade Representative, shall promulgate TEES.—The term ‘‘appropriate congressional riod of the extension to implement the require- regulations setting forth customs procedures committees’’ means— ments set forth in paragraph (1) (A) and (B). (A) the Committee on Finance and the Com- similar in all material respects to the require- (3) CONTINUING COMPLIANCE.— mittee on Armed Services of the Senate; and ments of article 502(1) of the NAFTA as imple- (A) TERMINATION OF DUTY-FREE TREATMENT.— (B) the Committee on Ways and Means and mented pursuant to United States law, which If, after making a certification under paragraph the Committee on Armed Services of the House shall apply to any importer that claims duty- (1), the President determines that Afghanistan of Representatives. free treatment for an article under section 405. or Pakistan is no longer meeting the require- (2) TEXTILE OR APPAREL PRODUCER.—The term ETERMINATION.—In order for articles ments set forth in paragraph (1) (A) and (B), (B) D ‘‘textile or apparel producer’’ means a producer produced in a Reconstruction Opportunity Zone the President shall terminate the duty-free of a covered article described in section 405(b) to qualify for the duty-free treatment under sec- treatment proclaimed under section 404(a) or that is located in a Reconstruction Opportunity tion 405, there shall be in effect a determination 405(a). Zone. by the President that Afghanistan or Pakistan, (B) CONTINUATION OF DUTY-FREE TREATMENT (b) ELIGIBILITY.— as the case may be— NOTWITHSTANDING NONCOMPLIANCE.— (1) PRESIDENTIAL CERTIFICATION OF COMPLI- (i) INITIAL 6-MONTH CONTINUATION.—Notwith- (i) has implemented and follows, or ANCE BY AFGHANISTAN OR PAKISTAN WITH RE- standing subparagraph (A), if, after making a (ii) is making substantial progress toward im- QUIREMENTS.—Upon the expiration of the 16- certification under paragraph (1), the President plementing and following, month period beginning on the date on which determines that Afghanistan or Pakistan is no procedures and requirements similar in all mate- the President designates an area within Af- longer meeting the requirements set forth in rial respects to the relevant procedures and re- ghanistan or Pakistan, as the case may be, as a paragraph (1) (A) and (B), the President may quirements under chapter 5 of the NAFTA. Reconstruction Opportunity Zone under section extend the duty-free treatment proclaimed under (2) CERTIFICATE OF ORIGIN.—A certificate of 403(a), duty-free treatment proclaimed under section 404(a) or 405(a) for an initial 6-month origin that otherwise would be required pursu- section 404(a) or 405(a) for articles from such period if the President— ant to the provisions of paragraph (1) shall not Reconstruction Opportunity Zone may remain (I) determines, after consultation with the be required in the case of an article imported in effect only if the President determines and Secretary of Labor and the appropriate congres- under section 405 if such certificate of origin certifies to Congress that Afghanistan or Paki- sional committees, that extraordinary cir- would not be required under article 503 of the stan, as the case may be— cumstances exist that preclude Afghanistan or NAFTA, as implemented pursuant to United (A) has implemented the requirements set Pakistan, as the case may be, from continuing States law, if the article were imported from forth in subsections (c) and (d) with respect to to meet the requirements set forth in paragraph Mexico. such Reconstruction Opportunity Zone; and (1) (A) and (B); and (3) PENALTIES.—If the President determines, (B) has agreed to require textile or apparel (II) publishes in the Federal Register a notice, based on sufficient evidence, that an entity has producers in such Reconstruction Opportunity not later than 30 days after making the deter- engaged in unlawful transshipment described in Zone to participate in the program described in mination under subclause (I), that describes— paragraph (4), the President shall deny for a pe- subsection (d) and has developed a system to en- (aa) the extraordinary circumstances de- riod of 5 years beginning on the date of the de- sure participation in such program by such pro- scribed in subclause (I); and termination all benefits under section 405 to the ducers, including by developing and maintain- (bb) the reasons why the extraordinary cir- entity, any successor of the entity, and any ing the registry described in subsection (c)(2)(A). cumstances preclude Afghanistan or Pakistan, other entity owned, operated, or controlled by (2) EXTENSION.— as the case may be, from continuing to meet the the principals of the entity. (A) INITIAL EXTENSION.—The President may requirements set forth in paragraph (1) (A) and (4) UNLAWFUL TRANSSHIPMENT DESCRIBED.— extend the period for compliance by Afghani- (B). For purposes of this section, unlawful trans- stan or Pakistan under paragraph (1) for an ini- (ii) SUBSEQUENT 6-MONTH CONTINUATION.—The shipment occurs when duty-free treatment for a tial 6-month period if the President— President may extend the duty-free treatment covered article has been claimed on the basis of (i) determines that Afghanistan or Pakistan, proclaimed under section 404(a) or 405(a) for a material false information concerning the coun- as the case may be, has made a good faith effort subsequent 6-month period if, with respect to try of origin, manufacture, processing, or assem- toward implementing the requirements set forth such extension, the President makes a deter- bly of the article or any of its components. For in paragraph (1) (A) and (B) and has agreed to mination that meets the requirements of clause purposes of the preceding sentence, false infor- take additional steps towards implementing (i)(I) and publishes in the Federal Register a no- mation is material if disclosure of the true infor- such requirements that are satisfactory to the tice that meets the requirements of clause (i)(II). mation would mean or would have meant that President; and (C) SUBSEQUENT COMPLIANCE.—If the Presi- the article is or was ineligible for duty-free (ii) provides to the appropriate congressional dent, after terminating duty-free treatment treatment under section 405. committees, not later than 30 days before the under subparagraph (A), determines that Af- last day of the 16-month period specified in (5) MONITORING AND REPORTS TO CONGRESS.— ghanistan or Pakistan, as the case may be, is paragraph (1), a report identifying the addi- U.S. Customs and Border Protection shall mon- implementing the requirements set forth in para- tional steps that Afghanistan or Pakistan, as itor and the Commissioner responsible for U.S. graph (1) (A) and (B) and meets the require- the case may be, has agreed to take as described Customs and Border Protection shall submit to ments of section 403, the President shall rein- in clause (i). Congress, not later than March 31 of each year, state the application of duty-free treatment pro- (B) SUBSEQUENT EXTENSIONS.—The President a report on the effectiveness of the visa or elec- claimed under section 404(a) or 405(a). may extend the period for compliance by Af- tronic certification systems and the implementa- (c) LABOR OFFICIAL.— ghanistan or Pakistan under paragraph (1) for tion of legislation and regulations described in (1) IN GENERAL.—The requirement under this subsequent 6-month periods if, with respect to subsection (a) and on measures taken by Af- subsection is that Afghanistan or Pakistan, as each such extension, the President— ghanistan and Pakistan to prevent circumven- the case may be, has designated a labor official (i) provides an opportunity for public com- tion as described in article 5 of the Agreement within the national government that— ment and a public hearing on the possible exten- on Textile and Clothing. (A) reports directly to the President of Af- sion not later than 45 days before the last day ghanistan or Pakistan, as the case may be; (c) ADDITIONAL CUSTOMS ENFORCEMENT.— of the existing 6-month extension; (B) is chosen by the President of Afghanistan U.S. Customs and Border Protection shall— (ii) consults with the Secretary of Labor and or Pakistan, as the case may be, in consultation (1) make available technical assistance to Af- the appropriate congressional committees with with labor unions and industry associations; ghanistan and Pakistan— respect to the possible extension not later than and (A) in the development and implementation of 45 days before the last day of the existing 6- (C) is vested with the authority to perform the visa or electronic certification systems, legisla- month extension; functions described in paragraph (2). tion, and regulations described in subsection (iii) determines, taking into account any pub- (2) FUNCTIONS.—The functions of the labor of- (a)(1)(A) and (B); and lic comments and input received during the pub- ficial shall include— (B) to train their officials in anti-trans- lic hearing described in clause (i) and the con- (A) developing and maintaining a registry of shipment enforcement; sultations described in clause (ii), that extraor- textile or apparel producers, and developing, in (2) send production verification teams to Af- dinary circumstances exist that preclude Af- consultation and coordination with any other ghanistan and Pakistan as necessary; and ghanistan or Pakistan, as the case may be, from appropriate officials of the Government of Af- (3) to the extent feasible, place Afghanistan meeting the requirements set forth in paragraph ghanistan or Pakistan, as the case may be, a and Pakistan on a relevant e-certification pro- (1) (A) and (B); and system to ensure participation by such program. (iv) publishes in the Federal Register a notice ducers in the program described in subsection (d) AUTHORIZATION OF APPROPRIATIONS.—To that describes— (d); carry out subsection (c), there are authorized to (I) the extraordinary circumstances described (B) overseeing the implementation of the pro- be appropriated to U.S. Customs and Border in clause (iii); gram described in subsection (d); Protection $10,000,000 for each of the fiscal (II) the reasons why the extraordinary cir- (C) receiving and investigating comments from years 2010 through 2023. cumstances preclude Afghanistan or Pakistan, any interested party regarding the conditions

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.008 H11JNPT1 jbell on PROD1PC69 with HOUSE H6562 CONGRESSIONAL RECORD — HOUSE June 11, 2009 described in subsection (d)(2) in facilities of tex- the case may be, and appropriate representa- safety and health, including through legal, reg- tile or apparel producers listed in the registry tives of government agencies, employers, and ulatory, and institutional reform; described in subparagraph (A) and, where ap- workers; (C) to increase awareness of core labor stand- propriate, referring such comments or the result (C) assess compliance by each textile or ap- ards and national labor laws; of such investigations to the appropriate au- parel producer listed in the registry described in (D) to promote consultation and cooperation thorities of Afghanistan or Pakistan, as the case subsection (c)(2)(A) with the conditions set forth between government representatives, employers, may be, and to the entity operating the program in paragraph (2) and identify any deficiencies worker representatives, and United States im- described in subsection (d); by such producer with respect to meeting such porters on matters relating to core labor stand- (D) assisting, in consultation and coordina- conditions, including by— ards and national labor laws; tion with any other appropriate authorities of (i) conducting site visits to facilities of the (E) to assist the labor official of Afghanistan Afghanistan or Pakistan, as the case may be, producer; or Pakistan, as the case may be, designated pur- textile or apparel producers listed in the registry (ii) conducting confidential interviews with suant to subsection (c) in establishing and co- described in subparagraph (A) in meeting the workers and management of the facilities of the ordinating operation of the committee described conditions set forth in subsection (d)(2); and producer; and in subsection (c)(2)(E); (E) coordinating, with the assistance of the (iii) providing to management and workers, (F) to assist worker representatives in more entity operating the program described in sub- and where applicable, worker organizations of fully and effectively advocating on behalf of section (d), a tripartite committee comprised of the producer, on a confidential basis— their members; and appropriate representatives of government agen- (I) the results of the assessment carried out (G) to provide on-the-job training and tech- cies, employers, and workers, as well as other under this subparagraph; and nical assistance to labor inspectors, judicial offi- relevant interested parties, for the purposes of (II) specific suggestions for remediating any cers, and other relevant personnel to build their evaluating progress in implementing the pro- such deficiencies; capacity to enforce national labor laws and re- gram described in subsection (d), and consulting (D) assist the textile or apparel producer in resolve labor disputes. on improving core labor standards and working mediating any deficiencies identified under sub- (e) COMPLIANCE WITH ELIGIBILITY CRITERIA.— conditions in the textile and apparel sector in paragraph (C); (1) COUNTRY COMPLIANCE WITH CORE LABOR Afghanistan or Pakistan, as the case may be, (E) conduct prompt follow-up site visits to the STANDARDS ELIGIBILITY CRITERIA.—In making a and on other matters of common concern relat- facilities of the textile or apparel producer to as- determination of whether Afghanistan or Paki- ing to such core labor standards and working sess progress on remediation of any deficiencies stan is meeting the eligibility requirement set conditions. identified under subparagraph (C); and forth in section 403(b)(1)(E) relating to core (d) TECHNICAL ASSISTANCE, CAPACITY BUILD- (F) provide training to workers and manage- labor standards, the President shall consider ING, COMPLIANCE ASSESSMENT, AND REMEDI- ment of the textile or apparel producer, and any reports produced under subsection (d)(4) ATION PROGRAM.— where appropriate, to other persons or entities, and acceptable conditions of work with respect (1) IN GENERAL.—The requirement under this to promote compliance with paragraph (2). to minimum wages, hours of work, and occupa- subsection is that Afghanistan or Pakistan, as (4) ANNUAL REPORT.—The annual report re- tional health and safety. the case may be, in cooperation with the entity ferred to in paragraph (3)(A)(v) is a report, by (2) PRODUCER ELIGIBILITY.— designated by the Secretary of Labor under the entity operating the program, that is pub- (A) IDENTIFICATION OF PRODUCERS.— paragraph (3)(A)(i), has established a program lished (and available to the public in a readily (i) IN GENERAL.—Except as provided in clause meeting the requirements under paragraph (3)— accessible manner) on an annual basis, begin- (ii), beginning 2 years after the President makes (A) to assess compliance by textile or apparel ning 1 year after Afghanistan or Pakistan, as the certification under subsection (b)(1), the producers listed in the registry described in sub- the case may be, has implemented a program President shall identify on a biennial basis section (c)(2)(A) with the conditions set forth in under this subsection, covering the preceding 1- whether a textile or apparel producer listed in paragraph (2) and to assist such producers in year period, and that includes the following: the registry described in subsection (c)(2)(A) and meeting such conditions; and (A) The name of each textile or apparel pro- in operation for at least 1 year has failed to (B) to provide assistance to improve the ca- ducer listed in the registry described in sub- comply with core labor standards and with the pacity of the Government of Afghanistan or section (c)(2)(A) that has been in operation in labor laws of Afghanistan or Pakistan, as the Pakistan, as the case may be— the Reconstruction Opportunity Zone for at case may be, that directly relate to and are con- (i) to inspect facilities of textile or apparel least 1 year and has been identified as having sistent with core labor standards. producers listed in the registry described in sub- met the conditions under paragraph (2). (ii) EXCEPTION.— The President may identify section (c)(2)(A); and (B) The name of each textile or apparel pro- a textile or apparel producer at any time under (ii) to enforce national labor laws and resolve ducer listed in the registry described in subclause (i) if the evidence warrants such a re- labor disputes, including through measures de- section (c)(2)(A) that has been in operation in view. scribed in paragraph (5). the Reconstruction Opportunity Zone for at (B) ASSISTANCE TO PRODUCERS; WITHDRAWAL, (2) CONDITIONS DESCRIBED.—The conditions least 1 year and has been identified as having ETC., OF DUTY-FREE TREATMENT.—For each tex- referred to in paragraph (1) are— deficiencies with respect to the conditions under tile or apparel producer that the President iden- (A) compliance with core labor standards; and paragraph (2), and has failed to remedy such tifies under subparagraph (A), the President (B) compliance with the labor laws of Afghan- deficiencies. shall seek to assist such producer in coming into istan or Pakistan, as the case may be, that re- (C) For each textile or apparel producer listed compliance with core labor standards and with late directly to core labor standards and to en- under subparagraph (B)— the labor laws of Afghanistan or Pakistan, as suring acceptable conditions of work with re- (i) a description of the deficiencies found to the case may be, that directly relate to and are spect to minimum wages, hours of work, and oc- exist and the specific suggestions for remedi- consistent with core labor standards. If, within cupational health and safety. ating such deficiencies made by the entity oper- a reasonable period of time, such efforts fail, the (3) REQUIREMENTS.—The requirements for the ating the program; President shall withdraw, suspend, or limit the program are that the program— (ii) a description of the efforts by the producer application of duty-free treatment to textile and (A) is operated by an entity that— to remediate the deficiencies, including a de- apparel covered articles of such producer. (i) is designated by the Secretary of Labor, in scription of assistance provided by any entity to (C) REINSTATING DUTY-FREE TREATMENT.—If consultation with appropriate officials of the assist in such remediation; and the President, after withdrawing, suspending, Government of Afghanistan or Pakistan, as the (iii) with respect to deficiencies that have not or limiting the application of duty-free treat- case may be; been remediated, the amount of time that has ment under subparagraph (B) to articles of a (ii) operates independently of the Government elapsed since the deficiencies were first identi- textile or apparel producer, determines that of Afghanistan or Pakistan, as the case may be; fied in a report under this subparagraph. such producer is complying with core labor (iii) has expertise relating to monitoring of (D) For each textile or apparel producer iden- standards and with the labor laws of Afghani- core labor standards; tified as having deficiencies with respect to the stan or Pakistan, as the case may be, that di- (iv) if the entity designated under clause (i) is conditions described under paragraph (2) in a rectly relate to and are consistent with core an entity other than the International Labor prior report under this paragraph, a description labor standards, the President shall reinstate Organization, is subject to evaluation by the of the progress made in remediating such defi- the application of duty-free treatment under International Labor Organization at the request ciencies since the submission of the prior report, section 405 to the textile and apparel covered ar- of the Secretary of Labor, including— and an assessment of whether any aspect of ticles of such producer. (I) annual review of the operation of the pro- such deficiencies persists. (D) CONSIDERATION OF REPORTS.—In making gram; and (5) CAPACITY BUILDING.—The assistance to the the identification under subparagraph (A) and (II) annual recommendations to the entity op- Government of Afghanistan or Pakistan referred the determination under subparagraph (C), the erating the program, the Government of Afghan- to in paragraph (1)(B) shall include programs— President shall consider the reports made avail- istan or Pakistan, as the case may be, and the (A) to review the labor laws and regulations able under subsection (d)(4). Secretary of Labor to improve the operation of of Afghanistan or Pakistan, as the case may be, (f) REPORTS BY THE PRESIDENT.— the program; and to develop and implement strategies for im- (1) IN GENERAL.—Not later than one year after (v) prepares the annual report described in proving such labor laws and regulations; the date of the enactment of this Act, and annu- paragraph (4); (B) to develop additional strategies for pro- ally thereafter, the President shall transmit to (B) is developed through a participatory proc- tecting core labor standards and providing ac- the appropriate congressional committees a re- ess that includes the labor official described in ceptable conditions of work with respect to min- port on the implementation of this section dur- subsection (c) of Afghanistan or Pakistan, as imum wages, hours of work, and occupational ing the preceding 1-year period.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A11JN7.008 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6563 (2) MATTERS TO BE INCLUDED.—Each report title upon consideration of the factors set forth may have 5 legislative days to revise required by paragraph (1) shall include the fol- in section 403 (b) and (c) of this Act, and section and extend their remarks and include lowing: 502 (b) and (c) of the Trade Act of 1974 (19 extraneous material on H.R. 1886. (A) An explanation of the efforts of Afghani- U.S.C. 2462 (b) and (c)). In taking any action to The SPEAKER pro tempore. Is there stan and Pakistan, the President, and entity withdraw, suspend, or limit duty-free treatment objection to the request of the gen- designated by the Secretary of Labor to carry with respect to producers receiving benefits out this section. under section 404 or 405, the President shall con- tleman from California? (B) A summary of each report produced under sider the information described in section 403(d) There was no objection. subsection (d)(4) during the preceding 1-year pe- relating to verification of the ownership and na- Mr. BERMAN. Mr. Speaker, at this riod and a summary of the findings contained in ture of the activities of such producers and any time I would like, for purposes of open- such report. other relevant information the President deter- ing general debate, to yield to the (C) Identifications made under subsection mines to be appropriate. chairman of the House Armed Services (e)(2)(A) and determinations made under sub- (c) NOTICE TO CONGRESS.—The President shall Committee, whom we have worked section (e)(2)(C). advise Congress— very closely with in putting together a (1) of any action the President takes to waive, (g) EVALUATION AND REPORT BY SECRETARY bill that we can now bring to the floor, OF LABOR.— withdraw, suspend, or limit the application of duty-free treatment with respect to Reconstruc- a very good bill. His help and the help (1) EVALUATION.—The Secretary of Labor of his staff, working with our staff, has shall evaluate the monitoring program estab- tion Opportunity Zones in Afghanistan or Paki- lished under this section to determine ways to stan or enterprises receiving benefits under sec- really been just indispensable to the improve adoption and adherence to core labor tion 404 or 405; and progress of this effort. standards and acceptable conditions of work (2) if either Afghanistan or Pakistan fails to I yield 3 minutes to the gentleman with respect to minimum wages, hours of work, adequately take the actions described in section from Missouri (Mr. SKELTON), the and occupational health and safety. To the ex- 403 (b) and (c) of this Act or section 502 (b) and chairman of the House Armed Services tent that producers of nontextile or nonapparel (c) of the Trade Act of 1974 (19 U.S.C. 2462 (b) Committee. articles described in section 404 have established and (c)). Mr. SKELTON. I thank the gen- operations in Reconstruction Opportunity SEC. 410. TERMINATION OF BENEFITS. tleman for yielding. Zones, the report shall also evaluate options for Duty-free treatment provided under this title Mr. Speaker, this measure before the shall remain in effect through September 30, expanding the program to include such pro- House today is very well one of the ducers. 2024. SEC. 411. CUSTOMS USER FEES. most important pieces of legislation (2) REPORT.—Not later than 1 year after the that we will pass regarding national se- date on which Afghanistan or Pakistan, as the (a) IN GENERAL.—The Secretary of the Treas- case may be, has implemented a program under ury shall increase the amount of fees charged curity. this section, the Secretary of Labor shall submit and collected under section 13031(a) of the Con- I first must compliment the chair- to the appropriate congressional committees a solidated Omnibus Budget Reconciliation Act of man, compliment his staff, as well as report that contains the results of the evalua- 1985 (19 U.S.C. 58c(a)) for the provision of cus- the staff of the Armed Services Com- tion required under paragraph (1) and rec- toms services in connection with imports and mittee, who worked diligently to craft ommendations to improve the program under travel from Afghanistan and Pakistan as nec- this piece of legislation. It’s very im- this section and, if applicable, to expand the essary to meet the requirements of subsection portant because Pakistan is very im- program to include producers of nontextile or (b). portant. Pakistan is important to the nonapparel articles. (b) MINIMUM AMOUNT.—The amount of the increase in fees charged and collected under the Middle East and our intentions there. (3) AUTHORIZATION OF APPROPRIATIONS.— Their cooperation, of course, is so very, There is authorized to be appropriated to the authority of subsection (a)— (1) shall not be less than $12,000,000 for the very important. This legislation gives Secretary of Labor such sums as may be nec- period beginning on the date of the enactment essary to carry out this subsection. economic and democratic development of this Act and ending at the close of September (h) AUTHORIZATION OF APPROPRIATIONS.— assistance to that country. 30, 2014; and What is, of course, of great interest There is authorized to be appropriated to carry (2) shall not be less than $105,000,000 for the out this section (other than subsection (g)) to me is the security assistance that period beginning on the date of the enactment we have given Pakistan, some $400 mil- $20,000,000 for the period beginning on October of this Act and ending at the close of September 1, 2009, and ending on September 30, 2023. 30, 2019. lion. I will leave it to the chairman, SEC. 408. PETITION PROCESS. (c) RULE OF CONSTRUCTION.—The amount of the very able chairman, to go into the Any interested party may file a request to the increase in fees charged and collected under details, but I must say that it not only have the status of Afghanistan or Pakistan re- the authority of subsection (a) shall be in addi- provides for training and financing, one viewed with respect to the eligibility require- tion to the amount of fees that would otherwise part that seems to be overlooked so ments listed in this title, and the President shall be charged and collected under section 13031(a) often is the part that deals with the provide for this purpose the same procedures as of the Consolidated Omnibus Budget Reconcili- international military education, those that are provided for reviewing the status ation Act of 1985 (19 U.S.C. 58c(a)) for the provi- which has for a period of time missed of eligible beneficiary developing countries with sion of customs services in connection with im- out with this country of Pakistan, respect to the designation criteria listed in sub- ports and travel from Afghanistan and Paki- sections (b) and (c) of section 502 of the Trade stan. which again is back on our radar, and Act of 1974 (19 U.S.C. 2462 (b) and (c)). (d) TERMINATION OF AUTHORITY.—The au- hopefully will be of great benefit to SEC. 409. LIMITATIONS ON PROVIDING DUTY- thority provided under subsection (a) terminates them as well as to us. It requires cer- FREE TREATMENT. at the close of the date on which the aggregate tain milestones to be met. (a) IN GENERAL.— amount of the increase in fees charged and col- Under the able leadership of this (1) PROCLAMATION.—Except as provided in lected under the authority of subsection (a) chairman, this is an excellent bill. I paragraph (2), and subject to subsection (b) and equals $105,000,000. wholly endorse it. I certainly hope that the conditions described in sections 403 through The SPEAKER pro tempore. After 1 we will get a very, very strong vote be- 407, the President shall exercise the President’s hour of debate on the bill, as amended, cause the future of Pakistan is a cen- authority under this title, and the President it shall be in order to consider the terpiece that we need to be successful shall proclaim any duty-free treatment pursuant amendment in the nature of a sub- for our efforts in that part of the to that authority. stitute printed in part B of the report, world. (2) WAIVER.—The President may waive the application of this title if the President deter- if offered by the gentlewoman from With that, I again thank the chair- mines that providing such treatment is incon- Florida (Ms. ROS-LEHTINEN) or her des- man and compliment him, as well as sistent with the national interests of the United ignee, which shall be considered read, all those who worked on it. States. In making such determination, the Presi- and shall be debatable for 30 minutes, Mr. BERMAN. Mr. Speaker, I thank dent shall consider— equally divided and controlled by the the gentleman from Missouri, the (A) obligations of the United States under proponent and an opponent. chairman of the committee, for his international agreements; The gentleman from California (Mr. kind comments, and I yield myself 3 (B) the national economic interests of the BERMAN) and the gentlewoman from minutes. United States; and Florida (Ms. ROS-LEHTINEN) each will Mr. Speaker, the United States has (C) the foreign policy interests of the United control 30 minutes. an enormous stake in the security and States, including the economic development of The Chair recognizes the gentleman Afghanistan and the border region of Pakistan. stability of Pakistan. We can’t allow al from California. (b) WITHDRAWAL, SUSPENSION, OR LIMITATION Qaeda or any other terrorist group that OF DUTY-FREE TREATMENT.—The President may GENERAL LEAVE threatens our national security to op- withdraw, suspend, or limit the application of Mr. BERMAN. Mr. Speaker, I ask erate with impunity in the tribal re- the duty-free treatment proclaimed under this unanimous consent that all Members gions or any other part of Pakistan.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.008 H11JNPT1 jbell on PROD1PC69 with HOUSE H6564 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Nor can we permit the Pakistani state provide a blank check. We’ve had ex- and to respond effectively to rapidly and its nuclear arsenal to be taken tensive conversation with the adminis- unfolding developments on the ground over by the Taliban. tration, with the Armed Services Com- while still retaining robust account- To help prevent this nightmare sce- mittee, as I mentioned earlier, and ability and congressional oversight of nario, we need to forge a true strategic have made a number of changes to these programs. partnership with Pakistan and its peo- make this legislation and this effort As Members will recall, on March 27, ple, strengthen Pakistan’s democrat work better. the President announced a new strat- government, and work to make Paki- I want to re-enforce the notion this is egy to guide U.S. policy in Afghanistan stan a source of stability in a volatile not a partisan product. This is a bipar- and Pakistan. This strategy focused region. H.R. 1886 is designed to help tisan bill. We are honored to have two our efforts, the U.S. efforts, toward achieve these critical goals. of the most thoughtful and experienced meeting a core goal: to disrupt, to dis- This legislation would significantly Members from the minority side, Mr. mantle and to defeat al Qaeda and its expand democratic, economic, and so- ROYCE and Mr. KIRK, as original co- safe havens in Pakistan, and to prevent cial development assistance to help lay sponsors of this legislation, and we their return to Afghanistan or Paki- the foundation for a stronger, more hope that their actions and this debate stan. stable Pakistan. The bill provides fund- will persuade a majority of both par- As our intelligence agencies have ing to strengthen the capacity of Paki- ties that this is an effort worth sup- made clear, the threats emanating stan’s democratic institutions includ- porting. from al Qaeda and from their allies in ing its Parliament, judicial system, Mr. Speaker, I reserve the balance of Pakistan directly endanger our home- and law enforcement agencies. It calls my time. land security, the survival of Pakistan for increased assistance for Pakistan’s Ms. ROS-LEHTINEN. Mr. Speaker, I as a modern nation-state and the secu- public education system, emphasis on rise in opposition to H.R. 1886, the rity of our friends and allies around the access for women and girls. To help en- Pakistan Enduring Assistance and Co- world. sure that U.S. assistance actually operation Enhancement Act of 2009, The President as well as all of his top reaches the Pakistani people, it re- and I yield myself such time as I may advisers, including Secretary of State quires increased auditing, greater mon- consume. Clinton and Secretary of Defense itoring, and better evaluation. Mr. Speaker, at the beginning of this Gates, insist that this new strategy is H.R. 1886 also provides critical secu- debate, it’s important to emphasize intended to be a framework, not a rity assistance to help the government that Congress and the administration straitjacket, for U.S. policy. That is of Pakistan in its fight against the ex- are united in our goals toward Paki- why Secretary Clinton has emphasized tremists that threaten the national se- stan. We want a long-term partnership that the democratically-elected gov- curity of both Pakistan and the United with a modern, a prosperous, a demo- ernment in Pakistan shares our goals States. To strengthen civilian control cratic Pakistan that is at peace with with respect to tackling militancy, and of the military, H.R. 1886 requires that itself and at peace with its neighbors. that is why she urged that Congress all assistance flow through the Paki- And we want a Pakistan that does not not legislate onerous conditionality stan’s elected civilian government. provide safe haven to al Qaeda, the that might undercut our efforts to And to support the administration’s re- Taliban, and other militant extremist work with Pakistanis who share the in- quest for additional flexibility to ad- groups. terests of the United States. That is dress Pakistan’s urgent security needs, b 1245 also why Ambassador Holbrooke noted the bill authorizes funds for the Paki- before our committee this May that stan Counterinsurgency Capability Mr. Speaker, I appreciate the hard certain legislative conditionality could Fund, or PCCF. The legislation in- work that has gone into my good friend prove seriously counterproductive. cludes some important accountability Chairman BERMAN’s bill. I also recog- provisions to ensure that Pakistan is nize that both amendments in com- While the authors of H.R. 1886 may using our security assistance in a man- mittee, as well as the manager’s have sought to empower our Pakistani ner consistent with U.S. national secu- amendment, have made this a some- partners to undertake the formidable rity interests. An annual Presidential what less objectionable instrument task of fighting and winning against determination is required that deter- than it was at the outset, but it is still violent extremists, it does the oppo- mines whether or not Pakistan is co- worthy of being objected to. site. Further, accountability measures operating with the United States on However, concerns remain, and these for Afghanistan and Pakistan must be nonproliferation, is meeting its com- are not just my concerns, but they are tightly linked to the new U.S. strategy mitment to combat terrorist groups, concerns that, I understand, the White for the region rather than outdated as- and has made progress towards that House, the Defense Department and sessments of the situation in Pakistan end. our own intelligence agencies continue and preconceived notions about the re- Contrary to what some have sug- to have with H.R. 1886. These concerns sponse from our Pakistani partners. gested, these are not rigid or inflexible are particularly acute in light of the Mr. Speaker, we have gone down this conditions that severely constrain the current Pakistani military offensive road before. I recall during the Iraq de- military. We appreciate the urgency of against the Taliban and against other bate in the last Congress Members ex- the situation in Pakistan and the need extremists in the North-West Frontier pressed great distrust for the judgment for appropriate flexibility. We are sim- Province as well as the fact that the of General Petraeus, and they sought ply asking Pakistan to follow through new policy is still evolving. to prejudge the surge strategy before it with the commitments it has already Rather than a forward-looking bill could even be implemented. Let us made. If their President is unable to that addresses the current leadership hope that this will not be repeated make these determinations, then we and the current dynamics in Pakistan, with respect to Pakistan and Afghani- should be asking ourselves much deep- this bill before us, H.R. 1886, focuses on stan, as General Petraeus is now the er questions about what we really hope past actions and failures attributed to chief of Central Command, leading the to achieve in Pakistan. the Pakistani Government, punishing efforts of the Department of Defense in The SPEAKER pro tempore. The the new leadership for the sins of its these countries and, in fact, in the time of the gentleman has expired. predecessors. That is why I will be of- broader theater. Mr. BERMAN. I yield myself 1 addi- fering a comprehensive substitute Why does the executive branch need tional minute. which parallels the results of the ad- great flexibility in trying to execute a If their President is unable to make ministration’s strategic review and strategy in Pakistan? Look what is these determinations, as I mentioned, which fully funds its request for crit- happening on the ground right now. Six we should be asking the deeper ques- ical nonmilitary and certain military weeks of fighting between the Paki- tion of why are we doing this. By in- assistance to Pakistan. stani troops and the Taliban cluding these accountability provisions Unlike the underlying bill, our meas- insurgencies have forced 2 million peo- in this bill, we lay down an important ure provides the necessary flexibility ple from their homes in the Swat Val- marker that Congress will no longer for all U.S. agencies to respond quickly ley and in other northwestern areas.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.023 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6565 According to Islamabad, since the op- Mr. ACKERMAN. Mr. Speaker, I rise utes to the gentleman from Indiana eration began on April 26, 1,305 mili- in strong support of the legislation be- (Mr. BURTON), the ranking member of tants have been killed; 120 have been fore us. I want to thank Chairman BER- the Subcommittee on the Middle East arrested; 105 soldiers have died; and 306 MAN for allowing me to work closely and South Asia. have been injured. In response, the ex- with him on this bill and, more impor- (Mr. BURTON of Indiana asked and tremists have launched a wave of sui- tantly, for his producing such an excel- was given permission to revise and ex- cide bombings and other attacks in La- lent piece of legislation. tend his remarks.) hore and elsewhere across the country. Some may be surprised that I am an Mr. BURTON of Indiana. Mr. Speak- As one Pakistani writer noted, ‘‘The enthusiastic supporter of this bill to er, first of all, let me congratulate our terrorist backlash is principally aimed assist Pakistan. Over the years, I have chairman on crafting a bill that, in at draining public support from the been, unashamedly, one of the most large part, is very good. It increases army’s offensive in Swat and to rattle persistent and aggressive critics of aid to Pakistan by triple in some areas, the political and military establish- Pakistan’s government and of the pre- and I think it’s very positive. It deals ments, weaken national resolve and vious administration’s policies for with economic and humanitarian as- erode public support for the anti-mili- dealing with it. I remain deeply con- sistance that will help Pakistan build tancy campaign.’’ cerned about much of Islamabad’s be- schools, roads and hospitals, and it will Fortunately, Pakistan’s democratic havior, ranging from its cozy relations help Pakistan’s economic infrastruc- government has responded with firm- with native terrorist groups to its ob- ture. All of that is good. I know that ness and with new resolve to persevere sessive belief that India intends to de- the President and the administration and to succeed in our mission. Perhaps vour Pakistan. None of Pakistan’s gov- support that as well. even more importantly, anti-Taliban ernments have demonstrated a persua- But unfortunately—here comes the sentiment among the Pakistani people sive commitment to internal political ‘‘but’’ part—unfortunately, the chair- appears to be increasing in response to or economic reform or to anything ap- man and our Democrat colleagues de- the mayhem that has been unleashed proaching real acceptance of the rule cided to load this bill up with ill-con- by the militants. But these gains are of law. ceived provisions to micromanage U.S. fragile, Mr. Speaker. Winning the Pakistan has been, at best, an ob- security assistance to Pakistan, as the peace could yet prove elusive. There streperous partner on the subject of ranking member just said. This is not could be little doubt that the political proliferation, and like many, I fail to just my opinion. The Secretary of De- and military challenges ahead for the understand what possible reason they fense, Mr. Gates, and the chairman of government and for the people of Paki- could have that could justify the the Joint Chiefs of Staff, Mr. Mullen, stan are, indeed, profound. stonewalling we’ve faced regarding the wrote the Armed Services Committee That is why it is so important to pro- A.Q. Khan proliferation network. I con- last month. Here is what they said: ‘‘The degree of conditionality and vide this administration with flexible tinue to believe that Pakistan’s inter- limitations on security assistance to authorities to carry out its new strat- est in F–16 aircraft is akin to a fetish. Nevertheless, I am a strong supporter Pakistan’’ in H.R. 1886 ‘‘severely con- egy for Afghanistan and Pakistan, fo- of the bill. Why? Very simply, it is strains the flexibility necessary for the cusing on the strategic importance of time our partnership with Pakistan executive branch and the Department Pakistan to the United States and to connects directly to the Pakistani peo- of Defense given the fluid and dynamic the world and focusing on the need for ple. Our previous strategy of depending environment that exists in Pakistan.’’ increased security, for increased gov- wholly upon the government of Paki- Mr. BERMAN. Will the gentleman ernance and for development assistance stan to fight a war most of its people yield? After yesterday, why wouldn’t to help us meet these vitally important detest is not sustainable, and I believe you? goals. it has contributed significantly to the Mr. BURTON of Indiana. I will in a Finally, the rule for this bill made in political instability in that country. minute. Do you remember last night order a self-executing mechanism This bill sets the stage for the United when I asked you to yield? But that’s whereby House Resolution 1318, a bill States to work with Pakistan to pro- okay. I will yield to you in a minute to provide duty-free treatment for cer- mote long-term development and infra- just to show you what kind of a guy I tain goods from designated Reconstruc- structure projects in all areas of Paki- am. tion Opportunity Zones, ROZs, in Af- stan, to establish a real counterinsur- Anyhow, this is a very difficult time ghanistan and Pakistan, will be incor- gency and counterterrorism strategy over there. I would like to say to my porated into the text of H.R. 1886 even and to ensure U.S. access to individuals chairman, if he could see this—Mr. though that legislation has never even suspected of engaging in nuclear pro- Chairman, I hope that you can see this. been marked up in committee. liferation. This legislation will help It’s very important that we look at the While I support the concept of ROZs, Pakistan gain control of its under-gov- situation on the ground in Pakistan this highly irregular maneuver is not erned areas, and it will ensure account- right now. the appropriate approach to take on ability for all U.S. assistance to Paki- The green area is the area that the this serious matter. Although we share stan. government controls. The brown area the majority’s goal, we believe that the In addition to requiring the Presi- is the area that the Taliban controls. Republican substitute that I will offer dent to develop a real security strategy The tan area is where there is a strong later in this debate affords the best and to regularly report back to Con- Taliban presence. The yellow is where means for the United States Congress gress on the effectiveness of our mili- there are federally supported tribal and for the U.S. administration to tary assistance, the act prohibits such areas. Of course, up here in the north is work together to develop an integrated assistance until Pakistan demonstrates the blue North-West Frontier Province. and effective assistance plan to ad- its commitment to shared security If we lose this, if we lose this here, vance our mutual interests in a demo- goals. There are also strong oversight you’ve got a heck of a problem in Af- cratic, stable and prosperous Pakistan and audit requirements for the State ghanistan. That’s the entire border that is a strong partner in the struggle Department and for USAID, and there with Afghanistan. If you lose that, against extremism and that maintains is a requirement for the U.S. Comp- then the President’s goal to stabilize responsible controls over its nuclear troller General to report independently and to win the war in Afghanistan is weapons technology. on the effectiveness of our security as- going to go right down the tubes, and With that, Mr. Speaker, I reserve the sistance. this micromanaging that you’re doing balance of our time. This bill is a tremendous step for- in this bill is not going to be helpful. Mr. BERMAN. Mr. Speaker, I am ward for us in our efforts to bring Now, in the past, I have not agreed very pleased to yield 3 minutes to the peace and stability to South Asia. I with Senator KERRY. In fact, I can’t re- chairman of the Middle East and South would hope that every Member would member ever agreeing with Senator Asia Subcommittee, the gentleman support this legislation. I thank the KERRY. But just to let you know that with whom I just traveled to Pakistan, chairman. there is some bipartisan opposition, I the gentleman from New York (Mr. Ms. ROS-LEHTINEN. Mr. Speaker, at want to read to you what he said. Sen- ACKERMAN). this time, I am pleased to yield 5 min- ate Foreign Relations Chairman JOHN

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.025 H11JNPT1 jbell on PROD1PC69 with HOUSE H6566 CONGRESSIONAL RECORD — HOUSE June 11, 2009 KERRY, Democrat of Massachusetts, assistance unless Pakistan meets cer- they can provide social services to that the author of similar Senate legisla- tain conditions relating to non- nation. As we speak, there are medical tion, Senate bill 962, said, it’s ‘‘overly proliferation, counterterrorism, and doctors from the Pakistani-American restrictive’’ and ‘‘counterproductive.’’ other issues. community that are leaving their ‘‘It sends a message in the Pakistani Mr. BERMAN. Good things. homes here in the United States to go body politic that the people of Paki- Mr. BURTON of Indiana. I don’t un- to Pakistan to help these refugees. stan say, ‘Well . . . we’re just doing derstand you. So let us look at the big picture that their (U.S.) bidding, we’re their lack- Mr. BERMAN. Ensuring that the mis- this legislation provides. The pros- eys, we’re not in control.’ ’’ sion that we are equipping and training perity fund, yes, there are I think that’s counter to the kind of for is committed to a counterinsur- conditionalities, but I would suggest message that we want to send to Paki- gency, not an arms race in South Asia. that they are refrained from the issues stan right now. Mr. BURTON of Indiana. All I can that the distinguished Member in the say, if you read the bill and you listen b 1300 other body spoke to, and we’re going to to the debate and listen to even what work even further. This is a very difficult time. This is Senator KERRY says, with whom I don’t But if our colleagues appreciate the not just a debate between the chairman agree with very much, you see that fact that there are dire conditions that and the ranking member and me. This there is too much micromanaging in the Pakistan military is fighting the is war and peace. It’s the survivability this bill. terrorists, they will help us pass 1886. of Pakistan as an independent country. This is a war over there, and we This bill refers, itself, to the nuclear It’s winning or losing the war in Af- should be supporting our ally in every materials and requires the protecting ghanistan. And we have to remember way possible so the Taliban isn’t vic- of those materials. Do we want to leave that Pakistan is a nuclear power. If the torious. that willy-nilly? Taliban is successful in this area, not Mr. BERMAN. Mr. Speaker, I am This particular legislation also, in es- only will Afghanistan go down the very pleased to yield to someone who, sence, helps to protect women and tubes, but in likelihood, they will have like the previous speaker, the gen- girls, to provide more resources for control of some nuclear weapons. I tleman from Indiana, has spent a great women and girls. It helps to know we’ve got precautions that are deal of time in Pakistan looking at the deradicalize the youth. This legislation being taken to stop that. But in the situation. She chairs the Pakistan Cau- is a stopgap to the crisis and the emer- event this takes place and we lose con- cus. She joined our congressional dele- gency. trol of those nuclear weapons, we’ve gation in Pakistan in the month of I ask my colleagues to read it. This got a real possible conflagration for the April and speaks with great knowledge bill should be passed. whole area in that part of the world. and experience on this subject, the gen- I urge you to support H.R. 1886, The Paki- So I would like to say to the chair- tlelady from Texas, Ms. SHEILA JACK- stan Enduring Assistance and Cooperation man, and I hope in conference com- SON-LEE, for 3 minutes. Enhancement Act. H.R. 1886 establishes a mittee this is changed, that this micro- Ms. JACKSON-LEE of Texas. I thank new, more positive framework for U.S.-Paki- managing that you’re doing to try the very much the distinguished chairman stan relations. The legislation establishes a set tell the Pakistani Government how to of the full committee for both his in- of principles that should govern the U.S.-Paki- conduct its military operations in sight and his leadership, and my good stan relationship, including the actions that the Pakistan, that that is limited or friend, the subcommittee chairman, two countries should take to maintain a robust, stopped. Mr. ACKERMAN, and my doubly good relevant and lasting relationship. The bill is Mr. BERMAN. Will the gentleman friend, Mr. BURTON, who was just on comprised of three titles. yield? the floor of the House who shares with The first title provides Economic, Social and Mr. BURTON of Indiana. I will be me this commitment to Pakistan. Democratic Development Assistance for Paki- happy to yield. Mr. Speaker, the reason why we must stan; the second title provides Security Assist- Mr. BERMAN. This isn’t for a po- go forward today is for the very reason ance for Pakistan; and the third title requires lemic. It’s really just to take what you that our colleagues have been address- the President to develop a regional security said. ing themselves to our colleagues, if you strategy; provides for enhanced monitoring, Number one, I agree completely with will. We have a crisis, a dire crisis in evaluation, and auditing of U.S. assistance; re- the urgency of it. If I didn’t—we don’t Pakistan. There is no time for us to quires a Presidential report on Pakistan, in- have a lot of money—we would not be quarrel over what really are minimal cluding an evaluation on Pakistan’s progress authorizing these sums. We share your differences, if you will. Right now, as in counterterrorism and an assessment of sense of the urgency of the situation. we speak, 21⁄2 million people are home- whether assistance provided to Pakistan is in Secondly, the letter you cite is cor- less. They are fleeing the conflicts in any way facilitating the expansion of Paki- rect. The letter is not correct, but the the Swat area that has been initiated stan’s nuclear weapons program; and requires existence of the letter is correct. But it by the Pakistani Government that is that all assistance to Pakistan be provided was addressed to a bill that had been standing not for America, but is stand- through a civilian government in Pakistan es- introduced. Since the introduction of ing for the freedom of her people. And tablished by free and fair elections. the bill, we have gone through elabo- we must applaud these actions. Pakistan is a critical ally of the United rate negotiations with the House We must look to the leadership of the States. For too long, however, our relationship Armed Services Committee. To deal President, the leadership of the Sec- with Pakistan has been one of fits and starts, with some of the issues that letter was retary of State, who has a strong com- depending on events in the region and who concerned about, we have worked mitment to Pakistan, the policies of happens to be in power in Pakistan. It is time through, both in the supplemental and this new government. Our government for us the United States to forge a truly strain the authorizing committee—— is to recognize Pakistan as an ally. tegic partnership with Pakistan, one that goes The SPEAKER pro tempore. The And so 1886 is a bill that recognizes beyond our mutual interest today in counter- time of the gentleman has expired. comprehensively that we have an equal insurgency and counterterrorism and speaks Ms. ROS-LEHTINEN. I will give the ally that is fighting against terrorism to the everyday needs of the average Paki- gentleman an additional 1 minute be- within their borders. stani. cause we do want to clarify Senator I have been to Peshawar, Islamabad, H.R. 1886 accomplishes these objectives. KERRY’s statements. and any number of the sites visiting The legislation would significantly expand eco- Mr. BURTON of Indiana. Let me just with leaders around the Nation. I have nomic, social and democracy assistance to say to my colleague that there is an been to the schools that are trying to help lay the foundation for a stronger, more unnecessary limitation relating to replace the madrasas. And in this legis- stable Pakistan. In particular, the bill author- Pakistan’s F–16 program that could be lation, we have, for example, a Paki- izes a Pakistan Democracy and Prosperity dealt with by nonlegislative means, stan development and prosperity fund. Fund, a permanent fund in the U.S. Treasury which you’re dealing with that in this Just 3 weeks ago, a hundred-plus for which the United States, along with other bill. It shows that there is no trust: a members of the Pakistani community interested nations, nongovernmental organiza- limitation on State Department-funded met in New York to talk about how tions and even private citizens, can contribute

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.026 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6567 to the prosperous future of Pakistan. The fund in Pakistan where these young people would mining the forces of terrorism.’’ I had the also provides additional flexibility to the State otherwise turn to extremism as their way of pleasure of knowing the late Benazir Bhutto Department in order to provide such assist- life. and losing her in death was truly a tragedy felt ance, thereby responding to the ever dynamic Moreover, it should be noted that the AFL– beyond Pakistan. She made this statement situation Pakistan faces with its on going ef- CIO does not oppose ROZs, as these zones over two years ago, yet is relevant today more forts to counter a domestic insurgency and assist in achieving the delicate balance of than ever. provide humanitarian care for its displaced helping Pakistan establish a better economy, On May 19, 2009, Secretary of State Hillary people. while simultaneously respecting trade restric- Clinton announced $110 million in emergency As much as we must focus on the internal tions here in the United States. On the assistance for the South Asia nation of Paki- conflicts in Pakistan, we must not forget the premise of a new friendship between the stan, including aid for civilians fleeing a mili- external issues affecting the region as a whole United States and Pakistan, we need to sup- tary offensive against Taliban militants in the and the need for stabilization. port H.R. 1886. The ROZ initiative open ave- northwest. The United Nations refugee agency Over the years, U.S. assistance to Pakistan nues for employment and job growth in Af- issued a report stating that more than 1.4 mil- has fluctuate with political events, sending ghanistan and Pakistan, and its impact will lion people in the North West Frontier Prov- mixed messages and leading most Pakistanis help shut down paths that lead to terrorism, ince (NWFP) have been registered as dis- to question both our intentions and our staying warlords and the drug trade. Additionally, I placed since May 2, describing the flood as power. Today, many Pakistanis believe the was a co-sponsor of the original ROZ bill and the largest and swiftest to take place any- United States will cut and run when it serves maintain its importance. where in the world in recent years. our purpose, a belief which undermines our AMENDMENT LANGUAGE The newly-registered internally displaced longterm efforts to defeat extremists, foster I have worked tirelessly with Chairman BER- persons (IDP) took the total number of those democratic change, and support transparent MAN to include several key provisions in this who have fled their homes in the SWAT valley and accountable institutions that promote se- important legislation. First, I am pleased that and surrounding areas to 2 million. the Chairman has included language from my curity and stability in Pakistan. I am hopeful that the $110 million in emer- However, the status quo is not working: past amendments in the legislation which gency assistance will get to the people on the many in the United States believe we are pay- states that the United States recognizes the ground and will be of assistance to them. It is ing too much and getting too little—and most recent major efforts that Pakistan has taken in important that the people of Pakistan see that Pakistanis believe exactly the opposite. With- the SWAT area. Second, my language in- the aid is coming from America to give a face out changing this baseline, there is little likeli- cluded in the former manager’s amendment to this aid. It is essential t global security and hood of drying up popular tolerance for anti- includes language on page 40 in section 206 the security of the United States. U.S. terrorist groups or persuading Pakistani which states that any limitations on the dis- The surge of IDPs followed the launch of a leaders to devote the political capital nec- pensation of military funds to Pakistan should military offensive in late April. President Asif essary to deny such groups sanctuary and be modified or reconsidered if Pakistan has Ali Zardari acted after U.S. officials stepped up covert material support. made rapid compliance with the objectives The bill helps bridge a sustainable U.S.- contained in the section (i.e., those objectives warnings that Islamabad’s willingness to tol- Pakistan partnership through an increased that lead to cooperation with the United erate and negotiate peace deals with the mili- focus on public diplomacy and engagement. States). Additionally, the legislation includes tants was endangering both Pakistan and the H.R. 1886 authorizes a new exchange pro- important language on page 19 that funding wider region. The Taliban fighting spread to gram for Pakistani civil servants and military for education must be used for the education NWFP districts and SWAT. officers in order to foster greater respect for of school girls between the ages of 10–20 and President Obama’s new approach to Paki- and understanding of the principle of civilian that the money should be used to make sure stan is different than anything that has been rule in Pakistan’s military. By building bridges that these girls stay in school. tried before. America has expressed that it will to Pakistan and its people, the legislation is in- I have also worked closely on the Man- support the democratically-elected government tended to provide a new, more positive frame- ager’s Amendment to H.R. 1886, which in- and it will have a clear and transparent rela- work for U.S.-Pakistan relations. Finally, the cludes important language that funding for re- tionship. bill authorizes an extensive increase in military habilitation programs is designed to deter mili- In conclusion, I urge you to support H.R. assistance to help Pakistan wage an effective tary insurgence. It is imperative that United 1886, the Pakistan Enduring Assistance and counterinsurgency campaign against those States security assistance for Pakistan should Cooperation Enhancement Act, which seeks to forces that threaten Pakistan’s national secu- be used for the creation of militant rehabilita- and effectively establishes a new, more posi- rity. tion programs designed to rehabilitate insur- tive and enduring framework for U.S.-Pakistan This legislation establishes a new, more gents and to prevent youth from turning to relations. positive framework for U.S.-Pakistan relations. militancy from the onset. Such militant rehabili- Ms. ROS-LEHTINEN. Before yielding The legislation establishes a set of principles tation programs shall be implemented by mod- time to my distinguished friend from that should govern the U.S.-Pakistan relation- erate Islamic clerics, in keeping with Islamic Florida, I would like to clarify that ship, including the actions that the two coun- tradition. United States security assistance for Senator KERRY was indeed referring to tries should take to maintain a robust, relevant Pakistan should further be used to create in- the bill as amended to the text we’re and lasting relationship. centives for steering insurgents away from considering today. And further, much RECONSTRUCTION OPPORTUNITY ZONES militancy by providing financial support and job reference has been made to the Armed It is important to note that the rule incor- assistance for those militants who effectively Services Committee, as the gentleman porated into this bill a modified version of H.R. renounce their subscription to militancy. I knows from Florida, but the Armed 1318, Afghanistan-Pakistan Security and Pros- would urge that my colleagues support the Services minority did not sign off on perity Enhancement Act. These provisions cre- Manager’s Amendment. I believe that it con- the bill before us due to pending con- ate Reconstruction Opportunity Zones (ROZs) tains language that would be of benefit to the cerns. in Afghanistan and Pakistan, where non-trade- Pakistani people. And with that, I am proud to yield 5 sensitve exports would be permitted to enter CODELS TO PAKISTAN minutes to the gentleman from Florida the U.S. duty-free. I have been to Pakistan many times. My be- (Mr. MILLER), the ranking member on From a broader foreign policy perspective, lief in this country and its relationship with the the Armed Services Subcommittee on the ROZ initiative constitutes an affirmation of United States drove me to co-chair the Paki- Terrorism and Unconventional the importance of the United States attaches stan Caucus. This year alone, I have partici- Threats. to Pakistan and Afghanistan via a long term pated in two Congressional Delegation Trips Mr. MILLER of Florida. I thank the effective economic program that is directly to Pakistan, and I am very passionate about ranking member, and I appreciate you aimed at improving the lives of its people. diplomatic relations between our two coun- bringing up the fact that our friends on ROZs work toward achieving counterinsur- tries. the majority are, again, talking about gency policy goals, as job creation in these Benazir Bhutto, shortly before her death, the bipartisan efforts that have been areas would counter al-Qaeda and Taliban re- said that ‘‘The next few months are critical to made with the Armed Services Com- cruitment efforts by offering alternatives to Pakistan’s future direction as a democratic mittee, all of the extensive negotia- joining the insurgency. Such job creation and state committed to promoting peace, fighting tions that have taken place. I serve on will serve as positive reinforcement for young terrorism and working for social justice. De- the Armed Services Committee. I am people on a path toward building a solid future mocracy is necessary to peace and to under- the ranking member, as Ms. ROS-

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.005 H11JNPT1 jbell on PROD1PC69 with HOUSE H6568 CONGRESSIONAL RECORD — HOUSE June 11, 2009 LEHTINEN just said. There has been ab- But look, the Department of State ance, including a requirement that the solutely no negotiation with any mem- should not be taking the lead in this Government of Pakistan demonstrate a ber of the minority side of the House vital issue. It should be the Depart- sustained commitment to combating Armed Services Committee. ment of Defense. And I think that, ulti- terrorism. The bill aligns Pakistan’s You know, it sounds like a great mately, Members of this body on both defense goals with ours by conditioning thing to support when you look at the sides of the aisle understand that. military aid. Specifically, the bill pro- bill, at least the title of the bill, but So I urge a defeat of this flawed par- vides $400 million a year in military aid when you start looking at it, reading ticular piece of legislation. on the condition that Pakistan cooper- it, listening to the people who it actu- The SPEAKER pro tempore. Without ate in dismantling nuclear supply net- ally is going to affect, like General objection, the gentleman from New works and fighting terrorist groups. David Petraeus who I met at York (Mr. ACKERMAN) may control the The bill will not provide funding for CENTCOM last week and had an oppor- time of the gentleman from California Pakistan to build its forces on the tunity to talk to him about these spe- (Mr. BERMAN). eastern border with India, as the real cific issues, he said it is going to tie There was no objection. threat lies on the western border. To their hands, not allow us to do what we Mr. ACKERMAN. Mr. Speaker, I am this end, the bill would bar the use of need to do and the military needs to do pleased to yield 2 minutes to the gen- foreign military financing to buy or to train and assist in this very impor- tlelady from California (Ms. WATSON.) upgrade F–16 fighter jets with the ex- tant issue. Ms. WATSON. I rise today in support ception of money to finish a 2006 deal. Nobody, I think, has any qualms or of H.R. 1886, the Pakistan Enduring As- I understand the concerns about quarrels with the majority side saying sistance and Cooperation Enhancement Pakistan’s commitment to fighting this is something that needs to be Act, called PEACE, of 2009. terrorism. I myself have concerns done. The issue is a jurisdictional prob- Since President Barack Obama took about Pakistan’s nuclear arsenal and lem with regards to whether State or the reins of our Nation, he has begun to its past history of proliferation. This is DOD has input or actually controls lead us in a new era of foreign policy why, at my request, the report lan- what goes on in this program. based on the theme: listen, learn, then guage accompanying this bill specifi- Look, I’ve been to Pakistan and Af- lead. cally mentions the A.Q. Khan prolifera- ghanistan three times in the last year. This bill introduced by Chairman tion network as a source of concern in I understand what’s going on there. I BERMAN is the beginning of this new the United States and that representa- know how hard the Pakistanis are era of American foreign policy which tives of the United States must have fighting to control what’s going on in will give the President the tools he access to him because they have not their country. We need to do what we needs to bring peace and long-lasting interviewed him. can do to help with the counterinsur- stability to Pakistan. The PEACE Act Pakistan, Mr. Speaker, is a key part- gency problem. But it’s my under- authorizes the President to provide as- ner in South Asian security. Clearly, standing that the President does not sistance for Pakistan to enhance eco- recent events in the Swat Valley dem- support this particular piece of legisla- nomic development, human rights, cul- onstrate that stability in the region is tion and, as has already been said on tural and educational programs, the ju- not just an American concern. We must the floor today, that Senator KERRY dicial system, and democratic institu- move ahead with clear expectations does not support this particular piece tions in order to strengthen civilian and goals, as this bill enumerates, to of legislation. rule and long-term stability. ensure that U.S. aid is being used in So those are the facts. Others may This bill does not allow Pakistan to the most effective manner possible. Ul- not want to necessarily address those use any of this assistance to upgrade or timately, this will benefit both the facts and say that they are, in fact, buy new F–16s or upgrade its nuclear Pakistani people and U.S. strategic in- true, but they are. And I heard a Mem- arsenal. The reporting requirements in terests. This bill, H.R. 1886, does that; ber on the floor of the House yesterday the PEACE Act provide the necessary and I urge my colleagues to support it. trying desperately to get Members to oversight provisions which require Ms. ROS-LEHTINEN. Mr. Speaker, understand and believe that Foreign Pakistan’s government and the Obama before yielding to my good friend from Service members, as a whole, are actu- administration to inform Congress on Texas, I would like to point out, as the ally on the front lines. the progress and uses of our assistance. previous speaker noted, this is sup- Look, the State Department cannot I urge my colleagues to support H.R. posed to be a national security bill, yet compel any State Department em- 1886. the majority tagged on a trade bill to ployee to go into a combat zone. This Ms. ROS-LEHTINEN. I reserve the it, and then, under the rule, attaches it is a DOD issue. This is a counterinsur- balance of our time. to the State bill. gency issue. It needs to be in the bas- Mr. ACKERMAN. Mr. Speaker, I am I am proud to yield 2 minutes to the ket, if you will, of the Department of pleased at this time to yield 2 minutes gentleman from Texas (Mr. BRADY), the Defense. The majority’s tendency to to the gentleman from Virginia (Mr. ranking member on the Ways and use diplomacy for every single thing CONNOLLY). Means Subcommittee on Trade. should not result in a career State De- Mr. CONNOLLY of Virginia. I thank Mr. BRADY of Texas. Mr. Speaker, I partment bureaucrat running a mili- my colleague, Mr. Speaker, and I rise rise in opposition to this bill due to the tary counterinsurgency operation. It in support of H.R. 1886, the Pakistan last-minute addition of the Pakistan just shouldn’t be so. Enduring Assistance Cooperation Act, Afghanistan Recovery Opportunity Look, as I said, they can’t legally and I congratulate our chairman, Mr. Zone bill. compel their people to go into a com- BERMAN, for his leadership. While I commend Congressman VAN bat zone, but what they do is they use This bill is a national security bill. It HOLLEN for his hard work and his money for programs to fly Muslim peo- authorizes military assistance to help strong commitment to this very impor- ple from the United States of America Pakistan disrupt and defeat al Qaeda tant legislation, I am concerned the to Sweden to talk about issues in re- and insurgent elements, including the bill fails to encourage significant in- gards to Islamic outreach, which I have Taliban, and requires that the majority vestment in the Afghan and Pakistan serious concerns with that particular of such assistance be focused on crit- regions under the new trade program. program, but that’s the State Depart- ical counterinsurgency and counterter- And I say that as someone who believes ment and that’s what they want to do. rorism efforts. that trade can be a powerful tool to I think they probably would have help developing countries lift them- thought that the diplomatic efforts b 1315 selves up out of poverty. Unfortu- that Pakistan made in the Swat Valley Additionally, the bill requires that nately, I believe this bill will discour- was the thing that we should have all military assistance flow through age economic development and invest- done. It was not something that should the democratically elected Govern- ment because it includes some dan- have been done, and we know the ment of Pakistan. gerous eligibility criteria that will Taliban broke the truce real quickly The legislation includes account- drive away investment and require after that was done. ability measures for military assist- each firm, including U.S. firms, there

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.030 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6569 to meet labor standards that could ex- Third, to date, Pakistan has taken us exceed U.S. law. Given the dire secu- ceed U.S. law in such a way that will for a ride. Since 9/11, we have provided rity situation there, having inspectors create a dangerous precedent that Pakistan with some $12.3 billion. We go from door to door, even cottage to could be applied to our own free-trade spent billions before that. I’ve been to cottage, to enforce such standards agreements, making U.S. labor laws Pakistan a number of times; I have strains credibility. vulnerable to challenge from foreign seen what has happened without condi- Moreover, this standard exceeds the countries. tions. I have also seen the need there. labor provisions in other preference And the scope of the eligible products A school that I visited in the North- programs and even our trade agree- in the bill, unfortunately, have been West Frontier has now been blown up, ments negotiated under the bipartisan whittled down—I know there have been and madrasas now educate kids there May 10 standard for FTAs both lauded difficult negotiations to try and broad- in jihad. I have been to Peshawar. I’ve by the Speaker and Chairman RANGEL. en that—and it imposes fees on certain been to the regions where this mili- It could be viewed as a precedent to Pakistan products in return for sales of tancy has to be confronted. justify the inclusion of similar lan- others; again, sort of, I think, a trade- Little has improved without condi- guage, not only in new trade agree- off that has been difficult to swallow. tions, and there has been significant ments, but perhaps even in efforts to I am concerned that this measure, waste and corruption. So this legisla- revise existing ones, which would, of despite its excellent intentions—and tion is the proposal we have with the course, apply to us as well, leaving the again, very hard work from Congress- best conditions. It best conditions that United States vulnerable to challenges man VAN HOLLEN—will fall short of its aid. It takes the position that while we that our labor laws don’t meet this objectives to bring economic stability must work with the Pakistani Govern- standard. to this very difficult region. ment, our experience demands greater I am also concerned about the pay- I would point out, too, we are doing a accountability from that government. for. For every dollar of duty relief that lot to open up America to foreign coun- No blank checks. That the Pakistan reconstruction opportunity zone ex- tries. We’ve had six votes to open up Government denounces this bill’s con- ports from these countries receive, America to foreign sales, but no votes ditions, frankly, should be a selling other Pakistani and Afghan exports to open up other countries to what we point. have to pay at least that amount in in- sell. It’s not enough to buy American; I do, however, have one significant creased fees, making these countries we need to sell American products reservation. The trade provision that potentially worse off than they are throughout the world. And in this eco- the Rules Committee majority added right now. nomic recession, we have three pending to this bill is sheer window dressing. As Lastly, I am disappointed that this is trade agreements that would allow us this bill goes to conference with the my first opportunity to explain my to sell $11 billion of American products Senate, as the process continues, this concerns. This bill was not even consid- around the world to create jobs here in trade provision must be liberalized. In- ered by the Ways and Means Com- the United States that are being held creasing trade should be an important mittee, which, again, it’s not about the up, not brought to a vote on the floor. goal. committee but again this denies the We need to get our priorities right. As In short, the situation in Pakistan is American people their voice. This is we help lift countries up, let’s lift dire, and with its nuclear arsenal, the not the return to regular order we were American jobs up as well. stakes could not be any higher. We promised by the Speaker. And I fear The SPEAKER pro tempore. Without need all the accountability we can get. this is not the last time this month I objection, the gentleman from Cali- And that’s why I support this bill. will be on the floor raising that con- fornia (Mr. BERMAN) reclaims his time Ms. ROS-LEHTINEN. Mr. Speaker, I cern. from the gentleman from New York am so proud to yield 3 minutes to the The provision also subverts the pre- (Mr. ACKERMAN). gentleman from Michigan (Mr. CAMP), rogatives out of the House by turning There was no objection. the ranking member on the Committee an aid bill into a revenue measure, ripe Mr. BERMAN. Mr. Speaker, I am on Ways and Means. very pleased to yield 3 minutes to the Mr. CAMP. I thank the gentlewoman for mischief when it gets to the other ranking member of the Terrorism Non- for yielding. side of the Capitol. proliferation and Trade Subcommittee I strongly oppose H.R. 1886, in par- Because of all of this, I strongly op- of the Foreign Affairs Committee, a co- ticular, language inserted at the Rules pose the legislation in its current form. sponsor of the legislation and another Committee to create a new, but poorly I urge my colleagues to vote against member of the congressional delega- designed, trade preference program for the measure. tion that went to Pakistan last month. Afghanistan and Pakistan. Mr. BERMAN. Mr. Speaker, I am In fact, everybody who went to Paki- While I would support a well-designed pleased to yield 2 minutes to the prin- stan with me is supporting this bill. I program to create jobs and spur eco- cipal cosponsor of the legislation, the should have taken more people. But I nomic development, this legislation is gentleman from Illinois (Mr. KIRK). yield to the gentleman from California deeply flawed. First, it brings virtually Mr. KIRK. I thank the chairman. (Mr. ROYCE). no economic benefit because the prod- I want to praise the chairman and his Mr. ROYCE. I rise in support of this uct mix is stingy—an economic fig leaf team for putting together a bipartisan very important legislation, and I think that should fool no one. bill regarding our assistance to Paki- there are a few points that we should My second objection is even more stan. This is a very critical region for keep in mind. fundamental. While the bill is light on the United States and assistance is au- The first is that Pakistan is a tinder- commercial benefits, it is heavy on in- thorized under this legislation, and box; its government is very weak, and trusive, impractical labor require- necessary. But as was stated before, social and economic trends are moving ments that could exceed U.S. law. Now, when Colin Powell called the President in the wrong direction and that is fos- I very much support improving labor of Pakistan right after September 11, tering extremism. The Pakistan Gov- conditions; but these new, unneces- he offered a choice: you’re either with ernment has killed many militants sarily onerous labor criteria would im- us or against us. And President over the last few weeks, but the insur- pede investment and won’t improve Musharraf picked well. Under that ar- gency remains potent. And, clearly, labor conditions. rangement, we did provide $12 billion Pakistan is going to be troubled for Specifically, this legislation requires to Pakistan but largely without strings some time. the Secretary of Labor to designate attached. And the Pakistani effort Second, this region is the center of any entity to conduct firm-level in- against the militants, especially in the international terrorism. And most im- spections in Afghanistan and Pakistan frontier autonomous region, was ini- portantly, Pakistan has a growing nu- to ensure compliance with ‘‘core labor tially aggressive but then petered out. clear arsenal. Now, we can either stay standards,’’ even an NGO hostile to The United States was providing $16 engaged and try to shape events, or go trade. This vague language subjects million a month to the Pakistani mili- to the sidelines and see a bad situation firms to arbitrary standards that could tary but after 2005 was receiving little become a possible disaster. exceed U.S. law—I repeat, that could benefit.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.031 H11JNPT1 jbell on PROD1PC69 with HOUSE H6570 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Under the new government, that is, sure that any entity that is being used, lation of the war in Afghanistan, is a unquestionably, a democratic govern- whether it’s military or certainly their much more effective way to address ment, I think we have a more stable nuclear weapons, do not fall into ter- terrorism and our national security. partner to deal with in the war on terrorists’ hands or into other hands. I’m greatly encouraged by the goals of ror, specifically in what the Pentagon We’ve made sure, under the leadership this legislation, which aims to put would call the ‘‘al Qaeda core.’’ With of Ms. LEE, who’s on this committee, United States ‘‘smart power’’ to work, this new government really rep- with the chairman’s manager’s amend- which many of us have been talking resenting the essence of the Pakistani ment, that we have safeguards in here about for many years. The smart middle class, we now take on their true to make sure that none of these funds power. This helps to reshape our rela- aspirations in which the central issue are used to even expand their nuclear tionship with Pakistan based on a for the long term is not nuclear com- capacity. long-term commitment to social, eco- petition with India, but how quickly This is an extraordinary bill at an ex- nomic and political development. The Pakistan is falling behind India’s rising traordinary time. It is heavily bipar- legislation integrates key benchmarks economic growth. tisan, and I commend the chairman on and limitations absent in previous aid In that view, then, a bunch of radi- an excellent piece of legislation. packages which resulted in really $10 cals ruining the economic and business The SPEAKER pro tempore. The gen- billion in United States aid since 2001, climate of Pakistan is a mortal danger tleman from California has 71⁄2 minutes yielding little or no results or progress to the future income of Pakistanis. On remaining. The gentlewoman from on many fronts in Pakistan. So you that basis, a war on terror is solidly Florida has 61⁄2 minutes remaining. can imagine why some of us initially grounded in democracy, in the Paki- Ms. ROS-LEHTINEN. I yield myself were very skeptical of this. stani middle class, and the joint inter- as much time as I may consume. This legislation also seeks to reshape est to the United States. But this bill Mr. Speaker, as we have noted here the U.S.-Pakistan relationship by reflects what we have learned over the on the floor, too often the relationship shifting unconditional United States last 5 years, that strings should be at- between the United States and Paki- military assistance away from this his- tached, that benchmarks should be es- stan has been characterized by mutual torical trend of exclusively uncondi- tablished, that we should have ac- frustration engendered by a growing tional military assistance. I want to countability in that very difficult part trust gap. And while the leaderships of make that point very clear. This is not of the world. the two countries place a high value on unconditional. This is conditional. And I will also praise this bill because it our relationship, their publics and it also provides a two-to-one ratio in is probably the only free trade bill this their legislatures have viewed each terms of the development assistance, Congress will adopt, and it represents a other with suspicion and depicted each economic assistance, social and demo- true bipartisan will that will help add other as unreliable allies. But with the cratic priorities, which we all believe to the employment of Pakistan and advent of a new administration, both we should support. stability of that country. in Pakistan and in the United States, Simply put, this bill really reflects Mr. BERMAN. Mr. Speaker, I am we’re offered a window of opportunity the sentiments shared by many of my very pleased to yield 2 minutes to the to redefine, to recalibrate relations. colleagues, that the national security vice Chair of the Subcommittee on Both sides need to guard against un- of our Nation hinges upon much more Terrorism, Nuclear Nonproliferation, realistic expectations but be prepared than military might. Instead, it hinges and International Trade of the Foreign to engage in an honest dialogue; and upon the success of diplomatic and de- Affairs Committee, the gentleman therein lies the rub, Mr. Speaker. As a velopment efforts around the globe. from Georgia (Mr. SCOTT). Pakistani civil society leader and a The SPEAKER pro tempore. The Mr. SCOTT of Georgia. Mr. Chair- close confidant of the late Benazir time of the gentlewoman has expired. man, thank you very much. Bhutto has said, ‘‘Conditioning aid Mr. BERMAN. I yield the gentle- This is really the most critical, the turns on its head the very rationale for woman 30 additional seconds. most important piece of legislation assistance to stabilize Pakistan and Ms. LEE of California. Let me just facing us right now. The situation in empower it to deal more effectively say that as a supporter of nonprolifera- Pakistan is very tenuous; it is very with security challenges. An approach tion efforts all of my life, I am very critical. We have before us a very sig- that treats Pakistan from the para- pleased and want to thank Chairman nificant piece of legislation that has digm of ‘hired help’ rather than ‘valued BERMAN for working with myself and been expertly crafted. Yes, trade is a ally’ is deeply counterproductive. It other members of the committee to ad- part of it because trade is important at only reinforces the transactional na- dress the concerns regarding the poten- this time to make sure that we are able ture of ties that are so resented by tial expansion of Pakistan’s nuclear to help sustain the economy of Paki- Pakistanis.’’ program. I wanted to make sure that stan at this very critical time. Mr. Speaker, our overarching goal the possible fungibility of these funds Pakistan is in a fragile situation. should and, indeed, must be—do no was not a factor. In President Obama’s Military aid is in here, yes, because harm. Unfortunately, the bill before us bold and brilliant speech in Cairo last Pakistan needs this. But we have the could hamper, rather than help, vital week, he strongly reaffirmed America’s safeguards here because, let me just U.S. security and strategic objectives commitment to seek a world in which say, the other side mentioned some- regarding Pakistan and Afghanistan. no nation holds nuclear weapons. So we thing a little while back about the De- With that, I reserve the balance of wanted to make sure that that was the partment of Defense and their role. Let my time. case here with Pakistan in this bill and us go back for an example in Afghani- Mr. BERMAN. Mr. Chairman, I am that we minimized any type of stan. very pleased to yield 2 minutes to a fungibility of funds. In Afghanistan, we do not want an- member of the committee, my friend Ms. ROS-LEHTINEN. Mr. Speaker, other repeat of the very significant from California, the gentlewoman BAR- I’m pleased to yield 1 minute to the problem that the Department of De- BARA LEE. gentleman from California (Mr. ROHR- fense had in Afghanistan with losing— Ms. LEE of California. Mr. Speaker, ABACHER), the ranking member of the yes, losing—significant military equip- first let me thank the chairman for his Subcommittee on International Orga- ment to the Taliban. very effective work on this bill and for nizations, Human Rights and Over- your leadership and for really bringing sight. b 1330 this forward to the committee so that Mr. ROHRABACHER. I rise in opposi- The U.S. taxpayers deserve better, all of us could have an opportunity to tion to this effort to send billions of and in this bill we are giving them bet- weigh in, and talk about, and amend, more dollars to Pakistan. I have ter. We are giving the oversight. In es- and include many of the provisions reached my threshold with Pakistan. sence, we are making sure that aid that we believe allowed us to come to We have sent them billions upon bil- that we give to Pakistan is properly this floor today to support this bill. lions of dollars, and we still have an used, that oversight is in place, that I believe, like many believe, that ad- anti-American sentiment all the way benchmarks are in place. We’re making dressing Pakistan, rather than an esca- through that government. They were

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.032 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6571 our friends during the Cold War. Yes, serve in Iraq or they might lose their According to the World Health Orga- they sided with us against the Soviet jobs. They actually called going over to nization, maternal mortality is an in- Union. The Cold War is over. It is long Iraq and Afghanistan a potential death dicator of disparity and inequity be- over. And since that time, the leaders sentence. So these are State Depart- tween men and women and reflects a of Pakistan have allied themselves ment employees, diplomats—the same woman’s so-called place in society and with the most radical elements of ones we’re asking to go to Pakistan their ultimate access to social health, Islam who hate the United States; and and Afghanistan, which is arguably the nutritional services and to economic the Pakistani officials and the ISI, most dangerous area right now in the opportunities. In this case, Pakistan’s their CIA, have been working in con- entire world. We’re asking them to go maternal mortality rate speaks of the junction with these radical Islamicists over, the exact same people who called great challenges facing Pakistani in Saudi Arabia and elsewhere ever going over to Iraq a potential death women. since. We should not be sending them sentence. b 1345 billions and billions of more dollars. I would equate this to sending dip- We should be seeking, instead, to start lomats to Katrina-destroyed New Orle- Over 400 women die per 100,000 live relying on relationships with India, ans in 2005 instead of the National births in Pakistan, and, for compari- Russia and other countries that will be Guard. We’re going to send diplomats son, that is compared to 11 per 100,000 more reliable allies. I’m sorry that I’m to Louisiana. We aren’t going to send in the United States. having to say that we should be writing the National Guard. We aren’t going to It is the aim of my amendment to off a country like this. Let’s focus on send emergency services. We’re going make clear that the U.S. aid author- Afghanistan and quit sending billions to send diplomats. So as opposed to ized in this bill addresses this chal- of dollars to Pakistanis. giving General Petraeus, as the Presi- lenge. We need to make it unmistak- Mr. BERMAN. Mr. Speaker, I yield dent asked for, funding to help out in ably clear, Mr. Speaker, that address- myself 15 seconds. Pakistan and Afghanistan, we’re going ing that nation’s high child and mater- Just remember, a decision at this to send diplomats so they can talk to nal mortality rates is a key part of our point to give up on Pakistan, it is the Taliban and they can talk to al assistance to Pakistan. We know that Pakistan that is providing sanctuary Qaeda. They can talk to the mad men these interventions will save these for the people who are fighting us in who cut off people’s heads. That’s what women’s lives and ultimately save the Afghanistan. It is Pakistan who has the State Department is going to do. nation. nuclear weapons. This is the wrong move. The Repub- Again, I thank the chairman for his I now yield 2 minutes to the gen- licans have it right this time. Give the support. tleman from Texas (Mr. AL GREEN). President full authority, Let him come The SPEAKER pro tempore. The gen- Mr. AL GREEN of Texas. Thank you, up with a plan, and let General tleman from California (Mr. BERMAN) Mr. Chairman. Petraeus implement that. The Repub- has 11⁄4 minutes remaining and the I’m supporting this legislation be- lican substitute is the right way to go. right to close, and the gentlewoman cause it addresses both war and peace. We need to make sure that Pakistan is from Florida (Ms. ROS-LEHTINEN) has And if I may, I’d like to focus on the fighting for Pakistan and that Paki- 11⁄2 minutes remaining. peace initiative because, truth be told, stan doesn’t think it’s only fighting for Ms. ROS-LEHTINEN. Mr. Speaker, I the great issue of our time is not American dollars. That’s what we need yield myself the balance of my time. whether a superpower can police the to do. Mr. Speaker, I feel like I am experi- world. A superpower can police the Once more, as a United States Ma- encing deja vu. The seemingly same ar- world. The great issue of our time is rine that saw State Department inept- guments that opponents of General whether a superpower can bring peace ness and cowardice while I was in Af- Petraeus and his Iraq surge strategy to the world. ghanistan, it’s almost personally in- used just under 2 years ago about Iraqis This piece of legislation helps us not sulting that we’re going to pull the and the Iraqi government and their only with war but also with peace be- funding from General Petraeus and commitment to fighting extremist cause it helps us with economic devel- give it to those State Department cro- groups, they are making an appearance opment. It helps us to give people the nies. today in this Chamber with respect to opportunity to take care of themselves The SPEAKER pro tempore. The gen- Pakistan. and sustain themselves, but it also tlewoman from Florida has 11⁄2 minutes U.S. commanders have just begun to helps us with education. The wealth of remaining. The gentleman from Cali- assess the situation on the ground to a nation is the education of its people. fornia has 31⁄4 minutes remaining. determine the need to implement that It helps us to bring the peace and sta- Mr. BERMAN. Mr. Chairman, I am new strategy, and some of the speakers bility that will be needed when the war very pleased to yield 2 minutes to the today are already tying the U.S.’ hands is over. War can help us to provide a gentlewoman who has made a signifi- while prejudging the response of Paki- certain degree of security, but it won’t cant contribution to this legislative ef- stan. We should be focusing on success, provide the salvation that we need to fort, the gentlewoman from Wisconsin on prevailing against al Qaeda, pre- have the peace. (Ms. MOORE). vailing against the Taliban, not antici- I support this bill because it helps us Ms. MOORE of Wisconsin. Mr. Speak- pating failure. when the war is over to have the peace er, I want to thank Chairman BERMAN While the authors of this bill seek to and stability that Pakistan will need. I for working with me so closely to in- empower our Pakistani partners to thank you, Mr. Chairman. It’s a great clude provisions in H.R. 1886 to ensure confront insurgency and militarism, I piece of legislation. that the empowerment, protection and feel that this bill will actually inad- The SPEAKER pro tempore. The gen- human rights of women are an impor- vertently have a counterproductive im- tlewoman from Florida has 31⁄2 minutes tant purpose for our aid to Pakistan pact by potentially making the Paki- remaining. and to help address the high rate of stani government appear subservient Ms. ROS-LEHTINEN. At this point I maternal mortality in Pakistan. to the United States, as Senator KERRY am very pleased to yield 2 minutes to As Secretary of State Clinton noted suggested. This bill could weaken Pak- Mr. HUNTER of California. earlier this year, the status of women istani democracy as well as could po- Mr. HUNTER. Mr. Speaker, let me and girls is a key indicator of whether tentially fuel paranoia, wild conspiracy say this: I have served in Iraq two or not progress is even possible in a so- theories that help give rise to that times as a United States Marine, and I ciety. We simply can’t solve the global country’s visceral and deep-seated served in Afghanistan once. When I was problems confronting us—from the anti-American feelings. over there in 2007, I was fighting, and worldwide financial crisis to the risk of So I urge my colleagues to look at in October of 2007, word came across climate change, chronic hunger, dis- this bill, examine carefully what we from here in the States that said sev- ease, poverty—when the energies and are doing to our military, what we are eral hundred State Department em- talents of hundreds of millions of peo- doing to this new administration, and ployees expressed their resentment ple, half the world’s population is left come to the correct conclusion that over a policy that could force them to behind. they should oppose this bill.

VerDate Nov 24 2008 02:29 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.036 H11JNPT1 jbell on PROD1PC69 with HOUSE H6572 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Mr. BERMAN. Mr. Speaker, I yield Mr. DRIER. Mr. Speaker, this week we are that are currently creating the only economic myself the balance of my time. considering a number of foreign policy bills opportunity that exists in Pakistan. It would Mr. Speaker, just a few points. There that affect critically important issues. Yester- also set a very dangerous precedent for future was reference here to the F–16s. There day we considered H.R. 2410, the State De- attempts to spur development and poison our is nothing in this bill that prohibits partment Reauthorization Act. Today we are efforts to create opportunity elsewhere in the the Pakistanis from deciding to buy considering two proposals, which have been developing world. more F–16s. Two years ago they signed joined together in one bill, H.R. 1886, to pro- All three foreign policy proposals before us a contract indicating that that is what vide assistance to Pakistan. The first proposal this week represent nothing more than three they were going to do. What this legis- provides funding to help Pakistan develop its very unfortunate missed opportunities. I am lation does is say other than some spe- institutions and provide economic development truly disappointed that we have not had the cific adjustments particularly to deal for its people, in order to help combat the opportunity to get these bills right, as they with utilizing the F–16s they already growing terrorist threat that is within its bor- deal with such critically important issues. I have, in the counterinsurgency, we are ders and that fuels the conflict in Afghanistan. hope very much that in the future, we can not going to give our taxpayer dollars The second proposal also seeks to bolster de- have an open, bipartisan process that allows for a weapons system, an airplane, velopment in Pakistan, as well as Afghanistan, us to effectively and appropriately deal with whose counterinsurgency interests are by creating duty-free zones along their shared the key national security issue of foreign as- far less important than other equip- border to encourage new investment and pro- sistance. ment or training we could be providing. vide access to the U.S. market. Mr. VAN HOLLEN. Mr. Speaker, I rise today Secondly, Admiral Mullen came to These are all very worthy ideas. Foreign as- in support of the Afghanistan-Pakistan Secu- see me about the problems of utilizing sistance, particularly capacity building, plays a rity and Prosperity Enhancement Act. The leg- the traditional security assistance pro- critical role in bolstering our national security, islation, originally introduced as H.R. 1318, gram for providing the kind of equip- when it is done right. By helping our partners was subsequently incorporated into H.R. 1886, ment that is needed for the counterin- in the developing world to strengthen the rule to authorize Democratic, Economic and Social surgency in Pakistan. As a result of of law, build transparent and accountable insti- Development Assistance for Pakistan, intro- the case he made, we have created and tutions, and spur the kind of economic devel- duced by Congressman BERMAN, the Chair- worked with the Armed Services Com- opment that improves standards of living, we man of the Committee on Foreign Affairs. This mittee to create an entire fund that help to tear down the foundations of terrorism legislation is aimed at protecting our homeland waives every provision of law in the and tyranny and combat the radicalism that and those of our allies in the fight against Al- foreign military financing program so threatens the safety of all Americans. Qa’ida and the Taliban in Afghanistan and that we can get this equipment and Our efforts in Pakistan are particularly im- Pakistan by providing tools for economic de- training to the Pakistanis. portant, not only because of the implications velopment. Pakistan is an urgent problem, but for the war in Afghanistan, where our troops We worked with the Bush Administration to doing it right, not just doing it care- are in harm’s way, but because it is a nuclear- craft the framework of this legislation. This ini- lessly, is the way to go. I urge that this armed state. The stakes couldn’t be higher. If tiative was subsequently embraced by Presi- bill be supported. Pakistan’s democratically elected government dent Obama who specifically incorporated it Ms. JACKSON-LEE of Texas. Mr. Speaker, were to be taken over by the terrorists in their into his counterinsurgency strategy for Paki- stan and Afghanistan. This bill authorizes the thank you for affording me this opportunity to midst, the consequences would be almost un- President of the United States to designate address the Rules Committee and explain my thinkable. Creating economic opportunity and specific trade zones, known as Reconstruction amendment to H.R. 1886, the ‘‘Pakistan En- real alternatives to terrorism in Pakistan and Opportunity Zones (ROZs), in Afghanistan and during Assistance and Cooperation Act’’. elsewhere in the developing world is a vital in certain regions of Pakistan to create eco- My amendment is a simple but important national security concern. Unfortunately, the nomic opportunities. addition to this important legislation, which I bills that we are considering this week are fun- These ROZs will allow qualified businesses believe can be supported by every member of damentally flawed. The State Department Re- duty-free access into U.S. markets for des- this Committee. authorization bill, rather than pursuing mean- ignated products, thereby providing significant My amendment would foster counter- ingful reform to make our foreign assistance employment opportunities where few currently terrorism efforts in Pakistan with the creation more effective, simply expanded government exist. A ROZ program could go a long way to of militant rehabilitation programs designed to spending and bureaucracy at an untenable bolster economic development in this critical rehabilitate insurgents and to prevent youth rate. It also included a number of highly con- region of the world where extremists have from turning to militancy from the onset. Fi- troversial provisions, yet the rule did not pro- tried to exploit the lack of economic opportuni- nancial support and job opportunities will be vide for debate or consideration of amend- ties to gain recruits for their radical agenda. provided to graduates of the rehabilitation pro- ments on those issues. As a result, I could not Enhanced security efforts by the United grams as incentives for steering insurgents support this bill. States, as well as a strong foreign and military away from militancy. The two proposals on Pakistan before us assistance program, are needed to disrupt and H.R. 1886 establishes a new, more positive today are even more problematic. The first, weaken Al-Qa’ida and the Taliban. These ex- framework for U.S.-Pakistan relations. The while providing vital funding in a key region, tremist groups exploit the poor socio-economic legislation establishes a set of principles that ties the hands of our military and attempts to conditions, such as high unemployment, in the should govern the U.S.-Pakistan relationship, micromanage interagency efforts from 7000 border areas, to gain adherents to their nefar- including the actions that the two countries miles away. This is a counterproductive and ious causes. With no meaningful alternatives, should take to maintain a robust, relevant and potentially fatal error to make. The second young men in particular are vulnerable to their lasting relationship. The bill is comprised of proposal, which proposes new duty-free zones entreaties. three titles. for textile and household products, is counter- This legislation was endorsed by the Wash- The first Title provides Economic, Social productive as well. ington Post in an editorial on March 22, 2009. and Democratic Development Assistance for While the idea behind it is a very good one, Moreover, in a letter to the Speaker this week, Pakistan; the second Title provides Security the actual program proposed has three key Ambassador Richard Holbrooke, the State De- Assistance for Pakistan; and the third Title re- flaws—it excludes the top products that are partment, Special Representative for Afghani- quires the President to develop a regional se- made in Pakistan, rendering the program inef- stan and Pakistan, reiterated the Administra- curity strategy; provides for enhanced moni- fective; it imposes such restrictive and unwork- tion’s support and noted that ‘‘ROZs are an toring, evaluation, and auditing of U.S. assist- able labor provisions that it undermines the important component of the President’s com- ance; requires a Presidential report on Paki- proposed program and sets a very bad prece- prehensive national security strategy in Af- stan, including an evaluation on Pakistan’s dent for future trade preference bills; and fi- ghanistan and Pakistan, and we need enact- progress in counterterrorism and an assess- nally, it imposes new tariffs on the very Paki- ment of ROZ legislation as quickly as possible ment of whether assistance provided to Paki- stani businesses that we are trying to help, in to help facilitate success.’’ stan is in any way facilitating the expansion of order to pay for the elimination of tariffs in I urge all Members of the House to support Pakistan’s nuclear weapons program; and re- other categories of products. This bill would this valuable program and vote for this bill quires that all assistance to Pakistan be pro- take with one hand while it attempts to appear today. I ask unanimous consent to insert, into vided through a civilian government in Paki- to give with the other. This is not a workable the RECORD, the speech of President Obama, stan established by free and fair elections. proposal. It will not spur development in Paki- the letter of Ambassador Holbrooke and the I urge you to support my amendment. stan, and could actually hurt those companies Washington Post editorial with my statement.

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DEPARTMENT OF STATE, lions of dollars in Iraqi reconstruction aid, seven years since the Taliban was removed Washington, DC, June 10, 2009. and given the dangerous environment— from power yet war rages on and insurgents Hon. NANCY PELOSI, which discourages inspection and moni- control parts of Afghanistan and Pakistan. Speaker, House of Representatives. toring—you can expect a rerun in Afghani- Attacks against our troops, our NATO allies, DEAR MADAM SPEAKER: Thank you for giv- stan and Pakistan. A more effective way to and the Afghanistan government has risen ing me the opportunity on Monday to discuss boost both economies would be to allow steadily. legislation creating Reconstruction Oppor- them to export their products tariff-free into And, most painfully, 2008 was the deadliest tunity Zones (ROZs) in Afghanistan and the United States. But that idea arouses the year of the war for American forces. Many Pakistan, and to reiterate the Administra- enmity of U.S. labor unions, which means people in the United States and many in tion’s support. As you know, the House that it’s not going to get far in a Democratic partner country that have sacrifices so much version (H.R. 1318) of this bipartisan legisla- Congress. have a simple question. What is our purpose tion is sponsored by Representative Chris Enter Rep. Chris Van Hollen, Montgomery in Afghanistan? Of so many years, they ask Van Hollen. Allow me to reaffirm, in writing, County Democrat and member of the House why do our men and women still fight and the key points, in the hope they will be use- leadership, with a practical alternative. Mr. die there? They deserve a straightforward ful as you proceed. Van Hollen, with co-sponsors, has introduced answer. First, let me emphasize that ROZs are a legislation to create ‘‘reconstruction oppor- So let me be clear. Al Qaida and its allies, vital component of our policy toward Paki- tunity zones’’ within both countries. Certain the terrorists who planned and supported the stan in a moment of great challenge, indeed products, including some (not all) textiles, 9/11 attacks are in Pakistan and Afghani- crisis, for that critically important nation. produced within the zones would enjoy duty- stan. Multiple intelligence estimates have Pakistan’s stability and security are directly free access to the U.S. market for 15 years. warned that Al Qaida is actively planning at- related to our own national security and the This would encourage investment by local tacks on the United States homeland from ROZ legislation addresses issues central to businessmen, who best know the terrain, and its safe haven in Pakistan. And if the Afghan the very area in which, at present, there are create jobs. There’s no better formula for government falls to the Taliban or allows Al Qaida to go unchallenged, that country will well over 2 million internal refugees and in discouraging Taliban recruitment. again be a base for terrorists who want to which the Taliban and al-Qaeda are oper- It’s not a magic formula, of course. The in- kill as many of our people as they possibly ating. vestment areas have to be drawn widely Military power alone cannot bring peace to can. enough to make the prospect of investment The future of Afghanistan is inextricably Afghanistan and Pakistan. ROZs are an im- realistic; if you limit them to the most in- linked to the future of its neighbor Pakistan. portant component of the President’s com- tense battle zones, you’re not going to see In the nearly eight years since 9/11, Al Qaida prehensive national security strategy in Af- many jobs created. The bigger they are, and its extremist allies have moved across ghanistan and Pakistan, and we need enact- though, the likelier the bill will arouse the border to remote areas of the Pakistani ment of ROZ legislation as quickly as pos- union opposition, so the politics are tricky. frontier. This almost certainly includes Al sible to help facilitate success. As the Presi- Mr. Van Hollen and his co-sponsors—includ- Qaida’s leadership, Osama bin Laden and dent put it earlier this year in calling for ing Reps. Sander M. Levin (D–Mich), Peter Ayman al-Zawahiri. They have used this Congress to enact this bipartisan bill, ROZs Hoekstra (R–Mich.) and Mark Steven Kirk mountainous terrain as a safe haven to hide, will ‘‘develop the economy [in the border re- (R–Ill.)—have tried to find the sweet spot, to train terrorists, and communicate with gions] and bring hope to places plagued by and their bill also insists that any factories followers, to plot attacks, and to send fight- violence.’’ in the zones meet core international stand- ers to support the insurgency in Afghani- By spurring economic growth and job cre- ards in their treatment of workers. stan. ation, ROZs will provide legitimate job op- Maybe the strongest argument for the op- For the American people, this border re- portunities in high-unemployment, high-pov- portunity zones is that there is no down side; gion has become the most dangerous place in erty areas in Pakistan and Afghanistan the worst that could possibly happen is they the world. But this is not simply an Amer- where livelihood choices are extremely lim- don’t trigger much investment. But they ican problem, far from it. It is, instead, ited. We need ROZs now—economic opportu- would immediately provide a signal of U.S. international security challenge of the high- nities must be expanded to quickly follow up commitment—the governments of both coun- est order. military operations with economic develop- tries strongly support the idea—and they Terrorist attacks in London, in Bali were ment to prove to populations in critical tar- could have a substantial positive effect rea- tied to Al Qaida and its allies in Pakistan as geted areas that there are benefits to defeat- sonably quickly, at almost no cost to the were attacks in North Africa and the Middle ing the militants. Simply put, ROZs are cru- U.S. Treasury. Congress and the administra- East, in Islamabad and in Kabul. If there is cial to the ‘‘build’’ part of our ‘‘clear-hold- tion should get behind this idea. a major attack on an Asian, European, or Af- build’’ counterinsurgency efforts and will rican city it, too, is likely to have ties to Al help us to assist the Governments of Paki- OBAMA ANNOUNCES NEW AFGHANISTAN, Qaida leadership in Pakistan. stan and Afghanistan to create conditions on PAKISTAN STRATEGIES The safety of people around the world is at the ground that will help marginalize the in- stake. For the Afghan people, the return to President BARACK OBAMA. Good morning. Taliban rule would condemn their country to surgents. Please be seated. brutal governance, international isolation, a ROZs will enhance our ‘‘whole of govern- Before I begin today, let me acknowledge, paralyzed economy, and the denial of basic ment’’ strategy and will be a highly visible first of all, Your Excellencies, all the ambas- human rights to the Afghan people, espe- example of U.S. commitment to the long- sadors who are in attendance. I also want to term prosperity of the Afghan and Pakistani cially, women and girls. acknowledge both the civilians and our mili- A return in force of Al Qaida terrorists who peoples. On my trips to Pakistan and Af- tary personnel that are about to be deployed ghanistan, I hear a constant refrain from all would accompany the core Taliban leader- to the region. And I am very grateful to all ship would cast Afghanistan under the shad- quarters in these societies about the impor- of you for your extraordinary work. tance of this legislation, including the signal ow of perpetual violence. I want to acknowledge General David Obama: As president, my greatest responsi- its passage would send about the strength of Petraeus, who’s here, and has been doing an the long-term relationships between our peo- bility is to protect the American people. We outstanding job at CENTCOM. We appreciate are not in Afghanistan to control that coun- ples. him. I want to thank Bruce Riedel. Bruce is Thank you again for your leadership. I am try or to dictate its future. We are in Af- down at the end here, who has worked exten- committed to working with you and other ghanistan to confront a common enemy that sively on our strategic review. Congressional leaders to quickly enact Paki- threatens the United States, our friends, and I want to acknowledge Carl Eikenberry, stan and Afghanistan ROZs into law. our allies and the people of Afghanistan and who’s here, and is our ambassador designate Sincerely, Pakistan who have suffered the most at the to Afghanistan, and to my national security RICHARD C. HOLBROOKE, hands of violent extremists. team. Thanks for their outstanding work. Special Representative for So I want the American people to under- Today, I’m announcing a comprehensive Afghanistan and Pakistan. stand that we have a clear and focused goal new strategy for Afghanistan Pakistan. And to disrupt, dismantle, and defeat Al Qaida in this marks the conclusion of careful policy [From the Washington Post, Mar. 22, 2009] Pakistan and Afghanistan and to prevent review led by Bruce that I ordered as soon as their return to either country in the future. PLOWSHARES FOR PEACE I took office. My administration has heard That’s the goal that must be achieved. That As the Obama administration formulates from our military commanders as well as our is a cause that could not be more just. its strategy for Pakistan and Afghanistan, diplomats. We consulted with the Afghan And to the terrorists who oppose us, my pretty much everyone agrees that spurring and Pakistani governments, with our part- message is the same. We will defeat you. the economy in both countries—creating ners, and our NATO allies and with other do- To achieve our goals, we need a stronger, jobs—is key to defusing militancy. The usual nors and international organizations. We’ve smarter, and comprehensive strategy. To prescription is more foreign aid, which is also worked closely with members of Con- focus on the greatest threat to our people, sure to figure in any new plan. But what gress here at home. America must no longer deny resources to doesn’t always get acknowledged in these And now I’d like to speak clearly and can- Afghanistan because of the war in Iraq. To discussions is that such aid often doesn’t do didly to the American people. The situation enhance the military, governance, and eco- much good. The United States wasted bil- is increasingly perilous. It’s been more than nomic capacity of Afghanistan and Pakistan,

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.013 H11JNPT1 jbell on PROD1PC69 with HOUSE H6574 CONGRESSIONAL RECORD — HOUSE June 11, 2009 we have to marshal international support. And we will ask our friends and allies to do Assistance and Cooperation Enhancement Act And to defeat an enemy that heeds no border their part, including, at the donors’ con- of 2009, will triple U.S. economic assistance to or laws of war, we must recognize the funda- ference in Tokyo next month. Pakistan, with a focus on the rights of women mental connection between of future of Af- Obama: I don’t ask for this support lightly. and religious minorities, strengthening demo- ghanistan and Pakistan which is why I’ve These are challenging times. Resources are appointed Ambassador Richard Holbrooke, stretched. But the American people must un- cratic institutions, and improving Pakistan’s who is here, to serve as special representa- derstand that this is a down payment on our public education system. tive from both countries and work closely own future because the security of American I am especially proud to pass this bill be- with General Petraeus to integrate our civil- and Pakistan is shared. Pakistan’s govern- cause of its focus on public education. The ian and military efforts. ment must be a stronger partner in destroy- Enduring Assistance and Cooperation En- Let me start by addressing the way for- ing these safe havens, and we must isolate Al hancement Act will help Pakistan develop a ward in Pakistan. The United States has Qaida from the Pakistani people. national curriculum for public, private and reli- great respect for the Pakistani people. They These steps in Pakistan are also indispen- have a rich history and have struggled gious schools and will expand educational op- sable to our efforts in Afghanistan which portunities for women and girls. I recently read against long odds to sustain their democ- will see no end to violence if insurgents racy. The people of Pakistan want the same move freely back and forth across the bor- a very important book; Three Cups of Tea is things that we want. An end to terror, access der. Security demands a new sense of shared an inspirational story about a journey to Paki- to basic services, the opportunity to live responsibility, and that’s why we will launch stan and the feats of one of the most inspira- their dreams and the security that can only a standing, trilateral dialogue among the tional people of our generation: Greg come with the rule of law. The single great- United States, Afghanistan, and Pakistan. Mortenson. Upon my visit to Afghanistan sev- est threat to that future comes from Al Our nations will meet regularly with Sec- eral months ago, I saw the truth in Qaida and their extremist allies. And that is retaries Clinton and Secretary Gates leading why we must stand together. Mortenson’s message: that the poverty and our effort. Together, we must enhance intel- lack of opportunity in countries like Pakistan The terrorist within Pakistan’s border are ligence sharing and military cooperation not simply enemies of America or Afghani- along the border while addressing issues of and Afghanistan can incite hatred against the stan. They are a grave and urgent danger to common certain like trade, energy, and eco- United States and lead to acts of terrorism. the people of Pakistan. Al Qaida and other nomic development. That is why I am proud of my colleagues for violent extremists have killed several thou- This is just one part of a comprehensive realizing that sticks, alone, will not fight ter- sand Pakistanis since 9/11. They’ve killed strategy to prevent Afghanistan from becom- many Pakistani soldiers and police. They as- rorism. We can also fight terrorism by building ing the Al Qaida safe haven that it was be- sassinated Benazir Bhutto. They’ve blown up schools, buying books, and helping children— fore 9/11. To succeed, we and our friends and buildings, derailed foreign investment, and especially girls—increase life’s prospects allies must reverse the Taliban’s gains and threatened the stability of the state. through education. I commend Chairman BER- So make no mistake, Al Qaida and its ex- promote a more capable and accountable Af- ghan government. MAN for introducing this important bill and urge tremist allies are a cancer that risks killing my colleagues to join me in passing it and Pakistan from within. Our troops have fought bravely against a It’s important for the American people to ruthless enemy. Our civilians have made helping bring peace, stability, and opportunity understand that Pakistan needs our help in great sacrifices. Our allies have born a heavy to Pakistan’s people. going after Al Qaida. This is no simple task. burden. Afghans have suffered and sacrifices The SPEAKER pro tempore. All time The tribal regions are vast, they are rugged, for their future. But for six years, Afghani- for debate on the bill has expired. and they are often ungoverned. And that’s stan has been denied the resources that it de- AMENDMENT IN THE NATURE OF A SUBSTITUTE why we must focus on military assistance on mands because of the war in Iraq. OFFERED BY MS. ROS-LEHTINEN the tools, training, and support that Paki- Now, we must make a commitment that Ms. ROS-LEHTINEN. Mr. Speaker, I can accomplish our goals. I’ve already or- stan needs to root out the terrorists. have a substitute amendment at the And after years of mixed results, we will dered the deployment of 17,000 troops that not and cannot provide a blank check. Paki- have been requested by General McKiernan desk. stan must demonstrate its commitment to for many months. These soldiers and Ma- The SPEAKER pro tempore. The rooting out Al Qaida and the violent extrem- rines will take the fight to the Taliban in Clerk will designate the amendment. ists within its borders. the south and the east and give us a great ca- The text of the amendment is as fol- We will insist that action be taken, one pacity to partner with Afghan security lows: way or another, when we have intelligence forces and to go after insurgents along the Amendment in the nature of a substitute about high-level terrorist targets. The gov- border. offered by Ms. ROS-LEHTINEN: ernment’s ability to destroy these safe ha- This push will also help provide security in Strike all after the enacting clause and in- vens is tied to its own strength and security. advance of the important presidential elec- sert the following: To help Pakistan weather the economic cri- tions in Afghanistan in August. At the same SECTION 1. SHORT TITLE. sis, we must continue to work with the IMF, time, we will shift the emphasis of our mis- This Act may be cited as the ‘‘United the World Bank, and other international sion to training and increasing the size of Af- States-Pakistan Security and Stability partners. ghan security forces so that they can eventu- Act’’. To lessen tensions between two nuclear- ally take the lead in securing their country. armed nations that too often teeter on the SEC. 2. FINDINGS. edge of escalation and confrontation, we Mr. STARK. Mr. Speaker, I rise today in op- Congress finds the following: must pursue constructive diplomacy with position to the Pakistan Enduring Assistance (1) Congress supports the following ele- both India and Pakistan. To avoid the mis- and Cooperation Enhancement Act (H.R. ments outlined in the President’s White takes of the past, we must make clear that 1886). I do commend the strong funding levels Paper of the Interagency Policy Group’s Re- our relationship with Pakistan is grounded for development assistance, education, and port on United States Policy Toward Af- in support for Pakistan’s democratic institu- ghanistan and Pakistan: health care contained in the legislation and if (A) The core goal of the United States tions and the Pakistani people. the bill consisted only of this type of humani- And to demonstrate through deeds as well must be to disrupt, dismantle, and defeat al as words a commitment that is enduring, we tarian support I would gladly vote for it. I can- Qaeda and its affiliated networks and their must stand for lasting opportunity. not, however, support authorizing over $1 bil- safe havens in Pakistan. Now a campaign against extremism will lion per year in military aid to a nation that has (B) The threat that al Qaeda poses to the not succeed with bullets or bombs alone. Al already suffered under a military dictatorship United States and its allies in Pakistan—in- Qaida offers the people of Pakistan nothing and continues to experience daily violence. cluding the possibility of extremists obtain- but destruction. We stand for something The people of Pakistan do need our help to ing fissile material—is all too real. (C) The United States must overcome its from the time. strengthen their democratic institutions, edu- So, today, I’m calling upon Congress to trust deficit with Pakistan and demonstrate pass a bipartisan bill co-sponsored by John cate their citizens, and provide social and eco- that it is a reliable, long-term partner. Kerry and Richard Lugar that authorizes $1.5 nomic opportunity. What they do not need is (2) The Government of Pakistan is facing billion in direct support to the Pakistani an influx of guns, tanks, and other weapons significant security and socio-economic chal- people every year over the next five years, that will lead to further destabilization and vio- lenges that set the conditions for greater resources that will build schools, roads, and lence. radicalization and may threaten Pakistan’s hospitals, and strengthen Pakistan’s democ- I urge all of my colleagues to stand for viability. Such challenges include the fol- racy. peace and vote against this legislation. lowing: I’m also calling on Congress to pass a bi- (A) Al Qaeda’s and other extremist groups’ partisan bill co-sponsored by Maria Cantwell Mr. LARSON of Connecticut. Mr. Speaker, campaign of violent attacks throughout and Chris Van Hollen and Peter Hoekstra today we will vote on a historic piece of legis- Pakistan, including the Red Mosque inci- that creates opportunity zones in the border lation that will refocus American foreign policy dent, the assassination of Benazir Bhutto, regions to develop the economy and bring and forge a true partnership with Pakistan and and the bombing of the Marriott Hotel in hope to places plagued with violence. its people. H.R. 1886, the Pakistan Enduring Islamabad.

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.015 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6575 (B) Pakistan’s population growth at a rate comprehensive interagency strategy and im- ing members of the Committees on Ap- of approximately 2 percent a year, with near- plementation plan required by subsection propriations, on Armed Services, on ly half of its 172 million residents illiterate, (a), as necessary. Homeland Security and Intelligence. In under the age of 20, and living near or below SEC. 4. AUTHORIZATION OF ASSISTANCE FOR so doing, this approach emulated to the poverty line. PAKISTAN. some degree the administration’s inter- (3) Security and stability to Pakistan is (a) FOREIGN ASSISTANCE ACT OF 1961.— further complicated given the prevalence of There is authorized to be appropriated to the agency strategic review. ungoverned spaces between Pakistan and Af- President, for the purposes of providing as- The substitute recognizes that of all ghanistan in which state control has not sistance to Pakistan under the Foreign As- the foreign policy challenges facing the been fully exercised given ethnic and tribal sistance Act of 1961 (22 U.S.C. 2151 et seq.), United States, stabilizing and reform- affiliations. $1,500,000,000 or such sums as may be nec- ing Pakistan may be one of the most (4) The security and stability of Pakistan essary for each of the fiscal years 2010 daunting. Given the enormous com- is vital to the national security of the through 2013. United States, and the consequences of fail- (b) PAKISTAN COUNTERINSURGENCY CAPA- plexities and the ever-changing nature ure poses a grave threat to the security of BILITY FUND.—There is authorized to be ap- of the situation in Pakistan, we believe the American people, the region, and United propriated to the President, for the purposes that it is critical at this stage that the States allies. of building a more effective counterinsur- administration retain the necessary (5) The objectives of United States policy gency capability in Pakistan’s security flexibility to craft policies that offer toward Pakistan are to empower and enable forces, up to $700,000,000 for the Pakistan the best chance of successfully Pakistan to— Counterinsurgency Capability Fund, for fis- partnering with the people of Pakistan, (A) develop into a prosperous and demo- cal year 2010. with the government of Pakistan, and cratic state that is at peace with itself and (c) USE OF FUNDS.—Amounts authorized to with its neighbors; be appropriated under this section or other- with the military of Pakistan to defeat (B) actively confront, and deny safe haven wise made available to carry out this Act violent extremism. to, al Qaeda, the Taliban, and other extrem- shall be used to the maximum extent prac- At the same time, the substitute re- ists; ticable as direct expenditures for programs, quires an ongoing policy dialogue be- (C) implement the economic, legal, and so- projects, and activities, subject to existing tween the administration and the Con- cial reforms required to create an environ- reporting and notification requirements. gress regarding U.S. policy toward ment that discourages violent Islamic extre- SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFI- mism; and CATION REQUIREMENTS. Pakistan, as well as robust legislative (D) maintain robust command and control (a) BRIEFING.—Not later than 30 days after oversight of our strategy, of our imple- over its nuclear weapons technology. the date of the transmission of the com- mentation plan, as well as allocation SEC. 3. COMPREHENSIVE INTERAGENCY STRAT- prehensive interagency strategy and imple- and expenditure of U.S. assistance. EGY AND IMPLEMENTATION PLAN mentation plan required by section 3, and FOR PAKISTAN. The Republican substitute requires quarterly thereafter through December 1, that not later than 30 days after the (a) IN GENERAL.—Not later than 30 days 2013, the President, acting through the Sec- after the date of the enactment of the Sup- retary of State and the Secretary of Defense, enactment of the Supplemental Appro- plemental Appropriations Act of 2009, the shall brief the appropriate congressional priations Act for 2009, the President President shall develop and transmit to the committees on the status of the comprehen- submit to Congress a comprehensive appropriate congressional committees a sive interagency strategy and implementa- interagency strategy and implementa- comprehensive interagency strategy and im- tion plan. tion plan for U.S. efforts to eliminate plementation plan for long-term security (b) NOTIFICATION.—The President shall no- and stability in Pakistan which shall be safe havens and help toward the long- tify the appropriate congressional commit- composed of the elements specified in sub- term security and stability in Paki- tees not later than 30 days prior to obli- section (b). stan. gating any assistance described in section 4 (b) ELEMENTS.—The comprehensive inter- Let me repeat that again, Mr. Speak- agency strategy and implementation plan re- as budgetary support to the Government of quired by subsection (a) shall contain at Pakistan or to any persons, agencies, instru- er. Thirty days after enactment of the least the following elements: mentalities, or elements of the Government current supplemental under discussion, (1) A description of how United States as- of Pakistan and shall describe the purpose the President is required to produce a sistance described in section 4 will be used to and conditions attached to any such budg- comprehensive interagency strategy achieve the objectives of United States pol- etary support assistance. The President shall and implementation plan. This is more notify the appropriate congressional com- icy toward Pakistan. timely than what is in the underlying (2) Progress toward the following: mittees not later than 30 days prior to obligating any other type of assistance described bill, and it seeks to address immediate (A) Assisting efforts to enhance civilian as well as evolving dynamics. control and a stable constitutional govern- in section 4. ment in Pakistan and promote bilateral and SEC. 6. DEFINITION. The Republican substitute relies on regional trade and economic growth. In this Act, the term ‘‘appropriate congres- the President’s leadership and his com- (B) Developing and operationally enabling sional committees’’ means— mitment in providing the strategy and Pakistani security forces so they are capable (1) the Committee on Appropriations, the implementation plan to the Congress, of succeeding in sustained counter-insur- Committee on Armed Services, the Com- but does require that plan to include a mittee on Foreign Affairs, and the Perma- gency and counter-terror operations. description of how the U.S. assistance (C) Shutting down Pakistani safe havens nent Select Committee on Intelligence of the for extremists. House of Representatives; and will be used in order to achieve our (D) Improving Pakistan’s capacity and ca- (2) the Committee on Appropriations, the U.S. foreign policy objectives. pability to ‘‘hold’’ and ‘‘build’’ areas cleared Committee on Armed Services, the Com- What does that include? Enhancing of insurgents to prevent their return. mittee on Foreign Relations, and the Select stable democratic governments, mak- (E) Developing and strengthening mecha- Committee on Intelligence of the Senate. ing sure that we have economic Amend the title so as to read: ‘‘A bill to re- nisms for Pakistan-Afghanistan cooperation. growth, developing Pakistani counter- (3) A financial plan and description of the quire the President to develop a comprehen- resources, programming, and management of sive interagency strategy and implementa- insurgency capabilities, success in United States foreign assistance to Paki- tion plan for long-term security and sta- shutting down safe havens for extrem- stan, including the criteria used to deter- bility in Pakistan, and for other purposes.’’. ists, improving the capacity and capa- mine their prioritization. The SPEAKER pro tempore. Pursu- bility of Pakistan to hold and build (4) A complete description of both the eval- ant to House Resolution 522, the gen- areas cleared of insurgents to prevent uation process for reviewing and adjusting tlewoman from Florida (Ms. ROS- their return, and developing and the strategy and implementation as nec- LEHTINEN) and a Member opposed each strengthening mechanisms for Paki- essary, and measures of effectiveness for the stan-Afghanistan cooperation, for they implementation of the strategy. will control 15 minutes. (c) INTELLIGENCE SUPPORT.—The President, The Chair recognizes the gentle- cannot be separated. after consultation with the Director of Na- woman from Florida. The substitute also requires that the tional Intelligence, shall provide intelligence Ms. ROS-LEHTINEN. Mr. Speaker, I report include a detailed financial plan support to the development of the com- yield myself such time as I may con- of the resources, of the programming prehensive interagency strategy and imple- sume. and of the management of U.S. assist- mentation plan required by subsection (a). (d) UPDATES OF STRATEGY.—The President Mr. Speaker, the substitute amend- ance to Pakistan and the criteria used shall transmit in writing to the appropriate ment reflects input from, and was to determine their need and value in congressional committees any updates of the drafted in coordination with, the rank- advancing our U.S. objectives.

VerDate Nov 24 2008 03:27 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.011 H11JNPT1 jbell on PROD1PC69 with HOUSE H6576 CONGRESSIONAL RECORD — HOUSE June 11, 2009 This substitute seeks to ensure that tivity that could result in further pro- Joint Chiefs Chairman, Admiral congressional oversight and notifica- liferation. It also incorporates, as the Mullen, who wrote about this under- tion keeps pace with changing condi- chairman said, language from a bill in- lying bill. tions on the ground, and in turn, troduced by several of us to require a The Department is concerned about changes in strategy and their imple- presidential assessment and restrict aspects of this bill, in particular, those mentation. military aid in the future. provisions that impose conditions on The Republican substitute also fully The SPEAKER pro tempore. The the furnishing of military assistance funds the administration’s request for time of the gentlewoman has expired. that may undermine current adminis- the critically important new Pakistan Mr. BERMAN. I yield the gentle- tration authorities such as the Global counterinsurgency capability fund. woman 30 additional seconds. Train and Equip authority. And fur- I reserve the balance of my time. Ms. HARMAN. I thank the gen- thermore, this will allow the Depart- Mr. BERMAN. Mr. Speaker, I claim tleman. ment to use the funds expeditiously the time in opposition to the amend- It will restrict military aid in the fu- and effectively without these purse ment. ture unless Pakistan cooperates in ef- strings, as evolving circumstance may The SPEAKER pro tempore. The gen- forts to dismantle its nuclear weapons warrant, in an effort to implement the tleman from California is recognized supplier networks. President’s strategy for the region for 15 minutes. It is the right thing to do, and I most effectively. Mr. BERMAN. Mr. Speaker, I would thank the committee for doing it. The And I think that this Republican sub- like to yield 2 minutes to the gentle- world cannot afford another Libya, stitute gets to what the Department of woman from California, the author of Iran or North Korea, and we certainly Defense wishes to do, what the Obama her own legislation on security assist- don’t want a new nuclear power called administration wants to achieve, what ance and the question of the prolifera- al Qaeda. our democratic allies in Pakistan and tion network in Pakistan. Ms. ROS-LEHTINEN. Mr. Speaker, I here, our strong military in the U.S., Ms. HARMAN. I thank the chairman yield myself such time as I may con- wants to achieve; a robust, free and for yielding to me and I rise in strong sume. democratic Pakistan upon which we Mr. Speaker, the Republican sub- opposition to this Republican sub- can build that level of trust again. stitute, as I was saying, also fully stitute, and in strong support of the I hope our colleagues support our Re- funds the administration’s request for underlying bill, H.R. 1886, to provide publican substitute. long-term nonmilitary aid to a country the critically important new Pakistan I reserve the balance of my time. in the crosshairs of the effort by the Counterinsurgency Capability Fund, Mr. BERMAN. Mr. Speaker, I am Taliban to expand its reach in South PCCF. Forging an effective partnership pleased to yield 2 minutes to the gen- with Pakistan’s military and intel- Asia. tleman from Virginia (Mr. MORAN), H.R. 1886 will help persuade the Paki- ligence apparatus has not been a very knowledgeable on issues affecting stani people that their future lies with straightforward affair. Although the Pakistan and U.S.-Pakistan relations. a stable and moderate democratic gov- United States has enjoyed some suc- Mr. MORAN of Virginia. Mr. Speak- ernment and not with an authori- cess, our efforts have also been ham- er, I rise in strong support of the un- tarian, theocratic terrorist organiza- pered by a series of exceptionally dif- derlying bill proposed by the Inter- tion. But a key to doing this is impor- ficult problems. national Relations Committee, and in tant language in the bill ensuring ac- One is a matter of a threat percep- opposition to the Republican sub- cess of U.S. investigators to persons tion and divergent strategic priorities, stitute because, however you spin it, suspected of engaging in nuclear pro- with Pakistan almost obsessively fo- it’s basically a continuation of the Re- liferation. This issue is critical, this cused on their traditional rival in publicans’ blank check policy towards language must become law, and I dis- India. Pakistan. And what has that gotten us Another problem is the legacy of mis- agree strongly with some in this House after 8 years of that policy? trust on both sides, a trust deficit, as I and in the other Chamber who say Well, it’s time to assess it. Twelve discussed earlier, that continues to these requirements are overly restric- billion dollars of taxpayers’ money has greatly complicate our bilateral relative and counterproductive. been spent, and we have nearly half a tions. Pakistan’s history of nuclear weap- A third problem is a limited Paki- million Pakistani troops on the border ons development has contributed to in- stani ability to conduct modern coun- with India, our ally, and one brigade stability in South Asia and paved the terinsurgency, and to some degree fighting the Taliban and al Qaeda, our way for A.Q. Khan’s insidious and high- counterterrorism operations, against al enemy. Their principal defense priority ly profitable proliferation network. Ad- Qaeda and their allies in the tribal is F–16s, which is a combat aircraft. ditional and substantial nonmilitary areas. There is no question, for exam- Our enemy doesn’t have combat air- support provided by the U.S. must as- ple, that Pakistan needs to fully co- craft. sure that the security threat to the We don’t want to be funding a nation operate with New Delhi in holding ac- U.S., which is represented by this net- to fight against another ally. We want countable all of those responsible for work, is minimized. them to fight with us against our the brutal assault in Mumbai as well as For at least a decade, A.Q. Khan’s il- enemy. work with the U.S. and others on crit- licit network was the most attractive What this bill does is to enable the ical nonproliferation concerns. shortcut for nations and rogue organi- We do not disagree with the over- children of Pakistan to have a decent zations interested in acquiring the ma- arching goals and the strategic prior- public education and not be forced to terials and know-how to build a nu- ities that we want to achieve in rela- go to the madrasas where they learn clear device. After illegally securing tion to Pakistan. Our disagreement is violent extremism against India and the capability for Pakistan, which that at this juncture we believe that against modernity. This enables the made him a hero at home and a pariah the best way to achieve critical inter- women of Pakistan, particularly the abroad, Khan and his network sold it to ests is to give the administration the young girls, to grow up to be women of Iran, Libya and North Korea. Despite scope to develop intensive, multiple ap- influence and power and consequence. billions of U.S. dollars in aid, former proaches to rebuild, to strengthen rela- This enables Pakistan to develop eco- Pakistani President Musharraf par- tionships with Pakistan, and address nomically, not to use its resources into doned Khan, and earlier this year the threats common to both of our nations. a military posture against India, but to Islamabad High Court released him We believe the Republican substitute use its resources to become a full- from house arrest. is a more workable basis than the un- fledged, first world nation. H.R. 1886, but not the Republican derlying bill for being a partner with Pakistan is our ally, and this bill will substitute, declares that the U.S. will Pakistan at this critical time. enable it to stand on its own two feet, work with Pakistan to ensure our in- not to be able to fight India, not to be vestigators access to suspected b 1400 able to engage in nuclear proliferation, proliferators and to restrict The substitute heeds the concerns but to help us fight against the forces proliferators from travel or other ac- raised by Secretary Gates and the of violent extremism.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.040 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6577 Pakistan is a valued ally. This will paced developments and the oppor- other side of the aisle, have been sleep- give them the resources so that we can tunity to develop a plan on how it will walking through history. If you want count on that ally to do the right implement its strategy for Pakistan to see a repeat of the last 8 years then, thing. and Afghanistan. fine, let’s get rid of all the account- And to continue the same blank Instead of flexibility, this bill is full ability. check policy which has made matters of restrictive and intrusive provisions A billion and a half dollars now for worse rather than better, I think, is a that I’m not sure we’d even apply to the next 5 years is going to be given to terrible mistake. the United States, where the Democrat the Pakistanis on the civil side of I urge defeat of the amendment. majority is trying to dictate and things. In the past, there’s been tens of Ms. ROS-LEHTINEN. Mr. Speaker, I micromanage the President’s adminis- billions of dollars since their independ- would like to yield 5 minutes to the tration’s Pakistan policy. Their bill ence. We have maybe a structure that’s gentleman from Michigan (Mr. HOEK- even includes language to increase supposed to be a school or a structure STRA), the ranking member on the Pakistani teacher salaries. It goes into that’s supposed to be a clinic standing House Permanent Select Committee on the detail of the level of assistance for somewhere but no teachers, no nurses, Intelligence. student meals. no doctors, no systems that actually Mr. HOEKSTRA. Mr. Speaker, I Wow. That doesn’t sound like we’re work because there’s been a total lack would like to thank my colleague for giving the Paks a whole lot of flexi- of accountability. This substitute yielding the time. bility to even run their own country. amendment would continue that lack You know, Pakistan and Afghanistan This down-in-the-weeds language may of accountability. are very difficult parts of the world. As represent a new low for congressional On the security side of things, we we develop the strategies, I think micromanagement, not to mention a have a situation where we have $6.2 bil- many of us have the same goals and ob- distraction from the crucial issue of lion given in the coalition support jectives in mind, but we need to take a bringing peace and stability to the refunds which, essentially, were a blank look at exactly what we’re doing gion. check to General Musharraf and the today. We need to defeat al Qaeda and the military over there. What we got in re- I’m proud to support the Republican Taliban in Pakistan. That is our goal. turn, when we finally started doing amendment to the Pakistan Enduring That is our mission. This Congress some oversight in January of 2007 and Assistance and Cooperation Enhance- shouldn’t be dictating to the Paki- afterwards, was a determination that ment Act of 2009. Interestingly, I be- stanis teacher salaries and the level of some 40 percent of that had vaporized, lieve that this substitute supports our assistance that it needs to provide stu- cannot be accounted for. It was sup- current President’s direction that he dents for meals in Pakistan. posed to be going for things that are has outlined for Pakistan and Afghani- Republicans have been unfairly criti- counterinsurgency, weaponry that stan. It supports President Obama’s cized in the press as being the party of would help fight a common problem of strategy to address the situation in ‘‘no.’’ Not only are the Republicans extremists in that country, and dis- Pakistan, to restore peace and sta- being the party of ‘‘yes’’ on this bill, appeared somewhere else. bility to that region. we’re also being more supportive of the This particular bill that the sub- Maybe, once again, this is another Obama administration’s Pakistan pol- stitute is trying to undermine would foreign policy initiative where Presi- icy than the Democrat majority. put in place the accountability provi- dent Obama has decided that perhaps We support President Obama’s efforts sions. They are flexible enough. They following some of the direction out- in the region. We want them to suc- simply say that you have to fight those lined under the Bush administration ceed. I believe the Republican amend- extremists that are mutual problems. may not be a bad idea. ment presents the best way Congress You have to make sure you stop people I’m one of many Republican ranking can ensure and move toward success in from going over the border to create members to come forward today to ex- Pakistan and, at the same time, make problems in Afghanistan. You have to press concern about the majority’s bill sure that we stay united on foreign pol- cooperate on nuclear nonproliferation, and to urge support for the Republican icy, because this amendment, this sub- reasonable things. substitute. The Democratic bill places stitute supports the President’s Paki- The American people have a right to too many restrictions on the ability of stan strategy. expect that their Representatives are the President’s advisors and the U.S. So let’s stand with the President. going to be accountable for the billions military to conduct diplomacy and Let’s move forward. Let’s make sure of dollars. We are supposed to be hav- military operations in the region. that we’re united, Republicans and ing a partnership and a mature rela- In a letter to the Armed Services Democrats, House, Senate and the ad- tionship with the Pakistanis. Then Committee, Secretary of Defense Gates ministration, in supporting this Presi- let’s get over that notion that we’re and Chairman of the Joint Chiefs of dent’s direction for Pakistan. going to offend their sensibilities so Staff Mullen raised their concern about I ask my colleagues to support the that they won’t actually cooperate the majority’s bill, noting that ‘‘The Republican substitute. with us if we want to put some condi- degree of conditionality and limita- Mr. BERMAN. Mr. Speaker, I yield tions to make sure that our mutual tions on security assistance to Paki- myself 15 seconds. problems are addressed with the bil- stan’’ in H.R. 1886 ‘‘severely constrains The gentleman from Michigan (Mr. lions of dollars of American citizens’ the flexibility necessary for the execu- HOEKSTRA) just spoke in behalf of the money. tive branch and the Department of De- Republican substitute, but he’s a major We’ve had 8-plus years of not having fense given the fluid and dynamic envi- cosponsor of the Reconstruction Oppor- accountability on funds to that coun- ronment that exists in Pakistan.’’ tunity Zones. Unlike the bill in front of try and others. We’ve had times since But obviously, they’re saying, our us, the Republican substitute does not 2002 where we had totally no account- troops in Afghanistan and the military contain the ROZs, the reconstruction ability. Let’s stop sleepwalking. Let’s in Pakistan and our support of the zones. I’m wondering how the gen- get the problem resolved. Let’s make military efforts in Pakistan require tleman squares that with his position. sure we have accountability. more flexibility than what this bill will I now yield 2 minutes to the gen- I say vote against the substitute; allow. tleman from Massachusetts (Mr. vote for the underlying bill. From intelligence briefings, I under- TIERNEY), who has done remarkable Ms. ROS-LEHTINEN. Mr. Speaker, I stand how volatile the situation is in work on the issue of how the $12 billion would like to yield 1 additional minute Pakistan. Just on Tuesday, there was a given to Pakistan over the past 7 years to the ranking member on the Intel- hotel bombing, 18 people killed. The has been spent. ligence Committee, Mr. HOEKSTRA. Pakistan Army has been engaged in a Mr. TIERNEY. Mr. Speaker, I some- Mr. HOEKSTRA. I thank my col- battle in the Swat Valley against times wonder, listening to this par- league for yielding, but I felt I needed Taliban militants. Any legislation on ticular substitute, whether some peo- to respond as my name was brought up Pakistan must give the administration ple here, whether it’s the administra- from my colleagues on the other side of both flexibility to react to the fast- tion or whether it’s our friends on the the aisle.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.044 H11JNPT1 jbell on PROD1PC69 with HOUSE H6578 CONGRESSIONAL RECORD — HOUSE June 11, 2009 You know, the ROZs in this rule Mr. BERMAN. I yield the gentleman Republican substitute to the Chair of process, regardless of the underlying an additional 10 seconds. the Pakistan Caucus, the gentlewoman bill, will be part of the final package Mr. FALEOMAVAEGA. I urge my from Texas, SHEILA JACKSON-LEE. that moves through. What happens colleagues to oppose the substitute. Ms. JACKSON-LEE of Texas. I thank with the Democrat base bill here is Unfortunately, the previous Administration the distinguished chairman for yield- they undercut many of the things and spent the past 8 years writing blank checks to ing. put in a lot of restrictions that, as Con- Pakistan and turned a blind eye, while A.Q. We cannot wait, and I just suggest to gressman VAN HOLLEN and I tried to Khan transferred nuclear technology to rogue my colleagues that they would look craft the bill together, we wanted to nations and while General Musharraf failed to quickly at these pictures where the make sure that there was enough free- keep good on his promises to hold free, fair Pakistan military is fighting ter- dom for these programs to be success- and transparent elections. rorism, and these are the activities ful. And the important thing here is By contrast, this Administration is committed that are happening in that area. People you can vote for the substitute. The to making Pakistan a success while holding are fleeing terrorism and the people ROZs become part of the program when Pakistan accountable. H.R. 1886 as offered by that are in these camps are suffering. the substitute passes on final passage, Chairman BERMAN is the way forward to mak- We cannot wait for this legislation. after it replaces the underlying Demo- ing sure U.S. security assistance is spent in a I oppose the Republican substitute crat amendment. manner consistent with our national security because I want not an isolation of So I thank you. I think I understand objectives. Pakistan, I want a regional response, a the rule, but to say that I was not sup- I urge my colleagues to vote ‘‘no’’ on the comprehensive regional strategy, in- portive of the ROZs because I was sup- Republican substitute and to vote ‘‘yes’’ for cluding the role of countries outside porting the substitute I don’t believe is H.R. 1886, the Pakistan Enduring Assistance the region in supporting Pakistan’s ef- an accurate indication. and Cooperation Act of 2009. forts to combat al Qaeda and the Mr. BERMAN. Mr. Speaker, I yield Mr. BERMAN. Mr. Speaker, I am Taliban, a global effort. The Repub- myself 15 seconds. very pleased to yield on the Republican lican substitute has a one-on-one ef- The gentleman’s point is, I know, in- substitute 2 minutes to the chairman fort. We need a global effort. advertently and unintentionally incor- Let me also suggest that there is im- rect. of the Subcommittee of the Middle East and South Asia, the vice chair- portant language in this legislation be- The Republican substitute replaces cause if we suggest that the Pentagon the entire bill and, therefore, were the man of the committee, Mr. ACKERMAN. (Mr. ACKERMAN asked and was is not favorable, the Pentagon has indi- Republican substitute to pass, the cated that they are aware of the coun- ROZs the gentleman has fought for given permission to revise and extend his remarks.) terinsurgency efforts that the Pakistan would not be part of the bill that was military is engaging in and they’re sat- sent to the Senate. Mr. ACKERMAN. Mr. Speaker, the Ros-Lehtinen substitute is not just a isfied with the structure of this legisla- b 1415 step back in policy; it’s a step back in tion that would help them continue to Mr. BERMAN. Mr. Speaker, I am time. It attempts to reinstate the fight terrorism. We can work out some pleased to yield 1 minute to a member failed Bush-Cheney-Rumsfeld model for of the kinks, but are we going to wait of the committee, the delegate from managing the wars in Iraq and Afghan- while people are suffering? This legislation also has a recogni- American Samoa (Mr. FALEOMAVAEGA). istan. Under this Congress, it gives the tion that we are establishing a new re- (Mr. FALEOMAVAEGA asked and President a massive blank check and lationship with Pakistan and the was given permission to revise and ex- then walks away from its responsi- United States, a friendship relation- tend his remarks.) bility as a co-equal branch of govern- Mr. FALEOMAVAEGA. I thank the ship. We are acknowledging the recent ment. efforts of the Pakistan military in chairman for yielding me time to The Ros-Lehtinen substitute strips Swat, and we’re also suggesting that if speak on this important issue. out all policy from the bill and has no Mr. Speaker, I have tremendous re- there are changes in Pakistan, we will provisions to encourage Pakistan to spect for the gentlewoman from Flor- reconsider some of the requirements or change its behavior; it has no provi- ida, my dear friend. But on her pro- some of the structures that we put in sions to ensure U.S. dollars are being posal for this substitute, however, I place. effectively accounted for; it has no pro- must respectfully disagree with her on I would also say to my colleagues visions for keeping Congress involved this issue. that I hope the Republicans who are so I rise in opposition to the substitute in the process; and it has no guidance interested in Pakistan would be inter- version. While like the underlying bill, whatsoever for the President about ested in making sure the International the substitute provides $1.5 billion in how taxpayer dollars ought to be spent. Monetary Fund is funded like the nonmilitary assistance to Pakistan for This is not legislation; this is abdica- President would like it to be and that fiscal year 2010, regrettably the sub- tion. they will join in that support because stitute requires no oversight, no ac- Is Pakistan cooperating with the they’re so strongly in support of Paki- countability, and no meaningful role U.S. to dismantle nuclear supplier net- stan, which got money from it in the for Congress to play. works? Apparently it doesn’t matter in last year. Like my colleagues, I’m appreciative the Republican substitute. Is Pakistan In addition, there are issues dealing that Pakistan has provided some sup- ending its support to extremist groups with trade, but the AFL–CIO is support for the U.S.-led anti-terror coali- and closing terrorist camps in the porting it because of the way the struction, and I believe Pakistan should be Fatah? Judging by the Republican sub- ture is. We have an effective balance of commended for assisting the U.S. in its stitute, who cares? Is Pakistan work- helping them establish a better econ- efforts to hunt down al Qaeda and ing to prevent cross-border attacks on omy but at the same time respecting Taliban insurgents and for allowing the its neighbors and strengthening its our trade requirements over here in the U.S. military to use bases within its counterterrorism laws? If the Repub- United States. This is the way to ad- country. lican substitute is any guide, in the dress this issue. But I can’t imagine However, I do not believe we should words of Jackie Mason, ‘‘This is not that my colleagues want to leave Paki- provide billions in aid to Pakistan my business.’’ stan and the people of Pakistan in without some sort of accountability. We have tried the minority approach. these dire conditions. H.R. 1886 includes robust monitoring, It is completely devoid of policy. It en- Pakistan Americans recognize we are evaluations, and auditing provisions to courages abuse. It doesn’t work. But it establishing a new friendship, and on ensure that assistance is actually does have one advantage: it allows that new friendship we need to oppose reaching the Pakistani people and that Members of Congress to avoid any re- the Republican substitute and support U.S. taxpayer dollars are being spent sponsibility for the war in Afghanistan. H.R. 1886. wisely. Mr. Speaker, it’s too late to go back Mr. BERMAN. Mr. Speaker, I reserve The SPEAKER pro tempore (Mr. to ‘‘strategery.’’ the balance of my time. WEINER). The time of the gentleman Mr. BERMAN. Mr. Speaker, I am Ms. ROS-LEHTINEN. Mr. Speaker, I has expired. very pleased to yield 2 minutes on the would like to yield myself 1 minute.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.046 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6579 We fully agree with the chairman litical process and to promote greater under- going for ghost schools and to dis- that much of the prior investment in standing of Pakistan by building lasting ties appear into unspecified budget sup- Pakistan has failed to yield all of the with the U.S. port? You need the monitoring and results that we hoped for and that it is H.R. 1886 reflects our deep commitment to evaluation kinds of provisions that we developing a strong U.S.-Pakistan relation- appropriate to require the administra- ship and will be instrumental in strength- haven’t had in the past and that our tion to develop scientific, specific, ening Pakistan’s democratic government, bill provides and the Republican sub- meaningful performance-based meas- promoting economic and social development stitute doesn’t. ures. for Pakistan’s citizens, and creating the The Republican substitute treats Where we differ, Mr. Speaker, is that foundation for a stronger, more stable Paki- Pakistan in virtual isolation with a we do not mandate that the executive stan. brief mention of the Afghan-Pakistan branch follow a specific new congres- We are particularly pleased that H.R. 1886 cooperation. H.R. 1886 requires a com- accentuates investments in Pakistan’s sionally mandated methodology, which healthcare, education, and infrastructure prehensive regional strategy, including may not even be technically correct, and includes a requirement that all U.S. se- the role of countries outside the region even before the new administration has curity assistance be provided through the in supporting Pakistan’s efforts to had time to operationalize their new elected civilian government. PAL-C also ap- combat al Qaeda and the Taliban. A South Asia strategy. plauds the requirements for enhanced moni- global effort is required to make Paki- Our substitute, therefore, requires toring, evaluation and auditing of U.S. eco- stan a success, and the substitute’s that as part of the comprehensive nomic assistance. These aspects of the bill failure to recognize this salient fact is interagency strategy and implementa- will assure the most impactful application of another serious flaw. the funds, create the greatest long term le- Read the bill. Please read the bill. tion plan mandated by the legislation verage from the assistance package, and es- that the administration put forth a ro- tablish the needed transparency in distribu- Our accountability provisions are not bust and detailed financial plan, a de- tion of money. rigid. They’re not inflexible. We state scription of the resources, of the pro- We thank you for your hard work and vi- very clearly simply that we expect gramming, of the management of the sionary leadership on this critical legislation Pakistan to make progress in their United States foreign assistance to and hope that its passage will initiate the fight against the extremists and to sus- Pakistan, including the criteria used to beginning of a new, more positive and endur- tain their commitment. If the Presi- determine this prioritization. We being era in U.S.-Pakistan relations. We also dent can’t tell us that Pakistan is stand ready to continue doing our part as lieve that this is the correct approach. proud Pakistani Americans in offering U.S. meeting with that very minimal stand- Mr. Speaker, I reserve the balance of congress special insights into Pakistan, ard, we should be asking ourselves my time. based on our deep rooted perspective. much deeper questions about what Mr. BERMAN. Mr. Speaker, I have no Sincerely, we’re really trying to achieve here. The further requests for time, and I reserve PERVAIZ LODHIE. onus is on our minority colleagues to the balance of my time. Pervaiz Lodhie, Founder/President, explain why, given Pakistan’s recent Ms. ROS-LEHTINEN. Mr. Speaker, I LEDtronics; Salim Adaya, Chairperson. IDS history, we should provide more weap- would like to take up the balance of Real Estate Group; Muhammad Adaya, IDS ons without making sure the equip- my time. Real Estate Group; Najeeb Ghauri, Chair- ment is being used properly. Mr. Speaker, our Republican sub- man/CEO, Netsol; Dr. Satter Abbasi, Prof. In this context I find it curious that Clinical Medicine, UCLA; Jamal Khawaja, stitute will allow for the development Director, JFK Import & Export; Dr. Salman the substitute is totally inconsistent of specific, credible measures of effec- Nagvi, COS, Kindred Hospital OC; Adnan with the arguments that my friends tiveness that are tightly linked to the Khan, President, CIDP Inc.; Fiza Shah, made just yesterday during debate on President’s strategy for the region and Founder/CEO, DIL; Ghazala Khan, Principal, the State Department authorization are therefore preferable to those that GK & Associates; Shezad Rokerya, Chair- bill. Then all the repeated arguments stem from the legislation. And I would man, The Interlink Group; Taha Gaya, Exec. were more accountability, we need like to just briefly address, and I don’t Dir., PAL–C; Jim Moody, Chairman AFHD/ stricter accountability for critical for- have much time, some of the issues NCHD; Salman Ahmed, UN Goodwill Ambas- eign policy priorities. Here we have the sador, Artist. raised in favor of the underlying bill most critical foreign policy priority and against my substitute. Mr. Speaker, I rise to strongly oppose and in the Republican substitute the First, some of the speakers are seek- the Republican substitute. I’m pleased absence of any provisions regarding ac- ing to fuel distrust between Pakistan to see that the substitute does support countability, evaluation, auditing, or and India, and they use the Congress’ the President’s request for $1.5 billion a monitoring. strong support for the world’s largest year in nonmilitary assistance for This substitute begs the question, democracy, India, to create the impres- Pakistan, the same amount as the un- why does the minority support total sion that U.S. assistance has been and derlying bill. But that’s where the sim- flexibility for President Obama in would be used against India. That is ilarity ends. Pakistan but everywhere else in the counterproductive. It is not correct. It With all due respect to my colleagues foreign policy or domestic sphere, they is dangerous and disingenuous. on the other side of the aisle, this sub- try to constrain him? This is at the top I urge my colleagues to adopt the Re- stitute amounts to nothing more than of our list of national security chal- publican substitute and reject the un- a blank check. It requires no real over- lenges. Our approach is the better ap- derlying bill. sight, no serious accountability, no proach. Mr. BERMAN. Mr. Speaker, I will in- congressional role beyond getting I urge defeat of the substitute. briefings on what we could ask for clude in the RECORD a letter from the Mr. Speaker, I yield back the balance Premier Pakistani American organiza- without any new law. of my time. Since 9/11, I repeat again, we have tion, the Pakistani American Leader- b 1430 ship Center, endorsing H.R. 1886. poured more than $12 billion into Paki- stan, with very little to show for it. The SPEAKER pro tempore. Pursu- PAKISTANI AMERICAN LEADERSHIP This substitute is simply a continu- ant to House Resolution 522, the pre- CENTER, Washington, DC, June 6, 2009. ation of the same failed policy. vious question is ordered on the bill, as Hon. HOWARD BERMAN, H.R. 1886, on the other hand, ex- amended, and on the amendment of- Chair, Committee on Foreign Affairs, House of presses our sense of priorities for demo- fered by the gentlewoman from Florida Representatives, Washington, DC. cratic, economic, and social develop- (Ms. ROS-LEHTINEN). DEAR CHAIRMAN BERMAN: On behalf of the ment assistance without tying the The question is on the amendment Pakistani American Leadership Center President’s hands. Unlike the sub- offered by the gentlewoman from Flor- (PAL-C) and other team members listed stitute, our bill provides robust moni- ida (Ms. ROS-LEHTINEN). below, I am writing to express our strong toring and evaluation to ensure that The question was taken; and the support for H.R. 1886, the Pakistan Enduring Assistance and Cooperation Enhancement the assistance is reaching the Paki- Speaker pro tempore announced that Act of 2009. PAL-C was established in 2004 to stani people. Why would you support the noes appeared to have it. mobilize the Pakistani-American commu- another $1.5 billion in economic assist- Ms. ROS-LEHTINEN. Mr. Speaker, nity to be more conversant with the U.S po- ance unless you knew it wasn’t just on that I demand the yeas and nays.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.051 H11JNPT1 jbell on PROD1PC69 with HOUSE H6580 CONGRESSIONAL RECORD — HOUSE June 11, 2009 The yeas and nays were ordered. Heinrich McGovern Sarbanes same back to the House forthwith with the Heller McIntyre Schakowsky following amendment: The vote was taken by electronic de- Herseth Sandlin McMahon Schauer vice, and there were—yeas 173, nays Strike all after the enacting clause and in- Higgins McNerney Schiff sert the following: 246, not voting 14, as follows: Hill Meek (FL) Schrader Hinchey Meeks (NY) TITLE I—COMPREHENSIVE INTERAGENCY [Roll No. 331] Schwartz Hinojosa Melancon Scott (GA) STRATEGY AND IMPLEMENTATION YEAS—173 Hirono Michaud Scott (VA) PLAN FOR LONG-TERM SECURITY AND Hodes Miller (NC) Aderholt Frelinghuysen Moran (KS) Serrano STABILITY IN PAKISTAN Holden Miller, George Akin Gallegly Murphy, Tim Sestak Holt Minnick SEC. 101. SHORT TITLE. Alexander Garrett (NJ) Shea-Porter Myrick Honda Mitchell This title may be cited as the ‘‘United Austria Gerlach Sherman Neugebauer Hoyer Mollohan States-Pakistan Security and Stability Bachmann Gingrey (GA) Shuler Nunes Inslee Moore (KS) Act’’. Bachus Gohmert Sires Olson Israel Moore (WI) Barrett (SC) Goodlatte Skelton SEC. 102. FINDINGS. Paul Jackson (IL) Moran (VA) Bartlett Granger Slaughter Congress finds the following: Paulsen Jackson-Lee Murphy (CT) Barton (TX) Graves Smith (WA) Pence (TX) Murphy (NY) (1) Congress supports the following ele- Biggert Guthrie Snyder Petri Johnson (GA) Murphy, Patrick ments outlined in the President’s White Bilbray Hall (TX) Space Pitts Johnson, E. B. Murtha Paper of the Interagency Policy Group’s Re- Bilirakis Harper Speier Platts Kanjorski Nadler (NY) port on United States Policy Toward Af- Blackburn Hastings (WA) Poe (TX) Kaptur Napolitano Spratt Boehner Hensarling ghanistan and Pakistan: Posey Kildee Neal (MA) Stark Bonner Herger (A) The core goal of the United States Price (GA) Kilpatrick (MI) Nye Stupak Bono Mack Hoekstra must be to disrupt, dismantle, and defeat al Putnam Kilroy Obey Sutton Boozman Hunter Radanovich Kind Olver Tanner Qaeda and its affiliated networks and their Boustany Inglis Rehberg Kirkpatrick (AZ) Ortiz Tauscher safe havens in Pakistan. Brady (TX) Issa Reichert Kissell Pallone Taylor (B) The threat that al Qaeda poses to the Broun (GA) Jenkins Roe (TN) Klein (FL) Pascrell Teague United States and its allies in Pakistan—in- Brown (SC) Johnson (IL) Rogers (AL) Kosmas Pastor (AZ) Thompson (CA) Brown-Waite, Johnson, Sam cluding the possibility of extremists obtain- Rogers (KY) Kratovil Payne Thompson (MS) Ginny Jones ing fissile material—is all too real. Rogers (MI) Kucinich Perlmutter Tierney Buchanan Jordan (OH) (C) The United States must overcome its Rooney Langevin Perriello Titus Burgess King (IA) trust deficit with Pakistan and demonstrate Ros-Lehtinen Larsen (WA) Peters Tonko Burton (IN) King (NY) Roskam Larson (CT) Peterson Towns that it is a reliable, long-term partner. Buyer Kingston Royce Lee (CA) Pingree (ME) Tsongas (2) The Government of Pakistan is facing Calvert Kirk Levin Polis (CO) Van Hollen significant security and socio-economic chal- Camp Kline (MN) Ryan (WI) Lipinski Pomeroy Vela´ zquez Campbell Lamborn Scalise lenges that set the conditions for greater Loebsack Price (NC) Visclosky Cantor Lance Schmidt radicalization and may threaten Pakistan’s Lofgren, Zoe Quigley Walz Cao Latham Schock viability. Such challenges include the fol- Lowey Rahall Wasserman Capito LaTourette Sensenbrenner Luja´ n Rangel Schultz lowing: Carter Latta Sessions Lynch Reyes Waters (A) Al Qaeda’s and other extremist groups’ Cassidy Lee (NY) Shadegg Maffei Rodriguez Watson campaign of violent attacks throughout Castle Lewis (CA) Shimkus Maloney Rohrabacher Watt Pakistan, including the Red Mosque inci- Chaffetz Linder Shuster Markey (CO) Ross Waxman Coble LoBiondo Simpson dent, the assassination of Benazir Bhutto, Markey (MA) Rothman (NJ) Weiner Coffman (CO) Luetkemeyer Smith (NE) and the bombing of the Marriott Hotel in Massa Roybal-Allard Welch Cole Lummis Smith (NJ) Islamabad. Matheson Ruppersberger Wexler Conaway Lungren, Daniel Smith (TX) Matsui Rush Wilson (OH) (B) Pakistan’s population growth at a rate Crenshaw E. Souder McCarthy (NY) Ryan (OH) Woolsey of approximately 2 percent a year, with near- Culberson Mack Stearns McCollum Salazar Wu ly half of its 172 million residents illiterate, Davis (KY) Manzullo Terry McDermott Sanchez, Loretta Yarmuth under the age of 20, and living near or below Deal (GA) Marchant Thompson (PA) the poverty line. Dent Marshall Thornberry NOT VOTING—14 Diaz-Balart, L. McCarthy (CA) Tiahrt (3) Security and stability to Pakistan is Diaz-Balart, M. McCaul Tiberi Baca Himes Oberstar further complicated given the prevalence of Dreier McClintock Turner Bishop (UT) Kagen Richardson ´ ungoverned spaces between Pakistan and Af- Duncan McCotter Upton Blunt Kennedy Sanchez, Linda Brown, Corrine Lewis (GA) T. ghanistan in which state control has not Ehlers McHenry Walden been fully exercised given ethnic and tribal Wamp Delahunt Lucas Sullivan Emerson McHugh affiliations. Fallin McKeon Westmoreland b 1453 Flake McMorris Whitfield (4) The security and stability of Pakistan Fleming Rodgers Wilson (SC) Messrs. TEAGUE, SCHRADER, is vital to the national security of the Forbes Mica Wittman MOORE of Kansas, RUSH, SESTAK United States, and the consequences of fail- Fortenberry Miller (FL) Wolf and Ms. SHEA-PORTER changed their ure poses a grave threat to the security of Foxx Miller (MI) Young (AK) the American people, the region, and United Franks (AZ) Miller, Gary Young (FL) vote from ‘‘yea’’ to ‘‘nay.’’ States allies. Mr. HALL of Texas changed his vote NAYS—246 (5) The objectives of United States policy from ‘‘nay’’ to ‘‘yea.’’ toward Pakistan are to empower and enable Abercrombie Carney Donnelly (IN) Ackerman Carson (IN) Doyle So the amendment was rejected. Pakistan to— Adler (NJ) Castor (FL) Driehaus The result of the vote was announced (A) develop into a prosperous and demo- Altmire Chandler Edwards (MD) as above recorded. cratic state that is at peace with itself and Andrews Childers Edwards (TX) The SPEAKER pro tempore. The with its neighbors; Arcuri Clarke Ellison question is on the engrossment and (B) actively confront, and deny safe haven Baird Clay Ellsworth to, al Qaeda, the Taliban, and other extrem- Baldwin Cleaver Engel third reading of the bill. ists; Barrow Clyburn Eshoo The bill was ordered to be engrossed Bean Cohen Etheridge (C) implement the economic, legal, and so- Becerra Connolly (VA) Farr and read a third time, and was read the cial reforms required to create an environ- Berkley Conyers Fattah third time. ment that discourages violent Islamic extre- Berman Cooper Filner MOTION TO RECOMMIT mism; and Berry Costa Foster Mr. ROGERS of Michigan. Mr. (D) maintain robust command and control Bishop (GA) Costello Frank (MA) over its nuclear weapons technology. Bishop (NY) Courtney Fudge Speaker, I have a motion to recommit SEC. 103. COMPREHENSIVE INTERAGENCY Blumenauer Crowley Giffords at the desk. STRATEGY AND IMPLEMENTATION Boccieri Cuellar Gonzalez PLAN FOR PAKISTAN. Boren Cummings Gordon (TN) The SPEAKER pro tempore. Is the Boswell Dahlkemper Grayson gentleman opposed to the bill? (a) IN GENERAL.—Not later than 30 days Boucher Davis (AL) Green, Al Mr. ROGERS of Michigan. Yes, I am. after the date of the enactment of the Sup- Boyd Davis (CA) Green, Gene The SPEAKER pro tempore. The plemental Appropriations Act of 2009, the Brady (PA) Davis (IL) Griffith Clerk will report the motion to recom- President shall develop and transmit to the Braley (IA) Davis (TN) Grijalva appropriate congressional committees a Bright DeFazio Gutierrez mit. comprehensive interagency strategy and im- Butterfield DeGette Hall (NY) The Clerk read as follows: Capps DeLauro Halvorson plementation plan for long-term security Capuano Dicks Hare Mr. Rogers of Michigan moves to recommit and stability in Pakistan which shall be Cardoza Dingell Harman the bill H.R. 1886 to the Committee on For- composed of the elements specified in sub- Carnahan Doggett Hastings (FL) eign Affairs with instructions to report the section (b).

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(b) ELEMENTS.—The comprehensive inter- 104 as budgetary support to the Government (B) develop increasingly reliable and capa- agency strategy and implementation plan re- of Pakistan or to any persons, agencies, in- ble Afghan security forces that can actively quired by subsection (a) shall contain at strumentalities, or elements of the Govern- confront, and deny safe haven to al Qaeda, least the following elements: ment of Pakistan and shall describe the pur- the Taliban, and other extremists and even- (1) A description of how United States as- pose and conditions attached to any such tually lead the counterinsurgency and sistance described in section 104 will be used budgetary support assistance. The President counterterrorism fight with reduced United to achieve the objectives of United States shall notify the appropriate congressional States assistance. policy toward Pakistan. committees not later than 30 days prior to SEC. 203. COMPREHENSIVE INTERAGENCY (2) Progress toward the following: obligating any other type of assistance de- STRATEGY AND IMPLEMENTATION (A) Assisting efforts to enhance civilian scribed in section 104. PLAN FOR AFGHANISTAN. control and a stable constitutional govern- SEC. 106. DEFINITION. (a) IN GENERAL.—Not later than 30 days ment in Pakistan and promote bilateral and In this title, the term ‘‘appropriate con- after the date of the enactment of the Sup- regional trade and economic growth. gressional committees’’ means— plemental Appropriations Act, 2009, the (B) Developing and operationally enabling (1) the Committee on Appropriations, the President shall develop and transmit to the Pakistani security forces so they are capable Committee on Armed Services, the Com- appropriate congressional committees a of succeeding in sustained counter-insur- mittee on Foreign Affairs, and the Perma- comprehensive interagency strategy and implementation plan for long-term security gency and counter-terror operations. nent Select Committee on Intelligence of the and stability in Afghanistan which shall be (C) Shutting down Pakistani safe havens House of Representatives; and composed of the elements specified in sub- for extremists. (2) the Committee on Appropriations, the section (b). (D) Improving Pakistan’s capacity and ca- Committee on Armed Services, the Com- (b) ELEMENTS.—The comprehensive inter- mittee on Foreign Relations, and the Select pability to ‘‘hold’’ and ‘‘build’’ areas cleared agency strategy and implementation plan re- of insurgents to prevent their return. Committee on Intelligence of the Senate. quired by subsection (a) shall contain at (E) Developing and strengthening mecha- TITLE II—COMPREHENSIVE INTER- least the following elements: nisms for Pakistan-Afghanistan cooperation. AGENCY STRATEGY AND IMPLEMENTA- (1) A description of how United States as- (3) A financial plan and description of the TION PLAN FOR LONG-TERM SECURITY sistance described in section 204 will be used resources, programming, and management of AND STABILITY IN AFGHANISTAN to achieve the objectives of United States United States foreign assistance to Paki- SEC. 201. SHORT TITLE. policy toward Afghanistan. stan, including the criteria used to deter- This title may be cited as the ‘‘United (2) Progress toward the following: mine their prioritization. States-Afghanistan Security and Stability (A) Executing and resourcing an integrated (4) A complete description of both the eval- Act’’. civilian-military counterinsurgency strategy uation process for reviewing and adjusting SEC. 202. FINDINGS. in Afghanistan. the strategy and implementation as nec- Congress finds the following: (B) Disrupting terrorist networks in Af- essary, and measures of effectiveness for the (1) Congress supports the following ele- ghanistan and Pakistan to degrade any abil- implementation of the strategy. ments outlined in the President’s White ity such networks have to plan and launch (c) INTELLIGENCE SUPPORT.—The President, Paper of the Interagency Policy Group’s Re- international terrorist attacks. in developing the comprehensive interagency port on United States Policy Toward Af- (C) Resourcing and prioritizing civilian as- strategy and implementation plan required ghanistan and Pakistan: sistance in Afghanistan. by subsection (a), shall consult with the Di- (A) The United States has a vital national (D) Promoting a more capable, account- rector of National Intelligence. security interest in addressing the current able, and effective government in Afghani- (d) UPDATES OF STRATEGY.—The President and potential security threats posed by ex- stan that serves the Afghan people. shall transmit in writing to the appropriate tremists in Afghanistan and Pakistan. (E) Expanding the Afghan National Secu- congressional committees any updates of the (B) The United States homeland, Pakistan, rity Forces and developing self-reliant secu- comprehensive interagency strategy and im- Afghanistan, India, Europe, Australia, and rity forces that can lead the counterinsur- plementation plan required by subsection United States allies in the Middle East re- gency and counterterrorism fight with re- (a), as necessary. main targets of al Qaeda and other extremist duced United States assistance. SEC. 104. AUTHORIZATION OF ASSISTANCE FOR groups. (F) Supporting Afghanistan in disrupting PAKISTAN. (C) At the same time, the Taliban and re- and dismantling narco-traffickers and break- (a) FOREIGN ASSISTANCE ACT OF 1961.— lated organizations seek to reestablish their ing the narcotics-insurgency nexus. There is authorized to be appropriated to the old sanctuaries in Afghanistan. (G) Ensuring that nations and various President, for the purposes of providing as- (2) Afghanistan is a central front in the international organizations that have sistance to Pakistan under the Foreign As- global struggle against al Qaeda and other pledged to provide multilateral and bilateral sistance Act of 1961 (22 U.S.C. 2151 et seq.), affiliated networks. A stable Afghanistan assistance to support efforts to rebuild Af- $1,500,000,000 or such sums as may be nec- that is free from al Qaeda, the Taliban, and ghanistan fulfill their commitment. essary for each of the fiscal years 2010 extremist influence and ideology will require (H) Developing and strengthening mecha- through 2013. a patient, long-term, integrated political, nisms for Afghanistan-Pakistan cooperation. (b) PAKISTAN COUNTERINSURGENCY CAPA- military, and economic strategy that is ade- (3) A financial plan and description of the BILITY FUND.—There is authorized to be ap- quately resourced to accomplish its objec- resources, programming, and management of propriated to the President, for the purposes tives. United States foreign assistance to Afghani- of building a more effective counterinsur- (3) Allowing Afghanistan to revert to its stan, including the criteria used to deter- gency capability in Pakistan’s security pre-September 11, 2001, status of control by mine their prioritization. forces, up to $700,000,000 for the Pakistan al Qaeda and the Taliban is not an option for (4) A complete description of both the eval- Counterinsurgency Capability Fund, for fis- United States policy. uation process for reviewing and adjusting cal year 2010. (4) Security and stability in Afghanistan is the strategy and implementation as nec- (c) USE OF FUNDS.—Amounts authorized to further complicated given the prevalence of essary, and measures of effectiveness for the be appropriated under this section or other- ungoverned space between Afghanistan and implementation of the strategy. wise made available to carry out this title Pakistan in which state control has not been (c) INTELLIGENCE SUPPORT.—The President, shall be used to the maximum extent prac- fully exercised given ethnic and tribal affili- in developing the comprehensive interagency ticable as direct expenditures for programs, ations. strategy and implementation plan required projects, and activities, subject to existing (5) The United States will continue to dem- by subsection (a), shall consult with the Di- reporting and notification requirements. onstrate its long-term commitment to the rector of National Intelligence. (d) UPDATES OF STRATEGY.—The President people of Afghanistan by— SEC. 105. CONGRESSIONAL BRIEFING AND NOTI- shall transmit in writing to the appropriate FICATION REQUIREMENTS. (A) sustained civilian assistance and pro- congressional committees any updates of the (a) BRIEFING.—Not later than 30 days after viding United States commanders with the comprehensive interagency strategy and im- the date of the transmission of the com- troops and resources needed to conduct coun- plementation plan required by subsection prehensive interagency strategy and imple- terinsurgency operations with the support of (a), as necessary. mentation plan required by section 103, and the Government and people of Afghanistan; SEC. 204. AUTHORIZATION OF ASSISTANCE FOR quarterly thereafter through December 1, and AFGHANISTAN. 2013, the President, acting through the Sec- (B) continuing to engage the Afghan people (a) IN GENERAL.—There is authorized to be retary of State and the Secretary of Defense, in ways that demonstrate United States appropriated to the President, for the pur- shall brief the appropriate congressional commitment to promoting a legitimate and poses of providing assistance to Afghanistan committees on the status of the comprehen- capable Afghan government. under the Foreign Assistance Act of 1961 (22 sive interagency strategy and implementa- (6) The objectives of United States policy U.S.C. 2151 et seq.), $2,800,000,000 or such tion plan. toward Afghanistan are to empower and en- sums as may be necessary for each of the fis- (b) NOTIFICATION.—The President shall no- able Afghanistan to— cal years 2010 through 2013. tify the appropriate congressional commit- (A) develop into secure and stable state (b) USE OF FUNDS.—Amounts authorized to tees not later than 30 days prior to obli- with a government that exercises full con- be appropriated under this section or other- gating any assistance described in section trol and authority over all the country; and wise made available to carry out this title

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.020 H11JNPT1 jbell on PROD1PC69 with HOUSE H6582 CONGRESSIONAL RECORD — HOUSE June 11, 2009 shall be used to the maximum extent prac- you want U.S. money to help us in the puts a little common sense back in it ticable as direct expenditures for programs, fight against terrorism that is ongoing and says, you know what, we’ll get to projects, and activities, subject to existing today by people like Batula Masood, the teacher pay scale and merit-based reporting and notification requirements. who are trying to kill Americans today system that you would like to get to SEC. 205. CONGRESSIONAL BRIEFING AND NOTI- and make further unstable the Paki- FICATION REQUIREMENTS. maybe another day, but today we are (a) BRIEFING.—Not later than 30 days after stani Government, or Fazlullah, who worried about the safety and security the date of the transmission of the com- has moved into the Swat area, the first of our soldiers in Afghanistan who are prehensive interagency strategy and imple- time somebody from the tribal areas under attack from Taliban leaders, mentation plan required by section 203, and has taken this effort. headquartered the Shura Council in quarterly thereafter through December 1, b 1508 Quetta, Pakistan. We are worried 2013, the President, acting through the Sec- about the Haqqani network, who is de- Fazlullah, for the first time, took retary of State and the Secretary of Defense, veloping the logistical support that shall brief the appropriate congressional some settled areas. It used to be a they need through arms and other committees on the status of the comprehen- great area—as a matter of fact, a tour- things to help target our soldiers in Af- sive interagency strategy and implementa- ist area in Pakistan, the Swat Valley— ghanistan. We are worried about tion plan. and the military has had difficulty in Fazlullah’s efforts in his first settled (b) NOTIFICATION.—The President shall no- trying to extract them from what is a tify the appropriate congressional commit- areas of Pakistan. That ought to be our settled area in Pakistan. That is real tees not later than 30 days before obligating watch today. trouble. any assistance described in section 204 as We are getting ready to send thou- budgetary support to the Government of Af- Many of you have quoted ‘‘The 60 Miles from Islamabad.’’ That was the sands and thousands of fresh United ghanistan or to any persons, agencies, in- States troops to this region. Our focus strumentalities, or elements of the Govern- Swat Valley movement, and it was ment of Afghanistan and shall describe the done by Fazlullah, 30-something years has to be national security; it has to be purpose and conditions attached to any such old, rabid Taliban leader, who was able their security. It has to say, Pakistan, budgetary support assistance. The President to, in just a very short period of time, we are a partner, not your mother. We shall notify the appropriate congressional take over most of the police stations. are not going to hold your hand in this. committees not later than 30 days before ob- You have al Qaeda senior leadership We are going to be your equal partner ligating any other type of assistance de- in your fight on terror. Thank you for scribed in section 204. moving freely with the Haqqani network supporting their abilities in the your commitment. SEC. 206. DEFINITION. We’re going to stand up for those In this title, the term ‘‘appropriate con- tribal areas of Pakistan. Batula Masood, as I said before, has been en- folks. gressional committees’’ means— I yield back the remainder of my (1) the Committee on Appropriations, the gaged in terrorist acts not only against Committee on Armed Services, the Com- us, but the Pakistanis. time. mittee on Foreign Affairs, and the Perma- Their government is at risk, their Mr. BERMAN. Mr. Speaker, I rise in nent Select Committee on Intelligence of the people are dying. This bill arrogantly opposition to the motion. House of Representatives; and says, listen, we want you to help us in The SPEAKER pro tempore. The gen- (2) the Committee on Appropriations, the terrorism, but let me tell you what’s tleman from California is recognized Committee on Armed Services, the Com- important, your teacher pay scales. for 5 minutes. mittee on Foreign Relations, and the Select Those are important. Mr. BERMAN. I made a mistake ear- Committee on Intelligence of the Senate. This is a sovereign nation. As a mat- lier. I objected to the reading of the Mr. BERMAN (during the reading). ter of fact, Senator KERRY—we don’t motion to recommit. I should have Mr. Speaker, I ask unanimous consent often agree with Senator KERRY—an asked for a reading of the bill. As much that the reading be dispensed with. interesting quote: ‘‘Well’’—I won’t use as I admire the gentleman, the one The SPEAKER pro tempore. Is there all of his language—‘‘we’re just doing thing that is clear to me from his com- objection to the request of the gen- their bidding. We’re their lackeys. ments is he didn’t read the bill. tleman from California? We’re not in control. You guys (the We have absolutely no conditions or There was no objection. Pakistani Government) are an Amer- restrictions or efforts to earmark or tie The SPEAKER pro tempore. Pursu- ican puppet, blah, blah, blah.’’ What he up any of the economic assistance in ant to the rule, the gentleman from was saying is, don’t put all these arbi- this bill. Why you would say that is Michigan (Mr. ROGERS) is recognized trary caveats on this bill. only because someone told you that. for 5 minutes in support of his motion. Let’s support President Obama. He Because when you look at the bill, we Mr. ROGERS of Michigan. Mr. hasn’t been there that long. He wants have some principles, we have sugges- Speaker, I commend my friend, Mr. to implement his policy. He says he tions, we lay out things that need to be BERMAN, for his efforts on this bill, as needs flexibility. I agree with him. This done to build democratic institutions I do Congresswoman ROS-LEHTINEN on is one of the most complicated, com- in Pakistan, to build a school system. her efforts on what I think is the most plex problems we will face when it We know that we are providing up to pressing national security issue we face comes to national security. $12 billion, much of it in economic as- today, Pakistan. And when you look at You even, in this bill—and I don’t sistance for schools that have no teach- the troubles that they face and what a think you’re thinking about what the ers. We’re providing money for teach- unique country it is, they are a nu- implications are—through your labor ers who have no education and don’t clear-armed sovereign nation that has agreements in this bill, inspectors are know how to teach science and math. expressed concern about its eastern to publish reports listing the names So we suggest in this bill some guide- neighbors, the Indians, and all of the and locations of every firm in the pro- lines and tie no one’s hands. We don’t effort, both diplomatic, economic, mili- gram. This is a nation beleaguered by tie the Secretary’s hands; we don’t tie tarily, intelligence, that they apply to terrorists. Why would you give them a the Pakistanis’ hands. what they view as a problem sect. list of targets in Pakistan published by Now, the state of play is that when And to the west of that country, even the United States Government? It we put together our Pakistan bill, we in their Constitution, they treat dif- makes no sense whatsoever. went to the minority and said, let’s ferently. They give it special auton- You often talked about the arrogance work on a Pakistan/Afghanistan bill. omy: the Federally Administered Trib- of the previous administration telling They weren’t interested. The problem al Areas. And that’s the area that has people how they ought to live and tell- with the minority’s way to do a motion caused Afghanistan and the United ing them how they ought to govern. to recommit is the leadership meets in States untold misery, danger, some- This is the most intrusive, most arro- some office—they don’t bring in the thing we ought to worry about. gant approach to providing someone Republicans from the committee—and And this bill in the most arrogant assistance that is actually helping us they come up with a motion to recom- way says, You know what? We know fight terrorism in the most difficult mit, let’s join Afghanistan with Paki- better than you, Pakistan. We’re going area I can find in the world today. stan. We’ve been trying to do that for to make you set up a teachers’ pay I am going to ask you to please take 4 months in our committee, but the mi- scale if you want our Federal money, if a look at this motion to recommit. It nority didn’t want to do it that way.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.020 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6583 And by the way, we just had a little RECORDED VOTE Ellison Lee (CA) Reyes vote. We had a vote on a Republican Ellsworth Levin Rodriguez Mr. ROGERS of Michigan. Mr. Engel Lipinski Rohrabacher substitute that, on security assistance, Speaker, I demand a recorded vote. Eshoo Loebsack Ross had no monitoring provisions, no au- A recorded vote was ordered. Etheridge Lofgren, Zoe Rothman (NJ) diting provisions, no evaluation provi- Farr Lowey Roybal-Allard The SPEAKER pro tempore. Pursu- Fattah Luja´ n sions. This is in the context of $12 bil- Ruppersberger ant to clause 9 of rule XX, the Chair Filner Lungren, Daniel Rush lion that’s been spent, a huge amount will reduce to 5 minutes the minimum Foster E. Ryan (OH) on reimbursements for which there are time for electronic vote on the ques- Frank (MA) Lynch Salazar Fudge Maffei Sanchez, Loretta no receipts for money, that we cannot tion of passage. Giffords Maloney find what it went for. If you like what’s Sarbanes The vote was taken by electronic de- Gonzalez Markey (CO) Schakowsky been going on there, you’re praising vice, and there were—ayes 164, noes 245, Gordon (TN) Markey (MA) Schauer the right of Pakistan to do what it Grayson Marshall Schiff not voting 24, as follows: Green, Al Massa Schrader wants to do. Green, Gene Matheson When Musharraf kept making ap- [Roll No. 332] Schwartz Grijalva Matsui Scott (GA) Gutierrez McCarthy (NY) peasement agreements with different AYES—164 Scott (VA) Hall (NY) McCollum elements of the Taliban, was that a Aderholt Franks (AZ) Myrick Serrano Halvorson McDermott Akin Frelinghuysen Neugebauer Sestak wise thing to be encouraging? I don’t Hare McGovern Alexander Gallegly Nunes Shea-Porter Harman McMahon think so. The only thing we provide Austria Garrett (NJ) Sherman Olson Hastings (FL) McNerney any benchmarks on is the security as- Bachmann Gerlach Shuler Paulsen Heinrich Meek (FL) Bachus Gingrey (GA) Sires sistance. And what we say there is, Mr. Pence Heller Meeks (NY) Barrett (SC) Gohmert Skelton President, look at how that money is Petri Herseth Sandlin Michaud Bartlett Granger Smith (WA) Pitts Higgins Miller (NC) being spent and make a determination Barton (TX) Graves Snyder Platts Hill Miller, George whether or not Pakistan has a commit- Biggert Griffith Poe (TX) Hinchey Mitchell Space Bilbray Guthrie ment—that they are now, by the way, Posey Hinojosa Mollohan Speier Bilirakis Hall (TX) Price (GA) Hirono Moore (KS) Spratt demonstrating—to combating the in- Bishop (UT) Harper Putnam Hodes Moore (WI) Stark surgency and fighting the terrorists, Blackburn Hastings (WA) Radanovich Holden Moran (VA) Stupak Boehner Hensarling and whether they’re making progress. Holt Murphy (CT) Sutton Bonner Herger Rehberg And are they cooperating in the efforts Honda Murphy (NY) Tanner Bono Mack Hoekstra Reichert Hoyer Murphy, Patrick Tauscher to dismantle the proliferation regime, Boozman Hunter Roe (TN) Inslee Murtha Taylor and are they doing things to secure it? Boustany Inglis Rogers (AL) Israel Nadler (NY) Teague Brady (TX) Issa Rogers (KY) And, Mr. President, you make the de- Jackson (IL) Napolitano Thompson (CA) Broun (GA) Jenkins Rogers (MI) Jackson-Lee Neal (MA) Thompson (MS) termination and you make the deci- Brown (SC) Johnson, Sam Rooney (TX) Nye Tierney sion. Brown-Waite, Jordan (OH) Ros-Lehtinen Johnson (GA) Oberstar Titus Ginny King (NY) Roskam We have worked with the leadership Johnson (IL) Obey Towns Buchanan Kingston Royce of the Armed Services Committee to Johnson, E. B. Olver Tsongas Burgess Kirk Ryan (WI) Jones Ortiz Van Hollen make sure that the security assistance Burton (IN) Kline (MN) Scalise Kanjorski Pallone Vela´ zquez gets to the Pakistani military as Buyer Lamborn Schock Kaptur Pascrell Walz Calvert Lance quickly as possible, but not equipment Sensenbrenner Kildee Pastor (AZ) Wasserman Camp Latham Sessions Kilpatrick (MI) Paul Schultz that has nothing to do with the coun- Campbell LaTourette Shadegg Kilroy Payne Waters terinsurgency. We want the equipment, Cantor Latta Shimkus Kind Perlmutter Watson Cao Lee (NY) the helicopters, the night-vision gog- Shuster Kirkpatrick (AZ) Perriello Watt Capito Lewis (CA) gles, the training, the IMET programs Simpson Kissell Peters Waxman Carter Linder Smith (NE) Klein (FL) Pingree (ME) Weiner to go as fast as they can. So in our bill, Castle LoBiondo Smith (NJ) Kosmas Polis (CO) Welch not in yours, but in our bill we waive Coble Lummis Smith (TX) Kratovil Pomeroy Wexler Coffman (CO) Mack all the traditions that now exist on Souder Kucinich Price (NC) Wilson (OH) Cole Manzullo Stearns Langevin Quigley Woolsey traditional security assistance pro- Conaway Marchant Larsen (WA) Rahall Wu grams. Crenshaw McCarthy (CA) Terry Larson (CT) Rangel Yarmuth So this is a motion to recommit that Culberson McCaul Thompson (PA) Thornberry includes an Afghan bill that says, con- Davis (KY) McClintock NOT VOTING—24 Deal (GA) McCotter Tiahrt Baca Kennedy Sa´ nchez, Linda tinue as usual, where the lack of end- Dent McHenry Tiberi Becerra King (IA) use monitoring has meant that we have Diaz-Balart, L. McHugh Turner T. Blunt Lewis (GA) Diaz-Balart, M. McKeon Upton Schmidt been arming the Taliban because they Brown, Corrine Lucas Dreier McMorris Walden Slaughter steal the guns we provide and use them Cassidy Luetkemeyer Ehlers Rodgers Wamp Sullivan Delahunt McIntyre against our forces and the Afghan Emerson Melancon Westmoreland Tonko Goodlatte Minnick forces, and repeat in toto the Repub- Fallin Mica Whitfield Visclosky Himes Peterson Flake Miller (FL) Wilson (SC) lican substitute we just rejected. Kagen Richardson Let’s vote against it. We did it once; Fleming Miller (MI) Wittman Forbes Miller, Gary Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE let’s do it again. Let’s try to reestab- Fortenberry Moran (KS) Young (AK) The SPEAKER pro tempore (during lish some sense of bipartisan collabora- Foxx Murphy, Tim Young (FL) the vote). Members are advised they tion. These differences aren’t that NOES—245 now have less than 2 minutes remain- great. We can work them out if the ma- Abercrombie Braley (IA) Costello ing. jority and the minority cooperate. I Ackerman Bright Courtney say, as the chairman of the committee Adler (NJ) Butterfield Crowley b 1523 with jurisdiction over these issues, I Altmire Capps Cuellar Mr. WESTMORELAND changed his Andrews Capuano Cummings would love to put together a bipartisan Arcuri Cardoza Dahlkemper vote from ‘‘no’’ to ‘‘aye.’’ approach. Maybe we can start working Baird Carnahan Davis (AL) So the motion to recommit was re- on that for the conference committee. Baldwin Carney Davis (CA) jected. Mr. Speaker, I yield back the balance Barrow Carson (IN) Davis (IL) The result of the vote was announced Bean Castor (FL) Davis (TN) of my time. Berkley Chaffetz DeFazio as above recorded. The SPEAKER pro tempore. Without Berman Chandler DeGette Stated for: objection, the previous question is or- Berry Childers DeLauro Mr. GOODLATTE. Mr. Speaker, on rollcall dered. Bishop (GA) Clarke Dicks No. 332 I was unavoidably detained. Had I Bishop (NY) Clay Dingell There was no objection. Blumenauer Cleaver Doggett been present, I would have voted ‘‘aye.’’ The SPEAKER pro tempore. The Boccieri Clyburn Donnelly (IN) Mr. KING of Iowa. Mr. Speaker, on rollcall question is on the motion to recommit. Boren Cohen Doyle No. 332 I was detained in the Committee on The question was taken; and the Boswell Connolly (VA) Driehaus Agriculture during a question and answer ex- Boucher Conyers Duncan Speaker pro tempore announced that Boyd Cooper Edwards (MD) change with Secretary of Agriculture Vilsack the noes appeared to have it. Brady (PA) Costa Edwards (TX) and was not able to reach the floor before the

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.058 H11JNPT1 jbell on PROD1PC69 with HOUSE H6584 CONGRESSIONAL RECORD — HOUSE June 11, 2009 vote was closed. Had I been present, I would [Roll No. 333] Costello Kline (MN) Posey have voted ‘‘aye.’’ Crenshaw Kucinich Price (GA) AYES—234 Culberson Lamborn Putnam Mr. CASSIDY. Mr. Speaker, on rollcall No. Ackerman Grijalva Obey Davis (KY) Lance Radanovich 332 I was unavoidably detained. Had I been Adler (NJ) Gutierrez Olver Deal (GA) Latham Rehberg present, I would have voted ‘‘aye.’’ Altmire Hall (NY) Ortiz Dent LaTourette Roe (TN) Andrews Halvorson Pallone Diaz-Balart, L. Latta Rogers (AL) Mr. TONKO. Mr. Speaker, on rollcall No. Baird Hare Pascrell Diaz-Balart, M. Lee (NY) Rogers (KY) 332 I was unable to vote due to the fact that Baldwin Harman Pastor (AZ) Doggett Lewis (CA) Rogers (MI) Dreier Linder Barrow Hastings (FL) Payne Rohrabacher I was meeting with constituents. Had I been Duncan Lipinski Bean Heinrich Perlmutter Rooney present, I would have voted ‘‘no.’’ Emerson LoBiondo Becerra Herseth Sandlin Peters Ros-Lehtinen Fallin Lucas Ms. SLAUGHTER. Mr. Speaker, on rollcall Berkley Higgins Peterson Roskam Berman Hill Pingree (ME) Flake Luetkemeyer No. 332 I was unable to vote due to the fact Fleming Lummis Ryan (WI) Berry Hinchey Polis (CO) Scalise that I was meeting with constituents. Had I Bishop (GA) Hinojosa Forbes Mack Pomeroy Schmidt Bishop (NY) Hirono Price (NC) Fortenberry Manzullo been present, I would have voted ‘‘no.’’ Schock Blumenauer Hodes Quigley Foxx Marchant Mr. BECERRA. Mr. Speaker, I was unavoid- Sensenbrenner Boccieri Holden Rahall Franks (AZ) Massa Sessions ably detained earlier today and missed rollcall Boren Holt Rangel Frelinghuysen McCarthy (CA) vote 332. If present, I would have voted ‘‘no.’’ Boswell Honda Reichert Gallegly McCaul Shadegg Garrett (NJ) McClintock Shimkus (By unanimous consent, Mr. UPTON Boucher Hoyer Reyes Boyd Inslee Rodriguez Gerlach McCotter Shuler was allowed to speak out of order.) Brady (PA) Israel Ross Gingrey (GA) McDermott Shuster Gohmert McHenry Simpson ANNOUNCING THE DEATH OF FORMER MEMBER Braley (IA) Jackson (IL) Rothman (NJ) Butterfield Jackson-Lee Roybal-Allard Goodlatte McKeon Smith (NE) CARL PURSELL OF MICHIGAN Cao (TX) Royce Granger McMorris Smith (NJ) Mr. UPTON. Mr. Speaker, as dean of Capps Johnson (GA) Ruppersberger Graves Rodgers Smith (TX) the Michigan Republican delegation, I Capuano Johnson, E. B. Rush Guthrie Mica Souder Cardoza Kanjorski Ryan (OH) Hall (TX) Michaud Stark have the sad duty to relay the news Carnahan Kildee Salazar Harper Miller (FL) Stearns that our former colleague Carl Pursell Carney Kilpatrick (MI) Sanchez, Loretta Hastings (WA) Miller (MI) Terry from Michigan passed away this morn- Carson (IN) Kilroy Sarbanes Heller Miller, Gary Thompson (PA) Hensarling Minnick Castor (FL) Kind Schakowsky Thornberry ing. He was the ranking member on the Herger Moran (KS) Chandler Kirk Schauer Tiahrt Labor-HHS appropriations sub- Hoekstra Murphy, Tim Childers Kirkpatrick (AZ) Schiff Tiberi committee for many years. He retired Clarke Klein (FL) Schrader Hunter Myrick Inglis Neugebauer Turner in 1993. Clay Kosmas Schwartz Walden Cleaver Kratovil Scott (GA) Issa Nunes I would yield to Mr. MCCOTTER who Jenkins Olson Wamp Clyburn Langevin Scott (VA) Waters Cohen Larsen (WA) Serrano Johnson, Sam Paul represents Plymouth, Michigan. Westmoreland Connolly (VA) Larson (CT) Sestak Jones Paulsen Whitfield Mr. McCOTTER. I thank the gen- Cooper Lee (CA) Shea-Porter Jordan (OH) Pence Wilson (SC) tleman. Costa Levin Sherman Kaptur Perriello Wittman I grew up in Carl’s district. We Courtney Loebsack Sires King (IA) Petri Crowley Lofgren, Zoe Skelton King (NY) Pitts Wolf watched as he went from a Wayne Cuellar Lowey Slaughter Kingston Platts Young (AK) County commissioner to a Michigan Cummings Luja´ n Smith (WA) Kissell Poe (TX) Young (FL) State Senator and then into this illus- Dahlkemper Lungren, Daniel Snyder NOT VOTING—14 trious body. As a young person growing Davis (AL) E. Space Davis (CA) Lynch Speier Baca Johnson (IL) Napolitano up getting interested in politics, Carl’s Davis (IL) Maffei Spratt Blunt Kagen Richardson example was an inspiration. It showed Davis (TN) Maloney Stupak Brown, Corrine Kennedy Sa´ nchez, Linda that a fine and decent gentleman could DeFazio Markey (CO) Sutton Delahunt Lewis (GA) T. DeGette Markey (MA) Tanner Himes Murphy (CT) Sullivan come from the small town of Plym- DeLauro Marshall Tauscher outh, retain his Main Street truths, Dicks Matheson Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and do the people’s business in this, the Dingell Matsui Teague The SPEAKER pro tempore (during people’s House. Donnelly (IN) McCarthy (NY) Thompson (CA) Doyle McCollum Thompson (MS) the vote). There are less than 2 min- The last several years have not been Driehaus McGovern Tierney utes remaining on this vote. kind to Carl. He is in a far better place, Edwards (MD) McHugh Titus and we are all diminished. Our best Edwards (TX) McIntyre Tonko Ehlers McMahon Towns b 1534 goes out to his family, and we would Ellison McNerney Tsongas appreciate it if you keep him in your Ellsworth Meek (FL) Upton So the bill was passed. prayers. Engel Meeks (NY) Van Hollen Eshoo Melancon Vela´ zquez The result of the vote was announced Mr. UPTON. Mr. Speaker, I would Etheridge Miller (NC) Visclosky as above recorded. ask for a moment of silence. Farr Miller, George Walz A motion to reconsider was laid on The SPEAKER pro tempore. Mem- Fattah Mitchell Wasserman Filner Mollohan Schultz the table. bers will rise for a moment of silence. Foster Moore (KS) Watson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Frank (MA) Moore (WI) Watt Fudge Moran (VA) Waxman f The SPEAKER pro tempore. Without Giffords Murphy (NY) Weiner objection, 5-minute voting will con- Gonzalez Murphy, Patrick Welch Gordon (TN) Murtha Wexler PERSONAL EXPLANATION tinue. Grayson Nadler (NY) Wilson (OH) There was no objection. Green, Al Neal (MA) Woolsey Mr. JOHNSON of Illinois. Mr. Speaker, on The SPEAKER pro tempore. The Green, Gene Nye Wu rollcall No. 333, H.R. 1886 would provide an Griffith Oberstar Yarmuth question is on the passage of the bill. element of stability in the troubled Middle East, but its cost, in these economic times, is The question was taken; and the NOES—185 excessive. As a result, I determined a Speaker pro tempore announced that Abercrombie Blackburn Buyer ‘‘present’’ vote to be appropriate. I was the ayes appeared to have it. Aderholt Boehner Calvert Akin Bonner Camp present on the House floor for all votes prior RECORDED VOTE Alexander Bono Mack Campbell to and after this vote on final passage; and Mr. UPTON. Mr. Speaker, I demand a Arcuri Boozman Cantor due to a malfunction in the voting process, I Austria Boustany Capito recorded vote. Bachmann Brady (TX) Carter was shown as ‘‘Not Voting.’’ This explanation A recorded vote was ordered. Bachus Bright Cassidy is filed due to the unusual nature of the sub- Barrett (SC) Broun (GA) Castle stance of the issue, and my position and rec- The SPEAKER pro tempore. This Bartlett Brown (SC) Chaffetz will be a 5-minute vote. Barton (TX) Brown-Waite, Coble ordation of same. The vote was taken by electronic de- Biggert Ginny Coffman (CO) The SPEAKER pro tempore. Without Bilbray Buchanan Cole objection, H.R. 1886 is laid on the table. vice, and there were—ayes 234, noes 185, Bilirakis Burgess Conaway not voting 14, as follows: Bishop (UT) Burton (IN) Conyers There was no objection.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.023 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6585 AUTHORIZING SPEAKER TO EN- dedication of United States Holocaust Museum to educate people about the Holo- TERTAIN MOTION TO SUSPEND Memorial Museum employees and secu- caust and fight against anti-Semitism, rac- THE RULES ON TODAY rity personnel. ism, hatred and intolerance; and (5) urges the American people to join the Mr. BERMAN (during consideration The Clerk read the title of the resolu- Hour of Representatives in condemning this of H.R. 1886). Mr. Speaker, I ask unani- tion. act of hateful violence and intolerance. mous consent that the Speaker be au- The text of the resolution is as fol- The SPEAKER pro tempore. Pursu- thorized on this legislative day to en- lows: ant to the rule, the gentleman from tertain motions that the House sus- H. RES. 529 West Virginia (Mr. RAHALL) and the pend the rules relating to House Reso- Whereas, on June 10, 2009, an armed assail- gentleman from Washington (Mr. lution 529. ant with ties to white supremacist organiza- HASTINGS) each will control 20 minutes. The SPEAKER pro tempore. Is there tions, a conviction for a violent crime and a The Chair recognizes the gentleman history of anti-Semitic and racist activities from West Virginia. objection to the request of the gen- opened fire at the U.S. Holocaust Memorial tleman from California? Museum; GENERAL LEAVE There was no objection. Whereas, the gunman was a convicted felon Mr. RAHALL. Mr. Speaker, I ask f and obtained a firearm in violation of Fed- unanimous consent that all Members eral law; may have 5 legislative days in which to MESSAGE FROM THE SENATE Whereas, security personnel at the U.S. revise and extend their remarks and in- A message from the Senate by Ms. Holocaust Memorial Museum, U.S. Park Po- clude extraneous material on the reso- lice, and other emergency responders, re- lution under consideration. Curtis, one of its clerks, announced sponded quickly and valiantly to ensure the that the Senate has passed with an The SPEAKER pro tempore. Is there safety of museum visitors and staff and objection to the request of the gen- amendment a bill of the House of the other bystanders; following title: Whereas, Officer Stephen Tyrone Johns, tleman from West Virginia? who had worked at the Museum for six years, There was no objection. H.R. 1256. An act to protect the public Mr. RAHALL. Mr. Speaker, this reso- health by providing the Food and Drug Ad- was fired upon by the gunman and later trag- ministration with certain authority to regu- ically succumbed to his wounds; lution places this body on record as late tobacco products, to amend title 5, Whereas, the U.S. Holocaust Memorial Mu- condemning yesterday’s violent attack United States Code, to make certain modi- seum was established by the U.S. Holocaust on the U.S. Holocaust Memorial Mu- fications in the Thrift Savings Plan, the Memorial Council, which was created by seum, while also praising the bravery Civil Service Retirement System, and the Congress in 1980 (Public Law 96–388) and and sacrifice of those who defended Federal Employees’ Retirement System, and mandated to create a permanent living me- against this attack. The resolution fur- for other purposes. morial museum to the victims of the Holo- caust; ther recognizes the powerful and vital The message also announced that the Whereas, the U.S. Holocaust Memorial Mu- role that the memorial museum plays Senate passed a bill of the following seum was dedicated on April 22, 1993 and has in the world and rededicates this Con- title in which the concurrence of the since welcomed nearly 30 million visitors, in- gress to assisting wherever possible in House is requested: cluding more than 8 million school children helping the museum to accomplish its S. 407. An act to amend title 38, United and 85 heads of state; mission of education and enlighten- States Code, to provide for an increase, effec- Whereas, the primary mission of the U.S. ment. tive December 1, 2009, in the rates of com- Holocaust Memorial Museum is ‘‘to advance First and foremost, let me join my pensation for veterans with service-con- and disseminate knowledge about this un- colleagues in expressing our deep sad- nected disabilities and the rates of depend- precedented tragedy; to preserve the memory of those who suffered; and to encourage its ness and heartfelt condolences to the ency and indemnity compensation for the family and friends of Security Officer survivors of certain disabled veterans, to visitors to reflect upon the moral and spir- codify increases in the rates of such com- itual questions raised by the events of the Stephen Tyrone Johns. It is our hope pensation that were effective as of December Holocaust as well as their own responsibil- that, despite what must be nearly un- 1, 2008, and for other purposes. ities as citizens of a democracy.’’ bearable grief, those who loved Officer Whereas, the U.S. Holocaust Memorial Mu- Johns are also filled with enormous f seum serves as one of the world’s leading au- pride at the service he rendered during REMOVAL OF NAME OF MEMBER thorities on the Holocaust; his distinguished career and the sac- Whereas, the U.S. Holocaust Memorial Mu- AS COSPONSOR OF H.R. 2254 seum, created to remind us of what happened rifice he has now made. Mr. STEARNS. Mr. Speaker, I ask and what could happen when hatred turns Everyone involved in the tragic unanimous consent that I be removed into violence, has tragically become a target events of yesterday proved something as a cosponsor of H.R. 2254. itself; about themselves. Officer Johns, along The SPEAKER pro tempore. Is there Whereas, the attack at the U.S. Holocaust with the security and other emergency Memorial Museum is a horrific reminder of personnel who responded, proved that objection to the request of the gen- the violence that can stem from anti-Semi- tleman from Florida? training, dedication and bravery in the tism, racism, hatred, intolerance, and Holo- face of life-threatening events can save There was no objection. caust denial; lives. f Whereas, President Obama stated, ‘‘This outrageous act reminds us that we must re- Officer Johns in particular reminds REMOVAL OF NAME OF MEMBER main vigilant against anti-Semitism and us that there are those among us who AS COSPONSOR OF H.R. 848 prejudice in all its forms. No American insti- volunteer to stand watch over us, even tution is more important to this effort than knowing that they are risking their Ms. NORTON. Mr. Speaker, I ask the Holocaust Museum, and no act of vio- own lives. unanimous consent that I be removed lence will diminish our determination to The perpetrator of yesterday’s attack as a cosponsor of H.R. 848, the Perform- honor those who were lost by building a proved something as well. His actions ance Rights Act. more peaceful and tolerant world’’: Now, demonstrate that ignorance and hatred The SPEAKER pro tempore. Is there therefore, be it still exist and too often lead to vio- Resolved, That the House of Representa- objection to the request of the gentle- lence. By his actions, this man dem- woman from the District of Columbia? tives— (1) condemns the violent attack on the onstrated that the very evil which led There was no objection. U.S. Holocaust Memorial Museum on June to the Holocaust, the very evil he had f 10, 2009; sought in the past to deny, still exists (2) honors the bravery and dedication of and still must be resisted vigilantly. CONDEMNING SHOOTING AT U.S. the employees and security personnel at the And going forward, the U.S. Holo- HOLOCAUST MUSEUM United States Holocaust Memorial Museum caust Memorial Museum will prove Mr. RAHALL. Mr. Speaker, I move to and rededicates itself to the safety and the something as well. There was a time suspend the rules and agree to the reso- security of the Museum and its visitors; when people with hatred in their hearts (3) offers its condolences to the family of lution (H. Res. 529) condemning the Officer Stephen Tyrone Johns who was killed were powerful, a time when those who violent attack on the United States in the line of duty; devalued others based on race or reli- Holocaust Memorial Museum on June (4) redoubles its commitment to advance gion held in their hands the levers of 10, 2009 and honoring the bravery and the mission of the U.S. Holocaust Memorial power. Those days are over.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.064 H11JNPT1 jbell on PROD1PC69 with HOUSE H6586 CONGRESSIONAL RECORD — HOUSE June 11, 2009 The museum has suffered a great try. Today, the lessons of the Holo- sential stop for every American vis- loss, but the museum will continue in caust are more relevant than ever be- iting our Nation’s Capital, with few exits important work. This attack has no fore. Officer Johns died protecting ceptions. power over the museum, its supporters those values, and he is a hero to all of It was dedicated on April 22, 1993, and or its mission. us. has since welcomed nearly 30 million Hatred can no longer beat back the Americans stand today together to children, including 8 million school- forces of justice and equality. What- redouble our commitment to advance children and 85 heads of state. ever the dark aims of the attacker may the mission of the United States Holo- The museum’s mission is simply this: have been, there is no question that he caust Memorial Museum, to advance to ‘‘advance and disseminate knowl- has failed, and those like him will al- Holocaust education and fight against edge about this unprecedented tragedy; ways fail as long as organizations like anti-Semitism, racism, hatred and in- to preserve the memory of those who the U.S. Holocaust Memorial Museum tolerance in the United States and suffered; and to encourage its visitors are standing. throughout the world. Only by stand- to reflect upon the moral and spiritual I ask my colleagues to support this ing together can we begin to heal and questions raised by the events of the important resolution. fight against future acts of hatred. Holocaust as well as their own respon- I reserve the balance of my time. I thank both the Democrat and Re- sibilities as citizens of a democracy.’’ Mr. HASTINGS of Washington. Mr. publican leadership of the House, Mr. Anyone who has wandered those sol- Speaker, I yield myself such time as I RAHALL and Mr. HASTINGS, for their emn hallways knows that the United may consume. support. I urge my colleagues to sup- States Holocaust Memorial Museum Mr. Speaker, I join with Chairman port this resolution. accomplishes that mission. RAHALL to support this resolution to Mr. HASTINGS of Washington. Mr. b 1545 condemn the tragic shooting at the Speaker, I am pleased to yield such This attack at the U.S. Holocaust United States Holocaust Memorial Mu- time as he may consume to the distin- Memorial Museum is a horrific re- seum yesterday. Our prayers go out to guished Republican Caucus Chair, the minder of the violence that can stem the family of Security Officer Steven gentleman from Indiana (Mr. PENCE). from unchecked hatred, intolerance, Tyrone Johns, an innocent victim of (Mr. PENCE asked and was given per- anti-Semitism, as well as the denial of this outrage. mission to revise and extend his re- history that is often manifested in that Mr. Speaker, that this violent act marks.) sentiment. and needless death occurred at a me- Mr. PENCE. I thank the gentleman Let me be clear. No act of violence morial erected to peace and tolerance for yielding. will ever diminish our determination by reminding the world of the deaths Mr. Speaker, I rise in strong support to honor those who lost their lives in and horrors of the Holocaust is, to me, of House Resolution 529, condemning the Holocaust, and neither will yester- simply unspeakable. the violent attack on the Holocaust day. So, Mr. Speaker, I simply urge all of Memorial Museum that occurred in And as we condemn intolerance and my colleagues to support this resolu- shocking dimensions yesterday here in racism in our Capital City, we should tion. our Nation’s Capital. ponder today, Mr. Speaker, what anti- I reserve the balance of my time. I want to single out my colleague in Semitic hatred and rage could mean on Mr. RAHALL. Mr. Speaker, I am hon- the majority, RON KLEIN of Florida, for the international stage. I say with a ored to yield 2 minutes to the main his swift and thoughtful legislative heavy heart today, with the deepest re- sponsor of this resolution, the gen- work in bringing this resolution to the spect for the families affected by yes- tleman from Florida (Mr. KLEIN). floor and for allowing me to coauthor terday’s tragic events, we would do Mr. KLEIN of Florida. Mr. Speaker, I this bipartisan resolution before the well, as a Nation, to reflect, if one man thank the gentleman from West Vir- House today. It has been my distinct can walk in the Holocaust museum ginia. pleasure to serve together with Mr. with a rifle, motivated by anti-Semitic Mr. Speaker, I rise today to urge my KLEIN as the cochairman of the Bipar- rage and bring about violence and colleagues to support H. Res. 529, a bi- tisan Congressional Task Force death, what could a nation, armed with partisan resolution that I authored Against Anti-Semitism that was found- the same anti-Semitic rage, do with a with Mr. PENCE, Mr. WAXMAN, Mr. ed, I say with deep admiration, by the nuclear weapon? SMITH and Mr. ENGEL, and I thank the late Tom Lantos of California, who un- The American people deserve to Speaker for promptly bringing it to the derstood the importance of this body know that the same hatred that drove floor today with the input and guid- and this Nation speaking with one this one, lonely and deranged man to ance from many other Members of this voice against the venom of anti-Semi- open fire at the U.S. Holocaust Memo- Chamber, as well as the bipartisan Con- tism. rial Museum, I believe, resides in the gressional Task Force Against Anti- Today, we mourn the loss of Special hearts of some of the most powerful Semitism. Police Officer Steven Tyrone Johns, leaders in an ancient nation of the I rise today in great sorrow as this and I offer my personal condolences to world. And I am confident that when Nation mourns the loss of Officer Ste- his family. He lost his life while de- the time comes, this Congress, this phen T. Johns, who was killed in the fending civilians, visitors and staff of government, this Nation, and our cher- line of duty yesterday at the United the Holocaust Memorial Museum. Offi- ished ally, will do what is necessary to States Holocaust Memorial Museum at cer Johns died upon arrival at the prevent a global manifestation of anti- the hands of a hateful white suprema- George Washington Hospital after Semitic violence. cist. being shot by an assailant with strong The best way to honor the lives of Today I offer condolences to the fam- ties to white supremacist organiza- victims of hatred is to stand in the ily of Officer Johns and condemn in the tions. Officer Johns died while bravely path of those who would continue the strongest possible way the vicious at- defending museum visitors from violence. Let Officer Johns’ sacrifice be tack on the Holocaust Memorial Mu- around the world, and I honor his serv- an example for each of us in our per- seum and all that it represents. ice and courage and the sacrifice that sonal lives, and an example for this Na- The museum is a place of reflection, he exemplified. He will be remembered. tion in the exercise of courage and dean expression of the adage ‘‘never We rise today to condemn the violent termination in the defense of liberty on again.’’ The museum seeks a world attacks of yesterday that ravaged the world stage. without racism, anti-Semitism, Holo- Washington, D.C.’s, permanent living Let us stand in the path of hatred, caust denial and intolerance. memorial to the victims of the Holo- come together as a Congress and a Na- The target may have been the mu- caust. For those who have visited, we tion. seum and Jews, but this vicious attack know the U.S. Holocaust Memorial Mu- Mr. RAHALL. Mr. Speaker, I yield 1 hurt all Americans. A hate crime in seum serves as one of the world’s lead- minute to the gentlelady from the Dis- every sense, this attack violates all of ing authorities on the Holocaust. And trict of Columbia, in whose district us. Acts of hatred and violence cannot let me say with no small measure of this terrible attack occurred, ELEANOR and will not be tolerated in our coun- American pride, it has become an es- HOLMES NORTON.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.066 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6587 Ms. NORTON. Mr. Speaker, on Tues- lence must be condemned, no matter them, and America is grieving with day the majority leader announced what someone deems to be the provo- them. that he had not been able to muster cation in their own mind. In addition to his family and friends, enough votes to pass a civil rights bill, We must be and we must make this a Officer Johns leaves an 11-year-old son, the District of Columbia Voting Rights Nation of civility. We can disagree. Stephen Tyrone Johns, Jr., to mourn Bill, which had a gun amendment Disagreement is a good and healthy his loss. So it is with a heavy and sad which would wipe away the District’s thing. When there’s disagreement, it heart that I offer my sincere condo- gun laws leaving us defenseless. means we’re not all useless. But we lences to the family of Officer Stephen Yesterday, a brave young man, Ste- must never allow this kind of violence Tyrone Johns. He will always be re- phen Tyrone Johns, a guard at the Hol- to go unaddressed. membered as a dedicated and beloved ocaust Museum, one of our most pop- So we pay tribute to the Johns fam- hero. ular museums because it is so moving, ily—our prayers will be with them— Mr. HASTINGS of Washington. Mr. lost his life. and condemn the violent attack at the Speaker, could I inquire how much There are political considerations Holocaust museum, of all places, and time is on both sides? that keep us from moving directly appreciate this resolution being The SPEAKER pro tempore. The gen- against gun laws. I ask us to show that brought forward. tleman from Washington has 10 min- we are not defenseless to protect offi- Mr. RAHALL. Mr. Speaker, Officer utes remaining, and the gentleman cial Washington, not paralyzed when it Johns resided in the district of our from West Virginia has 121⁄2 minutes re- comes to gun safety, by at least pass- next speaker, to whom I’m going to maining. ing, but not allowing gun amendments yield 2 minutes, the gentlelady from Mr. HASTINGS of Washington. My to stop unrelated laws like the District Maryland, Ms. DONNA EDWARDS. understanding is my friend from West of Columbia Voting Rights Act and Ms. EDWARDS of Maryland. Mr. Virginia has more requests for time opening the city to gun carnage of the Speaker, I rise today in support of than I do, and I’d be more than happy kind we saw yesterday. House Resolution 529. to yield him 9 of those 10 minutes to Let this be the last gun carnage of its Mr. Speaker, it’s with great sadness dispense with as he sees fit, with the kind. Let the District of Columbia Vot- that I rise today to honor the life and understanding, if I do get some Mem- ing Rights Act pass this year. memory of Stephen Tyrone Johns, the bers, I can reclaim some of that time. Mr. HASTINGS of Washington. Mr. security officer who courageously gave And I ask unanimous consent that he Speaker, I yield 3 minutes to the gen- his life protecting the lives of others control that 9 minutes. tleman from Texas (Mr. GOHMERT). during yesterday’s shooting at the Hol- The SPEAKER pro tempore. Is there Mr. GOHMERT. Mr. Speaker, I do ap- ocaust Memorial Museum. objection to the request of the gen- preciate the bringing of this resolution. Officer Johns’ quick action and sac- tleman from Washington? This is a time when we should join our rifice may indeed have saved the lives There was no objection. hearts and minds together in con- of people at the Holocaust Memorial Mr. RAHALL. I thank the distin- demning the violent act that occurred Museum yesterday and certainly en- guished gentleman from Washington at, of all places, the Holocaust mu- abled his fellow officers to secure the (Mr. HASTINGS). seum, a place that I, with countless museum. I now yield 1 minute to the gentle- others, in my case, multiple occasions The armed assailant, who had con- woman from Pennsylvania (Mrs. going to the museum, have been nections with the white supremacist DAHLKEMPER). touched to tears to just try to get your organizations and a long history of Mrs. DAHLKEMPER. Mr. Speaker, I mind around the inhumanity of man to anti-Semitic and racist activities, rise today profoundly troubled and man. walked into the Holocaust museum and deeply saddened by yesterday’s sense- This is a Nation that was brought to- opened fire, resulting in the tragic less acts of violence that occurred at gether as a Nation, fought hard, so that murder of Officer Stephen Tyrone the United States Holocaust Memorial within this Nation we could have civil- Johns. This was a murder based on Museum in Washington. ity. And one of the Founding Fathers’ hate and malice, and took the life of a My thoughts and prayers are with favorite lines was often to quote Vol- good man. the family of Stephen T. Johns, the se- taire in saying, I disagree with what A security officer for 6 years at the curity officer whose life was taken in you say, but I will defend to the death Holocaust Memorial Museum and resi- that tragic event. I am so grateful for your right to say it. dent of Temple Hills, Maryland, which his service and the service of all the se- The criminal who invoked and cre- is the district which I represent, Offi- curity officers who work to keep us ated this violence in the Holocaust mu- cer Johns was beloved by his family safe. seum should be properly punished, and and friends. Colleagues called Officer Yesterday’s action was a shocking re- I am thankful that we have laws that Johns ‘‘Big John.’’ He was known as a minder of the progress we have yet to will punish him. I wouldn’t mind seeing gentle giant, and remembered for his make against bigotry, ignorance and a death penalty as a possibility in the friendliness, soft-spoken nature and hate. The gunman’s attack was not case of such violence, but in this town gentle demeanor. only against one man, but against an that is, apparently, not an option. But This morning, I had the opportunity important idea of human dignity for violence of this nature within this to speak to Officer Johns’ mother and all. country must not be tolerated. stepfather. The entire family is griev- However, as a Nation, our resolve But it also must not minimize the ing this senseless loss. Above all, the must remain strong, and our response commitment, the love and devotion of family wanted America to know that must be very clear. There is no place Officer Stephen Tyrone Johns, who Stephen was dedicated to his job and for anti-Semitism and racism in the gave his life in doing his job in devo- his family. His mother said he loved his United States of America. tion to others and to this country and job, and he took his duty at the Holo- I urge my colleagues to join me in re- all it stands for. caust Memorial Museum very seri- newing our commitment to ending ha- So we thank Stephen Tyrone Johns. ously, so seriously that he ended up tred and violence by supporting House We thank his memory. We thank his paying the ultimate sacrifice. Resolution 529. family, and we will pray for their peace As we join Officer Johns’ family in Mr. RAHALL. Mr. Speaker, I yield 1 and healing during this very, very dif- struggling to find answers, the truth is minute to the gentlelady from Cali- ficult time. that this was a senseless act and a fornia, Ms. BARBARA LEE. We condemn the attack, such a vio- senseless murder that has resulted in a Ms. LEE of California. Mr. Speaker, lent nature, encourage all to under- great loss. Officer Johns’ sacrifice is a let me first say thank you to the gen- stand that in this Nation, in every stark reminder of the threat of hate tleman from Florida for introducing State, in the District of Columbia, no and intolerance to our humanity. this resolution, and I rise in strong matter how someone may disagree I want the family of Officer Johns to support of it. with someone else, provoking words know that I, along with my colleagues The Congressional Black Caucus ex- are never a defense to violence. Vio- here in Congress, am grieving with tends our heartfelt condolences to the

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.074 H11JNPT1 jbell on PROD1PC69 with HOUSE H6588 CONGRESSIONAL RECORD — HOUSE June 11, 2009 family of Officer Stephen Johns. He Officer Stephen Johns leaves an 11- favor of this resolution by my was an American hero. He was an Afri- year-old son, whom I saw on TV yester- colleagues. can American. He was slain in this day, and I don’t think he could cry, he Mr. RAHALL. Mr. Speaker, I yield 1 senseless act of violence at the Holo- was so overwhelmed, and then his minute to the gentlewoman from Ohio, caust museum, which preserves the mother and his grandmother were too MARY JO KILROY. memory of a period in the world, a pe- distraught to talk. So they need our Ms. KILROY. Mr. Speaker, to the riod borne of violence, of hatred, of prayers, and I send out my condolences grieving family of Stephen Tyrone death, a period that must not be for- to the family. Johns, I offer my deepest sympathy. gotten. It happened yesterday that a black You are in our thoughts and prayers. The death of Officer Johns reminds man, doing his duty at the U.S. Holo- And to the men and women in blue, us, however, that racism and anti-Sem- caust Memorial Museum, was killed. especially those serving here on Cap- itism in all its ugly forms must be con- Our communities have worked so dili- itol Hill, I offer my condolences at the demned and fought at every, every gently in the past. We have such strong loss of your brother officer and recog- turn. bonds, and so we are there for each nize the courage and devotion to duty We extend to Mr. Johns’ family our other. he displayed at the cost of his life. I deepest sympathy as you mourn the Mr. RAHALL. Mr. Speaker, I yield 1 know that our Nation’s police forces loss of your loved one. He will be a hero minute to the gentleman from Ohio stand ready each and every day to in all of our minds who we will remem- (Mr. DRIEHAUS). serve and to protect. ber and who will remind us of the un- Mr. DRIEHAUS. Mr. Speaker, I rise This particular outrage is all the finished business of our country. We today to add my voice to this tragedy more heinous because of the place of offer our condolences and our assist- and to honor the family of Mr. Johns, the crime, our National Holocaust Me- ance to the family, should the family who was tragically killed yesterday at morial Museum, and because its perpe- need us during this time of need. the Holocaust museum. trator had a repeated history of public Mr. RAHALL. Mr. Speaker, I yield 1 When I come to the floor and when I expressions of racism and anti-Semi- minute to the gentlelady from Cali- think about this job and what we are tism. fornia, Ms. SUSAN DAVIS. trying to do, to send a message to our It is long past time for us to come to- Mrs. DAVIS of California. Mr. Speak- children across this country, it is a gether as a Nation and put an end to er, I join my colleagues in supporting message of tolerance. It is a message of racism, to put an end to anti-Semi- this resolution. trying to wipe out hatred, trying to tism, to put an end to homophobia, and The Holocaust museum offers more wipe out the hatred that exists against to eliminate hate crimes; to come to- than an important education oppor- different races, different religions, dif- gether and say that hatred and intoler- tunity for so many people worldwide. It ferent cultures. It is about learning to ance should not be allowed, that we is a symbol of the need to continue our accept and appreciate the cultures. should be able to end this as a commu- efforts to reduce intolerance, prejudice The Holocaust museum stands as a nity and come together in a Nation and hatred in the world. tribute and helps us better understand that respects each other for the true It was over 15 years ago when I led a the tragedies that occur when intoler- gift of the individual that each of us is. group of young people from San Diego ance runs amok. I stand with my fellow Mr. RAHALL. Mr. Speaker, I yield 1 to visit the newly opened museum, a colleagues and the people of this body minute to the gentlewoman from New group of high school students from all in honor of Mr. Johns to say we believe York (Mrs. MCCARTHY). walks of life who were participating in in tolerance, we believe in acceptance, Mrs. MCCARTHY of New York. I a mentoring program. I was the execu- and we thank him and his family and thank the gentleman for yielding time. tive director of that program and made we mourn with them. Mr. Speaker, yesterday a terrible it a point to put a visit to the Holo- Mr. RAHALL. Mr. Speaker, I yield tragedy happened right here in Wash- caust museum on our agenda. 11⁄2 minutes to the gentlewoman from ington, D.C. It’s sad when we see that Nevada, Ms. SHELLEY BERKLEY. there are people in this country that b 1600 Ms. BERKLEY. I thank the gen- have so much hate in their hearts, and It was such an emotional moment for tleman for yielding, and I thank my it’s sad that this person went out to many of these teenagers who until that colleagues Mr. WAXMAN and Mr. KLEIN try to kill as many people as possible day had never fully comprehended for putting this resolution together. and being at the Holocaust museum. what the Holocaust meant. Mr. Speaker, the shooting at the Stephen Johns was there to protect So I want to add my voice in express- United States Holocaust Memorial Mu- the people in the museum, and he lost ing heartfelt condolences to the family seum is a sad reminder of how anti- his life. He lost his life being a hero, by of museum guard Stephen Tyrone Semitism, intolerance, and hatred can trying to save as many people there as Johns. His courage and his sacrifice lead to senseless acts of violence and possible. will not be forgotten in a place that we death. Mr. Speaker, each and every day, always say ‘‘Never again.’’ My deepest condolences go out to the there are killings; there is hatred that Also to be recognized and praised are family of our security officials, Officer leads to these kinds of killings. It’s got the security guards who subdued the Johns, who was killed while defending to stop. We can stop it here in Congress gunman and prevented a tragic inci- the visitors and staff of the museum. if the American people would actually dent from becoming even more tragic. His bravery and actions in the line of put their voices a little bit higher and This incident hit me hard yesterday duty are to be commended and will tell their Representatives the violence because I happened to be standing at long be remembered. needs to stop. Violence on every level the museum 2 days before the very This disturbing attack on Washing- is totally wrong. Violence to innocent time that this incident occurred, and it ton’s Holocaust Memorial Museum and people is totally wrong. We need to do was so pleasing to see the people who the accompanying loss of life under- a better job in stopping the hate in this were gathering there and who flock to score the importance of teaching each country. it all the time. new generation about the causes of the I rise today in support of H. Res. 529, the Mr. RAHALL. Mr. Speaker, I yield 1 Holocaust and how we must work to- resolution condemning the violent attack yes- minute to the gentleman from Georgia, gether to prevent the spread of intoler- terday at the United States Holocaust Memo- Mr. HANK JOHNSON. ance and hatred based on religion, eth- rial Museum. Mr. JOHNSON of Georgia. Mr. Speak- nicity, race, color, anything you My heart goes out to the victim’s family. er, yesterday a despicable act occurred. choose. This shocking and horrific hate This innocent man was going about his By now everyone knows what it was crime should be condemned by all workday and his life was taken in a despicable and why it was; so I won’t belabor that, Americans. We must speak with one act of violence. other than to say that hatred is some- voice that this is unacceptable and will But Steven Johns’ selflessness and heroism thing that leads to violence. So we not be tolerated in the United States of saved the lives of others who could have been should all be looking deeply within our America. caught up in the violence. hearts to remove hatred and to try to This resolution is a worthy first step The U.S. Holocaust Memorial Museum value humanity. in this effort. I urge unanimous vote in serves as a powerful rebuke of the violence

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.070 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6589 and hatred that resulted in the loss of millions who died in defense of tolerance in our coffin of Earth gathered from the death of lives during World War II. country, against intolerance in our camps, concentration camps, sites of Yesterday’s events there serve as a painful country, and saved probably the lives mass execution and ghettos in Nazi-oc- reminder of the importance of combating vio- of many, many people in doing so be- cupied Europe and from cemeteries of lence in any form. cause that shooter was going on to kill American and European soldiers who The U.S. Holocaust Memorial Museum has others. fought and died to defeat Nazi Ger- educated millions of Americans about the hor- We owe him and his family a debt of many. rors and hate crimes of the Holocaust. gratitude and send condolences to Engraved above the flame, it says, Sadly, yesterday, the Holocaust Museum those who loved him. from Deuteronomy 4:9: ‘‘Only guard became known for another tragic hate crime. Mr. RAHALL. Mr. Speaker, I yield 1 yourself and guard your soul carefully, Hate crimes and hate groups are on the rise minute to the distinguished Speaker of lest you forget the things your eyes in our Nation. the House, NANCY PELOSI. saw, and lest these things depart your Hate groups have terrorized too many Ms. PELOSI. I thank the gentleman heart all the days of your life, and you Americans. for yielding, and I thank all of those shall make them known to your chil- This horrible act also serves as another ex- who are involved, Mr. KLEIN of Florida dren, and your children’s children.’’ ample of the need to end gun violence in the and members of the House Anti-Semi- Today we commit to telling our fu- United States. tism Caucus and others, certainly the ture generations the truth shared at We need to make sure that we do every- chairman of the committee, Mr. RA- the Holocaust museum. This heinous thing we can to prevent similar tragedies in HALL, and others for giving us an op- act was committed at the entrance to the future. portunity to speak on the floor to ex- sacred ground to us, the Holocaust mu- The suspect in this terrible crime was a con- press our grief and our outrage over seum, as I described, where some of the victed felon and should never have been able what happened yesterday. Earth was gathered from. This is a se- to get his hands on a gun. When the news came to the Capitol of vere blow to all of us who care about Too many of the wrong people have access what had happened at the U.S. Holo- these issues, and I would include that to guns. caust Memorial Museum, we were to be everyone in the Congress of the We are seeing more and more of these shaken, shaken to the core that this United States and in our great country senseless crimes take place. could possibly happen. and those throughout the world who The rate of gun violence in this country is The resolution today allows us to ex- promise never to forget. totally unacceptable. press some of the grief that we have There is something that we can do. b 1615 We can pass sensible gun laws in this Na- and the strongest denunciation of the So we commit never to forget, and we tion that will save lives. despicable hate crime perpetrated yes- commit to continue our work to build We need to keep guns out of the hands of terday and to express our strong sup- a world free of hatred. the people that can do the most harm with port for the work of the U.S. Holocaust Again, I thank our colleagues for giv- them such as convicted felons and the men- Memorial Museum. ing us a time to publicly mourn this tally ill. Some of us were there that rainy, horrible, horrible event; to extend our We also need to close the gun show loop- rainy day when the Holocaust Memo- condolences to the family of that brave hole, which allows people to buy guns without rial Museum was dedicated. Elie Wiesel guard and also to acknowledge, like any background check at all. spoke to us so profoundly about what it Stephen Johns, our own Capitol Police And Congress should pass my bill, the No meant, not only in terms of memory and many others who make this area Fly No Buy Act, which prohibits people who and never forgetting what happened in safer for people to visit from all over are on the TSA’s ‘‘No Fly List’’ as known or the Holocaust, but what our responsi- the world, who make it safer for us to suspected terrorists from purchasing guns. bility is to the future. At the time the do our jobs here, who make it safer for We can never prevent every gun death in Bosnian crisis was happening. So while the press to cover us, who make it this country, but we do have tools that can the Holocaust Memorial Museum is safer for our staffs to work, we express limit gun violence and would be effective now. about something that happened in the our deep gratitude to them. For us, the I urge my colleagues to work together with past, it is a memorial and a reminder words Gibson and Chestnut are forever me to make sure that we do everything we to us about ridding our societies of ablaze in our hearts—two of those com- can to limit gun violence in this country. these kinds of attitudes. mitted to guard the Capitol whose lives Please support this resolution so that we So how ironic, how ironic that this were taken over 10 years ago. We will can send a strong message that hate and vio- person, this individual, would go into add to that list Stephen Johns and lence will not be tolerated by this Congress. that museum with hate in his heart, a never forget the sacrifice he made and Mr. RAHALL. Mr. Speaker, I yield 1 gun in his hand, and kill this beautiful never forget our responsibility again to minute to the gentlewoman from Illi- man, Stephen Johns, who really gave end the world of hatred. nois (Ms. SCHAKOWSKY). his life. He guarded others with his life. Mr. RAHALL. Mr. Speaker, I yield 1 Ms. SCHAKOWSKY. Mr. Speaker, it’s And I would like to take a moment to minute to a valued member of our nearly a decade ago that in my district pay special tribute to Stephen Johns, Committee on Natural Resources, the a hate-monger came with a gun and whose life was cruelly taken yesterday. gentleman from American Samoa, Mr. pointed it at young men and women, Stephen was known to his colleagues ENI FALEOMAVAEGA. people, families who were leaving their as ‘‘a soft-spoken, gentle giant.’’ Ste- (Mr. FALEOMAVAEGA asked and synagogue at the beginning of the Sab- phen loved his hometown football was given permission to revise and ex- bath. And when he wasn’t able to kill team, the Redskins, and he loved to tend his remarks.) anybody there, he drove down the travel across the United States. Sad to Mr. FALEOMAVAEGA. I want to street and saw an African American say—well, it was a happy moment for thank Chairman RAHALL and our rank- standing in front of his house with his him—but sad that it was such a short ing member, DOC HASTINGS, and the children in Skokie, Illinois, and shot time ago he had married and moved to members of the committee for bringing and killed Ricky Birdsong, a commu- Temple Hills, Maryland, just 10 min- this important resolution to the floor. nity leader and a beloved member of utes away from his mother. I also want to commend both gentle- that community. Stephen died in the line of duty, men, Congressman KLEIN and Congress- We’ve made some progress in extin- doing his job to protect those who man PENCE, as co-Chairs of our Caucus guishing anti-Semitism and hatred. We came to the United States Holocaust on anti-Semitism. Of course, the mem- have certainly worked toward it. And Memorial Museum. We honor him ory of Tom Lantos evokes all of the un- yet yesterday at the Holocaust mu- today. We honor his sacrifice and his derstanding that we have and apprecia- seum, a place dedicated to remem- service. tion for this important issue. bering the lives of senselessly killed In the U.S. Holocaust Memorial Mu- Mr. Speaker, I want to personally ex- millions of people, another shooter was seum, anyone who has visited there press my deepest condolences and sym- there. knows there is a flame that burns in pathies to the family and friends of Of- But standing in his way was Officer remembrance to all who died in the ficer Johns, who was killed unexpect- Johns, Officer Stephen Tyrone Johns, Holocaust. It lights the room over a edly yesterday as a result of a shooting

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.030 H11JNPT1 jbell on PROD1PC69 with HOUSE H6590 CONGRESSIONAL RECORD — HOUSE June 11, 2009 by a man who harbored so much hatred meaning for everyone here. It has spe- by the same prejudice and hatred, re- against members of our Jewish commu- cial meaning for me because my father sulted in the tragic death of a security nity. was a refugee from that Holocaust, and guard, Stephen T. Johns. It is a sad re- Officer Johns, for some 6 years, most of his family was killed in it. One minder that we must all remain vigi- served faithfully as a security officer exhibit in the Holocaust Museum is a lant in continuing the work of Rabbi there at the museum. He was doing his wall of shoes taken from innocent men, Rosenzvieg—to purge discrimination job. He made the ultimate sacrifice, women and children before they were and hatred from this world. and we are here to honor him and his gassed to death. Who were they? What I thank Congressman KLEIN for spon- life. He gave his life in order to save lives would they have led? Would their soring this important resolution. the lives of others. children have ended up serving here as Mr. RAHALL. Mr. Speaker, I yield 1 Mr. Speaker, I hope that every per- I have? minute to the gentlewoman from Penn- son who visits our Nation’s Capital In the memory of Officer Johns and 6 sylvania (Ms. SCHWARTZ). makes it a point—a must—to visit the million innocent Jews, it is time, past Ms. SCHWARTZ. Mr. Speaker, I rise Holocaust Memorial Museum. This re- time, to end hate. today to add my voice to all of those vered museum is a symbol of our Na- Mr. RAHALL. Mr. Speaker, I yield 1 who have denounced the hatred and vi- tion to the world that racism, bigotry, minute to the gentleman from Ten- olence in condemning yesterday’s trag- ignorance, and hatred have no place in nessee, Mr. STEVE COHEN. ic attack at the U.S. Holocaust Mu- our country. This museum reminds the Mr. COHEN. Mr. Speaker, Mr. JACK- seum and to extend my thoughts and world of the suffering of some 6 million SON expressed much of what I’ve prayers to the family and friends of Of- Jews, and we should never forget that, thought about as to the events of yes- ficer Stephen Johns. if it happened to them, it could also terday. Racism, anti-Semitism and other happen to us. People who hate—and this assailant forms of hatred are not new. Sadly, Mr. RAHALL. Mr. Speaker, I yield 1 hated Jews and blacks in particular— they continue to impact too many peo- minute to the gentleman from Illinois, hate all people and minorities. ple here and around the world. As a Mr. JESSE JACKSON. With that in mind, I think it’s impor- child of a Holocaust survivor, I know (Mr. JACKSON of Illinois asked and tant that people reflect and do some- all too well the destruction and suf- was given permission to revise and ex- thing positive with their children and fering that hate can bring. This same tend his remarks.) with themselves in the future as an kind of intolerance that my mother Mr. JACKSON of Illinois. Last night, antidote to the type of hate that we faced in Austria in the 1930s still feeds Mr. Speaker, I tried to explain this saw. That is to bring your children to the actions of foreign terrorists and do- horrific event to my daughter when she the Holocaust Museum. Let them learn mestic hate groups. asked me why. I tried to tell her that about the horrors of the Nazis and of The United States Holocaust Memorial Mu- African Americans fought for our coun- the camps. Come to Memphis to the seum is more than a museum—it feels like a try in World War II, and a Holocaust Civil Rights Museum and learn about sacred space. It is a place that enables us to survivor once said and told the story of civil rights. Go to Atlanta where Dr. acknowledge and remember the horror that how survivors of the Holocaust knew King is buried, and learn about Dr. was the Holocaust—and it is a place for re- they had been freed when African King and nonviolence. Take steps to flection on the horrific consequences that hate Americans showed up, knowing full learn about ways to make the world can bring and a reminder that we must remain well, because of their race, that they better. ever-vigilant against hate’s many manifesta- could not be Nazis even if some African It’s unfortunate what happened yes- tions. Yesterday’s despicable act reinforces Americans had to fight under a dif- terday. It’s so awful at that site, but it the need for the important work done by the ferent flag. is awful that it happened anywhere and Holocaust Museum. African Americans and Jewish Amer- that Mr. Johns did lose his life. We We all have a role to play in com- icans banded together in many of our must appreciate all the guards who bating bigotry and intolerance wher- Nation’s great campaigns for social protect American order and liberty. ever it may be, and it is a sad reminder justice. Martin Luther King, Jr., used The SPEAKER pro tempore (Mr. of the work we still have to do that to often quote Rabbi Abraham Heschel. SERRANO). The Chair will note that the yesterday’s tragic crime occurred so Schwerner, Goodman, and Chaney—two gentleman from West Virginia has 7 soon after President Obama’s historic Jews and a black killed for registering minutes remaining. trip and his strong rebuttal of those people to vote in Mississippi. Mr. RAHALL. Mr. Speaker, I yield 1 who deny the Holocaust. Stephen Tyrone Johns lost his life minute to the gentleman from Michi- So it is with a heavy heart that I join defending visitors at a Holocaust Mu- gan, Mr. GARY PETERS. my colleagues in offering my sym- seum in the hands of a white suprema- Mr. PETERS. Mr. Speaker, my dis- pathies to the family of Officer Johns, cist. As I believe President Lincoln trict is the home of the first free- and that I commend the work—the would paraphrase: Their sacrifice as standing Holocaust Museum in the wonderful work, the important work— martyrs is far above our own ability to United States of America. For 25 years, of the U.S. Holocaust Memorial Mu- add or detract. it has stood as a reminder of the hor- seum, and that I pledge to do my part I would hope in this moment that we rific consequences of extremism and in never forgetting. would recognize that the ties of human hate. Mr. RAHALL. Mr. Speaker, I yield 1 decency and dignity that bind us and Just a few months ago, the founder of minute to the gentleman from Min- the blood that unites us are stronger that museum, Rabbi Charles nesota, Mr. KEITH ELLISON. than the hatred and the demagoguery Rosenzvieg, passed away. Although he Mr. ELLISON. Mr. Speaker, I rise and the acts of violence that divide us. is gone, his life’s work will educate fu- today to do two things: one, to offer It is my sincere hope, Mr. Speaker, ture generations about the horrors of condolences and thanks to the family that we might find some shining mo- the Holocaust so that such senseless vi- of Officer Johns for his brave sacrifice ment in recognizing that we have more olence should never again be repeated. and, also, to point out that Officer in common in working together than Last month, this body passed a resolu- Johns dedicated his life to protecting we do in fighting and in being apart. tion honoring his life and memory. the staff and visitors of an institution Mr. RAHALL. Mr. Speaker, I yield 1 So it is with an especially heavy dedicated to remembering both the minute to the gentlewoman from Cali- heart today that I come to the floor to depths of human depravity and the fornia, Ms. JANE HARMAN. urge the passage of Resolution 529, a heights of courage and bravery, as we Ms. HARMAN. I thank the gentleman resolution condemning the violent at- must understand that the Holocaust for yielding. tack on the United States Holocaust Museum was not simply a place to re- Mr. Speaker, less than a mile from Memorial Museum on June 10. member loss, awful loss, but also cour- this Chamber, a hate crime occurred The Holocaust Museum exists as a age in standing up to great adversity. yesterday. It occurred in a place of replace to reflect and to mourn mur- May we all celebrate the life of Offi- membrance—a sanctuary. That sanc- derous prejudice and hatred. Yet, yes- cer Johns and of the 6 million Jews tuary, the Holocaust Museum, has terday, a senseless attack, motivated who were murdered and memorialized

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.075 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6591 in the Holocaust Museum by going to hating Catholics—of just about hating lenges visitors to confront hatred and promote the Holocaust Museum, by supporting everybody. We need to do something human dignity. The Holocaust Museum is a that museum and by showing defiantly about that. We need to teach our chil- hollowed symbol of the cost of this type of ha- that we will not be cowards and that dren that hatred isn’t a part of main- tred to all of humanity. The Museum teaches we will not be deterred from standing stream anything and that people need millions of people about the dangers of un- up for what is right. to respect our fellow human beings. checked hatred. We do not need further ex- Mr. RAHALL. Mr. Speaker, I yield 1 I also want to say something about amples of hate and prejudice within its walls— minute to the gentlewoman from Cali- guns, because we really need to deal or anywhere else. fornia, Ms. DIANE WATSON. with the problem of guns in this coun- The events of yesterday serve as a re- Ms. WATSON. Mr. Speaker, lest we try. I would like to know why the as- minder that the Museum, and all of us, have forget, we must constantly be vigilant sassin who served in prison for 6 years more work to do to confront hatred and intoler- that we have people in this country as a felon and who was a known ance in our society. who still harbor hate. As we go looking hatemonger was able to get ahold of a I urge all my colleagues to join me in voting around the world for those who would gun. This is a problem, and we need to for the resolution and also in expressing condo mass carnage, we need to look right deal with it. dolences to the family of Officer Johns. inside of ourselves and see what is hap- So I thank my friend, and I rise in Mr. MORAN of Kansas. Mr. Speaker, I am pening among too many of our people. support of this resolution. deeply saddened by the news of yesterday’s Officer Johns was there. I understand Mr. RAHALL. Mr. Speaker, I would shooting at the Holocaust Memorial Museum he opened the door for the person who advise Mr. HASTINGS that I am pre- and express my condolences to the victim’s shot him, but he represented a minor- pared to close with one final speaker if family. ity, and the shooter went to a place he wishes to use the balance of his It is unfortunate that, even in today’s world, where he could show his anger, his time. there are still individuals who choose to deny hate, his hostility. As long as these Mr. HASTINGS of Washington. I the tragic events of the Holocaust. In the face kinds of people allow this to grow with- yield myself the balance of my time. of those who adhere to hatred, we must con- in them, we are all at risk. As long as Mr. Speaker, this is a good resolu- tinue to stress the importance of knowledge we let guns go unregistered and let tion, and it is responsive to what hap- over ignorance, with the hope that we can pre- them out there and in the hands of pened yesterday at a place where some- vent future tragedies such as this. these people, each and every one of us thing like this should never happen. So And that is just what the Holocaust Museum is at risk. I urge my colleagues to vote ‘‘yes’’ for strives to do. Each year, some 2 million peo- So it is now the time not only to give the resolution. ple from around the world visit the museum our condolences to the family of Offi- I yield back the balance of my time. where they are confronted with a record of the cer Johns, but to take a step in the Mr. RAHALL. Mr. Speaker, I yield horrors of the Holocaust so that no one can right direction for the right policy that the remainder of my time to the spon- deny its existence. The museum not only re- will keep this in our minds every day sor of this resolution and commend minds us of the atrocities of the Holocaust, but of our lives. him for the quickness with which he it shows us what happens when hatred, intol- Mr. Speaker, I rise today in support of has brought this to the floor, the gen- erance, and ignorance are allowed to direct House Resolution 529, condemning the violent tleman from Florida (Mr. KLEIN). the actions of men. The museum calls each attack on the United States Holocaust Memo- The SPEAKER pro tempore. The gen- one of us to recognize the humanity in all peo- rial Museum on June 10, 2009, and honoring tleman from Florida is recognized for 2 ple, regardless of our differences. Its role in the bravery and dedication of United States minutes. educating visitors about the responsibilities Holocaust Memorial Museum employees and f each individual has and its efforts to promote security personnel. tolerance, understanding, and acceptance 1630 I express my deepest sympathy to the fam- b continue to be needed. ily, friends, and colleagues of Officer Stephen Mr. KLEIN of Florida. I thank the I wish to express my condolences to the Tyrone Johns who lost his life as he stood gentleman from Washington and the family, friends and coworkers of Stephen T. guard at the museum. Officer Johns was only gentleman from West Virginia for giv- Johns. The outstanding courage demonstrated 39 years old; and standing six feet, six inches ing us the opportunity, as well as the by Mr. Johns and all those who serve to pro- tall, was known as a ‘‘gentle giant’’. He was Speaker, for allowing us to very tect citizens should not be taken for granted. lovingly called ‘‘Little Stephen’’ by his family promptly bring this to the attention of My thoughts and prayers are with them. and ‘‘Big John’’ by his colleagues. Officer the House. Mr. MEEK of Florida. Mr. Speaker, it is with Johns must always be remembered in our I thank the Members, the Democrat great sadness that I rise to pay tribute to Mr. hearts and minds as a hero. and Republican Members, who have all Stephen T. Johns, an innocent man who lost Mr. Speaker, hatred must not be tolerated, been here today, as well as the entire his life while securing the countless people and acts of violence must be prosecuted to Chamber for reacting and acknowl- who stream into one of the national treasures the fullest extent of the law. edging this horrific act. Again, we just in our capital city, the United States Holocaust Mr. RAHALL. Mr. Speaker, I yield 1 acknowledge and extend our condo- Memorial Museum. minute to the gentleman from New lences to the family. In the building that was erected to preserve York, Mr. ELIOT ENGEL. We rededicate ourselves to the neces- the memory of the martyrs and heroes of the Mr. ENGEL. I thank the gentleman, sity of teaching, of educating our pub- Holocaust, the ugly face of bigotry cast a dark my friend from West Virginia, for lic in the United States and around the shadow over the U.S. Holocaust Memorial Mu- yielding to me. world about what happens when racism seum on June 10, 2009. The Museum is a Mr. Speaker, I rise, of course, in sup- and intolerance are allowed to fester place of stillness and personal reflection, and port of this resolution. We are all from generation to generation, and we that calm was broken by a gunman who shat- shocked and saddened about what hap- know that we will commit ourselves to tered that silence. People from around the pened yesterday. The Holocaust Memo- continue that education process to the country and the world come to that location to rial Museum is a museum dedicated to lessons of the Holocaust and the les- learn what the powerful phrase ‘Never Again’ victims of genocide, and to have any sons of, unfortunately, what happened really means. Visitors take that message to kind of hatred perpetrated in that mu- yesterday to make sure that it doesn’t their home communities to serve as seum is an absolute disgrace. My heart happen again. spokespeople against bigotry, racism and ha- goes out to Officer Johns and to Officer Mr. LEVIN. Mr. Speaker, I stand with so tred. That message needs to resonate Johns’ family in that he was doing many of my colleagues today in condemnation throughout this country even more so today. what so many wonderful people do— of yesterday’s appalling attack at the U.S. Hol- Though this senseless and hateful act of vi- protect the public and protect us. His ocaust Memorial Museum and the tragic death olence is deplorable and has tainted the Mu- life should not have been taken. of Officer Stephen Tyrone Johns, who was seum’s stance as a poignant reminder of the Mr. Speaker, hatred is a terrible killed in the line of duty. millions of innocent people who lost their lives thing. The person who did the shooting Bigotry, racism and intolerance must be in the Holocaust, it is my hope that the hate reportedly has a long history of hating condemned wherever they occur, but espe- that continues to exist in our country will soon Jews, of hating African Americans, of cially at a memorial to the Holocaust that chal- cease.

VerDate Nov 24 2008 04:07 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JN7.077 H11JNPT1 jbell on PROD1PC69 with HOUSE H6592 CONGRESSIONAL RECORD — HOUSE June 11, 2009 The heroic security officers who put them- historical memory of a people whose commu- afternoon at the United States Holocaust Me- selves in harm’s way to protect the lives of nities and institutions have so often been the morial Museum here in Washington. My Museum staff and patrons should be com- target of terroristic violence. thoughts and prayers are with the family of Of- mended. Their courageous actions within a That memory is preserved, in ways large ficer Stephen Tyrone Johns, who was killed building that is synonymous with remem- and small, by the dedication of people like Of- yesterday in the line of duty while heroically brance and a monument to those millions who ficer Johns. performing the job to which he had dedicated died victimized by irrational hatred, saved In the wake of yesterday’s killing, Mark himself—protecting innocent people. The Mu- more lives from being lost to that very same Blumenthal, an on-line editor, shared the story seum is appropriately closed today in his hatred. of his wife’s visit to the Holocaust Museum: honor, with flags flown at half mast in memory Mr. Speaker, I ask you and all the members ‘‘She arrived at the end of a busy workday, of this brave and selfless man. of this esteemed legislative body to join me in in a rush, just a few minutes before closing We sometimes have a tendency to slip into extending heartfelt condolences to the family time. Unfortunately, given the late hour, they a false sense of security and denial when we of Mr. Stephen T. Johns. His life, service and had run out of the candles usually provided in hear about violence and internecine strife ultimate sacrifice will not be forgotten. Our na- the Hall of Remembrance for visitors to light around the world. ‘‘That won’t happen here’’, tion must remain vigilant in our effort to defend and leave in the niches of the outer walls. we assure ourselves, ‘‘We have moved be- against bigotry and heinous attacks such as Already feeling emotional . . . she broke yond that.’’ But every so often we are painfully this. I appreciate this opportunity to pay tribute down sobbing. A staffer nearby immediately reminded that even in this country of freedom before the United States House of Represent- came to her assistance, asking if she needed and opportunity there are those who would atives. help. She explained, and the gentleman asked seek to do harm to their neighbors, deny the Ms. MARKEY of Colorado. Mr. Speaker, her to wait. He soon returned with a candle, Holocaust and spew hateful and racist speech Holocaust survivor Elie Wiesel once said, ‘‘I explaining with a conspiratorial wink that he designed to divide us. swore never to be silent whenever and wher- kept his own special supply for such emer- Of course, our Jewish friends, family, and ever human beings endure suffering and hu- gencies.’’ neighbors were stunned by yesterday’s shoot- miliation. We must always take sides. Neu- In gestures as simple and kind as that, and ing, as it took place in the very hallowed trality helps the oppressor, never the victim. acts as courageous as officer Johns’s, we can space that our country has dedicated in me- Silence encourages the tormentor, never the find ways to carry on the duty of memory. moriam to one of the greatest crimes in his- tormented.’’ I rise today to do my part to pre- Yesterday’s crime may have been intended tory, the Holocaust. It is especially saddening vent that silence. I rise today to condemn the to scare us away from the Holocaust Museum; that this sacred place, a monument devoted to horrific attack on the United States Holocaust may it fail. peace and the prevention of bigotry and Memorial Museum and to extend my deepest May visitors return in force to bear witness crimes against humanity, was defiled in such thanks and sympathy to the family of Officer to yesterday’s loss and to the historical facts a tragic manner. For many Jewish Americans, yesterday’s at- Stephen Johns and to all those at the Holo- whose denial remains, in the words of Presi- tacks surely summoned up thoughts about caust Museum. These men and women spend dent Obama, ‘‘baseless . . . ignorant, and other crimes against Jews throughout history, their days educating visitors from across the . . . hateful.’’ both here in the United States and elsewhere. world about the tragic events of the Holocaust. Mr. WAXMAN. Mr. Speaker, the U.S. Holo- Of course, we can never forget that Israel The museum and its staff keep alive the caust Memorial Museum was created as a itself has faced intense and continuing security memories of those lost and act as a reminder sanctuary for tolerance and understanding. It was established by Congress to memorialize threats since its inception over 60 years ago. to our society’s conscience of the devastating American Jews are an integral part of the fab- acts that humans are capable of. The events the millions of Jews and others who perished during the Holocaust and to educate people ric of American society, and irrational actions that occurred at the museum yesterday should such as yesterday’s attack should serve as an about the hatred and intolerance that led to only strengthen our resolve to combat anti- opportunity to bring the American family closer their murders. Yesterday, it was tragically the Semitism and the prejudices that still pervade together. our society. We must carry the memory of victim of those same evil impulses. The man who opened fire yesterday at the Today we mourn the death of Officer Ste- both the Holocaust and yesterday’s events Holocaust Museum reportedly has been a phen Tyrone Johns who was killed in the line with us as we seek to form a more tolerant longtime adherent to a twisted white suprema- world. It is only in creating positive from the of duty and extend our condolences to his cist ideology. The perverse logic that says the abhorrent that we can properly honor the lives family. He will be remembered not only as a human race is divided and segmented be- of those who were lost. protector of the staff and visitors who crossed tween superior and inferior genetic groups not Mr. POSEY. Mr. Speaker, I join my col- his path, but also as a defender of the noble only runs contrary to our founding concept— leagues in condemning yesterday’s shooting ideals the museum stands for. ’’all men are created equal’’—it is in fact a at the National Holocaust Museum which What transpired yesterday is a horrific re- cancer upon our society. Ideologies that would claimed the life of museum security guard Ste- minder of the violence that can stem from rac- place one group of us above others are an af- phen Tyrone Johns. My thoughts and prayers ism, anti-Semitism, and Holocaust denial. It front to the core values that our society was are with Mr. Johns’ family and friends during was a hate crime in the truest sense—an at- created to defend. this difficult time. tack fomented by hatred of Jews, African At this moment in our history, when we are Mr. Johns’ bravery and self-sacrifice saved Americans, and all who seek to embrace di- confronted by incredible difficulties, we are lives—many innocent lives. His actions pre- versity, tolerance and understanding. also filled with hope. We recently witnessed vented this unthinkable attack from further The gunman who perpetrated this attack the election to our highest office a man whom harming the many families, including many had a life-long obsession with his hateful at the time of our nation’s founding would not young children, who were visiting the museum views. We can and must do more to prevent even have been permitted to cast a vote. We yesterday. future generations from falling victim to a life have seen increasing numbers of women and Mr. Johns’ successfully defended our Na- consumed by hate. minorities serving at the highest levels of our tion’s most prominent monument built to reli- The most powerful response we can take is government. These developments give us gious and ethnic tolerance from the worst kind to reinforce the Museum’s mission to educate hope, even in the dark moments such as yes- of hate and delusion. Anti-Semitism and harm- and inspire people to fight prejudice in all its terday’s murderous attack. ing innocent civilians have no place in a civ- forms. With President Obama’s recent visit to I also would like to note that students from ilized society. He will be remembered always Buchenwald and the Pope’s recent trip to Yad my home state of Massachusetts were in the as an American hero and his family should be Vashem, we must emphasize the value of Hol- Holocaust Museum yesterday when the gun- proud of his sacrifice for others. ocaust education as a potent antidote to the man opened fire. I commend the Museum Mr. HOYER. Mr. Speaker, I pause today to vicious venom spread from Internet chat staff and the school chaperones for quickly honor the memory of Stephen Tyrone Johns rooms and beyond. shepherding the students to safety, ensuring of Temple Hills, Maryland, who died yesterday Congress has been a partner of the U.S. that none was injured in the attack. The fact defending the United States Holocaust Memo- Holocaust Museum from the very beginning. that millions of schoolchildren visit the Mu- rial Museum against an anti-Semitic gunman. We will be forever committed to its safety and seum and learn the truth about the Holocaust Although the gunman appears to have been its success. is a rebuke to those, like the deranged killer, a hardened denier of the Holocaust, his crime Mr. MARKEY of Massachusetts. Mr. Speak- who seek to deny that the Holocaust occurred. only brings home the high value of that mu- er, I rise today with great sadness to address As Reverend Martin Luther King taught us, seum of remembrance, which preserves the the horrible attack which took place yesterday ‘‘the arc of the moral universe is long but it

VerDate Nov 24 2008 04:07 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JN7.046 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6593 bends toward justice.’’ We will continue to The vote was taken by electronic de- Murphy, Tim Rooney Stupak work to move our nation inexorably in the di- vice, and there were—yeas 413, nays 0, Murtha Ros-Lehtinen Sutton Myrick Roskam Tanner rection of justice and equality, because those not voting 21, as follows: Nadler (NY) Ross Tauscher Napolitano Rothman (NJ) are the values which tie us together. Yester- [Roll No. 334] Taylor day, an immoral and evil act took the life of a Neal (MA) Roybal-Allard Teague Neugebauer Royce brave officer. As we express our sadness and YEAS—413 Terry Nye Rush Thompson (CA) Abercrombie Davis (IL) Johnson (IL) Oberstar Ryan (OH) respect for Officer Johns, we also remain Thompson (MS) Aderholt Davis (KY) Johnson, E. B. Obey Ryan (WI) undeterred in our efforts to achieve and put Thompson (PA) Adler (NJ) Davis (TN) Johnson, Sam Olson Salazar Thornberry into practice our nation’s highest ideals—that Akin Deal (GA) Jones Olver Sanchez, Loretta all men and women are created equal, with in- Alexander DeFazio Jordan (OH) Ortiz Sarbanes Tiahrt alienable rights that no person can abridge. Altmire DeGette Kanjorski Pallone Scalise Tiberi Andrews DeLauro Kaptur Pascrell Schakowsky Tierney Ms. JACKSON-LEE of Texas. Mr. Speaker, Arcuri Dent Kildee Pastor (AZ) Schauer Titus I stand here today to express my heartfelt Austria Diaz-Balart, L. Kilpatrick (MI) Paul Schiff Tonko condolences to the family of Officer Stephen Bachmann Diaz-Balart, M. Kilroy Paulsen Schmidt Towns Bachus Dicks Kind Tyrone Johns, who fell victim to yesterday’s Payne Schock Tsongas Baird Dingell King (IA) Pelosi Schrader Turner fatal shooting at the United States Holocaust Baldwin Doggett King (NY) Pence Schwartz Upton Memorial Museum in Washington, D.C. This Barrow Donnelly (IN) Kingston Perlmutter Scott (GA) Van Hollen Bartlett Doyle Kirk Perriello Scott (VA) Vela´ zquez tragic outburst of violence and hatred turned Barton (TX) Dreier Kirkpatrick (AZ) the Holocaust Memorial Museum, a ‘‘Monu- Peters Sensenbrenner Visclosky Bean Driehaus Kissell Peterson Serrano Walden Becerra Duncan Klein (FL) ment of Sorrow’’ (reported in the Washington Petri Sessions Walz Berkley Edwards (MD) Kline (MN) Post), into monumental sorrow as we mourn Pingree (ME) Sestak Wamp Berman Edwards (TX) Kosmas Pitts Shadegg Wasserman the senseless loss of a brave man who died Berry Ehlers Kratovil Platts Shea-Porter Schultz because of the color of his skin. I sit on the Biggert Ellison Kucinich Polis (CO) Sherman Waters Bilbray Ellsworth Lamborn Advisory Board of the Houston Holocaust Mu- Pomeroy Shimkus Watson Bilirakis Emerson Lance Posey Shuler seum, and I understand that such a museum Bishop (GA) Engel Langevin Watt Price (GA) Shuster Waxman should be a dwelling of honor and respect, not Bishop (NY) Eshoo Larsen (WA) Price (NC) Simpson Weiner a house of violence and hatred. It should be Bishop (UT) Etheridge Larson (CT) Putnam Sires Welch a place that mourns those who died in the Blumenauer Fallin Latham Quigley Skelton Boccieri Farr LaTourette Westmoreland horrific Holocaust, as well as a place that Radanovich Slaughter Boehner Fattah Latta Rahall Smith (NE) Wexler seeks to promote peace. This violent act can Bonner Filner Lee (CA) Rangel Smith (NJ) Whitfield not be tolerated. Bono Mack Flake Lee (NY) Rehberg Smith (TX) Wilson (OH) I would like to express my outrage at this Boozman Fleming Levin Reichert Smith (WA) Wilson (SC) Boren Forbes Lewis (CA) Reyes Snyder Wittman racially-motivated killing, and my concern for Boswell Fortenberry Lipinski Rodriguez Souder Wolf Officer Johns’ family, who is left to com- Boucher Foster LoBiondo Roe (TN) Space Woolsey prehend a void that will never again be filled. Boustany Foxx Loebsack Rogers (AL) Speier Wu Boyd Frank (MA) Lofgren, Zoe I would also like to express my concern to the Rogers (KY) Spratt Yarmuth Brady (PA) Franks (AZ) Lowey Rogers (MI) Stark Young (AK) patrons of the Holocaust Memorial Museum in Brady (TX) Frelinghuysen Lucas Rohrabacher Stearns Young (FL) our Nation’s Capital, who were subject to Braley (IA) Fudge Luetkemeyer Bright Gallegly Luja´ n NOT VOTING—21 baseless and tragic violence yesterday. De- Broun (GA) Garrett (NJ) Lummis Ackerman Himes Poe (TX) spite the strides the United States has made Brown (SC) Gerlach Lungren, Daniel Baca Hirono Richardson Brown-Waite, Giffords E. in the arena of Civil Rights, and the progress Barrett (SC) Kagen Ruppersberger Ginny Gingrey (GA) Lynch we continue to make with respect to tolerance, Blackburn Kennedy Sa´ nchez, Linda Buchanan Gohmert Mack Blunt Lewis (GA) yesterday’s hate crime indicates we have not Burgess Gonzalez Maffei T. Brown, Corrine Linder Sullivan come far enough. We always seek to protect Burton (IN) Goodlatte Maloney Childers Moran (VA) speech, that is part of our American values, Butterfield Gordon (TN) Manzullo Delahunt Nunes but we can not ignore and protect the violence Buyer Granger Marchant Calvert Graves Markey (CO) b 1655 that comes because Americans believe in the Camp Grayson Markey (MA) right of free speech. Campbell Green, Al Marshall Mr. HONDA and Ms. SPEIER changed Cantor Green, Gene Massa their vote from ‘‘nay’’ to ‘‘yea.’’ Let this tragic loss be an alarm for the Cao Griffith Matheson United States that we must do more to pro- Capito Grijalva Matsui So (two-thirds being in the affirma- mote respect and understanding among the Capps Guthrie McCarthy (CA) tive) the rules were suspended and the people of our diverse nation, rather than allow Capuano Gutierrez McCarthy (NY) resolution was agreed to. Cardoza Hall (NY) McCaul ignorance to manifest within our country. Let Carnahan Hall (TX) McClintock The result of the vote was announced Officer Stephen Tyrone Johns’ legacy be Carney Halvorson McCollum as above recorded. marked as a renewed commitment to fighting Carson (IN) Hare McCotter A motion to reconsider was laid on Carter Harman McDermott the table. racism and bigotry. Let this time be one of Cassidy Harper McGovern new hope between the African-American, Jew- Castle Hastings (FL) McHenry f ish communities, and all communities, that to- Castor (FL) Hastings (WA) McHugh gether we shall weave a fabric of tolerance Chaffetz Heinrich McIntyre PERSONAL EXPLANATION Chandler Heller McKeon and peace, and that together we shall over- Clarke Hensarling McMahon Mr. BACA. Madam Speaker, If I would have come hatred today. I urge passage of this im- Clay Herger McMorris been here, I would have voted in support of portant Resolution. Cleaver Herseth Sandlin Rodgers Motion to go to Conference on H.R. 2346— Clyburn Higgins McNerney Mr. RAHALL. Mr. Speaker, I yield Coble Hill Meek (FL) Supplemental Appropriations Act, 2009, H.R. back the balance of my time. Coffman (CO) Hinchey Meeks (NY) 1886—Pakistan Enduring Assistance and Co- The SPEAKER pro tempore. The Cohen Hinojosa Melancon operation Enhancement Act of 2009, H.R. Cole Hodes Mica question is on the motion offered by Conaway Hoekstra Michaud 1687 and H. Res. 529. the gentleman from West Virginia (Mr. Connolly (VA) Holden Miller (FL) f RAHALL) that the House suspend the Conyers Holt Miller (MI) rules and agree to the resolution, H. Cooper Honda Miller (NC) REPORT ON RESOLUTION PRO- Costa Hoyer Miller, Gary Res. 529. Costello Hunter Miller, George VIDING FOR CONSIDERATION OF The question was taken. Courtney Inglis Minnick SENATE AMENDMENT TO H.R. The SPEAKER pro tempore. In the Crenshaw Inslee Mitchell 1256, FAMILY SMOKING PREVEN- Crowley Israel Mollohan TION AND TOBACCO CONTROL opinion of the Chair, two-thirds being Cuellar Issa Moore (KS) in the affirmative, the ayes have it. Culberson Jackson (IL) Moore (WI) ACT Mr. RAHALL. Mr. Speaker, on that I Cummings Jackson-Lee Moran (KS) Mr. POLIS, from the Committee on Dahlkemper (TX) Murphy (CT) demand the yeas and nays. Davis (AL) Jenkins Murphy (NY) Rules, submitted a privileged report The yeas and nays were ordered. Davis (CA) Johnson (GA) Murphy, Patrick (Rept. No. 111–145) on the resolution (H.

VerDate Nov 24 2008 04:07 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JN7.053 H11JNPT1 jbell on PROD1PC69 with HOUSE H6594 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Res. 532) providing for consideration of It was passed, but yesterday’s promises woman from California (Ms. WOOLSEY) the Senate amendment to the bill (H.R. are in stark contrast to what we see is recognized for 5 minutes. 1256) to protect the public health by today—unemployment is at 9.4 percent, (Ms. WOOLSEY addressed the House. providing the Food and Drug Adminis- and just this morning CNN reported Her remarks will appear hereafter in tration with certain authority to regu- that America saw $1.3 trillion of wealth the Extensions of Remarks.) late tobacco products, to amend title 5, vaporize in the first quarter of 2009. f United States Code, to make certain Despite massive government spend- SUPPORTING A SOLAR CARVE-OUT modifications in the Thrift Savings ing, foreclosures continue, car dealer- Plan, the Civil Service Retirement ships are closing, layoffs continue, and The SPEAKER pro tempore. Under a System, and the Federal Employees’ the stock market and home values con- previous order of the House, the gentle- Retirement System, and for other pur- tinue to decline. The government is woman from Arizona (Ms. GIFFORDS) is poses, which was referred to the House borrowing money it does not have, in- recognized for 5 minutes. Calendar and ordered to be printed. flating programs it does not need and Ms. GIFFORDS. Mr. Speaker, our Na- tion today is facing many great chal- f making promises it cannot keep. Tax- payers don’t understand why so much lenges, but there are three in par- CONGRATULATING THE MOORES- money is being wasted so quickly with ticular that specifically I think are of TOWN HIGH SCHOOL GIRLS LA- nothing to show for it. great concern to the American people: CROSSE TEAM I understand. This week I offered a Achieving energy independence, ad- (Mr. ADLER of New Jersey asked and simple solution. Rescind unobligated dressing climate change and stimu- was given permission to address the money from the stimulus bill and save lating our economy. These are all sig- House for 1 minute.) the taxpayers over $250 billion. That’s nificant challenges, but they also Mr. ADLER of New Jersey. Mr. money we won’t have to borrow from present great opportunities. As we con- Speaker, on behalf of all Burlington the Chinese. Unfortunately, the amend- front these issues, we have the chance County residents, I rise today to con- ment failed on a party-line vote. to make our world stronger, safer and gratulate the Moorestown High School Today I am introducing the Repeal more prosperous. girls’ lacrosse team for winning their the Stimulus Act of 2009, and I urge my One of the best ways to do this is by 10th straight New Jersey State Cham- colleagues to join with me to repeal deploying renewable energy. Renew- pionship. the stimulus bill and the spending able energy sources, especially solar, As a father of four boys, I understand schemes of the current administration our Nation’s most abundant renewable the importance of having sports and and cut back on the amount of money energy source, offers a real solution to extracurricular activities in a young we have to borrow from China. these challenges I just mentioned. Our solar resource is vast, it’s domestic, person’s life. It encourages teamwork, f and it’s free. It is clean, and it gen- a sense of pride and accomplishment, SUPPORTING LEGISLATION TO and responsibility. The Moorestown erates electricity without greenhouse HELP AUTOMOBILE DEALER- gas emissions. In addition, the solar High School girls lacrosse team em- SHIPS STAY IN BUSINESS bodies all those attributes. power industry is growing and creating Led by senior captains Karli Tobin (Mr. PAULSEN asked and was given good-paying jobs. For all of these rea- and Alyssa Ogle, Moorestown High permission to address the House for 1 sons, solar is important to America. This is why I’m concerned about the School beat Mountain Lakes High minute.) Mr. PAULSEN. Mr. Speaker, the way that solar power is treated in the School 11–8. Junior Katrina Martinelli bankruptcy filings of both GM and energy and climate bill that recently led the team in scoring with four goals Chrysler are threatening local auto emerged from the Energy and Com- and two assists, while Alyssa Ogle dealers as both companies are able to merce Committee. I commend Chair- scored three goals, including the game bypass State franchise laws that are men WAXMAN and MARKEY and their winner. designed to protect small dealerships. committee colleagues for their persist- Head coach Deanna Knobloch has Shutting the doors on these small busi- ence and skill in moving the legisla- been with the team for 18 years. Win- nesses will mean more job losses at a tion forward. However, I have to ex- ning 10 straight championships is no time when we can ill afford them. It’s press my deep concern that this bill easy task, and I applaud her and her incredible to many of us here in Con- does not do nearly enough to promote assistants, KC Knobloch, Julie gress that these decisions can be justi- solar power, one of the best solutions Catrambone, and Courtney Legath. fied if it isn’t saving a single job and is, for our Nation’s energy and climate This championship marks the 210th win in fact, eliminating jobs. challenges. The current Waxman-Mar- over New Jersey opponents over a full That’s why I’m cosponsoring legisla- key legislation would establish a Fed- 10 seasons. tion that was introduced this week eral renewable electricity standard, or Moorestown moves within one State that would protect these jobs by re- RES, of 20 percent by 2020, and that’s a title of tying the longest State cham- storing the franchise agreement be- good goal. The State of Arizona is 15 pionship winning streak. Again, con- tween the auto dealerships and GM and percent by 2025. However, the bill fails gratulations to Moorestown High Chrysler. Mr. Speaker, this would en- to establish an carve-out for any spe- School girls lacrosse team, especially sure that the dealers themselves, not cific type of renewable like solar; and those seniors. I look forward to seeing the government or the big automakers in my view, this constitutes an enor- you break that record. that are controlled by the government, mous missed opportunity. The primary Go Quakers. are able to decide the future of their reason to establish a RES is to create f operations. Let’s pass this legislation an assured level of demand for renew- b 1700 and help local entrepreneurs keep the able electricity. This assured demand businesses they’ve worked so hard to allows renewable technologies to in- INTRODUCTION OF REPEAL THE build. crease production, learn by doing and STIMULUS ACT f bring their prices down. This allows (Mr. TIAHRT asked and was given them to become cost competitive with SPECIAL ORDERS permission to address the House for 1 traditional energy sources. However, minute and to revise and extend his re- The SPEAKER pro tempore (Mr. PE- without carve-outs for different remarks.) TERS). Under the Speaker’s announced sources, the RES will fall short of its Mr. TIAHRT. Mr. Speaker, earlier policy of January 6, 2009, and under a own potential. Instead of creating de- this year the Obama administration previous order of the House, the fol- mand for all renewables, it’s going to told us the stimulus bill was the salva- lowing Members will be recognized for give preference to those that cost the tion to our economic woes. They pre- 5 minutes each. least, and currently that is wind and dicted, if passed, unemployment would f biomass. Without assured demand, top out at 7 percent and claimed jobs The SPEAKER pro tempore. Under a solar will miss out on an opportunity would be created or saved immediately. previous order of the House, the gentle- that the RES was designed to create. It

VerDate Nov 24 2008 04:07 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.082 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6595 will not grow as fast as it otherwise tleman from Indiana (Mr. BURTON) is we’ll go the way of great civilizations could, and it will not become as cost recognized for 5 minutes. that we have seen in the past, like competitive as quickly as it needs to. Mr. BURTON of Indiana. Mr. Speak- Rome. There’s just no question about Now I have nothing against wind and er, in the past couple of weeks, two of it in my mind. Right now the debt biomass. But if we develop these re- our colleagues, FRANK WOLF of Vir- that’s held by China, Japan, England sources at the expense of a more di- ginia, a Republican, and JIM COOPER of and other countries is out of sight. verse portfolio, we will lose our oppor- Tennessee, a Democrat, sent this book- They don’t want to buy our debt any- tunity to stimulate our domestic solar let around to all of the Members. We more because the value of the dollar industry that can compete in a global get a lot of correspondence and a lot of has been plummeting because we’re marketplace. I understand the reluc- books and leaflets; but I would just printing so much money. Right now tance to pick technology winners and like to say to my colleagues tonight, I we’re talking about printing trillions losers. In fact, I agree with that. But hope you read this. It doesn’t take very of dollars more because they won’t buy I’m not talking about picking a tech- long, but it’s extremely important be- our debt, and we don’t have that nology. I’m talking about picking a re- cause it deals with not only today but money. When that printing press gets source, and that is a big difference. It with our future and our kids’ future out of control like it is right now, is impossible to imagine a future pow- and our posterity. What it talks about down the road we’re going to see very ered by renewables that does not in- is the debt that we have in this country high inflation, very high taxes and an clude a significant amount of solar en- and where we’re going. economy that’s unsustainable. ergy. We may not yet know what that In the last 10 years, we’ve gone from So I hope my colleagues will read best type of solar technology will ulti- $5.5 trillion in debt to over $11 trillion this. The book is called State of the mately be, but we do know and the rest in debt, and the debt is escalating at a Union’s Finances: A Citizen’s Guide, of the world knows that we want it to very rapid rate. In fact, right now the put out by my good friends FRANK come from the sun, and we want it to projected deficit in the future is up to WOLF and JIM COOPER, and it is from be solar. Therefore, it’s in our national $56 trillion. The reason for expected ex- interest to ensure that the U.S. solar the Pete Peterson Foundation. It’s on penditures is for the programs that your desk. I hope all of you will read it. industry is the strongest in the world, have been proposed and have been and we should do so by continuing to passed into law by this body and the f promote and innovate. Solar power, other body. Right now explicit liabil- yes, is in its infancy today; but we need ECONOMIC TROUBLES IN THE 17TH ities include publicly held debt, mili- to make sure that in the future it real- CONGRESSIONAL DISTRICT OF tary and civilian pensions, and retiree ly drives America. OHIO health benefits, plus other things, Thank you for the opportunity, Mr. The SPEAKER pro tempore. Under a Speaker. And as we work towards im- that’s $12.2 trillion; $1.3 trillion is for Federal insurance loan guarantees, previous order of the House, the gen- plementing solar technology in our leg- tleman from Ohio (Mr. RYAN) is recog- islation, I just want to thank my col- leases and so forth; and then the big one, $42.9 trillion, is Medicare hospital nized for 5 minutes. leagues for spending time to learn Mr. RYAN of Ohio. Mr. Speaker, I about this important resource. insurance, which is $12.7 trillion; Medi- care outpatient, $15.7 trillion; Medicare would like to rise today to speak about To do that, we should establish an effective an issue that is important to our com- incentive in the form of a 20 percent solar prescription drugs, $7.9 trillion; and So- cial Security, $6.6 trillion, for a total of munity in Northeast Ohio, specifically, carve-out within the RES. the city of Warren and the city of A couple weeks ago, researchers at the $56.4 trillion. And that does not include Youngstown dealing with the auto task University of Arizona in my hometown of Tuc- what’s going on today. We’re going force and the bankruptcies that have son were awarded a $15 million grant to cre- into debt right now at about $1 to $2 ate an Energy Frontier Research Center. They trillion a year, and it’s going to con- been going on in the auto industry. The are working to develop ultrathin solar panels tinue like that because of the programs community that I come from has been that use dyes to create electricity from sun- we’re talking about. adversely affected not just over the light. This project is tremendously exciting, but Over the past few months since this past few months or few years but really as we invest in these technologies, we must new administration has taken office, over the past 30 years. We’ve seen the ensure we are creating a market to use them. we have seen proposed a socialized loss of a tremendous amount of jobs. In the race to become the global solar lead- medicine approach to health, a na- The home of Delphi, the original Del- er, the clock is ticking and the competition is tional health care program. Lord only phi, the original Packard Electric, fierce. America does not have time to waste knows how much that’s going to cost, started many years ago by the Packard with poorly designed policies. This is why I call but it’s going to be in the billions and brothers; a General Motors plant in on my colleagues to support a solar carve-out billions and probably the trillions of Lordstown; steel mills, all have been within the RES. It is a proven mechanism to dollars. Much of that will be added to adversely affected over the past 30 develop a truly diverse renewable portfolio that the national debt because we don’t years, but specifically over the past includes solar power. have that money. The auto industry— few months and few years, given the f there’s been bailouts of the auto indus- new problems in the auto industry. The SPEAKER pro tempore. Under a try, and it hasn’t really worked. They And every day that we wake up, and previous order of the House, the gen- still had to file chapter 11, and over $50 we read The Warren Tribune or The tleman from Kansas (Mr. MORAN) is billion went to the auto industry. Youngstown Vindicator, we’ve been recognized for 5 minutes. The banking and financial institu- getting bad news about layoffs— (Mr. MORAN addressed the House. tions. There was a big bailout of those Severstal Steel goes idle, 1,000 jobs; His remarks will appear hereafter in in the TARP bill, I believe it was. And General Motors plant takes off the the Extensions of Remarks.) then the energy bill that they’re talk- third shift, takes off the second shift, f ing about, the cap-and-trade, is going few left on the first shift. Delphi went The SPEAKER pro tempore. Under a to cost a tremendous amount of money from 15,000 employees 20 or 30 years ago previous order of the House, the gen- to the taxpayers not only from the tax down to just a few today. A group that tleman from Texas (Mr. POE) is recog- money we get here, but also what they has also been adversely affected with nized for 5 minutes. are going to have to spend in their maybe not as much attention as it (Mr. POE of Texas addressed the homes for higher electric bills and ev- should have been given are the Delphi House. His remarks will appear here- erything else in the future. salaried employees, who many have after in the Extensions of Remarks.) Let me just say, Mr. Speaker, this is spent two-thirds of their careers work- something my colleagues really ought ing for Delphi, working under the Gen- f to read. It talks about our future, our eral Motors umbrella; and helping with STATE OF THE UNION’S FINANCES: kids’ futures and our grandkids’ fu- the engineering, the designing, the run- A CITIZEN’S GUIDE tures. If we continue down the path ning of this company, have spent their The SPEAKER pro tempore. Under a we’re on, there’s no doubt in my mind lives, spent a lot of their time, missed previous order of the House, the gen- that this country will go bankrupt, and a lot of baseball games, missed a lot of

VerDate Nov 24 2008 04:07 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.085 H11JNPT1 jbell on PROD1PC69 with HOUSE H6596 CONGRESSIONAL RECORD — HOUSE June 11, 2009 kids’ events over the course of their ca- serve to be heard just as much as any- ment that shopkeeper covers his short- reers, dedicating their lives to this one else. falls with borrowing and bookkeeping company. f tricks. Ultimately he is going to reach a tip- b 1715 The SPEAKER pro tempore. Under a ping point, where anything he does previous order of the House, the gen- They are now finding themselves in a makes the situation worse. Borrowing tleman from North Carolina (Mr. very difficult position as we go through costs are eating him alive and he is JONES) is recognized for 5 minutes. this restructuring to where many of running out of credit. Raising prices (Mr. JONES addressed the House. His them have taken a buyout and were causes his sales to decline and there is remarks will appear hereafter in the promised a supplemental to get them only so much discretionary spending Extensions of Remarks.) to Social Security, and now through that he can cut. the restructuring they may not only f That is California’s predicament in a lose their pensions, but they are also The SPEAKER pro tempore. Under a nutshell. California’s borrowing costs going to lose their supplemental. They previous order of the House, the gentle- now exceed the budget of the entire are also losing their health care. And woman from Ohio (Ms. KAPTUR) is rec- University of California, and the rea- this is a group of people that contrib- ognized for 5 minutes. son for their loan guarantees is their uted to this company, contributed to (Ms. KAPTUR addressed the House. credit is exhausted. They have just im- this country, for many, many years, Her remarks will appear hereafter in posed the biggest tax increase by any and deserve to be heard. the Extensions of Remarks.) State in American history, and it has Our community that has suffered all f actually reduced their revenues and of these blows can only stand so much. made the budget gap wider. The SPEAKER pro tempore. Under a And here are another 15,000 salaried Although there are many obsolete, previous order of the House, the gen- workers across the country, but prob- duplicative or low-priority programs tleman from Texas (Mr. PAUL) is recog- ably about 1,000 in our community, and expenditures that the State can nized for 5 minutes. that have done the right thing, have and should abolish, there aren’t enough (Mr. PAUL addressed the House. His paid their taxes, paid their property of them to come anywhere close to remarks will appear hereafter in the taxes to fund the schools and the li- closing California’s deficit without di- Extensions of Remarks.) braries, supported the communities, rectly impacting basic services. did the right thing, and now are being f Sadly, California has reached the ter- extremely hurt by the situation. minal stage of a bureaucratic state, TOUGH LOVE FOR CALIFORNIA So I, along with many others in the where government has become so large Ohio delegation, Senator BROWN and The SPEAKER pro tempore. Under a and so tangled that it can no longer others, Representative BOCCIERI and previous order of the House, the gen- perform even basic functions, a warn- Representative CHARLIE WILSON, tleman from California (Mr. MCCLIN- ing to all of us here in this House, I MARCIA FUDGE, a lot of others, have TOCK) is recognized for 5 minutes. might add. Simply stated, there is now been spending time trying to raise Mr. MCCLINTOCK. Mr. Speaker, the no substitute for a fundamental re- awareness and push the auto task force Governor of my home State of Cali- structuring of the State’s major serv- to consider these 15,000 people across fornia has called for the Federal Gov- ice delivery systems and restoring the this great country who have contrib- ernment to underwrite as much as $15 efficiencies that once produced a far uted in such a significant way to the billion of revenue anticipation notes higher level of service at far lower auto industry, and we want to make that the State has to issue to avoid costs than what we see today. sure that the auto task force recog- bankruptcy. I think that would be a co- Now, restoring that efficiency is nizes that as these decisions are being lossal mistake. Such an act would not going to require the Governor and the made, some already are made, that only put at risk billions of dollars that legislature to wrest control from the they are made fairly and equitably; our country cannot afford, it would ac- public employee unions, to dismantle that these people who have served the tually make California’s fiscal condi- the enormous bureaucracies that have company as significantly as others get tion worse. grown up over the service delivery sys- the same kind of recognition, the same Today, California faces a paradox. tem, and to decentralize administra- kind of support, and they are not asked Despite record levels of spending and tion and decisionmaking, to contract to bear the brunt of the whole burden. record levels of borrowing, it can no out services that the private sector can As the new GM tries to reinvent longer produce a decent road system or provide more efficiently, to rescind the itself and get back up on its feet, it is educate its kids or lock up its pris- recent tax increases that are actually important that they don’t lose, and I oners. Those who blame the recession costing the State money, and to roll think it is important for the auto task for California’s budget crisis pro- back the regulatory obstacles to pro- force to recognize this, Mr. Speaker, foundly misunderstand the nature of ductive enterprise. that they don’t lose a core constitu- that crisis. These are the changes that cannot be ency of General Motors consumers. Even before California’s revenue implemented overnight and that will Former employees who have been loyal began to shrink, the State government not begin to produce results for some to the company, 15,000 of them, should was running a chronic $10 billion def- time, and that brings us to the fine not only be considered, but it is a basic icit and piling up unprecedented debt. point of the matter. What Churchill tactic for marketing purposes. These The recession was merely the catalyst. called history’s ‘‘chilling words’’ are are people who want to be loyal to Gen- The underlying cause is rampant mis- about to be pronounced on California’s eral Motors, who want to be supportive management of the State’s resources. failed leadership: Too late. of General Motors, and feel like they California spends about $43,000 to The Federal loan guarantee or bail- are being forced to bear a major brunt house a prisoner per year, while many out may be the only way to buy time of this. States spend just half of that. Cali- for the restructuring of California’s bu- Again, I rise today because I have fornia spends over $11,000 per pupil, but reaucracies to take effect, but the dis- lived and worked here, and these are only a fraction of that ever reaches the cussion remains academic until and un- people who have coached me growing classroom. California has one of the less the State actually adopts the re- up and been involved in all of our lives most expensive welfare systems in the placement structures, actually unbur- and are such a critical component to country, and yet one of the worst dens its shrinking productive sector our community. Many times I have records in moving people off of welfare. and presents a credible plan to redeem risen on this House floor to talk about That has never seemed to bother the State’s crushing debt and looming the workers and the unions and how California’s legislature or its Governor. obligations. Without these actions, the Amwells and the Youngstown Steel They are like the shopkeeper who Federal intervention will only make Doors and the UAW workers and the leased out too much space, ordered too California’s problems worse by post- steelworkers have been hurt, but work- much inventory, hired too many people poning reform, continuing ers are workers, and these people de- and paid them too much. Every mo- unsustainable spending and piling up

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.088 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6597 still more debt that the State cannot lowed the Taliban and insurgents to RAMMING A DANGEROUS AND redeem. take over. CONTROVERSIAL AGENDA In short, if California won’t help And this is what we have, frankly, THROUGH CONGRESS itself, the Federal Government cannot the devastation of 2.5 million people The SPEAKER pro tempore. Under a and it should not and it must not. who are now moving from one place to previous order of the House, the gen- f the next. But the army is fighting the tleman from Texas (Mr. OLSON) is rec- OUR WONDERFUL HISTORY WITH terrorists. And do you know what is ognized for 5 minutes. PAKISTAN more important? The people are stand- Mr. OLSON. Mr. Speaker, I rise today to express my growing alarm with the The SPEAKER pro tempore. Under a ing up against the terrorists. Democrat leadership’s clear intention previous order of the House, the gentle- The legislation we have today will to use the conference report on the war woman from Texas (Ms. JACKSON-LEE) provide an investment through a pros- supplemental appropriations bill to is recognized for 5 minutes. perity fund. It will have certain cri- ram a dangerous and controversial Ms. JACKSON-LEE of Texas. Mr. teria for Federal funding, for tax- agenda through this Congress. Speaker, let me acknowledge the very payers’ dollars to go to Pakistan. They It is now clear that Senate and House hard work that was accomplished by must ensure that their nuclear mate- Democrats have decided to let their the Foreign Affairs Committee of the rials are protected. They must make own political agenda subvert a bipar- House, Chairman BERMAN and Sub- sure that they are fighting radicalism. tisan agreement on providing the men committee Chairman ACKERMAN, and And we can stop this kind of human and women of our military with the say that we did the right thing today. devastation. support they need to continue the fight By passing the Pakistan Enduring As- We know the international help that against terrorism in Iraq and Afghani- sistance and Cooperation Enhancement stan. Act, the American people have made a came to us during Hurricane Katrina. few more steps toward their own per- We know what we did with the tsu- b 1730 sonal security, their own ensuring of nami. This is a terrorist tsunami. And I proudly supported the House the security of the homeland, and rec- I want to say that the Government, version of this bill when it originally ognizing a long-standing relationship whether we agree or disagree with its passed this Chamber. However, Demo- that has had, frankly, its hills and val- strength, I believe they love democ- crats are now preparing to use the con- leys. racy. These conditionalities that may ference report, which cannot, cannot be Many of us don’t know the history of be opposed will work their way through amended, to add unrelated, politically other countries, and obviously we have Congress. But if we didn’t act today, motivated poison pills to the measure. our own wonderful history. But, inter- we would continue to have the burials My Democrat colleagues are pro- estingly enough, when Pakistan was of so many people that are going on in posing to add up to $108 billion for the founded by a person named Muhammad this country, the kind of massive International Monetary Fund as part Ali Jinnah, it was founded on demo- bombing that the terrorists think they of the global bailout for foreign na- cratic principles, and we have had a can do to intimidate the people of tions. Not only is this a bad idea on its longstanding 50-plus year relationship, Pakistan. own, I have yet to hear any expla- although it has been uneven. So, as a co-Chair of the Pakistan nation of how on Earth this will ben- So today we have restored that rela- Caucus, I am grateful that we made a efit our troops in Iraq and Afghanistan. tionship, and I hope Pakistani Ameri- first step. I want the American people In fact, this money will have pre- cans and their own Embassy that is to know that your neighbors are Paki- cisely the opposite effect. Iran, which here representing Pakistan really real- stani Americans. They are doctors, the State Department has repeatedly izes that we made a strong statement they are entrepreneurs, they are retail- certified as ‘‘the most active state today for the respect and for the rela- sponsor of terrorism in the world,’’ ers. They love this country, and they tionship of this nation. would be eligible for these funds. Ven- want to help their country as well. I We have in essence put together a ezuela’s Hugo Chavez, who describes am glad we made this first step. document that would enhance signifi- America as ‘‘the biggest menace on our cantly economic, social and democratic Let me move quickly to a domestic planet’’ and supports narcoterrorists in assistance for Pakistan. We have recog- issue and put an explanation point on neighboring nations, he, too, would be nized the importance of public diplo- what we did right for Pakistan and say eligible for these funds. macy and engagement. That is a rein- that I stand here today and support a The purpose of this bill is to make vestment, a reordering of the relation- restoration and bailout for automobile sure our Armed Forces have the men ship. dealers. We missed the boat. We have and material they need to defeat ter- We have also recognized the impor- dealerships who have gotten these ugly rorists. That this bill would include tance of a regional process or coordina- letters saying that even though you funding that could benefit the sponsors tion between Afghanistan, India and are a pillar of the community, you are of terrorism, it’s outrageous. Bangladesh, recognizing that this area, in good financial shape, you can sell All of this being said, I’d welcome an South Asia, is an important part of our the cars, you must close. honest, open debate and vote in this security and their security. We must Mr. Speaker, I stand against it, and I Chamber on the IMF funding, but my recognize that the people of Pakistan believe that as we move forward, we Democrat colleagues apparently would love democracy. And, yes, what we must have a carve-out for our auto- rather not risk a separate up-or-down have seen over the last couple of days mobile dealers who in fact can main- vote. Therefore, they’ve resorted to really has given us pause. playing games with funding for our tain their independence, who can sell Well, I want you to know that the troops by shoe-horning this measure in cars. Whether or not it is by Fiat or Pakistan military under their Sec- a war spending bill with no oppor- whether or not it is someone else, retary of the army is doing something tunity for debate here in the people’s Chrysler and GM cannot close by ca- they don’t usually do. Their structure House. veat, despite the bankruptcy struc- has been that they have been moni- And it won’t end there. Unbelievably, turing, the reordering, the reorganiza- toring or, if you will, watching the bor- reports are that Democrats are looking der. That has been their task. For the tion under chapter 11. They cannot to include language to permit the first time, they have accepted the re- come and close hardworking auto- transfer of terrorists being held in sponsibility of internally ridding their mobile dealerships, and we as Ameri- Guantanamo Bay to the United States, country of the terrorists, the ones who cans and Members of Congress cannot and they intend to require the imme- have taken over the Swat, who have forget them. diate release of photographs of de- undermined them, people whose faith I will be looking forward to sup- tained terrorists, likely, likely inflam- may have drawn them to a particular porting legislation and writing legisla- ing Islamists across the globe and fur- situation where they thought the gov- tion for automobile dealers carve-out ther endangering our Armed Forces de- ernment wasn’t functioning, so they al- and bailout. ployed overseas.

VerDate Nov 24 2008 04:07 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.093 H11JNPT1 jbell on PROD1PC69 with HOUSE H6598 CONGRESSIONAL RECORD — HOUSE June 11, 2009 And again, I will happily debate So with that introduction, I want to tleman from Illinois (Mr. MANZULLO) is these wrongheaded measures on the highlight the service of one of the recognized for 5 minutes. floor of this body any day of the week, thousands of brave men and women (Mr. MANZULLO addressed the but this attempt to ram these unac- who do amazing things for the rest of House. His remarks will appear here- ceptable provisions through the House us every day. after in the Extensions of Remarks.) without a debate or a vote is simply Joe Piram graduated from Eden Prai- f wrong. And I can’t think of a more de- rie High School in 2004. Joining the IN MEMORY OF SERGEANT moralizing message to send to our Marines had been something he wanted JEFFREY JORDAN fighting forces than that a majority of to do all of his life, and the passion was Congress is willing, for political expe- fueled by the tragedy of September 11, The SPEAKER pro tempore. Under a diency’s sake, to load down a war fund- which played a key role in his decision. previous order of the House, the gen- ing bill with unrelated, unpopular pro- We talk about the threat that al tleman from Georgia (Mr. GINGREY) is visions. Qaeda represents to our world, and we recognized for 5 minutes. Mr. GINGREY of Georgia. Mr. Speak- When I served in the United States deplore their savagery and their ruth- er, this week the residents of a small Navy, we feared the annual games poli- lessness. Corporal Piram chose to go town in Georgia’s 11th Congressional ticians played with military funding. It out and fight them over there so that District are grieving together as they made us angry to know that we were we could be safe here. He’s now served say goodbye to a native son who died tasked with a mission, and then politi- two tours in Iraq and one in Afghani- while bravely serving his Nation in Af- cians played politics with the resources stan. His unit was called ‘‘The Lions of ghanistan. we needed to complete that mission. the Desert’’ because of the courage and Mr. Speaker, I did not come here to Sergeant Jeffrey W. Jordan was the strength and heart with which they killed in action on June 4, 2009, near play that game. There is no honor in a carried out their missions. vote that conditions the funding for Kapisa, Afghanistan, of wounds suf- Near the end of his most recent tour, fered from an improvised explosive de- our soldiers, sailors, airmen, marines however, just about a year ago, he was and coastguardsmen on satisfying an vice and small arms fire. injured by an IED. He suffered burns Jeffrey was born and raised in Floyd unrelated political agenda. This Con- over almost 40 percent of his body. In County and, after high school, he set- gress must not cheapen and degrade the months since then, he’s put the tled in a very close-knit town of Cave our military to simply move forward same determination in his recovery Springs, Georgia, with his wife, Lacey, with political interests. that he put into his military service. and his son, Tailor. Tragically, the Jor- f With the strong support of his family dan family marked Tailor’s first birth- The SPEAKER pro tempore. Under a and his own resilient spirit, he’s mak- day on the very same day his father previous order of the House, the gen- ing great progress and doing well. As a gave his life in defense of our Nation. tleman from Texas (Mr. GOHMERT) is matter of fact, when a reporter from Jeffrey is remembered as a loving recognized for 5 minutes. the Eden Prairie newspaper called and husband, father, son, brother, grand- (Mr. GOHMERT addressed the House. spoke with him recently, he had just son, friend and patriot whose sacrifice His remarks will appear hereafter in completed a 5K race at an event in for our Nation will never be forgotten. the Extensions of Remarks.) Florida. Mr. Speaker, Sergeant Jordan leaves f Joe’s recovery is going well, and he’s behind his wife, Lacey Lambert Jor- The SPEAKER pro tempore. Under a making ambitious plans for when he dan, his son, Tailor Jordan; his par- previous order of the House, the gen- leaves the military. It’s no surprise ents, Mary Lou and Tracy Lorin tleman from Texas (Mr. HENSARLING) is that he’s looking for new ways to use Dowdy; his brothers, Robert Jordan recognized for 5 minutes. his talents and his values to serve our and J.R. Thomason; a sister, Candice (Mr. HENSARLING addressed the country in law enforcement, and Dials; and his grandparents, C.W. and House. His remarks will appear here- maybe running for political office. Barbara White, and Mrs. Delores after in the Extensions of Remarks.) We have a tremendous country here Thomason and Mrs. Delane Ingram; f in the United States. We’re not perfect, also a great-grandmother, Mrs. Ruth but we’re still the envy of a large ma- HONORING THE SERVICE OF Wilson, as well as so many aunts and jority of people around the world. MARINE CORPORAL JOE PIRAM uncles and nieces and nephews and in- Through all the generations of Amer- laws. Tomorrow, I will join this group The SPEAKER pro tempore. Under a ican history, people like Joe have of Sergeant Jordan’s family, friends previous order of the House, the gen- quietly stepped forward to take on the and supporters at his funeral to honor tleman from Minnesota (Mr. PAULSEN) Nation’s toughest jobs. They don’t do the life of this brave soldier. is recognized for 5 minutes. it for fame or for fortune. They simply Mr. Speaker, my prayers go out to Mr. PAULSEN. Mr. Speaker, I rise to do it because they love their country, his family, and my deepest gratitude pay tribute to a truly great American, and they translate that love into a goes out to Sergeant Jordan for his Marine Corporal Joe Piram of Eden sense of duty and service. selfless sacrifice, yes, for our Nation. Prairie, Minnesota. We literally owe Corporal Joe Piram, I honor you and I ask all Members, please join me in our way of life to people like him. I thank you. We all thank you. We also honoring the distinguished memory of It’s important for us to remember, appreciate your family who raised you, Sergeant Jeffrey W. Jordan. Mr. Speaker, that every freedom we who supported you in your recovery f enjoy, every moment of safety and and, in a very tangible way, has also CLIMATE CHANGE HEARING every dream we have for the future served with you. that we hold was purchased with the With you in mind, we here in Wash- The SPEAKER pro tempore. Under a blood and sacrifice of our military fam- ington can try a little harder today to previous order of the House, the gen- ilies. We should not only be thankful make this country worthy of the price tleman from Virginia (Mr. GOODLATTE) for the reality of our quality of life, you have paid to make it great. is recognized for 5 minutes. but for those who laid theirs down to Mr. GOODLATTE. Mr. Speaker, as make it possible. f we speak here on the floor of the House We’re aware of the things that make The SPEAKER pro tempore. Under a right now, the House Agriculture Com- our society run—electricity, gasoline, previous order of the House, the gen- mittee is holding a hearing on the leg- money, jobs, for example—but our soci- tleman from Utah (Mr. BISHOP) is rec- islation reported out of the Energy and ety also runs on values, honesty, integ- ognized for 5 minutes. Commerce Committee, the so-called rity, service and sacrifice. Our national (Mr. BISHOP of Utah addressed the cap-and-trade legislation. Many of us progress can truly be measured by the House. His remarks will appear here- know it as cap-and-tax or a massive quality of our spirit. Here again, our after in the Extensions of Remarks.) new energy tax on the American peo- military families epitomize these es- f ple. sential American values. They’re role The SPEAKER pro tempore. Under a The Agriculture Committee has wise- models for all of us to follow. previous order of the House, the gen- ly decided to hold a hearing on this

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The simple truth behind from Members on both sides of the ard, we should not be repeating the the Waxman energy plan is that it raises aisle for the past 31⁄2 hours, as Members same mistake in this legislation. taxes, kills jobs and will lead to more govern- are almost uniformly opposed to the We must keep in mind that agri- ment intrusion. legislation, regardless of their party culture is an extensive energy-inten- f status, and have expressed grave con- sive industry, and this legislation will The SPEAKER pro tempore. Under a cerns about the impact that this will make the cost of energy even higher. previous order of the House, the gentle- have on America’s farmers and ranch- It’s estimated that the Waxman legis- woman from Minnesota (Mrs. ers, that it will have on rural America lation will raise electricity rates 90 BACHMANN) is recognized for 5 minutes. and, indeed, the devastating impact percent after adjusting for inflation, (Mrs. BACHMANN addressed the that it will have on our economy and gas prices 74 percent, and natural gas House. Her remarks will appear here- jobs and our standard of living as a prices 55 percent. after in the Extensions of Remarks.) whole. And I want to bring to the at- There is no doubt that this legisla- tention of the Members of the House tion will also raise the cost of fer- f some of the concerns that we have tilizer, chemical, and equipment which SPENDING raised. farmers use daily. This will cause seri- The impact that this legislation will ous economic harm for the American The SPEAKER pro tempore. Under a have on our economy and our very farmer. According to the Heritage previous order of the House, the gen- lives is extensive, and we should make Foundation, farm income is expected tleman from Texas (Mr. CARTER) is rec- sure that not just the Energy and Com- to drop because of this legislation by $8 ognized for 5 minutes. merce Committee, but every com- billion in 2012, $25 billion in 2024, and Mr. CARTER. Mr. Speaker, I would mittee in the House fully vets this bill. over $50 billion in 2035. These are de- like to start first by apologizing to Mr. The cap-and-trade proposal is really creases of 28 percent, 60 percent and 94 RYAN, whom I just wandered in here an $846 billion national energy tax that percent, respectively. I do not know and inadvertently walked in front of will hit nearly every American. Moving how we can expect American farmers while he was speaking. So before I into a cap-and-trade system will place to survive when we cut their farm in- start with my speech, I want to apolo- the United States economy at a dis- come by 94 percent. gize to Mr. RYAN for that inappropriate tinct competitive disadvantage because What I find even more frustrating is thing I did. it would place significant additional that the impetus for this legislation is I agree with President Obama when costs on every American business, to reduce carbon emissions, yet it does he said this about spending in May of farmer, manufacturer, and American not recognize the role that agriculture 2008 while on the campaign trail in family. and forestry can play in sequestering North Dakota: President Obama, the This bill will raise electric bills carbon. candidate at that time, said: ‘‘$9 tril- across the country by hindering the de- lion of debt, that’s just bad. That’s not b 1745 velopment of traditional energy fiscally conservative. And so we’re sources while also, ironically, limiting The legislation does not specifically going to have to change our policies. the development of renewable energy. provide for agricultural or forestry off- The first thing you do when you’re in a Coal provides the majority of elec- sets but rather leaves eligible offsets to hole is what?’’ tricity generation in our country, and the discretion of the Environmental And the crowd reacted, ‘‘Stop this bill will effectively stop coal-fired Protection Agency. To add insult to in- digging.’’ power plants from being built in the jury, over 30 pages of this bill are de- Unfortunately, what President United States at a time when one new voted to developing international for- Obama said is not what he has done. In coal-fired electric generating power estry offsets, including provisions to fact, not only did we not stop digging, plant a week is being built in India and send American taxpayer money over- we threw away our shovel and got a China. They will use those coal-fired seas to forest owners in developing backhoe and started digging double power plants to power the growth in countries while disregarding our own time because in 2008, the debt was too their economy, taking jobs away from forest owners. high; but now President Obama has in- the United States and putting the same I urge my colleagues to look at this creased spending so much that we have CO2 gas into the atmosphere that we legislation closely and to soundly re- broken historical records on spending. are passing this legislation to try to ject it. We started off with the stimulus bill stop in this country. It makes no sense. Quite frankly, leaving these offsets at the of $787 billion to stimulate the econ- Nuclear power is the second largest discretion of the EPA makes me nervous. The omy. It was promised that its big goal source of electricity generation and the EPA is not known to have the best working re- was to cap unemployment at 8 percent. largest source of CO2-free energy, and lationship with farmers and ranchers. USDA We weren’t going to go above 8 percent it is effectively ignored by this bill, has a long record of working with farmers and unemployment, and that’s why we had notwithstanding the fact that it will ranchers, and they have the extensive exper- to spend all that money. But, unfortu- reduce CO2 gas emissions by a far tise in agriculture and forestry that will make nately, we are sitting here today with greater measure than any of the other an agricultural offset program successful. This 9.4 percent unemployment and rising. alternatives that are being discussed. legislation needs to be amended to allow the The debt that we have accumulated Also concerning to me is the one- USDA, not the EPA, to be in charge of admin- since the President has come into of- size-fits-all renewable electric stand- istering agricultural offsets. fice has been unbelievable. The $8.5 ard. This legislation assumes that all This legislation has far reaching con- trillion in 2009 will grow to $16 trillion States have the exact same amount of sequences for every person, farmer, and busi- in 2019. In only 5 months, President renewable resources and can develop ness in the country. We cannot ignore that Obama and the Democratic majority them and penalizes States when they America’s economy is intrinsically linked to the have managed to spend and borrow cannot. availability and affordability of energy. During more public debt than in the entire his- Furthermore, the legislation ex- this economic slow-down we should be adopt- tory of the United States. That’s the cludes far too many people who should ing policies that seek to rebuild our economy past 233 years. So in less than 150 days, be able to participate in the renewable and create more jobs; we need reliable and they have obligated this country in energy market. I know I speak for affordable energy supplies. Unfortunately, cap debt more than the past 233 years. members on both sides of our com- and trade legislation would only further cripple A couple of weeks ago, I was on the mittee when I say that the biomass our economy. Instead of government man- floor of the House talking about the definition in this bill is inadequate. dates and bureaucracy we should focus on proposed bailout of the automobile in- Woody biomass is a clean, sustainable policies that support technological advances dustry, which I still contend is an un- form of energy that deserves encour- and consumer choices. The bottom line is that constitutional takeover of private in- agement from the Federal Government, we need policies which encourage investment dustry, based upon the Youngstown

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The administration has reck- don’t, we have minds that we should it’s certainly not going to be the dev- lessly used the taxpayers’ money to ba- use and it’s human nature to discover astating thing that some people on the sically put the administration in and inquire and find out the facts. other side of the aisle claim that it is. charge of General Motors, Chrysler, A vision that says that, yes, we are The fact is tonight I just want to talk AIG, Citibank, and the list goes on and entrusted with this Earth and we, as to people who know that global warm- on and on. human beings, are responsible for it ing and the acidification of our oceans I don’t think the change the Amer- and that where we have gone astray, is a very dangerous and serious prob- ican people were looking for when we we should try to correct the situation lem for all the world and want to do heard that change was coming was the for the sake of our children and all life something about it for a change, want change where the government took on the planet. to do something serious about it and over the micro-management of indus- A progressive vision where we come are not willing to just let this Earth try. I really don’t believe that was the together every week and talk about continue to heat up and the oceans change Americans were looking for, things like civil rights, equal oppor- continue to acidify and the species con- and yet that’s the change we got. tunity in the economy; where we talk tinue to die out and the ice in the Even worse, when these people who about the struggle to end global warm- northern and southern regions of our see where the government is going, ing, or at least try to slow it down; world continue to melt. where the Democrats are taking this where we come and talk about progres- People who want to do something country, they say, We’ll give our sive issues like peace, like demili- about it, we have a bill that’s been money back. We don’t need your bail- tarizing our society, like promoting marked up and it has been reported out out money. We want to give it back to dialogue, diplomacy, and development, of the Energy and Commerce Com- you. And they are having trouble try- by trying to resolve war through dia- mittee. We need to hear from you on ing to give it back. The Obama admin- logue and not through conflict and this bill. istration won’t take it. fighting. These are the themes that we The fact is that right now we have So with all this accumulated debt come together with the Progressive been in Congress focusing on the health and with all this spending that we have Message every week. care bill. We have been focusing on done, between now and probably the This is the Progressive Caucus that marking up other important pieces of end of July, we are going to take up ba- brings this message. And we have a legislation. And I personally am not sically a government health care plan Web site, cpc.grijalva.house.gov. It’s confident that we are focused enough which is going to include another $1 very important to stay in touch with on this energy bill. We’re not focused trillion in entitlement health care this critical Web site because it is this enough on the cap-and-trade bill that’s spending at a time when all experts Web site that we rely on to commu- coming out. So we want to encourage agree that Medicare, as we have it nicate with the community around the people to respond and offer their views. right now, has real problems and is country. And I want to say this: those of you going to eventually go broke because Tonight with the Progressive Mes- who yearn for change, who know that there are a whole lot more people tak- sage, we are going to come and talk carbon emissions are killing our plan- ing out of the program than are paying about our Nation’s energy future. et, I hope that you understand that into the program and it only gets America has to embrace this idea that your engagement in this process is worse as the baby boomers grow. So we carbon emissions must be cut and must very important. We need people to give are going to add to that $1 trillion and, be cut drastically. It won’t due just to us the feedback we need because there don’t worry, we’ll figure it out. And, of act like there’s no such thing as global has been a bill reported out. It’s not course, we just heard about the energy warming and deny the science that the law yet. It hasn’t even been tax that’s coming our way. proves that not only does it exist but brought to the floor yet. But it is being You know the real money that we it’s caused by human behavior. We are shaped and crafted every day. And ought to be worrying about? It’s not here tonight to say it doesn’t make without the active engagement of good these folks we are bailing out. Who we sense to say that, look, we can’t do ideas coming forth, we will not get the ought to be worried about are those anything about global warming be- bill that we need. guys who have lost their jobs. That’s cause it might in some way hurt our I want to give a lot of credit to the the money we ought to be worried reliance on coal because some people Members of Congress who have worked about, and that’s what the folks back make a lot of money selling coal. hard on the bill. Congressman WAXMAN home are worried about. If coal and the use of coal is out of and Congressman MARKEY have been f step with the needs of our environ- doing a good job. But I dare say that ment, then we have to find alternative the legislative process is engaged, in- THE PROGRESSIVE CAUCUS sources of energy in order to make it. volved, and that everybody has to have MESSAGE: ENERGY If nuclear energy cannot be safely used a say-so in this thing. And those two The SPEAKER pro tempore. Under and there’s no way to store it, we leaders in the area of carbon emissions the Speaker’s announced policy of Jan- should look for other ways and have not denied that. In fact, they have uary 6, 2009, the gentleman from Min- incentivize other ways in order to welcomed it. nesota (Mr. ELLISON) is recognized for make energy. I just want to give a background on 60 minutes as the designee of the ma- The fact is by whipping out fear, the bill that exists so far. It’s called jority leader. hysteria around cap-and-trade and the American Clean Energy and Secu- Mr. ELLISON. Mr. Speaker, this is coming up with clever slogans, which I rity Act, and it’s referred to ACES. the Progressive Message. The Progres- am not even going to repeat or dignify, And this bill was reported out of the sive Message is the Progressive Caucus’ the fact is that we are simply delaying Energy and Commerce Committee on effort to come before the American the inevitable, which is the gradual May 21, 2009, and it passed by a vote of people at least once a week for 60 min- acidification of our oceans; the accel- 33 to 25. That’s not a big margin. The utes or so to talk about a progressive eration of melting of our Arctic ice legislation will create millions of new vision for America. Not a vision based caps; of expansion of desert; of loss of clean energy jobs, in my opinion and on fear, not a vision based on a denial species, of animals, and plants; of in- based on the facts, and it will enhance of science, not a vision based on divi- tensification of hurricanes and all America’s energy independence and sion, not a vision based on these very serious problems. The sci- protect the environment. scapegoating some minority group. But entists all agree. Only people who don’t Another thing that the bill will do is instead a vision that is inclusive, that want to listen to science don’t agree, it will signal to the world community says we all matter and we all count. A and, yes, we have some of them here. that America is serious about cutting vision that says science is something The fact is addressing carbon emis- carbon emissions. America is leading we should rely on and have some faith sions, addressing global warming, is the way in the world to cut carbon in and some real confidence in because not going to hurt our economy. It’s emissions. And, therefore, countries we understand that whether you come going to actually bring jobs. It’s not like India and China and other nations from a faith tradition or whether you going to hurt our farm economy. And of the world that are big emitters, and

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.104 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6601 we’re the number one emitter, but dation to build on, we are continuing and telling them what we want. So I there are others that emit a lot of car- to push for greater expansion in the ask you to do that. It’s very important bon as well, they now have to bring creation of clean, renewable energy that we engage in this conversation. their economy in line with the needs of sources like wind and solar. We are It’s ongoing now. our planet. continuing to push for the increased I’ll get to more questions in a moment, but let me just speak a little bit b 1800 regulation of industries that pollute at taxpayer expense, and we are con- about what some of the key provisions This bill does represent a new begin- tinuing to put America back to work of the bill will be. We’ve talked about ning for America’s energy environ- by creating green-collar jobs that can- one of the provisions that people are mental future. By saying so, I don’t not be outsourced. concerned about. mean to imply that it’s a perfect bill or The general Progressive principles Key provisions of the bill include re- that it can’t stand improvement—I’m for energy legislation are going to be quiring electric utilities to meet 20 asking you to help improve it right that we need a sharp departure from percent of their electricity demand now—but it does represent a real stark the past, that we need to move quickly through renewable energy sources and departure from the past. to secure greater progress, that we energy efficiency by 2020. Now, that is The bill requires electric utilities to need to protect individuals as well as one of the provisions of the bill, and I meet 20 percent of their electricity de- communities, and it has got to be thought I would make that point be- mand through renewable energy based on science and not on politics. fore I got to the next question, and sources and energy efficiency by the Now, I just want to say again that 1,871 people asked this question: year 2020. It reduces carbon emissions these are some of the basic ideas of Why is Congress refusing to support from major U.S. sources by 17 percent what the bill will do. I’m going to talk Obama in his call to get 25 percent of by 2020. It reduces carbon emissions by about some of the mechanics of the bill our electricity from renewables? 80 percent by 2050 compared to 2005 levin a moment, but I want to make it The bill marked up so far is 5 percent els. Complementary measures in the clear that the fact is that what we lower on the renewable energy stand- legislation, such as investments and have had in the past simply will not ard than we need. I think 25 percent is preventing tropical deforestation, will work. We’ve got to have that change. a better number, and I hope that we achieve a significant additional reduc- In order to have that change, we’ve got get it, but without political force be- tion in carbon emissions. to have a lot of public input, and this hind it, we won’t. So call up your Con- The bill invests in new clean-energy is the time to offer it. gressman, and let him know how you technologies and in energy efficiency, I just want to take a few questions as feel about a 25 percent renewable en- including energy efficiency and renew- we move on because a lot of people ergy standard. able energy that is to the tune of $90 have responded to my plea that we I’ll tell you this: Based on the his- billion in new investments by 2025. It should have a fully blown, strong con- tory that we’ve had so far, I’m happy invests $20 billion in electric and other versation around America so that peo- with the 20 percent renewable energy advanced technology vehicles. It in- ple can offer their views on this criti- standard. A 20 percent renewable en- vests $20 billion in basic scientific re- cally important topic. There was a ergy standard is better than the status search and development, and it pro- question asked at quo, but it’s still not good enough, and tects consumers from high energy Progressivecongress.org, and 4,887 peo- it’s not as good as we can do. So I prices. According to estimates of the ple asked this question: think it’s very important that we hear Environmental Protection Agency, the Why is EPA oversight of the coal in- from everybody about the importance reductions in carbon pollution required dustry being gutted? of a 25 percent renewable energy standby the legislation will cost American Well, let me say that the reason ard. It’s very important that we hear families less than the cost of a postal those provisions regarding the EPA from people about why that 5 percent stamp per day. oversight of the coal industry are not higher and more ambitious standard The fact is I don’t come before you strong enough is simply because we would be better than the 20 percent. I today to say that this bill is wrapped haven’t heard from you enough. We think it’s obvious why it would be bet- up in a bow. I come to you, asking you need input on this point. We need you ter than the 20 percent. It’s 5 percent to engage in the process that is going to talk about how you feel about this. higher. Yet what does it give us? What on in Congress right now, to be part of We need oversight on everything, but does it bring us? What kind of assets this debate, to be part of this dialogue, we need your input on what we should and benefits do we get by pushing for and to offer your views so that we can be doing to have oversight on coal, and that higher renewable energy stand- come up with the best product avail- we need your input on how this bill ard? able. needs to be changed to make sure that At the end of the day, we need to I also come to you to say do not let the coal industry is being properly hear from everybody on this point, and the perfect be the enemy of the good. If monitored. This is a critical thing for we need to hear from you. If we don’t we have a good bill here—and it is pret- you to talk about—I know—and I can hear from you, we’re all going to be ty good—even though it’s not perfect, tell you that coal-fired power plants poorer for it. we want your support, and we want are, in my view, a serious problem. Another key provision of the bill is your ideas, but it’s time to engage and I think it’s a basic minimum that that it invests in new, clean-energy to focus on this energy bill. It’s com- they have the technology necessary to technologies in energy efficiency, in- ing. It’s marked up in committee. It’s clean them up as much as possible. The cluding energy efficiency in renewable in the Ag Committee now, and it’s fact is, even with the best technology energy, carbon capture sequestration, going to need American participation we have so far, we still have coal re- electric, other advanced technology ve- and input. leasing particulate matter into the hicles, and in basic scientific research. I want to let our fellow Americans air—lead, barium, cadmium, mercury In this category of investment, we’re know, who are committed to cleaning emissions, and serious things like talking about a significant investment. up our environment and to decreasing that—and into our water that make We’re talking about over $190 million. our dependence on harmful fossil fuels, our fish polluted and inedible. This is a lot of money. The fact is, be- that the Progressive Caucus is proud of We’ve got to have oversight on coal, cause the proceeds will be from the the progress that the legislation has and I am here tonight to ask you to get cap-and-trade system, this bill is made so far. We don’t believe that it’s engaged in this debate, to get involved PAYGO neutral. It’s very important to done—it’s not close—but we’re proud of in this conversation and to put your bear that in mind as well. The bill will the progress that has been made. We ideas up here. Why is the EPA over- mandate new energy-saving standards want everyone to know it’s not fin- sight of the coal industry being gutted? for buildings, appliances and industry. ished and that your input is needed. You know what? It’s because we’re not Addressing this issue of buildings is There is much work to be done. engaging in this debate and are not very important. A lot of people know, While we consider this particular leg- shaping this debate. It’s because we’re and more people need to know, that a islation as a good start and as a foun- not calling our Members of Congress tremendous amount of energy is lost

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.105 H11JNPT1 jbell on PROD1PC69 with HOUSE H6602 CONGRESSIONAL RECORD — HOUSE June 11, 2009 through the roofs of our buildings. We cent. In 2020, 15 percent of the elec- to reduce emissions—and this bill tries need stronger building standards, and tricity load in each State must be met to do that. Does it do it enough? Prob- we need more energy-saving tech- with renewable electricity and 5 per- ably not. But guess what? We need nology and incentives to get us there cent with electricity savings. Upon re- your input and your advice. with this legislation. If you believe ceiving a petition from the Governor, The bill also has three primary pro- they’re not sufficient, we need to hear the renewable requirement can be re- grams for reducing dangerous carbon from you right now. There was a ques- duced to 12 percent, and the electricity emissions that cause global warming: tion asked: savings can be increased to 8 percent. One, a cap on large domestic sources; Are initiatives for future government It is important to keep this in mind. two, a program to reduce tropical de- buildings to be built green? If not, why This is sort of an essential part of this forestation; and three, an offset pro- not? bill, the renewable energy standard gram. The answer is we do have initiatives that we’ve set forth. Can it be better? Let me talk a little bit about the car- for future government buildings to be Yes, I think it can, but we need to hear bon-capping emissions from large built green. We also have other bills from you to make it better. As I said, sources. separate from this bill in Congress to this bill is being marked up and is Starting in 2012, ACES establishes an incentivize the building of green going through committee as we speak, annual tonnage limit on emissions of homes, particularly in HUD homes. and it will likely be on the floor before carbon and other global warming pol- There is a bill winding its way through you know it, so please don’t miss your lutants from large U.S. sources like Congress now, and the author of that is opportunity to be a part of this con- electric, utilities, and oil refineries. ED PERLMUTTER from Colorado. I’m an versation. It can’t just be a Beltway Under these limits, carbon pollution author on that bill, and I’m happy to conversation. It has to be a conversa- from large sources must be reduced by be. So that bill, called the GREEN Act, tion that engages Americans from Min- 17 percent below 2005 levels by 2020; 83 percent below 2005 levels by 2050. This is a very good bill. nesota—my own State—from Cali- is an aggressive carbon-capping pro- Another important part of the bill is fornia, Oklahoma, Texas, and from all gram, and I am proud that we’ve come to reduce carbon emissions from major over. We’ve got to hear from America. this far. I think we can do better, but U.S. sources by 17 percent by 2020 and We’ve got to hear from America’s pro- this is, I think, progress. If it’s not by over 80 percent by 2050 compared to gressive community on these issues. enough progress, I think we need to 2005 levels. Complementary measures Let me also talk about the impor- hear from you. in this legislation, such as investments tance of this bill. We talked about the in preventing tropical deforestation, So these are just a few of the features investments in clean energy, and we of the bill. The bill is being marked up. will achieve significant additional re- talked about the money allocated for ductions. You can see it online. And we hope that. I did not mention yet that this that people will continue to offer their Now, again, this is another impor- bill will promote the deployment of tant piece of the puzzle. The United views on what we should do. smart-grid technology, and it will en- Let me go to another question. So States needs to do its part. I hear hance transmission planning. This is 3,455 people asked this question on many friends—well, people from the an important part of the bill. This progressivecongress, that’s 3,455 on other side of the aisle—always say: smart-grid technology and the pro- progressivecongress.org. What is being Well, what about China and India? motion of the use of it will help cut done to decrease our dependence on oil, What about Europe? What about other carbon emissions. It will help in having such as wind, solar, and other clean en- places? The fact is, if America sets a a more reliable grid, and it will im- ergies? marker down there that we are going prove our energy usage, which is an im- Well, that’s what the bill is supposed to cut our carbon emissions, that sends portant part of our bill. to do: decrease our dependence on oil a powerful signal; it enhances our abil- I mentioned energy-efficiency meas- and allow us to generate energy from ity to talk to our neighbors around the ures, which include building standards. wind, solar, and other clean energies. world and say they’ve got to cut theirs, As to one of the questions we already That’s really the point of the bill, too. had, which was regarding our initia- through the renewable energy stand- So I am very proud that America is tives for future government buildings ard, by capping carbon forces, by pro- leading and is trying to be out there in to be built green, and if not, why not, moting efficiency and also conserva- front and is doing the right thing and the ACES bill establishes new stand- tion. That’s what we’re actually trying is not simply saying, We’re not going ards for building efficiency, requiring to do here. to change our carbon emissions until new buildings to be 30 percent more ef- The fact is there are a number of other countries change theirs. To me, ficient by 2012 and 50 percent more effi- critics of the existing bill, and I want that’s not the American attitude. The cient by 2016. States are offered allow- to address a few of them before I go on United States needs to take responsi- ances that they can sell to support the to some more questions. bility and help lead the way. So it’s adoption and enforcement of the new One of the critiques we’ve heard, par- very important, and I’m very happy standards. The Department of Energy ticularly from other folks on the other that the United States is taking its must enforce standards in States that side of the aisle, is that a cap-and-trade own responsibility to reduce carbon do not incorporate building standards bill is an energy tax. First, the plan is emissions by U.S. sources by 17 per- into their State building codes. to repower America with clean energy cent. Also, we have appliance standards. jobs and efficient savings, not just drop Let me talk about the renewable en- ACES mandates new efficiency stand- a tax. As for capping global warming ergy standard in the bill. The Amer- ards in lighting products, in commer- pollution, this plan is simple. It helps ican Clean Energy and Security Act, cial furnaces and in other appliances. polluters pay and helps clean compa- ACES, as I said before, requires retail We have vehicle standards. The ACES nies prosper so they can hire more electric suppliers to meet a growing discussion draft has included provi- workers. percentage of their load with elec- sions to harmonize Federal fuel econ- When the folks on the other side of tricity generated from renewable omy standards with EPA carbon emis- the aisle say that this bill will be a job sources. The combined renewable elec- sion standards and California standards killer, my only question to them is, tricity and electricity savings require- for light-duty vehicles. These provi- Don’t you believe in the ingenuity of ment begins at 6 percent in 2012. That’s sions were dropped in the reported bill the American people? You know, they coming up. It gradually rises to 20 per- after the administration reached an said when we had auto efficiency stand- cent in 2020. At least three-quarters, 75 agreement on light-duty fuel economy ards that it would somehow kill jobs. percent, of the requirement must be standards with automakers in Cali- Well, it didn’t. They said that when we met by renewable energy except that, fornia. began to stop acid rain and use cap- upon receiving a petition from the Gov- and-trade for that purpose, that that ernor, the Federal Energy Regulatory b 1815 would cause job losses. It didn’t. The Commission can reduce the renewable That’s not all. There are other fuel- fact is is that innovation and inge- requirement to three-fifths, or 60 per- efficiency standards. We not only have nuity—when brainpower will solve this

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.107 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6603 problem—and I think we should have a signed to scare some people, because What can we do to make it easier for little faith in Americans to solve this the only solutions we’ve seen while the homeowners to become self-sufficient problem. House was controlled by Republicans is with wind or solar power? We could And as I said a moment ago, it’s the tax breaks for oil companies who post- support the provisions that are in the same solution we put successfully with ed record profits, massive increases in ACES bill, which address heavy pol- acid rain in 1990 after which time elec- greenhouse gas emissions, and erratic luters, give American entrepreneurs tricity rates fell 10 percent and the spikes in gas and energy prices. and innovators the tools they need to U.S. economy added 16 million new We know that gas prices have been stay competitive, which increase pro- jobs. going up over the last several months, duction of cleaner renewable energy They’re thinking inside the box and but don’t you remember only a short sources, which reduces our dependence don’t understand that we’ve got people while ago they were astronomical last on fossil fuels and creates millions of who are thinking of new boxes to summer, 4 bucks, stuff like that? Well, new jobs. And we can follow the new make. It’s important to point out that they’re creeping up. building standards and we can follow the acid rain solution had bipartisan If we go green and really address the the new vehicle standards. greenhouse gas emissions, what will support and was signed by the first Why can’t we create better tax incen- happen is we will see a flattening of President Bush. Well, those days of bi- tives for business and consumers to use these kind of spikes in our energy partisanship I guess we would like to alternative energy? Well, 4,118 people prices. We will derive savings, and we see come back a little bit more. asked this question, and I quite agree. will have alternative forms of energy Another attack on the bill is won’t We need to take a close look at the in- and greater control over oil prices. this ‘‘energy tax’’ raise electricity centives for businesses and consumers rates. Even Obama said cap-and-trade Marginal increases in renewable energy development. While the rest of the to use alternative energy, and I think will make energy prices ‘‘skyrocket.’’ that we can do better than we’re doing Saving consumers money is not a world engages and passes us on, we haven’t seen real increases in renew- right now. And I invite you to engage tax. Saving businesses money is not a in that conversation. Essentially, the tax. Sending $400 billion dollars a year able energy development, just tiny little incremental ones, and a greater de- answer is the politics of the situation to other countries is a tax, and the fact have landed us where we are now, and is, it’s a tax that Americans are tired pendence on foreign oil. The fact is is that since 1973, Amer- if you want better, you have got to get of paying. involved in the debate. This plan, this ACES bill, even in its ica’s dependence upon oil from outside Hawaii is looking for 100 percent unfinished form, declares energy inde- of America has skyrocketed, has abso- clean energy in 10 years. Can every pendence and puts America on the path lutely skyrocketed. And this period, State be urged to push the limits? That to middle class recovery. The President much of which was between 1994 right question was asked by 728 people on spoke of transitioning to a clean-en- on up to 2006, the House was controlled progressivecongress. The fact is the ergy economy that will create jobs, by Republicans, and for much of that time they had the House, the Senate, States, much power in the States, make homes, buildings and vehicles and the Presidency and did nothing great incentives in the States. Each more efficient, and protect consumers. about this problem; it just got worse. State, all 50 of them, can get out there In his inaugural address, remember he Now we are going to do something and set tough, renewable energy stand- said we will harness the sun and the about it. ards so that each State can do well. winds and the soil to fuel our cars and So tonight, we’ve spent some time And let me tell you, a State can be a our factories, and I’m glad he’s doing talking about energy. The message to- laboratory for the Nation. If States get that. night is twofold. One is that the Amer- out there and show that it can be done, Let me offer just a few numbers in ican Clean Energy Security Act is that we really can have 100 percent terms of jobs. Clean-energy job provi- being developed now. It’s a sharp break clean energy in 10 years—like they will sions, the RES, or Renewable Elec- from the past. It’s better than what we try to do in Hawaii—and say, Look, we tricity Standard, will create over have now. It improves the status quo. did it. You can do it. Here’s how we did 300,000 new jobs. The efficiency saving But Progressive voices have never been it. We can make it happen. measures, which is the Energy Effi- satisfied with just doing marginally ciency Resource Standard, will create So hats off to Hawaii for their ambi- better. Progressive voices have always tious goal. If you live in a State where over 222,000 jobs by the year 2020. Cut- said we’ve got to do way better, we’ve ting waste, saving money. The Clean you think renewable energy standards got to do as well as we can do, not just like this can be reached, we urge you Energy Jobs provisions, RES standard as well as what we might be able to alone, will result in nearly a hundred to get out there and try to make it scrape by with. So I invite people who happen. billion dollars in savings for consumers have a vision for a clean energy future and businesses, which we can put in Why are we expanding highways to step forward with their proposals. when rail transportation would provide other things, which we can invest in The other point is that is not just greener alternatives to commuters? I other ways. And the efficiency meas- limited to the bill. It’s focused on the quite agree, and 2,799 people asked this ures alone will result in $170 billion in idea that this is an opportunity for question on progressivecongress. We utility savings by 2020. basic civic engagement and real Demo- appreciate you putting that question It’s very important to understand cratic participation in our society. As in. that the fear and the scare tactics— we are now having multiple debates people who don’t want to take us into not only on health care but also on for- As a person who’s really into light- the future are always going to try to eign assistance reforms, the State De- rail transit, bike paths—we’re having say what’s going to cost money, this is partment—as we’re talking about ap- this debate right now as we’re talking going to go wrong, that’s going to go propriation bills, which are probably about the transportation reauthoriza- wrong. That’s the very essence of a going to keep us really busy over the tion bill. This is a bill that’s only reau- conservative position. They don’t want next 3 days, the fact is we will be ad- thorized every 6 years, and I think peo- to try anything new. They would rath- dressing this ACES bill as well, and we ple should have community forums on er stay in the status quo than go for- cannot allow the advocates for a clean this bill all over America. It’s not just ward into a better future. But the Pro- energy, green energy future to not be a the ACES bill that can help us get into gressive vision for our country is not part of this critical conversation. a greener future, but also the transpor- that. The Progressive vision is to deal So let me just go through a few more tation bill and other bills that are com- head-on with this problem, face the questions, and then we’ll begin to wrap ing up can help us get there. problems head-on and create a better up for tonight. It’s Thursday night and This question, Why are we expanding situation for all Americans. we’re going to move on out, but let me highways when rail transportation will Let me just say that this bill, which just make sure that everybody who provide greener alternatives to the has been criticized by folks on the wrote in and addressed our Web site, as commuters? Great question. I agree other side of the aisle, really is, in we asked them to do, gets their ques- that this is what we should be doing. I many ways, a bill that, of course, is de- tion answered. think that highways have been

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.108 H11JNPT1 jbell on PROD1PC69 with HOUSE H6604 CONGRESSIONAL RECORD — HOUSE June 11, 2009 incentivized and given unfair advan- States could enjoy would be realized, care is to determine whether you live tage over rail transit, and I would like and that also individual costs for all or die, to make sure that, especially if to see them compete on equal footing. American families are lowered. you are facing health care challenges So let me say, don’t be afraid of the We want to increase the number of of the most severe degree, you have the future. The future is coming anyway. Americans who have health insurance greatest chance for you or a member of Those who stand up and say, Well, we to make sure that more and more fami- your family to survive. This is most can’t have a bill that’s going to help lies have the peace of mind that they clear in the case of cancer. America get off fossil fuels and cut need to protect their family incomes, When you or I or a member of our greenhouse gas emissions because it’s their health, and most importantly, family gets that terrible diagnosis nothing but a tax, understand that the their lives. from a doctor that you will be fighting folks who told you about tax-and-spend We want to allow Americans to keep cancer, the question is often asked, liberals and all of that—look, we’ve the insurance they like because we How much time do I have? Will I be only had a President and a Democratic know that over 80 percent of Ameri- able to survive? When we look at The Congress for a few months. This stuff cans—and especially voters—report Lancet, Britain’s number one medical wasn’t inherited. You want to talk that they are either satisfied or ex- journal, they did a ground-breaking about spenders and debt accumulators? tremely satisfied with the health insur- study of cancer survival rates across Those guys sit on the other side of this ance plan they have. Europe, Canada, and the United States Chamber. And we want to make sure that we and found that you are more likely to replicate the doctor’s principle, that b 1830 survive in the United States than you first we should do no harm. And in the are in especially European countries. The fact is, the progressive future Congress, on health care policy, we They looked at a number of different this country needs is in the hands of should follow that advice. cancers. For example, prostate cancer: the people who are going to help Amer- Fifth, we would like to improve qual- a 78 percent survival rate in Europe— ica get into a green, clean future. ity and accountability and make sure which is fairly good—but a 99 percent This bill, this ACES bill that is being that especially the cost of defensive survival rate if found in the United marked up right now, that has already medicine is reduced and that we know States. Bladder cancer: only 66 percent gone through Energy and Commerce, exactly what we are doing with regard of Europeans survive bladder cancer, 81 that is in the Agriculture Committee to health care outcomes to make sure percent of Americans. Breast cancer: 79 now. This bill is undone and needs the that we are maximizing the treatment percent of Europeans will survive input of all America, people who have a and cures provided when a patient pre- breast cancer, but 90 percent of Ameri- progressive vision for America, people sents in a health care facility. cans. And uterine cancer: 78 percent of who aren’t afraid of the future, not We want to increase personal respon- Europeans will survive, but 82 percent people who cling to the status quo and sibility, especially for many of the de- of Americans. what happened yesterday, but people cisions Americans are making because who want something better for tomor- we know that if they lose weight, quit Why is it that Americans are doing row and are willing and have the cour- smoking, and stop drinking, their so much better against cancer than Eu- age to try to get it. health care will improve dramatically. ropeans? Part of it is because in Can- That’s the Progressive Message for And, finally, we want to lower de- ada and Europe advanced oncology tonight. I want to thank everybody for mand for more Federal borrowing at a medicines to fight cancer are re- tuning in. time when the United States is already stricted; and especially imagery to find Mr. Speaker, I yield back. reporting that it will borrow $1.8 tril- cancer, either through x rays, MRIs or CAT scans, are much more available in f lion this year. It is difficult to argue that we should turn every family’s the United States to find cancer, espe- HEALTHCARE REFORM health care over to the Federal Govern- cially at its earlier stage, which means The SPEAKER pro tempore (Mr. ment, an institution which is already, that Americans, bottom line, have a MINNICK). Under the Speaker’s an- as the President says, ‘‘out of money.’’ greater chance of surviving cancer nounced policy of January 6, 2009, the When we look at health care across than Europeans. gentleman from Illinois (Mr. KIRK) is the world, we see that the percentage When we look at 5-year survival recognized for 60 minutes as the des- of patients who wait more than 2 rates, overall the picture is also stark. ignee of the minority leader. months to see a specialist is not a dra- Women fighting cancer have a 63 per- Mr. KIRK. Mr. Speaker, tonight, matic issue in the United States, but cent chance of surviving if they are what we would like to talk about is a this is front-page news in both Canada treated in the United States. That sur- new and positive medical reform agen- and the United Kingdom. According to vival rate drops to just 56 percent in da as Congress prepares to debate the Commonwealth Fund International Europe. For men, the difference is even health care in the United States. Health Policy Survey of Sicker Adults, starker. Sixty-six percent of American I want to focus this discussion on they report that about 10 percent of men will survive a cancer diagnosis, what we should be for—a bipartisan Americans wait more than 2 months to only 47 percent of European men. and centrist agenda for the United see a specialist, but one-third of Brit- Bottom line, once again we see, States—and compare our country to ons do, and approaching half of Cana- across both men and women, you are plans in other countries to make sure dians wait a long time for health care. much more likely to survive cancer in that we take the best of all medical We know that health care delayed is the United States than in European care around the world but don’t rep- health care denied. And imagine—espe- countries. And much of the reason why licate some of the problems that we see cially if the specialist that you need is is because in countries in which the both here and abroad. an oncologist, someone who treats can- government controls more of the When we look at a comprehensive re- cer—what a 42-week wait would be as health care sector, they restrict access form agenda that would receive wide- compared to what we see in the United to oncology medicine and to imagery. spread support both in the House of States. That means that cancer is found later Representatives and the Senate, we ba- Secondly, we know from asking and is fought with less aggressive sically unify around eight major Americans, What is the most impor- drugs, meaning that Europeans will die themes. tant thing you would like to see in at a higher rate than Americans. First, we want to make sure that we health care?, they say lowering the When we look at high-tech medical guarantee that medical decisions are cost of their health insurance. Many in procedures in Britain, Canada, and the kept in the hands of patients and their this body also say the number one pri- United States, many people would say doctors and not a new government bu- ority is to expand health care coverage that health care costs are derived by reaucracy. so that Americans who do not have too much access to high-tech medical Second, we want to lower the cost of health insurance can get it. I would say care. But what we see here is that sur- insurance to make sure that the com- those two goals are very important, vival rates are higher in the United petitive advantage that the United but the most important goal of health States, meaning high-tech is good. And

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.109 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6605 the chance of your family member sur- a health care crisis, we particularly you raise taxes. And the other one they viving improves when you have access have a crisis in cost. And they under- say, health care is expensive, let’s deal to oncology medicine and MRIs. stand, too, that depending on how we with insurance issues, perhaps some We see the differences between Brit- engage in health care reform could im- tax credits, which means it’s still taxes ain, Canada, and the United States pact the care they receive. that pay for it. And I understand in most clearly here where Britain, who Americans are concerned about med- both cases we are trying to lower has had the longest record of socialized ical breakthroughs, innovation, and health care cost, but neither one really government-controlled medicine, has quality. They’re also concerned about gets to the root of that, and that is, very low rates of providing dialysis the ability to get the care they need dealing with some of the issues that care as opposed to the United States. when they need it because they under- have to do with improving the quality In coronary bypass, we see even Cana- stand that if care is delayed, care is de- of health care to make it more afford- dian rates are much lower. And espe- nied. able and accessible. So I would like to cially in coronary angioplasty, the And you pointed out some inter- focus a little bit on some comments to- United States far outdistances coun- esting cancer survivability statistics night that specifically address this tries with socialized medicine, leading from Canada. Interestingly enough, an issue of how we lower health care to higher survival rates and better out- anecdote: there is a member of Par- costs. comes for Americans over patients who liament in Canada, I believe she was a As part of the plan that Congressman face socialized medicine. member of the Liberal Party. She is a KIRK and Congressman DENT have led When we look at quality outcomes, great proponent of the Canadian health here for our group in coming up with this is another study showing the care system. And what happened is some cost savings in health care, one of amount of time that you have to wait that she contracted breast cancer, and them has to do with trying to make to see a specialist doctor. In this Com- for whatever reason, she decided she sure we are providing health care to monwealth study, they rated the per- needed her care in the United States. It those who are not able to afford it. We centage of people that had to wait created quite a controversy in Canada know that currently the government more than 4 weeks to see a specialist because it really spoke to the issue in provides assistance for those who have doctor. This is not a critical issue in Canada, which was that the Canadian a low income through Medicaid, for the the United States, but once again, system was good enough for all the Ca- elderly through Medicare, for veterans front page news in the U.K. where we nadians, but not for this particular through the VA; but for those just see the rate of patients that have to member of Parliament. And it spoke to above the level of Medicaid income, that’s the group that we are really wait and, therefore, are denied care is the issue of two tiers of system, one for deeply concerned about because we three times the rate of the U.S. rate in those who are in Canada, and those want to make sure they get the care Canada and in the United Kingdom as who, when they can’t get the care that they need. opposed to the U.S. And only Germany they need when they need it, they sim- has a level somewhat equaling the U.S. ply go south—because much of the Ca- b 1845 record of getting you to see the spe- nadian population lives within 50 miles One thing that’s also important then cialist you need when you need to see of the American border. So the second is to make sure they have a health care it without a wait. tier of Canadian health care can be pro- home. Those who have a doctor or a This is another chart which shows vided across the border, and people pay specialist they can go to when they patients having very long waits. We see top dollar. have an illness are much more likely to that in the United States, only 8 per- So I think that’s something that we have that illness treated in a timely cent of Americans have to wait more have to talk about quite a bit as we en- manner to provide a cure for them. than 4 months to see a key specialist, gage in this discussion: that we under- Care delayed, care denied. When we but 41 percent of people in Britain. stand that care delayed is care denied, look at how Medicaid and Medicare op- Imagine getting a diagnosis of cancer, that people understand that the costs erate, that it really sometimes takes knowing that it is in your body, and are rising, and that we have to come up an act of Congress to get something being told that you had to wait more with solutions. done, that’s care delayed. Let me give than 4 months before you could even I am going to be, at some point to- you a couple of examples about how see the specialist that you need to sur- night, talking about medical liability there are problems with that. Let’s say vive. This is why we are quite worried reform, why we need that. And that is you have a stroke and an ambulance about the restrictions that would be a major cost driver. Defensive medicine takes you to a suburban hospital. caused and denial of care in a social- costs have gone up significantly be- Sometimes those hospitals do not have ized system. cause of the tort system in the United a neurologist. Many times they don’t Remember also that since the U.S. States. We understand that there is have a neurologist on staff 24/7 or a ra- Government is $1.8 trillion in debt just just too much money being spent in diologist. So what happens? Wouldn’t this year, if you give control of your the courtroom and not in the operating it be great—imagine a world whereby a health care to the government and the room. I think we all understand that. neurologist, through telemedicine, for government is already out of money, We are also joined tonight by our example, could connect up with the pa- how will it try to save money to rectify friend and colleague from western tient, looking at them on a video cam- the deficit? If it’s in control of your Pennsylvania, TIM MURPHY, Dr. MUR- era, the patient seeing the doctor. That health care, it may do what the Cana- PHY, who has a background in psy- doctor could be half a country away or dians and Britons do, which is control chology, and also has a great deal of in- could be 20 miles away, whatever it your access to care. terest on this issue. may be, doing the exam with the as- I am very happy to be joined by my At this time, I would be happy to sistance of a nurse on site. Look at the co-Chair of The Tuesday Group, Con- yield to my friend and colleague from signs, look at the way the patient re- gressman DENT from Pennsylvania, western Pennsylvania. sponds, and be able to diagnose and who has been a leader on health care Mr. TIM MURPHY of Pennsylvania. I offer, does that patient get one type of and has engaged in a number of these thank my friend from Pennsylvania treatment, which is if there are international comparisons. and also thank Congressman KIRK of Il- blocked arteries in the brain leading to Mr. DENT. Thank you, Congressman linois for putting together this impor- the stroke, or another type of treat- KIRK, for your leadership on health tant session tonight to talk about ment which might be hemorrhagic, care. As you know, we have been work- health care. that is, a burst artery. Each one criti- ing diligently to come up with some al- One of the concerns that comes up re- cally different life-saving treatments. ternative ideas. And the chart that you peatedly when you talk about health It could mean the difference between have just identified in terms of cancer care is the cost. And one of the things the patient who lives and dies. Also it survivability rates as well as health that happens, as Washington deals with could make a difference between the care costs, I think really drives home it, is two approaches: one, they say patient who has years and years of the point that Americans all across health care is expensive, let’s have the physical therapy, occupational ther- this country understand: that we have government pay for it, which means apy, and speech therapy or one who has

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.111 H11JNPT1 jbell on PROD1PC69 with HOUSE H6606 CONGRESSIONAL RECORD — HOUSE June 11, 2009 a shorter recovery time. Because when President, on a bipartisan basis I Claims Act, they would be relieved you have a stroke, time is brain. That think, will have a lot of common from those types of lawsuits. Because would make sense if we imagined that, ground in working and encouraging a we’ve had situations across this coun- but Medicare doesn’t cover that. In- reduction in weight by Americans be- try where trauma rooms have been stead, it’s going to take an act in Con- cause this will lower health care costs. forced to close down. It’s dramatic. We gress—I know our friend and colleague One of our key experts on how lawsuits also had a situation where we met an Lois Capps from California has been drive health care costs up is our col- obstetrician recently from one of the pushing a bill for a while to allow league from Pennsylvania as well, Con- hospitals in the city of Philadelphia Medicare to do that. This is not a new gressman DENT. who actually said, The only reason why idea, but we have to take an act of Mr. DENT. I thank the gentleman for we deliver babies is to train our stu- Congress to do this. Or how about yielding. In Pennsylvania, of course, dents. We lose money. There are many this—if you are going to get something we have been in a crisis state for some doctors who choose not to deliver ba- called home infusion therapy to pro- time with respect to medical liability. bies these days because of liability. vide an IV line, to provide some med- In fact, my colleague Tim Murphy re- And in Philadelphia I know one hos- ical treatments to you, you could do members the great debates we had in pital, I think it was Methodist Hos- that at home, in many cases, with in- Pennsylvania about the need for joint pital, stopped delivering babies. One of surance companies, but not necessarily and several liability reform, to make the teaching institutions only delivers with Medicare and Medicaid because sure that the award would be basically just so that they can train their resi- they want you to go to hospital where proportional to the degree of fault. We dents. They lose money, and it’s very you have to go all the way to the hos- felt that that was something that was costly to them. But they do it as a pital, and your risk for problems could absolutely essential. Caps on non- service and as a way of training physi- increase. It’s also going to take an act economic damages, another area we cians. But that’s a very sad state of af- of Congress to make it so that hos- were greatly in need of reform in Penn- fairs when we can’t deliver babies be- pitals actually have to state what their sylvania. Also the notion of a periodic cause of the high costs. infection and complication rates are. I payment as opposed to one big lump- Mr. KIRK. I think the gentleman’s always find it amazing, you can go on- sum award. One could pay those pay- point is well taken, especially in com- line and you can find out, if you are ments out over a period of time. Some- paring two States and the average pre- shopping for a new car, everything thing that, again, was absolutely es- mium for health care in these two about that car. You want to shop for sential. In the city of Philadelphia, in States. In New Jersey, the average pre- clothes, you can go all over the place, particular, we had a very real crisis. In mium totals over $6,000 per person, a checking out the quality reports, con- fact, at the time a group called Jury State that has very little lawsuit re- sumer reports, all those things on that. Verdict Research had done a number of form; and a number of the other re- If you want to look up the records on a studies about the jury awards and set- forms that we are talking about in our hospital, am I more likely to get sicker tlements coming out of the city of reform bill that we will be outlining or better when I am there, you can’t Philadelphia. The average jury award next Tuesday from the GOP centrists find out that information. As my at that time was somewhere around $1 are not there in New Jersey. In Cali- friends know, for a number of years I million. The rest of the State, on aver- fornia, a number of the successful re- put forth a bill to provide transparency age, was a bit less than $500,000. In fact, forms that we’ve put forward are there; in this area, whereby you could look up it got so bad one year that there were and the average cost of our premium is and find out the infection rate of a hos- more awards and payouts out of the just $1,885, meaning that if you back pital. This is critically important be- city of Philadelphia than in the entire the kind of reforms that will be in the cause nosocomial infections, that is in- State of California; and the city of outline bill that we put forward next fections you pick up in a hospital or Philadelphia has a population of about Tuesday, you can drop the cost of clinic, kill 100,000 people each year, 1.5 million people. So what we had to health care by thousands of dollars per cost $50 billion, and there are 2 million do was find ways to get cases out of the patient. cases. Sadly, Senator BYRD, one of our city of Philadelphia, out of those Mr. TIM MURPHY of Pennsylvania. colleagues in Congress, is right now courts. So Congressman MURPHY and I As an important part of this, we’re try- suffering a staph infection; and many actually passed legislation that would ing to drive the point that the losses of our colleagues have had a family have essentially required the cases be themselves do not guarantee quality. member who has faced the same prob- heard in the county where the alleged But it’s quality that is very important. lem. It would be nice to know, and the malpractice incident occurred, and we I believe you have a chart up there advantage of having that information supported it in Harrisburg. So that about some tests and procedures. I out there is that you can look it up, made complete and total sense. Con- wonder if you could explain and com- and you could find out. Hospitals that sequently, we tried to pass it legisla- ment on them a little bit. have paid attention to this have actu- tively, but we ended up having the Su- Mr. KIRK. When we’re looking at ally reduced some of their infection preme Court establish a rule to essen- preventive care, which is so essential, rates to near zero. That’s what we want tially provide that kind of a remedy. in many countries with government- to see, but it’s going to take an act of What happened is, we saw the number controlled systems, because these sys- Congress to change that. of cases heard in Philadelphia drop dra- tems are generally out of money, as Mr. KIRK. I think one of the key les- matically as a result of that. So that governments generally are, they have sons that we want is, we want Ameri- was just another example of the prob- restricted access to preventive care. So cans to have health insurance as good lems. particularly in a Pap smear and a as a Congressman, but we don’t want Also, we have many people in this mammogram, two essential procedures them to have to call their Congressman country who must go to an emergency in finding cancer in women early, we to get good health care. One of the room for care. They go to the emer- see that 89 percent of American women things that we’ve also seen is that the gency room, and oftentimes emergency will have had a Pap smear within the United States really stands out in a room physicians and staff are the sub- last 3 years, but only 77 percent of couple of areas that drive health care ject of lawsuits. But those same physi- Britons. In a mammogram as well, costs up. We have very little to no Fed- cians must provide care under Federal American women are 86 percent, where- eral lawsuit reform in the United law, something called EMTALA; and as women in the United Kingdom are 77 States for health care, meaning that essentially what that means is that percent. All of these major industri- defensive medicine is the practice of they must provide care. So I think alized powers, allies of the United the day in our country as opposed to what we should do is provide medical States, have much lower access to care, other countries because doctors are so liability relief to those emergency even though they have government likely to be sued. Another is that, yes, room physicians by treating them as systems. Americans generally have a higher de- Federal employees, not that they’re Mr. TIM MURPHY of Pennsylvania. gree of obesity as compared to other going to be on the Federal payroll. But That brings up an important point of countries. And so the Congress and the for tort purposes, in the Federal Tort how in the U.S. system we handle such

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.112 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6607 things as dealing with breast cancer care and why it’s rising. Defensive Mr. KIRK. But does it mean though and cervical cancer. One of the sad sto- medicine costs the U.S. as much as $126 that doctors in Connecticut were 300 ries in this country is, more often than billion per year. That was out of a 2003 percent worse 2 years later? is necessarily believed, the U.S. han- HHS study. One-third of the Mr. DENT. Absolutely not. dles lumps, et cetera, by providing orthopedists, obstetricians, trauma b 1900 mastectomies to women. Other coun- surgeons, emergency room doctors and tries may not do that. In part, it may plastic surgeons can expect to be sued The point is, this drives up costs, not just in terms of the liability payments be that the tests come much lower, are in any given year. The data for 2006 that the doctors and the hospitals must much more difficult to get in other shows 71 percent of the medical liabil- incur, and many physicians are now countries; but it also brings up the ity cases are dropped or dismissed. working in hospital-based practices in other point. We need to make sure that Only 1 percent of the cases result in a part because they can’t afford liability physicians are empowered to provide verdict. insurance, so the hospital must pick up that ongoing primary care so they can Mr. KIRK. So 71 percent are dropped, that bill and they are struggling to monitor the patients, get the tests but a payment is still made because make these payments. they need. Unfortunately we have a it’s a settlement, and that’s going to drive up insurance rates anyway. The point is, it raises costs not just system that pays for quantity, not for the doctors and the hospitals, but quality; that pays for defensive medi- Mr. DENT. And the physicians and hospitals have to hire attorneys to de- the tests that are going to be pre- cine, not really working on prevention. scribed and administered and treat- Let me read you an important quote. fend themselves. So there’s a lot of time, effort and money expended just ments perhaps proposed just to protect This comes from the New Yorker mag- themselves. This will drive costs up. azine, an article entitled The Cost Co- to prepare and fight this battle, only to have it dropped. So there is still a cost They are protecting themselves against nundrum by Atul Gawande. It’s about lawsuits. Texas towns. It says that between 2001 incurred even though the case is dropped. What is the other issue? Access to and 2005, critically ill Medicare pa- care is a consequence, that there will tients received almost 50 percent more Mr. TIM MURPHY of Pennsylvania. Another issue with regard to this bill be less access, that doctors won’t de- specialist visits in McAllen, Texas, liver babies in the city of Philadelphia. than in El Paso and were two-thirds we’ve introduced has to do with allowing doctors to volunteer their services. That means people don’t have access to more likely to see 10 or more special- And here is something that only the an OB. That is important. I think that ists in a 6-month period. Why? It was a United States would mess up in our is the point. It drives up costs and it different approach to care and, that is, government. Community health cen- limits access, and Americans want ac- providing more care, providing more ters, which provide great health care at cess to health care and need the care surgical procedures, et cetera, doing home for people with lots of different when they must get it. more tests that were not necessarily Mr. KIRK. The bill that we are going services from primary medical care, warranted. You have another area, like to be putting forward by the centrists dental, mental health, pediatric care, where the Mayo Clinic is up in Roch- on Tuesday has a number of liability et cetera. But they are strapped for reform provisions authored by Con- ester, Minnesota, where that domi- money. In many cases they have a 15 to nates the scene. They have fantas- gressman DENT, and community health 20 percent shortage of family physi- center and volunteer liability provi- tically high levels of all this techno- cians, OB/GYNs, et cetera. The doctors sions authored by Congressman MUR- logical capability and quality; but its are covered under the Federal Tort PHY. Medicare spending is in the lowest 15 Claims Act. The Federal Government percent in the country, $6,000 per en- One of the things we talk about is ac- handles their malpractice at a lower cess to care. A critical issue coming up rollee in 2006, which is $8,000 less than cost for them. But if a doctor wants to the figure from McAllen, Texas. I bring is the uninsured. Now, the Census Bu- volunteer, they’re not covered. Basi- reau indicates that there are about 45.7 that up to say that in the U.S., it is a cally if a doctor says, I would like to part of what you are describing that million, about 46 million people in the give my time to work a couple days a country who are lacking insurance. Of patients need access to these tests in a month, offer my time on a volunteer timely manner, number one; but num- those, about 9.5 million are non-citi- basis, the clinic has to turn them away zens, and the question we have to ask ber two, we also need to make sure the because they cannot afford the full is, should we provide taxpayer-funded physicians and nurses and all medical price of their malpractice insurance. It care to those people who are not le- specialists are getting the information is the opposite in a free clinic, where if gally present in the United States? they need to make sure the quality is a doctor is paid, they have to cover About 12 million of the currently un- what we’re driving here. When you are their own insurance. But if they volun- insured are already eligible for public dealing with just issues of insurance or teer, they are covered under the Fed- programs. Because of lifestyle or be- just issues of defensive medicine, you eral Tort Claims Act. cause of their choice, they haven’t even are not necessarily driving quality. We have a bill we’ve been trying to signed up for the health care that the You are driving more tests. get in for a number of years to allow government already will provide them. Mr. KIRK. One of the other things doctors to volunteer. The advantages About 7.3 million have higher incomes that we’ve been concerned about is the people have at health care home, it is than most Americans. They make over increasing price of medical malpractice a much lower cost. It even reduces the $84,000 a year. And about 9 million are insurance in the United States. Espe- cost for Medicaid patients to go there only temporarily uninsured. cially if you look between 2000 and 2002 by some 30 percent, and it focuses on As you can see here from an older for obstetricians and gynecologists, for getting the doctor near the patient and chart showing 49 million uninsured, a physicians, for internists in general, the patient near the doctor and elimi- large number of the uninsured were un- you’ve got an explosion in the cost of nating any incentive of defensive medi- insured temporarily, only 5 months, buying insurance. We do not have 30 cine, any incentive to do lots and lots and another 25 percent were uninsured percent more malpractice in America of tests just to make up for the losses. for only 6 months, leaving about 53 per- in just 2 years, but what we may have Mr. DENT. Before we get on to our cent of this cohort uninsured for a long is a 30 percent greater chance of being next topic, I just want to mention one time, a group we all agree should be ad- sued in America, the most litigious so- thing. What’s the point of this whole dressed. ciety on earth. All of this drives health discussion? I was talking about the ris- When you take 45.7 million people care costs up, as physicians have to ing costs. But in Philadelphia, pre- uninsured, remove the noncitizens, recover the cost of malpractice insurance miums rose 221 percent for OB/GYNs in move the people who haven’t signed up and, of course, over-prescribe tests and the city of Philadelphia. That is be- for the government programs they other procedures. tween 2000 and 2008. Premiums rose 149 have already been eligible for, remove Mr. DENT. I would like to get in a percent for general surgeons in New people who have higher incomes than few statistics about this. This is a very Jersey. Premiums rose 348 percent for most Americans and should buy it any- interesting and pertinent subject, this internists in Connecticut over that way, and remove the temporarily unin- whole discussion of the cost of health 2000–2008 period. sured, you get down to a number of

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.113 H11JNPT1 jbell on PROD1PC69 with HOUSE H6608 CONGRESSIONAL RECORD — HOUSE June 11, 2009 only 7.8 million. But this might not be through their employers in many re- to provide care. But having a 100 per- a big enough number for a government spects, and what we should do is give cent insurance mandate didn’t do it. takeover. the individual who lacks insurance, if You needed to do it through a public Mr. DENT. If the gentleman will his employer cannot provide it to them health clinic. yield, one of the interesting demo- or if they are self-employed or on their Mr. TIM MURPHY of Pennsylvania. graphics with respect to the uninsured own, give them the opportunity to buy And as you described, it brings the population, I think we really need to health insurance and give the same thought too that in addition to people focus on this like a laser beam. Over kind of favorable tax treatment to the having this hodgepodge of how dis- half, I believe, 55 percent of the people individual that we currently give to jointed a difficult system that does not lacking coverage in America are under the business. That would do a lot to allow individuals or employers to pur- the age of 35. Many of them are insur- help cover particularly that younger chase insurance is, we oftentimes look able. Those college-age kids up to age population that is relatively healthy upon other solutions and think, well, 35, they tend to be more insurable than and insurable. they are not purchasing it for other much of the rest of the population. Mr. TIM MURPHY of Pennsylvania. reasons, and we artificially keep those So I believe we do have some sugges- In addition to that, it has to do with things high, and we keep a system that tions and proposals as a way to cover how they purchase it. The Federal Gov- also incentivizes lots of tests, we that population, get them into an af- ernment recognizes that if we allow incentivize a system that is really dys- fordable catastrophic coverage that people of low income to pool together functional. they will need in the event that some- they can negotiate better prices. The In that I bring to my colleagues’ at- thing dramatic happens in their life VA does this all the time. They com- tention an article published by the New where they need that kind of coverage. bine the purchasing power of the VA to England Health Care Institute that I would like to talk about that a little purchase for veterans across the Na- said out of this $2.4 trillion health care later. But that is another statistic I tion. Yet we don’t let individuals do system, this Nation wastes about $700 don’t think we talk enough about. that. billion a year, and all these inefficien- Also, there are a large number of peo- We don’t let a small business that cies have to do with care delivery, even ple uninsured who are currently eligi- only has half a dozen employees or 20 beyond that of what we are talking ble for programs, whether they be Med- or 50 employees to join other busi- about here, with the tax, the incen- icaid or the Children’s Health Insur- nesses of the same type, and that wall tives, the insurance and barriers we set ance Program. placed by insurance companies and by up too. Mr. KIRK. One of the things that we Mr. TIM MURPHY of Pennsylvania. the government leads to higher costs. want to make sure is sometimes in this If the gentleman will yield. As you We ought to allow businesses to do the debate when you hear about the unin- know, many of those younger folks you same thing the Federal Government sured, you may have the impression are talking about consider themselves does and use that as a mechanism to that the Federal Government doesn’t to be the invulnerables. They don’t drive down costs substantially. spend any money already providing need insurance, they are never going to Mr. KIRK. One of the things that you health care to low-income and needy get sick. The problem becomes one have put forward, Congressman MUR- that when they don’t do that and they Americans. PHY, is the need for public health clin- As this chart, already somewhat out- do get sick and they do end up in the ics, et cetera. I think that puts forward dated from 2004 shows, it is a total of emergency room, we pay for it. It is a critical point right now missing in almost $35 billion in assistance given important that we remove any barriers the debate. to cover the uninsured. But one of the and provide every encouragement and We know that of the uninsured, by problems has been that some of the pa- incentive for them to purchase that in- this estimate 44.7 million, of the unin- tients directly eligible for these gov- surance that many times the employer sured, currently 14.7 million are al- ernment programs don’t sign up. does offer. ready eligible for public coverage. Mr. DENT. The gentleman, Mr. KIRK Mr. KIRK. I want to just point out, Mr. DENT. That would be Medicaid from Illinois, pointed out an inter- and I do want to go on to expanding and SCHIP. esting point. He mentioned the Massa- health care insurance, we find for Mr. KIRK. That is right, Medicaid, chusetts health care experiment. What many small businesses they lack SCHIP and other State programs. But they did in Massachusetts, they had a health insurance for their employees, as we found in the State of Massachu- universal mandate for coverage, but and we ought to allow small businesses setts, when a mandate that everyone they did not do anything to deal with to join together. For example, the has to buy health insurance is put for- the cost issue. Libertyville Chamber of Commerce As- ward, what they have generally found So what happened in Massachusetts sociation Health Plan is right now pro- is that a technical and legal solution is is while the numbers of those who were hibited under Federal law. We should not adequate. being provided coverage through the allow small businesses to band to- They thought that by putting a various programs in Massachusetts gether to create large insurance pools health insurance signup machine at the through the mandates, those costs on their own, because we know half of entrance of every emergency room in rose, but the ability of the taxpayers to all Americans work for small busi- the State they would register and col- meet those rising costs, of course, was nesses, and many don’t have a plan lect the required number of people who limited. So what does the government through their employer, and that will hadn’t yet signed up for the public as- do? It restricts care, it denies treat- be included in our legislation. sistance that they were eligible for. ment, it denies service, it rations care. Mr. DENT. And that is a very impor- What they found is, for a small per- That is sort of a microcosm in Massa- tant point. You know, there are so centage of the most difficult patients, chusetts of what happens in perhaps many people out there who need cov- either because of alcohol, drug abuse or some other Western European coun- erage, and there are so many things we law enforcement problems, these pa- tries or perhaps even Canada. can do to help. You just mentioned the tients were not registering under simi- I am not here to either praise or con- idea of allowing employers to reach lar names, not registering under simi- demn those systems in Western Europe across State lines and realize greater lar addresses, and were failing to re- and the United Kingdom or in Canada discounts. That is critical. port for appointments and other pre- or anywhere else. They are different But the other issue, too, to help the ventive care, meaning for that very systems. And people need to under- uninsured, we know that employers re- small percentage of Americans, we stand that what happens in those sys- ceive favorable tax treatment. They need to provide an open public clinic. tems when the costs continue to rise get a tax exclusion that is very bene- It is the much-more appropriate for health care and there aren’t the tax ficial to helping them provide health health delivery system than an insur- dollars to meet those costs, they deny care coverage to their employees. That ance system, because for this small care. I think we all know that people is a good thing. We want to protect group of Americans we have different are concerned about cures and not that. There are about 165 million names, different addresses and dif- treatments. They want to be treated Americans that have health care ferent lifestyles, and yet we still want like human beings and not numbers.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.115 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6609 Unfortunately, that can happen in ter, ones that have really focused on, that an employer gets when it buys for those systems where you have a single- We are going to change the quality and employees. payer system. You take a number, wait delivery of care and focus on outcome— But here’s what I’m concerned about. for your dialysis, wait for your hip re- you actually see those costs go down. There are ideas building in strength placement, if you can wait that long. If That is part of the focus we need to now, in the Congress and downtown, you are a Canadian, if you have the have. that talk about cutting the tax benefit money, you come across the border and With that, I yield back to my col- that employers get for providing health get the care you need when you need it. league. insurance to their employees. We need to have this very sober discus- Mr. KIRK. Let me just follow up. I One study by the Llewellyn Group sion. want to talk about some of the solu- says that if that tax break that em- Mr. KIRK. By the way, the gen- tions we are going to put forward, be- ployers get for providing care to their tleman points out Canada, a country cause what is lost sometimes in this employees is cut, 100 million Ameri- that has basically a two-tier health debate is we agree with the President cans will lose their health insurance. care system, the Canadian health care that we should lower costs. We agree And so a health reform bill, ironically, system, and then when you are denied with the President that we should ex- will cut the number of Americans who care, which is especially prevalent in pand health care. But we think we have have their own insurance from 170 mil- any care needing advanced imagery or a better way. lion to 70 million. new oncology medicines to fight can- Many times in partisan debate people Our bill, our positive alternative, cer, the relief valve is they come to the can say that we have no alternative. So goes in exactly the opposite direction. United States. Some Canadian doctors we have spent about 90 percent of our We’re enhancing employer-provided call it ‘‘Fargo-ing a patient,’’ meaning time coming up with that alternative. coverage and making sure that it’s when a patient is denied care or care is We want to make sure that we guar- more available. going to be tremendously delayed antee the rights of each patient in the But I yield to the gentleman. under the Canadian system, they will doctor-patient relationship so that you Mr. DENT. That’s an astounding sta- then refer that patient to Fargo, North or a loved one in your family is allowed tistic from the Llewellyn Group. When Dakota, where they will immediately to carry out the decisions made by you you talk about 100 million Americans get care under the U.S. system. and your doctor and not be interfered potentially losing their health care, The concern I have though is if we with by a government bureaucracy. where will they go to get it? That’s have the government take over health Also though we are focusing in our really the issue. So that employer ex- care, where will we be able to drive? legislation coming up on lowering the clusion, that favorable tax treatment Where will we be able to go? That is cost of insurance through alliances, is absolutely essential to making sure why in our legislation that we will be through equalizing the tax benefit for that many Americans are able to main- outlining on Tuesday, it includes the individuals so they get the same ben- tain their coverage. And that’s the Medical Rights Act, and the Medical efit that employers get when they buy first thing we have to protect in this Rights Act says this: We guarantee the health insurance, and obviously what whole discussion. We have to protect right of patients to carry out the deci- we have talked about here, lawsuit re- that first. sions of their doctors without delay or form. And some of the proposals that are denial of care by the government. Mr. DENT. That was the point I made floating around this capital, as you The legislation protects the right of a few moments earlier about equalizing correctly pointed out, would either each American to receive medical serv- the tax treatment. That is a point we eliminate that exclusion or severely ices as deemed appropriate by their are stating; that the 165 million Ameri- limit it as a way to finance whatever doctor. cans—I think that is about 60 percent kind of program they’re advancing. Mr. TIM MURPHY of Pennsylvania. of our population—has insurance And this is big money. Let me add to that. That is a great through their employers, but those in- So I just wanted to share that with base to be moving from that what they dividuals who cannot afford insurance, the American people, make sure they do there does need to be these basic and there are a lot of them out there, understand that that seems to be the rights outlined, because we have a sys- unfortunately, cannot afford their in- primary funding mechanism that many tem that stands with huge barriers be- surance, but they get no favorable tax are looking at to finance whatever tween doctor and patient and much of treatment themselves. Their employer kind of health care system would be that barrier is the government. receives it, as they should, that treat- proposed, whether it’s a government The government through Medicare ment, but the employee, the worker or option or some other proposal, single- and Medicaid, for example, handles the self-employed individual should get payer. That’s something to be con- cost controls by delaying care, by de- that same favorable treatment. cerned about. nying care and by denying or dimin- That is a way to really help particu- Mr. KIRK. That’s what we worry ishing payment. So physicians and hos- larly the younger population, some of about. They’re talking about maybe a pitals that are paid, for example, 30 or whom have some capacity to purchase $1 trillion cost of a government plan. 40 percent less for Medicare services, or insurance. They may be relatively And so the most obvious response with saying you are not allowed to do these healthy, but they choose not to pur- such a cost is a huge income tax in- other tests, we are not going to pay for chase it. Some use the term ‘‘the crease, but we know most Americans it, end up promoting a situation that is invincibles.’’ Obviously they are not. oppose that. more based on quantity than quality, But they need insurance, and we can Some, including Ezekiel Emanuel, and that actually increases many costs help that population afford a reason- one of the heads of the President’s ad- and increases the chances for fraud and able, comprehensive plan. visory committee, has talked about a abuse. In Pennsylvania, there was news national sales tax on top of the other in the paper of just millions of dollars b 1915 tax, but I think there’s significant op- again of abuse in this system. And that’s one of the major parts of position to that. So they’ve talked What is so important is if you have the reform that you and I have worked about cutting back on the tax benefit the patient and the doctor in charge of on. And I think we can do this in a bi- that employers get when they provide their care, you incentivize quality, you partisan manner. I think there are health care to their employees, but by make sure the doctor has timely infor- plenty of people in this room, on both this estimate, it could cost over 100 mation through electronic medical sides of the aisle, that would be willing million Americans their health insur- records, et cetera. Those are important to vote for this type of commonsense ance. things which we are not doing yet as reform that’s going to help people get I yield to the gentleman. part of this. access to care and coverage. Mr. TIM MURPHY of Pennsylvania. But then you look at other clinics, Mr. KIRK. And here’s what we’ve As that goes, when we look at the gov- you look at a Mayo Clinic, you look at been working on. We want to equalize ernment running a plan that costs $1 the Geisinger Plan, you look at the the benefit so that if you buy your own trillion, that’s several hundred billion University of Pittsburgh Medical Cen- insurance, you get the same tax benefit more than the Pentagon. And I’m not

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.117 H11JNPT1 jbell on PROD1PC69 with HOUSE H6610 CONGRESSIONAL RECORD — HOUSE June 11, 2009 sure that people would say the Pen- I think, fully understood and vetted be- care, at 65, with a balance in that ac- tagon, for all the pride we have of all fore the public. But that government count, that account either can become our soldiers, our sailors, our airmen option many fear may become the only part of our retirement plan or eventu- and marines, I doubt that people would option for insurance because a govern- ally a part of our estate to our chil- say that’s the model of economic effi- ment option coverage perhaps would be dren. ciency. able to offer it at a much lower cost This is a much more flexible way of Would they say that Social Security than any kind of a private sector insur- providing health care and, more impor- run by the Federal Government is the ance product. And the fear is that you tantly, it’s owned by you, not by a gov- best investment system? Would they— would have a backdoor government ernment bureaucracy. I mean, pick a system that the Federal takeover of our health system through I yield to the gentleman. Government runs, and it’s hardly seen this government option, a very real Mr. DENT. Well said. And I think we as the best. We know we have a lot of concern. should focus on solutions. We’ve talked dedicated employees there, but often- And again, I just don’t think that we a lot about the challenges and the times they are saddled and handcuffed should lose sight of the fact that if problems and the costs, but it does by regulations. we—this turns into a backdoor, single- come down to solutions. And I think to We have a system that is still, after payer system or a government take- sum up what we’ve been talking about all these years, Medicaid, that has been over of health care, what will soon fol- tonight in terms of our solutions, you, around since the 1960s, so fraught with low will be rationed care, that is, wait- Congressman KIRK, have been a great inefficiency that it invites waste, fraud ing lines, delays, denials of care. leader on the Medical Rights Act. And and abuse. It has not been revamped. Mr. KIRK. I want to emphasize the to make sure that that sacred relation- An article that appeared in the New point the gentleman raises. Not only, if ship between doctor and patient is not England Journal of Medicine a couple we create a government health care violated, we have to protect that prin- of weeks ago by Victor R. Fuchs was program, will it compete and may be ciple, and that notion must be pro- saying we’ve got to fix this system the lowest cost option because it has a tected up front. first; otherwise—and I go back to this taxpayer subsidy, but that taxpayer As we lower the cost of insurance, article from the New Yorker. It says subsidy may be paid for by ending some we’ve talked about some ideas about this: Providing health care is like of the tax break that employers have making sure that businesses can reach building a house. The task requires ex- in providing health care to their em- across State lines, they can reach perts, expensive equipment and mate- ployees. across State lines, realize greater dis- rials, and a huge amount of coordina- Mr. DENT. 165 million Americans. counts so they can provide more afford- tion. Imagine that, instead of paying a Mr. KIRK. Right. And so, employers able coverage to their employees. contractor to pull a team together and seeing that they don’t get a tax break That’s a cost issue. keep them on track, you paid an elec- anymore for giving health care to their Medical liability reform, and we’ve trician for every outlet he rec- employees will simply cancel your given some specific examples of things ommends, a plumber for every faucet health insurance program, and then we can do on medical liability reform and a carpenter for every cabinet. the government will be your only op- to help lower the cost of care. Abso- Would you be surprised if you got a tion. lutely critical. house with 1,000 outlets, faucets and Mr. TIM MURPHY of Pennsylvania. We want the States to be innovative. cabinets at three times the cost you As this goes, I mean, I believe the gov- We want them to be innovative. And expected, and the whole thing fell ernment does have a role in terms of many States, I believe 34 States, have apart a couple of years later? providing regulations, standards of high risk pools, some of which work That’s where we are with our health clinical excellence, and pushing compa- reasonably well, and others are not care system. It must be focused on nies toward this constantly. Provide very effective. And so how can we help quality and on outcome. And I worry the oversight that says, if you’re going States innovate, to provide ways to that if we have a government-run sys- to be spending the taxpayers’ money on make sure people receive coverage, tem and this bureaucracy created, it’s Medicaid, Medicare and the VA, we particularly that uninsured population going to be a matter between you and want to see quality measures. I think we’re all generally concerned your doctor and this Congress. To get So, if the Federal Government’s about. That’s that population that is anything done, it’s going to take an going to put up money for electronic chronically uninsured, and maybe it’s act of Congress or bureaucracy. That’s medical records, to say we need to see about 10 million people. I don’t have going to be such a huge cost on top you driving constantly towards inter- the statistics in front of me, but some- that all the people will say, well, it’s operability, towards intelligence sys- where around 10 million people are going to be less involved with regard to tems, towards integrated systems, to- chronically uninsured. They’re not administrative cost. I don’t see how wards ones that are highly interactive that under-35 population, but people that is possible, given the track record with the physician. If the Federal Gov- who really need help and may have a we have. ernment can play a role in pushing peo- preexisting condition that prevents Mr. KIRK. If the gentleman will ple towards higher quality, I worry if them from getting picked up. Or a per- yield, we also not only see other exam- the Federal Government is the prime son, right now, let’s face it, a lot of ples of the government poorly running owner of this, will the Federal Govern- people are more—what they’re afraid of the bureaucracies that it already has ment, itself, push things towards that, more than losing their jobs is losing taken over, but recently the govern- and that’s were I have trouble reck- their health care coverage. And I think ment took over the largest bond dealer, oning that. we have to make sure that we take Bear Stearns. The government has Mr. KIRK. I am going to keep this on care of that population, uninsured who taken over the largest insurance com- the positive side because what we’re have a preexisting condition. We need pany, the American International doing is we’re putting together a posi- to help them, particularly if they’re Group, and the government has taken tive alternative. And one of the other high risk. And that’s where we can use over the largest car manufacturer, GM. reforms that we will be outlining is to the States, I think, to be very, very in- And I don’t think that any us of would dramatically expand the number of novative. argue that the government is running Americans who can have a health sav- And the other thing that we have to it better in their current states. ings account, very much like an IRA, talk about too, and we don’t talk Mr. DENT. And if the gentleman so that they can save, especially in enough about it, but I think people would yield, to follow up on that point their younger, more healthy years, in a want to see medical breakthroughs in you were just making about govern- tax deferred account that they will use the United States. They want quality ment ownership and autos and finan- to make up for their deductible ex- and they want innovation, and they cial services and elsewhere, let’s talk a penses and their health insurance. don’t want an average system. moment about health care. And there’s Over time, as with our IRAs, an ac- And I’ve always been struck. I visited an idea being floated about called a count balance will build up. And then, the country of Ecuador once with my government option, which needs to be, if each of us reaches the age of Medi- family a few years ago, and I was

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.118 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6611 struck. The tour guide was telling me er, like mine, who’s 80 years old be told $60 billion is lost due to fraud in the Medicare about their national system, and then that she’s contributed her whole life, program alone. We can’t afford to multiply that we drove by the hospitals. They’re relatively healthy, we don’t want to number through a government takeover of our right next to each other, the public tell her, I’m sorry, we’re going to dis- entire health care system. hospital and the private hospital, and card you now that you’ve reached a Our health care system needs to prioritize you could tell which was which vis- certain age. That’s what we are con- efficiency, transparency, and results. ually. The private hospital looked like cerned about. I look forward to working with Members of a hotel, a very inviting place. The pub- So we’re going to try to work, I both parties to ensure that these principles lic hospital, unfortunately, looked like think, in a bipartisan manner, try to guide any legislation we will consider in the fu- a building that was somewhat dilapi- work in a way that embraces a lot of ture. dated. And that’s what just frightened ideas that we can all share. And short f me, two tiers of care. Now, this is a of a government takeover of our sys- Latin American country. Some might tem, I think we can do that. We have GENERAL LEAVE call it a third world country. But nev- the capacity to do it. The American Mr. KIRK. Mr. Speaker, I would like ertheless, that’s what I saw, and I people expect it of us, and I look for- to ask unanimous consent that Mem- would never want to see that happen in ward to working with all my colleagues bers have 5 legislative days in which to America. to come to that kind of result. revise and extend their remarks on the Mr. KIRK. If the gentleman would Mr. KIRK. I thank the gentleman, subject of my Special Order. yield. What you heard tonight is focus- and we will be outlining a positive set The SPEAKER pro tempore (Mr. ing on positive outcomes, making sure of reforms that we think can attract BRIGHT). Is there objection to the re- we reform health care, less defensive tremendous bipartisan support this quest of the gentleman from Illinois? medicine, deploy health information Tuesday, from the centrists. There was no objection. technology, health individual savings Mr. PETRI. Mr. Speaker, today, President f accounts. Obama is in my home state of Wisconsin con- HEALTH CARE REFORM We have spent far less time criti- ducting a town hall meeting to promote his cizing the President and far more time health care agenda. The SPEAKER pro tempore. Under outlining a new positive agenda. But to I know that the residents of my home state the Speaker’s announced policy of Jan- close tonight, I’d like to turn to Dr. will tell him that they are struggling to keep up uary 6, 2009, the gentlewoman from MURPHY, who’s been more in the health with the rising cost of their health care pre- Pennsylvania (Ms. SCHWARTZ) is recog- care system than all of us, to finish us miums, while others are simply unable to af- nized for 60 minutes. out. ford health care coverage. Ms. SCHWARTZ. Mr. Speaker, I rise Mr. TIM MURPHY of Pennsylvania. Many people in my state have lost their jobs this evening to begin what I hope will When I look at this, I want Americans and fear that they won’t be able to afford their be a Special Order time with my col- and all of us to imagine a system that’s children’s medication or that an unforeseen ill- leagues. It’s a little earlier than we based upon cures and based upon out- ness will bankrupt them. thought, so we’re going to see as they come, a system where doctors are in Some individuals who have insurance are make their way to the floor. Hopefully charge of your health care, not insur- simply staying in a job they don’t like because they will be joining me. ance companies, not the government. their next job may not offer health care insur- But, as you know, there has been a And I know that both sides of the aisle ance. great deal of discussion about health are deeply concerned about this. It is Others who are happy with their insurance care reform. We just heard a Special not that one side or the other wants in- worry that any drastic reform will force them Order now from my colleagues on the surance companies or the government into a system that will limit their choice of doc- other side of the aisle talking about to win. We all want patients to win, tor or access to medical treatment. health care reform and some of their Democrats and Republicans alike. But I agree with the President that it is time to thoughts about it, and I think some- we must have a system that’s focused fix the health care system in the United States times we focus very much on con- upon this, not that creates incentives so that all Americans, all my constituents, troversial issues and some of the dif- because we’re paying people so low to have access to quality affordable health care ficult decisions we have to make as we do more and more tests, not to pro- coverage. move forward, and let me start with mote more and more medical proce- However, I strongly believe that any reform what we’re trying to do on health care dures, but to really focus on this out- that we consider in the House must be based reform, on this. come. We can do this through these on a few important principles. What we want to talk about tonight things we’re doing, the patient and First, it must give everyone access to quality is some of the very important work we doctor in charge. Don’t create more and affordable health care. want to do as we really meet the Presi- barriers. Make sure we have all the ef- All individuals should have the freedom to dent’s goals. ficiency there for quality. We can do choose the health plan that best meets their b 1930 those things. Imagine what can hap- needs. pen. Imagine the possibilities. And let’s Second, any reform should ensure a patient He has laid out to us the goals for just not throw it out and say it’s too centered system. health care reform, and they are really difficult; let the government run it. Patients in consultation with their doctors threefold. They are to make sure that With that, I yield back to my col- should be in control of their health care deci- we contain costs. The fact is that our league, Congressman DENT. sions and not government bureaucrats or in- businesses have said to us that the high Mr. DENT. Just in conclusion, I just surance agents. cost of health coverage, providing think we want to say a few things. I If your child or parent is sick, you should health benefits for their employees, has think in our health care system we cer- have access to timely tests and treatments gone up almost double digits every tainly want our system to be focused and not subject to waiting lists or treatment year. And what that really means is on prevention, not maintenance. We decisions dependent on anyone other than that we have doubled the cost of health want cures, not treatments. The sys- you and your doctor. care benefits to our companies in the tem should be about doctors, not law- Third, our health care system must empha- last 10 years. That’s unsustainable for yers. We want patients to be treated size prevention and wellness. our businesses, whether they are small like they want to be treated, like Chronic diseases account for 75 percent of businesses that are trying to be eco- human beings. They want to be treated our nation’s medical costs. By implementing nomically competitive in their commu- like people and not some number, programs focused on preventing such things nities or very large businesses that are something abstract. They want to be as smoking and obesity-related diseases, we really functioning on the global mar- treated like a human being. will not only save lives, but reduce health care ketplace and really competing with And so, because at the end of the day, costs. companies that are in countries where we all want our loved ones to be cared And lastly, any reform needs to focus on health care is not an individual em- for. You don’t want them to have to getting rid of the waste, fraud and abuse that ployer’s responsibility and where costs wait. You don’t want to see your moth- plagues our current system. Approximately are more controlled. So we know it’s

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.119 H11JNPT1 jbell on PROD1PC69 with HOUSE H6612 CONGRESSIONAL RECORD — HOUSE June 11, 2009 an economic competitive issue. There’s care, help improve health status for all other age groups. So as the population no question about that. of us and each of us, but also contain is aging, and we know the baby We also know that it is an issue for costs. boomers are coming, and we are talk- government. I serve on the Budget And I’m happy to give you some of ing about them, of course, in terms of Committee. The costs, and we talk the numbers that we have in terms of Social Security, but the fact is we about this, for Medicare is really some of the primary care shortages. We know that as we are aging and needing unsustainable if we don’t do a better often talk about primary care physi- more health services, it is very, very job of containing costs and improving cians, but the fact is we also have a important for us to have access to pri- quality and improving outcomes for shortage of nurses, nurse practitioners, mary care providers. our seniors. We’re going to talk more physician assistants, and so many of Let me also talk about one of the about that this evening. the health care providers that really reasons we need primary care pro- But we also know that it’s a huge should be there for us and want to be viders, and that is all of us, but par- problem for our families. We hear all there for us but there is simply not ticularly those with chronic condi- the time from our constituents about enough of them. tions. We think about needing health families that have break in coverage The Council on Physician and Nurse care when we get sick and have an epi- and then suddenly find themselves Supply says the United States may sodic experience where we might need faced with buying a family policy with lack as many as 200,000 needed physi- to go to the hospital and might need to a preexisting condition, someone in cians by 2020. So here we are saying see a physician, might even end up in their family with a preexisting condi- that we want you to go see the primary the emergency room. But for many tion, and the cost of that policy, if care physician or nurse practitioner. people, they have chronic conditions, they can find one, is too high for them We don’t want to go to the emergency and they need to have an ongoing rela- to be able to afford. room. Look at the Massachusetts expe- tionship with health care providers so Typically, I know in the Philadelphia rience where they really worked very that they can get the kind of care they area, a decent insurance policy costs hard and effectively to extend coverage need, get the advice, get the right pre- anywhere from $12,000 to $15,000 a year. to the uninsured. What they found was scriptions, and then be able to work Well, a family that’s earning even people were still going to the emer- with their medical practitioners to be $50,000, $60,000 a year, after paying gency room because there simply were able to comply with that advice and to their mortgage and paying their ex- not enough primary care providers or be able to make sure that they are penses and maybe trying to save some- clinics or community health centers in healthy. And the number out there is thing for their children to go to college their communities for them to go to. that only 50 percent of Americans who and meeting all the taxes, local and Let me go on with some other num- do get health care comply with the rec- State, really just don’t have those bers, if I may. They estimate that ommended health care that they’re kinds of dollars left for them to find there could be a shortage of 800,000 told to comply with. So obviously we $12,000 to buy a decent policy. So nurses by 2020; 46,000 of those physi- need some work here. they’re shut out, completely shut out, cians and nurses need to be primary This is a shared responsibility. This which is really a very significant prob- care providers. The U.S. population is not only a responsibility of those lem when they want to go for health rose 31 percent between 1980 and 2003, who pay for health services and are re- coverage. So we know cost is abso- but the number of medical school grad- imbursed for health services and those lutely a major issue for our businesses, uates remained the same. So the popu- providers but, of course, for patients as for our families, and for our govern- lation is growing. We’re looking at a 30 well. ment. percent growth in population, and the So let me just say on chronic condi- So what can we do about it? How can number of physicians is the same. And tions, some of these numbers may sur- we actually ensure that we will contain what is so interesting about that is I prise us. But the five most costly costs and improve quality and also be think for a long time we’ve heard we chronic conditions are cardiovascular able to extend coverage for the 47, al- have enough physicians but they’re disease, cancer, diabetes, asthma, and most 48, million Americans who do not just not in the right place. Well, I mental health disorders. Over 133 mil- have ongoing health insurance cov- think we’ve gotten that a little bit lion Americans suffer from at least one erage? And the fact is we can do num- wrong. There are simply not enough of these chronic diseases, and over 75 bers of things, and we have been work- primary care practitioners, physicians, percent of all Medicare expenditures ing hard on this to make sure that we or other practitioners. can be attributed to patients with five create the kind of market reforms that Interestingly, the number of medical or more chronic conditions. Just 10 will enable people to buy meaningful students who are choosing primary years ago, these beneficiaries ac- coverage that is affordable for them care is steadily declining. Even counted for only 50 percent of the and that they will have the kind of amongst those who are specializing in Medicare costs. coverage that will really matter. internal medicine, I will say that in So something’s wrong. We have to fix We also know that we need to make 1985, half of all internal medicine resi- this problem. We have to make sure some real changes in the delivery sys- dents chose primary care; now only 20 that people can hopefully prevent some tem. And, again, that’s what we are percent do. of these chronic disease. We might be hoping to focus on tonight. And what I I was at a press conference this able to do that in a number of ways. I mean by that, if for all of us who go to morning with Congresswoman KATHY know there’s a lot of discussion about see doctors and nurses and spend time CASTOR and Congressman JOHN SAR- wellness programs for prevention. We at all in a doctor’s office either for our- BANES and a young woman who has just have seen some very good models. Par- selves or for our loved ones, we know, graduated from osteopathic school. ticularly some of the larger employers, and our numbers bear this out, that, in And she talked about the statistics, smaller employers, some of the insur- fact, we tend to go to more specialists. and she said that most medical school ance companies are really working We have very fragmented care. What graduates graduate with almost hard to try to incentivize people to eat we don’t have is access to a primary $200,000 in debt. Their first job as a right, to exercise to be able to prevent care provider who knows us, who fol- resident, and still training actually, is some of these conditions and some of lows us, works with us when we get a usually paid about $40,000. So how do these conditions from worsening. But serious disease, helps us know what it you train for another 3 or 4 years, clearly we have a long way to go and is that we need to be doing, helps us make $40,000 a year, and pay $200,000? we have much work to do to make sure comply with recommendations, and That’s just medical school. You may we, again, help folks with chronic dis- really also helps us sort through if we have a course debt from college as well. eases be able to be healthier, to get need to see numbers of specialists. So it is a major issue going forward to better, to not have the disease get any So whether you are basically fairly make sure that we have more primary worse. And, of course, in that process it healthy or have a major health care care physicians. will save them money and it will save crisis or a chronic disease, we know Older Americans also are seeking pri- all of us the high cost of taking care of that we cannot only get better quality mary care services twice as often as patients.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.121 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6613 Any of us who has ever visited a care. We’re going to hopefully do that. payment, your premium or your de- renal dialysis center knows that if we And for more nurse practitioners and ductible is. The cost of everything that can do more to make sure that some- more nurses in this country. That you buy in this country is higher be- body who, for example, is diagnosed would be very helpful. But another con- cause of health care costs. We use the early as a diabetic follows the pre- cept, and I see another colleague of example of an American-made car. scribed treatment, does try to eat mine is going to join us, which is just $1,500 of the price of every car made in right, exercise, really takes care of great, but just to finish this thought, this country goes to health care costs— themselves, and gets good consistent there’s also reimbursement for a con- to the health care costs of the workers health care and can prevent themselves cept called ‘‘medical home.’’ This isn’t who are involved in putting that car from becoming more seriously ill and, a place. This is a group of services. It’s together. of course, going into any kind of renal a commitment on behalf of the pro- It’s more than that. It’s every level failure and needing renal dialysis is vider, the doctor, the nurse practi- of the supply chain, every segment. If something that would save them many tioner, the physician assistant to be you think about the company that problems and would save us all a lot of able to provide a medical home so that manufactures the good, the people who the costs involved. you know you have ongoing care, par- ship the good, the people who receive it Just a few more numbers because I ticularly when you have a chronic dis- and stock the shelves, and the people think they’re pretty telling. Chronic ease. And we can talk more about that who sell it, at every level, there is a conditions cost American businesses going forward. component of cost that is increased be- nearly $1 trillion each year in lost pro- But I want to thank my colleague for cause of health care costs of the com- ductivity. We don’t even think about joining me. I see Congressman JASON panies involved in that. This is at the number of dollars that are lost as ALTMIRE has joined us. He’s also from every level of the supply chain. workers take time off for serious ill- Pennsylvania, from the other side of If you think about every segment of nesses. About $125 billion of this is due the State, from a community, Pitts- our lives, health care is a part of that. to lost workdays, and the balance is burgh, which is known for its medical What we are trying to grapple with due to diminished capacity while they care, medical schools, and it has a lot here in this Congress over the next few are at work. So for businesses it’s not of health care providers. But I bet and months is how to preserve what works only the cost of the insurance and the would imagine that Congressman in our current system, because we benefits, but it’s also a cost when their ALTMIRE has some of the same experi- don’t want to throw the baby out with own workers are not being able to real- ences I do, that while we have great the bath water. We don’t want to lose ly work at the full scale of their poten- quality health care, it is also too often the good things about our health care tial and their capacity. fragmented and is too often not acces- system, but we do want to address the So we know that we can do more. sible and too often not affordable for things that don’t work. So we think Economic conditions, the health bene- too many of our constituents. about the fact that we spend $2.5 tril- fits, really taking serious action to So we’re here tonight to talk about lion a year on health care in this coun- make sure that we have enough pri- health care reform, particularly the try, far more than in any other country mary care providers, and that we do a commitment that we’re making as we in the world. much better job of coordinating care move forward on health care reform to Yet, with some things, we don’t get for those with chronic diseases will expand and extend access to more mediocre results; we get bottom-of-the- really have a dramatic impact on the Americans, to make it more affordable. pack results when compared with other health status of Americans and on the It also means a commitment to fixing countries—in life expectancy and in in- cost to all of us. And that’s really what our delivery system, and that means a fant mortality. We’re not in the middle we want to do. commitment to primary care. of the pack. We’re at the bottom of the I think that we have heard some oth- I want to thank Congressman pack. We can do better. We’re not get- ers talking earlier about the need to do ALTMIRE for joining us, and I welcome ting our moneys worth, especially medical research. We believe very his comments. when you consider the 50 million Amer- strongly in that, and we have already Mr. ALTMIRE. I thank the gentle- icans who don’t have any health insur- made a very good commitment to woman for yielding. It’s been a pleas- ance at all. Now, when they show up at doing that by putting $10 billion more ure working with the gentlewoman as the emergency rooms, they get cov- into NIH. We did that in the Recovery part of the New Democratic Coalition. ered; they get treated, but the bill gets and Reinvestment Act, and that was We are the co-Chairs of that group. passed to the millions of Americans very significant. Of course, we want to The gentlewoman hit it right on the who do have health care coverage. The see better treatments and we do want head, that we do have the best health reason you pay $10 for an aspirin at a to see cures. That takes dollars for care system anywhere in the world if hospital is due to the cost shift that medical research and a real commit- you can afford to get it. If you have ac- takes place, making up for the dif- ment to the science of biomedical recess, and there are millions of Ameri- ference of the people who can’t afford search into some of the new products cans that have insurance and they like their health care. There are tens of and devices. But it also takes preven- it and they have access to the system, millions more who live in fear of losing tion and it also takes better coordina- our medical innovation, as the gentle- their coverage. They are one accident, tion of care. woman said, our research, our tech- illness or job loss away from losing ev- Patients with chronic diseases need nology far exceeds anything available erything, and that, in the United to have access to primary care pro- anywhere else in the world. Our quality States of America, is unacceptable. viders. We talked a bit about that. We at the high end exceeds anything avail- So we have very high quality at the need to be able to make sure that they able anywhere else. It’s why people high end, but we have very high costs, get good ongoing chronic disease man- come from all over the world to the way more than any other country. We agement. United States to get their transplants, have millions of Americans who have And I have introduced legislation. to get their heart taken care of, to get coverage and who appreciate their cov- It’s House bill 2350, and I have to say their high-end, high-tech care because erage and who like it, but we have tens it’s got enormous support here in the we do it better than anybody else, and of millions more who don’t have cov- House, 100 cosponsors. I’m very proud there is no question about that. erage or who are underinsured. of that. And many others are looking So the challenge we have as a Con- another it, and I have only introduced b 1945 gress is how to fix what doesn’t work— it just a couple of weeks ago. The idea The problem is the costs are sky- what’s broken—and how to preserve of that legislation is to make sure that rocketing with our health care system. what does work. We’ve put forward a we preserve patient access to primary Every family, every business, every in- plan, and we’re in the very beginning care. And one way to do that is to individual in this country is impacted by stages. There is a lot of negotiation crease the number of primary care pro- the cost of health care and not just that’s going to go into this, both in the viders by increasing the number of with what you’re paying directly for House and in the other body, to talk residency program slots for primary your health care costs—what your co- about how we can achieve that goal—

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.122 H11JNPT1 jbell on PROD1PC69 with HOUSE H6614 CONGRESSIONAL RECORD — HOUSE June 11, 2009 but make no mistake. As the gentle- tioners—and it’s one of the things we rather be? Where is the patient going woman knows, we are not going to fail. want to address. to get the highest quality care? We are going to pass a health care bill I’m sure that the gentleman has We don’t do that right now in our this year because the American people heard the concept of medical homes. health care system. If you have a have demanded that we do that. Maybe you’ll want to talk about that, chronic disease, there are some cases— As I said, it affects everybody in this about the idea of an ongoing relation- and certainly it would be on an indi- country. The cost increases that are ship, about the fact that we’re really vidual basis and in conversation with double and triple the rate of inflation interested in this health care form of your physician—where it shouldn’t be every single year are simply creating a new opportunity to reim- determined based on reimbursement, unsustainable. We are never going to burse primary care practitioners for based on money, as to what setting in get ourselves out of the budget crisis that kind of ongoing relationship with which you’re going to get that care. It that we have over the long term, our patients so that they know which spe- should be: What is the best outcome annual budget deficit and our struc- cialists to see and so that they can likely based on the setting that you tural debt that we have, unless, as the help people sort through the many get? If home- and community-based President says, we bend that cost curve medications they take. I was just going care is the best setting, we shouldn’t on health care. We have to bring costs to give you one number, which my staff provide a financial disincentive to get more into line with the rate of general gave me earlier, which I was really it there. If that’s the most appropriate, inflation. quite struck by. cost-effective setting and, most impor- Ms. SCHWARTZ. Would the gen- It said that medical beneficiaries tantly, that’s where the patient wants tleman yield for just a moment? with 5 or more chronic conditions see to be and that’s where his family wants I think, when some of our constitu- an average of 13 different physicians the patient to be, then, by all means, ents hear some of those words, they per year and are prescribed an average we should incentivize that setting. really want to know—and I think of 50 different prescriptions. We’re not doing that today. that’s one of the things that we’re real- That’s a lot to sort through if you’re Ms. SCHWARTZ. If the gentleman ly interested in pursuing here. They not an expert. It really is. Think about would yield, I appreciate very much want to know: Well, does it mean I’m actually having someone you can talk your raising the issue of health infor- going to get less health care? Does it to and say: Wait a minute, do I really mation technology. You’re absolutely mean I’m not going to get what I need? need to take these? Should I still be right. Does it mean I’m going to go to the taking these? Shouldn’t I? You know, The health industry has been so slow emergency room, and they’re going to who do I ask about this? to really be involved—to really use the turn me away? I’m sure you’ve heard some of these computer, to use information tech- The fact is we’re trying to be smarter stories from your own constituents and nology—in a way that so many other than that. We want to say no. What probably from some of your own pro- industries have been. As any of us we’re saying instead is that we want to viders as well. know who started out in our profes- make sure you get the right services Mr. ALTMIRE. I have, and I thank sional careers not using computers, I when you need them. I’m sure you hear the gentlewoman. think we sometimes were slow or were from constituents who find that they There is a lot to talk about just with anxious to do it. We were nervous don’t go to emergency rooms because this one concept, with this one compo- about that. there simply aren’t doctors in their nent of health care. Part of the issue I remember someone who worked for communities. I remember when I was that we’ll, I’m sure, get into is that of me a number of years ago who resisted growing up that there was a general computerized medical records, of hav- it completely. She said: Don’t be silly, practitioner down the street. We all ing an electronic health record that I know exactly what I’m doing. I take went to him. I’ll bet there’s no general you carry with you everywhere so you notes. I do fine. We finally told her she practitioner there anymore. I know, in avoid this situation that the gentle- had to use a computer. We just told her parts of my own district, we’ve seen woman described where you have, as a that we were doing it. Just a few some hospital units close. We’ve seen consumer, 50 different medications months later, I remember the com- doctors’ offices close. It just isn’t the when you show up at a provider’s some- puter system went down, and she was way medicine is practiced right now. where that’s out of your hometown. like: Oh, my goodness. How can I func- The truth is, with reimbursement to If I go to San Diego and put my ATM tion? insurance companies and with what card in the machine, I can pull up all of Well, you can imagine this in health we’ve done under Medicare, we’ve not my financial records safely and se- care, which has been so paper-driven created any incentive for doctors or curely. I never think about privacy. If and so labor-intensive, the idea that nurse practitioners to go and open of- on that same trip I end up in the emer- physicians would have this at their fin- fices in small communities and provide gency room, they don’t have my med- gertips even within their own city or those kinds of services. Instead, we’ve ical history. They don’t have my fam- even within their own medical practice encouraged them to become specialists, ily’s medical history. They don’t have sometimes. I was talking with a med- to really do the fancy kinds of things. my allergies, my prescription drug reg- ical practitioner who said: Some- While we need them and while we want imen. They don’t have any imaging times—I don’t know—a patient could to make sure we have those specialized that I might have had taken—x rays have been in my office, seeing another physicians there and available for us and so forth. doctor the day before, and because the and while that has got to be covered, if There is no reason that health care notes weren’t transcribed yet, I don’t we only cover that, if we only focus on has to be the only industry in the coun- know happened—or 3 days ago. that, we’ve really forgotten sort of the try that hasn’t gone to an inter- Another example: A patient who is simple things, you know, which are: connected/interoperable health infor- just visiting Geisinger health system How do you really talk to patients mation technology system, which is in Pennsylvania—a great model. The and make sure that they understand part of where the gentlewoman is primary care physician has the ability what they need to do? How do we actu- going. to see the hospital records while pa- ally make sure that we have a shared The other part—and this is a great tients are in the hospital. So they responsibility instead of a patient’s point—is we have to begin to have our don’t have to wait 3 weeks for special- saying: Oh, I’m sure I can just go and reimbursement system structured in a ists who saw them in the hospital to get a pill for that. Wouldn’t we all love way that we incentivize the quality of write them a summary, have it dic- that, to be able to take a pill and we’d care rather than the volume of care. tated and mailed to the primary care all be fine. It takes more personal re- We should not just talk about how physician 3 weeks later or 4 weeks sponsibility, and it takes a patient-doc- often the patient goes to see a doctor later. tor relationship. That’s often what’s and then reimburse based solely on It turns out those 3 or 4 weeks are in- missing is that ongoing relationship that. We should be reimbursed based credibly important, after discharge, for with primary care providers—that’s on: What is the appropriate setting for the patient to be following the advice both physicians and nurse practi- the patient? Where would the patient of the physician and knowing what to

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.123 H11JNPT1 jbell on PROD1PC69 with HOUSE June 11, 2009 CONGRESSIONAL RECORD — HOUSE H6615 do. It’s a very uncertain time. You comment on quality of care and med- the emergency room. And that’s what need to be able to have contact with ical errors. we’re going to do as well. your primary care physician during According to the Institute of Medi- So I did want to just finish up by say- that time, and the primary care physi- cine, there are 100,000 people every year ing that this health care reform effort cian needs to know firsthand what hap- who lose their lives due to a prevent- that we are engaged in is complicated, pened to you. able medical error. Needless to say, but it’s also very important. We want An electronic medical record is ex- with each one of those individuals, to make sure that, again, our busi- tremely important in helping a pri- there is a tragic component to their nesses are able to continue to provide mary care physician provide the right personal stories—to their families or health coverage for their employees, care for you and prevent a re-admis- certainly to their own losses of life. that families can afford it if they’re on sion, which is a huge cost for all of us. There is also a burden to the health their own, and small businesses or indi- We’ve talked a lot about that in terms care system of medical errors because viduals can afford to pay for health of infections, but there are a lot of rea- there are hundreds of thousands more care, and that government can con- sons people get re-admitted to the hos- who, because of preventable medical tinue to meet our obligations under pital. If we can prevent that by the errors, are injured. Their treatment Medicare for our seniors, something so right kind of home care, as you pointed costs more, and each one of those indi- important. out, or by the right care and attention viduals, more importantly, has suffered And we’re only going to be able to do from a primary care physician, that is a severe medical setback. Their fami- that if we do a better job of not only going to help that person stay lies are impacted by that. Their lives incentivizing, providing reimburse- healthier, but it is also going to help may never be the same. ment, for delivery systems, medical that person get the care he wants. In the aggregate, when we talk about providers, doctors and nurses, and all I know we talked about this, too, cost reduction, something as simple as of the many health care practitioners which is, in terms of improving qual- preventing infection, as the gentle- that are so important to us. We have to ity, there are now critical protocols. woman talked about, or as simple as make sure that they have the reim- We like to think that every one of our preventing medical errors through the bursement, they have the tools to be physicians knows exactly what to do use of information technology, these able to provide the care in the right for us. By and large, most of our physi- are things that are going to save bil- settings in the community to help us, cians, fortunately, are pretty good. As lions of dollars for our health care sys- have the information we need, have the for all of us, if you have to do five tem in the aggregate. More impor- right medical device to work with us to things for somebody when one comes to tantly, they’re going to increase qual- be healthier. you because one has some particular ity for every individual who enters our At the end of the day, our hope, I be- health condition and you tend to do health care system and will prevent lieve, is not only that we will extend four of those five most of the time, these medical errors. coverage, not only that we will contain you’re probably pretty good. It turns So the gentlewoman is correct that, costs, not only that we will improve out, if you actually do all five every when you look at even that one seg- quality, but at the end of the day, time, your patients are going to be a ment of health care reform, you’re Americans will be healthier. And if whole lot better off for it. talking about billions of dollars. Americans are healthier, we will, in So, you know, maybe we’re not used You’re talking about the quality com- fact, contain costs and be able to afford to the fact that the doctor might actu- ponent—impacting lives in a way that to make sure that we have no child in ally look that up on the electronic is exponential throughout the health America without health coverage, that medical record and have to check it care system, not just involving one we don’t have families who are bank- off, but it turns out that it really person. rupt as a result of health coverage, makes a big difference when you really b 2000 that we don’t have families worrying did remember to remind one to stop every day because they have one fam- smoking and when you really did re- Ms. SCHWARTZ. I was going to men- ily member with a chronic disease and member to tell a parent to put a child tion something else, too, that I think they can’t get insurance and that they in a seatbelt. I mean all of those things that’s a really important and good can’t act responsibly. That is certainly may not seem so directly connected to point is that one of the other points something that we want to do. what a physician was seeing one for, that we make that we’re also trying to It’s a goal that the President has set but it enables the physician to make do in health care reform in terms of out. It’s a goal that many of us have sure one gets the care one needs: Re- prevention and chronic disease man- worked for years on. We’re working mind them about mammograms. It’s agement is that so many health poli- hard right now to make it happen, and time. If a woman hasn’t had a mammo- cies that people buy, the up-front costs I look forward to standing on this floor gram for 3 or 4 years, maybe it’s time, are really on them and so that prevent- to have the opportunity to vote for not to mention making sure that they ative services—the screening, the early comprehensive health care reform that take the right medications and follow intervention, the simple doctor visits will contain costs, that will improve the right orders. that can reduce the incidents of disease quality, that will help enable every So electronic medical records are and keep you out of the hospital and American to have access to affordable, what—you’re right—the new Dems keep you healthy—sometimes that’s meaningful health coverage in this have really championed, and we have, what you have to pay out of pocket for. country. of course, a President who has cham- Some people say, Good. You should I yield back the balance of my time. pay out of pocket. I think we have to pioned it as well. We put in $19 billion f in the Recovery and Reinvestment Act understand what we’re doing in health to really help push this forward in a care reform is very much about a LEAVE OF ABSENCE much more ambitious way—the use of shared responsibility. By unanimous consent, leave of ab- electronic medical records in our phy- We were talking about providing sence was granted to: sicians’ offices and in our hospitals and some subsidies for lower-income work- Mr. HIMES (at the request of Mr. having them be secure, private and ing people. Everybody is going to have HOYER) for today on account of death interoperable. It’s absolutely key. to pay into the system. We’re going to in the family. I don’t know if you wanted to com- keep the employer-based system. We’re Mr. HILL (at the request of Mr. ment on that or on other issues related going to help those who really are at a HOYER) for today until 1 p.m. on ac- to primary care or on other things that lower income be able to pay on a slid- count of personal reasons. we can do with the delivery system ing-scale basis for health insurance ei- Ms. CORRINE BROWN of Florida (at the that really will help us be able to con- ther in the private system or public op- request of Mr. HOYER) for today after 2 tain costs and to give better care to tion. But the fact is that we should be p.m. on account of district business. people. creating incentives to get early care: Mr. BACA (at the request of Mr. Mr. ALTMIRE. I wanted to comment, not wait too long, not wait until HOYER) for today and June 12 on ac- following up on the gentlewoman’s they’re sick, not wait until they go to count of a death in the family.

VerDate Nov 24 2008 02:34 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JN7.125 H11JNPT1 jbell on PROD1PC69 with HOUSE H6616 CONGRESSIONAL RECORD — HOUSE June 11, 2009 Mr. POE of Texas (at the request of 2108. A letter from the Assistant Secretary Gear by American Fisheries Act Catcher Mr. BOEHNER) for today after 4 p.m. on Legislative Affairs, Department of State, Processors in Bycatch Limitation Zone 1 of account of official business. transmitting certification of a proposed the Bering Sea and Aleutian Islands Manage- technical assistance agreement to include ment Area [Docket No.: 0810141351-9087-02] f the export of technical data, defense serv- (RIN: 0648-XO63) received May 20, 2009, pursu- ices, and defense articles to Mexico (Trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee SPECIAL ORDERS GRANTED mittal No. DDTC 015-09), pursuant to 22 on Natural Resources. By unanimous consent, permission to U.S.C. 39, 36(c); to the Committee on Foreign 2119. A letter from the Director Office of address the House, following the legis- Affairs. Sustainable Fisheries, NMFS, National Oce- lative program and any special orders 2109. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- heretofore entered, was granted to: Legislative Affairs, Department of State, mitting the Administration’s final rule — transmitting certification of a proposed Fisheries of the Caribbean, Gulf of Mexico, (The following Members (at the re- manufacturing license agreement with Israel and South Atlantic; Snapper-Grouper Re- quest of Mr. POLIS) to revise and ex- (Transmittal No. DDTC 039-09), pursuant to sources of the South Atlantic; Trip Limit tend their remarks and include extra- 22 U.S.C. 39, section 36(d); to the Committee Reduction [Docket No.: 060525140-6221-02] neous material:) on Foreign Affairs. (RIN: 0648-XO46) received May 20, 2009, pursu- Ms. WOOLSEY, for 5 minutes, today. 2110. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee Ms. GIFFORDS, for 5 minutes, today. Legislative Affairs, Department of State, on Natural Resources. transmitting certification of a proposed Mr. RYAN of Ohio, for 5 minutes, 2120. A letter from the Director Office of manufacturing license agreement with today. Sustainable Fisheries, NMFS, National Oce- Japan (Transmittal No. DDTC 033-09), pursu- anic and Atmospheric Administration, trans- Ms. KAPTUR, for 5 minutes, today. ant to 22 U.S.C. 39, section 36(d); to the Com- mitting the Administration’s final rule — Ms. JACKSON-LEE of Texas, for 5 min- mittee on Foreign Affairs. Fisheries of the Northeastern United States; utes, today. 2111. A letter from the Assistant Secretary Atlantic Herring Fishery; Total Allowable (The following Members (at the re- Legislative Affairs, Department of State, Catch Harvested for Management Area 2 quest of Mr. MCCLINTOCK) to revise and transmitting certification of a proposed [Docket No.: 061228342-7068-02] (RIN: 0648- extend their remarks and include ex- manufacturing license agreement with XO47) received May 20, 2009, pursuant to 5 Japan (Transmittal No. DDTC 031-09), pursu- traneous material:) U.S.C. 801(a)(1)(A); to the Committee on Nat- ant to 22 U.S.C. 39, section 36(d); to the Com- ural Resources. Mr. PAULSEN, for 5 minutes, today. mittee on Foreign Affairs. 2121. A letter from the Director Office of Mr. MORAN of Kansas, for 5 minutes, 2112. A letter from the Assistant Secretary Sustainable Fisheries, NFMS, National Oce- June 18. Legislative Affairs, Department of State, anic and Atmospheric Administration, trans- Mr. POE of Texas, for 5 minutes, June transmitting certification of a proposed mitting the Administration’s final rule — 18. manufacturing license agreement with Mex- Fisheries of the Exclusive Economic Zone Mr. JONES, for 5 minutes, June 18. ico (Transmittal No. DDTC 029-09), pursuant Off Alaska; Pollock in the West Yakutat Dis- to 22 U.S.C. 39, section 36(d); to the Com- Mr. BISHOP of Utah, for 5 minutes, trict of the Gulf of Alaska [Docket No.: mittee on Foreign Affairs. today. 0910091344-9056-02] (RIN: 0648-XO32) received 2113. A letter from the Assistant Secretary May 20, 2009, pursuant to 5 U.S.C. Mr. MANZULLO, for 5 minutes, today. Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Natural Mr. GINGREY of Georgia, for 5 min- transmitting certification of a proposed Resources. utes, today. manufacturing license agreement with 2122. A letter from the Secretary, Depart- Mr. GOODLATTE, for 5 minutes, today. Japan (Transmittal No. DDTC 035-09), pursu- ment of Transportation, transmitting the Mrs. BACHMANN, for 5 minutes, today. ant to 22 U.S.C. 39, section 36(d); to the Com- Department’s 2008 Biennial Report to Con- (The following Member (at his re- mittee on Foreign Affairs. gress and the National Transportation Safe- 2114. A letter from the Assistant Secretary ty Board on the regulatory status of open quest) to revise and extend his remarks Legislative Affairs, Department of State, safety recommendations relating to several and include extraneous material:) transmitting certification of a proposed safety issues, pursuant to 49 U.S.C. 1135(d), Mr. CARTER, for 5 minutes, today. manufacturing license agreement with the amended by Public Law 108-168, section 9; to United Arab Emirates (Transmittal No. f the Committee on Transportation and Infra- DDTC 019-09), pursuant to 22 U.S.C. 39, sec- structure. tion 36(c); to the Committee on Foreign Af- ADJOURNMENT 2123. A letter from the Deputy Director, fairs. NIST, Department of Commerce, transmit- Ms. SCHWARTZ. Mr. Speaker, I 2115. A letter from the Secretary, Depart- ting the Department’s final rule — Construc- move that the House do now adjourn. ment of Energy, transmitting the Semi- tion Grant Program Notice of Availability of The motion was agreed to; accord- annual Report of the Inspector General and Funds [Docket No: 080411556-8593-01] received ingly (at 8 o’clock and 5 minutes p.m.), the Semiannual Report on Final Action Re- May 20, 2009, pursuant to 5 U.S.C. sulting from Audit Reports for the period Oc- the House adjourned until tomorrow, 801(a)(1)(A); to the Committee on Science tober 1, 2008 through March 31, 2009, pursuant Friday, June 12, 2009, at 9 a.m. and Technology. to 5 U.S.C. app. (Insp. Gen. Act), section 5(b); 2124. A letter from the Deputy Director, f to the Committee on Oversight and Govern- NIST, Department of Commerce, transmit- ment Reform. EXECUTIVE COMMUNICATIONS, 2116. A letter from the Acting Adminis- ting the Department’s final rule — Tech- ETC. trator, General Services Administration, nology Innovation Program (TIP) Notice of Availability of Funds and Announcement of Under clause 2 of Rule XXIV, execu- transmitting the Semiannual Report of the Inspector General and the Semiannual Re- Public Meeting (Proposers’ Conference) tive communications were taken from [Docket No.: 090318324-9325-01] (RIN: 0693- the Speaker’s table and referred as fol- port on Final Action Resulting from Audit Reports for the period October 1, 2008 ZA89) received May 20, 2009, pursuant to 5 lows: through March 31, 2009, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 2106. A letter from the Assistant Secretary app. (Insp. Gen. Act), section 5(b); to the Science and Technology. Legislative Affairs, Department of State, Committee on Oversight and Government f transmitting certification of a proposed li- Reform. cense for the export of defense articles and 2117. A letter from the Director Office of REPORTS OF COMMITTEES ON services to the United Kingdom, Germany, Sustainable Fisheries, NMFS, National Oce- PUBLIC BILLS AND RESOLUTIONS the Netherlands, Sweden, Luxembourg, Bel- anic and Atmospheric Administration, trans- Under clause 2 of rule XIII, reports of gium, France and Kazakhstan (Transmittal mitting the Administration’s final rule — committees were delivered to the Clerk No. DDTC 022-09), pursuant to 22 U.S.C. 39, Fisheries of the Exclusive Economic Zone 36(c); to the Committee on Foreign Affairs. Off Alaska; Pollock in the West Yakutat Dis- for printing and reference to the proper 2107. A letter from the Assistant Secretary trict of the Gulf of Alaska [Docket No.: calendar, as follows: Legislative Affairs, Department of State, 0910091344-9056-02] (RIN: 0648-XO38) received Mr. POLIS: Committee on Rules. House transmitting certification of a proposed May 20, 2009, pursuant to 5 U.S.C. Resolution 532. Resolution providing for the technical assistance agreement to include 801(a)(1)(A); to the Committee on Natural consideration of the Senate amendment to the export of technical data, defense serv- Resources. the bill (H.R. 1256) to protect the public ices, and defense articles to the United King- 2118. A letter from the Director Office of health by providing the Food and Drug Ad- dom, Russia, Germany, the Netherlands, Sustainable Fisheries, NMFS, National Oce- ministration with certain authority to regu- Sweden, Luxembourg, Belgium, France and anic and Atmospheric Administration, translate tobacco products, to amend title 5, Kazakhstan (Transmittal No. DDTC 023-09), mitting the Administration’s final rule — United States Code, to make certain modi- pursuant to 22 U.S.C. 39, 36(c); to the Com- Fisheries of the Exclusive Economic Zone fications in the Thrift Savings Plan, the mittee on Foreign Affairs. Off Alaska; Directed Fishing With Trawl Civil Service Retirement System, and the

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Federal Employees’ Retirement System, and By Mr. JOHNSON of Georgia (for him- Mr. RYAN of Wisconsin, Mr. SCALISE, for other purposes (Rept. 111–145). Referred self, Ms. JACKSON-LEE of Texas, and Mr. SESSIONS, Mr. SIMPSON, Mr. to the House Calendar. Mr. GRAYSON): SMITH of Texas, Mr. SOUDER, Mr. SUL- H.R. 2822. A bill to help Federal prosecu- LIVAN, Mr. THOMPSON of Pennsyl- f tors and investigators combat public corrup- vania, Mr. THORNBERRY, Mr. WAMP, PUBLIC BILLS AND RESOLUTIONS tion by strengthening and clarifying the law; Mr. WESTMORELAND, and Mr. YOUNG to the Committee on the Judiciary. of Alaska): Under clause 2 of rule XII, public By Mr. COFFMAN of Colorado (for H.R. 2828. A bill to provide the United bills and resolutions of the following himself, Mr. LAMBORN, Mr. ROONEY, States with a comprehensive energy package titles were introduced and severally re- and Mr. HARPER): to place Americans on a path to a secure eco- ferred, as follows: H.R. 2823. A bill to amend the Uniformed nomic future through increased energy inno- and Overseas Citizens Absentee Voting Act vation, conservation, and production; to the By Mr. MCGOVERN (for himself, Mrs. to enhance and improve certain procedures Committee on Ways and Means, and in addi- EMERSON, Mr. MOORE of Kansas, and relating to voting by absent members of the tion to the Committees on Natural Re- Mr. JACKSON of Illinois): uniformed services, and for other purposes; sources, Energy and Commerce, Science and H.R. 2817. A bill to address global hunger to the Committee on House Administration, Technology, Rules, and Oversight and Gov- and improve food security through the devel- and in addition to the Committee on Armed ernment Reform, for a period to be subse- opment and implementation of a comprehen- Services, for a period to be subsequently de- quently determined by the Speaker, in each sive governmentwide global hunger reduc- termined by the Speaker, in each case for case for consideration of such provisions as tion strategy, the establishment of the consideration of such provisions as fall with- fall within the jurisdiction of the committee White House Office on Global Hunger and in the jurisdiction of the committee con- concerned. Food Security, and the creation of the Per- cerned. By Mr. CARSON of Indiana (for him- manent Joint Select Committee on Hunger, By Mrs. CHRISTENSEN (for herself, self, Mr. KENNEDY, Mr. STARK, Mr. and for other purposes; to the Committee on Mr. HERGER, and Mr. BOUSTANY): DAVIS of Illinois, Ms. NORTON, Mr. Foreign Affairs, and in addition to the Com- H.R. 2824. A bill to enhance the conduct RUSH, Mr. GUTIERREZ, Ms. JACKSON- mittees on Agriculture, and Rules, for a pe- and support of federally funded comparative LEE of Texas, Mr. LEWIS of Georgia, riod to be subsequently determined by the effectiveness research relating to health Mr. AL GREEN of Texas, Ms. LEE of Speaker, in each case for consideration of care, and for other purposes; to the Com- California, Ms. FUDGE, Ms. EDWARDS such provisions as fall within the jurisdic- mittee on Energy and Commerce, and in ad- of Maryland, and Mr. MEEKS of New tion of the committee concerned. dition to the Committees on Ways and York): By Mr. MCNERNEY (for himself and Means, Armed Services, and Veterans’ Af- H.R. 2829. A bill to ensure prompt access to Mrs. BONO MACK): fairs, for a period to be subsequently deter- supplemental security income, social secu- H.R. 2818. A bill to amend the Public mined by the Speaker, in each case for con- rity disability, and medicaid benefits for per- Health Service Act to provide for the estab- sideration of such provisions as fall within sons released from certain public institu- lishment of a drug-free workplace informa- the jurisdiction of the committee concerned. tions; to the Committee on Ways and Means, tion clearinghouse, to support residential By Ms. SHEA-PORTER (for herself, Ms. and in addition to the Committee on Energy methamphetamine treatment programs for MOORE of Wisconsin, Mr. CARNAHAN, and Commerce, for a period to be subse- pregnant and parenting women, to improve Mr. MCGOVERN, Ms. SCHAKOWSKY, Mr. quently determined by the Speaker, in each the prevention and treatment of meth- DEFAZIO, Mr. NYE, and Mr. BISHOP of case for consideration of such provisions as amphetamine addiction, and for other pur- New York): fall within the jurisdiction of the committee poses; to the Committee on Energy and Com- H.R. 2825. A bill to require the Secretary of concerned. merce. Defense to debar from contracting with the By Mr. COURTNEY (for himself and By Mrs. MALONEY (for herself, Mrs. Department of Defense any company found Ms. SHEA-PORTER): CAPPS, Mr. OLVER, Mr. FRANK of Mas- to have jeopardized the health or safety of H.R. 2830. A bill to amend title 38, United sachusetts, Ms. ROYBAL-ALLARD, Mr. Government personnel or found guilty of States Code, to direct the Secretary of Vet- LEVIN, Mr. MEEKS of New York, Ms. contract fraud, and for other purposes; to the erans Affairs to give priority to unemployed KAPTUR, Mr. SNYDER, Ms. SCHWARTZ, Committee on Armed Services. veterans in furnishing hospital care, medical services, and nursing home care to certain and Mr. MORAN of Virginia): By Ms. BEAN (for herself, Mr. CARSON veterans assigned to priority level 8; to the H.R. 2819. A bill to amend the Civil Rights of Indiana, Mr. RODRIGUEZ, Mr. Committee on Veterans’ Affairs. Act of 1964 to protect breastfeeding by new ISRAEL, Mr. RYAN of Ohio, Mr. HIMES, By Mrs. DAHLKEMPER (for herself, mothers; to provide for a performance stand- and Ms. SHEA-PORTER): ard for breast pumps; and to provide tax in- H.R. 2826. A bill to amend the Internal Rev- Mr. LANCE, Mr. BRADY of Pennsyl- centives to encourage breastfeeding; to the enue Code of 1986 to allow employers a credit vania, Mr. CONNOLLY of Virginia, Mr. Committee on Ways and Means, and in addi- against income tax for the cost of tele- DENT, Mr. SCOTT of Virginia, Mr. tion to the Committees on Energy and Com- working equipment and expenses; to the HIMES, and Mr. SIRES): H.R. 2831. A bill to amend the Employee merce, and Education and Labor, for a period Committee on Ways and Means. Retirement Income Security Act of 1974 and to be subsequently determined by the Speak- By Mr. BUTTERFIELD: er, in each case for consideration of such pro- H.R. 2827. A bill to amend the Digital Tele- the Public Health Service Act to require the visions as fall within the jurisdiction of the vision Transition and Public Safety Act of option of extension of dependent coverage for unmarried, uninsured children under 30 committee concerned. 2005 to provide for a coupon program for tele- years of age under group health plans and By Mr. FARR (for himself, Mr. vision antennas; to the Committee on En- under group and individual health insurance BILBRAY, Mrs. BONO MACK, Mrs. ergy and Commerce. coverage; to the Committee on Energy and CAPPS, Mrs. DAVIS of California, Ms. By Mr. BISHOP of Utah (for himself, Commerce, and in addition to the Committee ESHOO, Mr. FILNER, Mr. HONDA, Mr. Mr. AKIN, Mr. ALEXANDER, Mrs. on Education and Labor, for a period to be HUNTER, Mr. ISSA, Ms. MATSUI, Ms. BACHMANN, Mr. BONNER, Mr. subsequently determined by the Speaker, in WOOLSEY, Mr. BACA, and Mr. THOMP- BOOZMAN, Mr. BOUSTANY, Mr. BRADY each case for consideration of such provi- SON of California): of Texas, Mr. BROUN of Georgia, Mr. sions as fall within the jurisdiction of the H.R. 2820. A bill to amend title XVIII of the BROWN of South Carolina, Mr. BUR- committee concerned. Social Security Act to transition to the use TON of Indiana, Mr. CARTER, Mr. By Mr. EDWARDS of Texas: of metropolitan statistical areas as fee CASSIDY, Mr. CHAFFETZ, Mr. COFFMAN H.R. 2832. A bill to require the Secretary of schedule areas for the physician fee schedule of Colorado, Mr. CONAWAY, Mr. the Treasury to develop a strategy and in California under the Medicare Program; CULBERSON, Ms. FALLIN, Mr. FLEM- timeline for the repayment of assistance re- to the Committee on Energy and Commerce, ING, Ms. FOXX, Mr. FRANKS of Ari- ceived by financial institutions under the and in addition to the Committee on Ways zona, Mr. GALLEGLY, Mr. GINGREY of Troubled Asset Relief Program, and for other and Means, for a period to be subsequently Georgia, Mr. GOODLATTE, Mr. HARP- purposes; to the Committee on Financial determined by the Speaker, in each case for ER, Mr. HELLER, Mr. HENSARLING, Mr. Services. consideration of such provisions as fall with- HERGER, Mr. HOEKSTRA, Mr. HUNTER, By Mr. ELLISON (for himself, Ms. in the jurisdiction of the committee con- Ms. JENKINS, Mr. SAM JOHNSON of SCHAKOWSKY, Mr. TIERNEY, and Mr. cerned. Texas, Mr. JORDAN of Ohio, Mr. JOHNSON of Georgia): By Mr. ROGERS of Kentucky (for him- LAMBORN, Mr. LATTA, Mr. LEE of New H.R. 2833. A bill to require a minimum loss self and Mr. WHITFIELD): York, Mr. LINDER, Mr. LUCAS, Mrs. ratio for 90 percent for health insurance cov- H.R. 2821. A bill to direct the Secretary of LUMMIS, Mr. MANZULLO, Mr. erage offered through an insurance exchange; the Army to assist entities adversely af- MARCHANT, Mr. MCCAUL, Mr. to the Committee on Energy and Commerce. fected by a Corps of Engineers rehabilitation MCCOTTER, Mr. MCHENRY, Mr. By Mr. FALEOMAVAEGA: project relating to the Wolf Creek Dam, Ken- MCKEON, Mrs. MYRICK, Mr. H.R. 2834. A bill to direct the Adminis- tucky, and for other purposes; to the Com- NEUGEBAUER, Mr. PENCE, Mr. PITTS, trator of the National Oceanic and Atmos- mittee on Transportation and Infrastruc- Mr. POE of Texas, Mr. PRICE of Geor- pheric Administration to conduct a techno- ture. gia, Mr. RADANOVICH, Mr. REHBERG, logical capability assessment, survey, and

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A resolution supporting the By Mr. FRANK of Massachusetts (for gently needed to enable our government to goals and ideals of ‘‘National Children and himself, Mr. BLUMENAUER, Mr. FARR, meet the novel and complex challenges of Families Day’’; to the Committee on Over- Mr. MCDERMOTT, Mr. PAUL, Ms. the 21st century, and calling on the Execu- sight and Government Reform. WOOLSEY, Mr. ROHRABACHER, Mr. tive Branch to implement reforms that By Mr. FALEOMAVAEGA (for himself, GRIJALVA, Mr. THOMPSON of Cali- achieve greater agency integration for the Mr. MANZULLO, Mr. RANGEL, Mr. RA- fornia, Mr. GEORGE MILLER of Cali- effective use of the Nation’s power, military HALL, Mr. MCKEON, Mr. CROWLEY, Ms. fornia, Mr. STARK, Mr. HINCHEY, Mr. and nonmilitary; to the Committee on HIRONO, Ms. BORDALLO, Mrs. OLVER, and Ms. BALDWIN): Armed Services. CHRISTENSEN, Ms. EDDIE BERNICE H.R. 2835. A bill to provide for the medical By Mr. FORBES (for himself, Mr. JOHNSON of Texas, Mr. WILSON of use of marijuana in accordance with the laws CONNOLLY of Virginia, Mr. BOOZMAN, South Carolina, Ms. BERKLEY, Mr. of the various States; to the Committee on Mr. ROTHMAN of New Jersey, Mr. MEEKS of New York, Mr. ISSA, Mr. Energy and Commerce. WAMP, Mr. CALVERT, Mr. HERGER, Mr. FLAKE, Mr. TIBERI, Mr. CAO, Mrs. By Mr. HODES (for himself and Ms. LAMBORN, Mr. GARRETT of New Jer- BONO MACK, Ms. WATSON, Mr. PAYNE, SHEA-PORTER): sey, and Mr. MARSHALL): Mr. HINCHEY, Mr. SABLAN, Mr. SIRES, H.R. 2836. A bill to amend the National De- H. Con. Res. 149. Concurrent resolution Mr. MCDERMOTT, and Mr. ABER- fense Authorization Act for Fiscal Year 2008 calling upon the Capitol Preservation Com- CROMBIE): to improve and expand suicide prevention mission and the Office of the Architect of the H. Res. 535. A resolution commending the and community healing and response train- Capitol to place the Lincoln-Obama Bible Congress of Leaders of World and Traditional ing under the Yellow Ribbon Reintegration and a copy of Lincoln’s Second Inaugural Ad- Religions for calling upon all nations to live Program; to the Committee on Armed Serv- dress on permanent display upon the Lincoln in peace and mutual understanding; to the ices. table at the Capitol Visitor Center for the Committee on Foreign Affairs. By Mr. ISSA: benefit of all its visitors to fully understand By Mr. NEAL of Massachusetts (for H.R. 2837. A bill to amend section 276 of the and appreciate America’s history and Godly himself and Mr. WILSON of South Immigration and Nationality Act to impose heritage; to the Committee on House Admin- mandatory sentencing ranges with respect to Carolina): istration. H. Res. 536. A resolution expressing support aliens who reenter the United States after By Ms. KILPATRICK of Michigan (for having been removed, and for other purposes; for the HHT Foundation International’s des- herself, Mr. MCGOVERN, and Mr. to the Committee on the Judiciary. ignation of a ‘‘National Hereditary Hemor- SESTAK): By Ms. NORTON (for herself and Mr. rhagic Telangiectasia (HHT) Month’’ and H. Con. Res. 150. Concurrent resolution supporting efforts to educate the public CLAY): supporting the goals and ideals of African H.R. 2838. A bill to authorize the Secretary about HHT; to the Committee on Energy and American Bone Marrow Awareness Month; to of the Interior to enter into a long-term Commerce. the Committee on Energy and Commerce. ground lease for the operation and mainte- By Mr. ROGERS of Michigan: nance of Rock Creek, Langston, and East Po- By Mr. KLEIN of Florida (for himself, H. Res. 537. A resolution requesting that tomac as golf courses, and for other pur- Mr. WAXMAN, Mr. PENCE, Mr. ENGEL, the President and directing that the Attor- poses; to the Committee on Natural Re- Mr. SMITH of New Jersey, Mr. CAN- ney General transmit to the House of Rep- sources. TOR, Mr. RAHALL, Ms. BERKLEY, Mr. resentatives all information in their posses- By Mr. PASCRELL (for himself, Mr. HODES, Mr. ACKERMAN, Ms. sion relating to specific communications re- PIERLUISI, Mr. CROWLEY, Mrs. WASSERMAN SCHULTZ, Ms. SCHWARTZ, garding detainees and foreign persons sus- MALONEY, Mr. SIRES, Mr. MICA, and Mr. ROTHMAN of New Jersey, Ms. GIF- pected of terrorism; to the Committee on the Mr. TOWNS): FORDS, Ms. SCHAKOWSKY, Ms. HAR- Judiciary. MAN, Mrs. MCCARTHY of New York, H.R. 2839. A bill to amend the Internal Rev- f enue Code of 1986 to make residents of Puer- Mr. NADLER of New York, Ms. ED- to Rico eligible for the earned income tax WARDS of Maryland, Mr. SHERMAN, MEMORIALS credit; to the Committee on Ways and Mrs. LOWEY, Mr. WEINER, Mr. Under clause 4 of Rule XXII, memo- LATOURETTE, Mr. YARMUTH, Mr. Means. rials were presented and referred as fol- LEVIN, Mr. HASTINGS of Florida, Ms. By Mr. SARBANES (for himself, Mr. lows: TOWNS, Mr. DINGELL, Mr. MCGOVERN, NORTON, Mr. WEXLER, Mr. SCHIFF, 72. The SPEAKER presented a memorial of Mr. WU, Mr. BLUMENAUER, Mrs. Mr. BERMAN, Mr. POLIS, and Mr. the House of Representatives of the State of CAPPS, Ms. SUTTON, Mr. BRALEY of ISRAEL): Kansas, relative to HOUSE RESOLUTION Iowa, Mr. PERLMUTTER, Ms. H. Res. 529. A resolution condemning the No. 6022 supporting the Airborne Laser Pro- DEGETTE, Ms. SCHAKOWSKY, Ms. HAR- violent attack on the United States Holo- gram and urging the United States Congress MAN, Ms. BALDWIN, and Ms. CASTOR of caust Memorial Museum on June 10, 2009 and to provide the necessary funding for the on- Florida): honoring the bravery and dedication of H.R. 2840. A bill to amend titles XIX and United States Holocaust Memorial Museum going development and operation of the pro- XXI of the Social Security Act to ensure employees and security personnel; to the gram; to the Committee on Armed Services. payment under Medicaid and the State Chil- Committee on Natural Resources; considered 73. Also, a memorial of the Legislature of dren’s Health Insurance Program for covered and agreed to. the State of Washington, relative to Senate items and services furnished by school-based By Mr. DRIEHAUS (for himself and Mr. Joint Memorial 8003 respectfully praying health clinics; to the Committee on Energy CONYERS): that Congress institute a date certain, no and Commerce. H. Res. 530. A resolution commending the later than January 1, 2013, at which time all By Mr. SPACE (for himself and Mr. purpose of the third annual Civil Rights vendors, suppliers, and manufacturers of health information technology must comply BOCCIERI): Baseball Game and recognizing the histor- H.R. 2841. A bill to amend the Internal Rev- ical significance of the location of the game with a uniform national standard of inter- enue Code of 1986 to make permanent the en- in Cincinnati, Ohio; to the Committee on the operability, such that all electronic medical hanced charitable deduction for contribu- Judiciary. and health records can be readily shared and tions of food inventory; to the Committee on By Ms. SCHAKOWSKY: accessed across all health care providers and Ways and Means. H. Res. 531. A resolution congratulating institutions while at the same time pre- By Mr. TIAHRT (for himself, Mr. SIMP- the Northwestern University Wildcats on serving the proprietary nature of health in- SON, Mr. JONES, Mr. LAMBORN, and winning the 2009 NCAA women’s lacrosse formation technology producers that will en- Mr. ROHRABACHER): championship, and to commend North- courage future innovation and competition; H.R. 2842. A bill to rescind all stimulus western University for its pursuit of athletic to the Committee on Energy and Commerce. funds that remain unobligated; to the Com- and academic excellence; to the Committee 74. Also, a memorial of the Legislature of mittee on Appropriations. on Education and Labor. the State of Washington, relative to Senate By Mrs. MCCARTHY of New York (for By Ms. LEE of California: Joint Memorial 8012 respectfully praying herself, Mr. BISHOP of Georgia, Ms. H. Res. 533. A resolution recognizing Helen that President Obama and Secretary Clinton KILPATRICK of Michigan, Mr. Thomas for her pioneering career as a place the United Nations Convention on the LOBIONDO, Mr. CUMMINGS, Ms. BALD- woman in journalism, her lifelong commit- Elimination of All Forms of Discrimination WIN, and Ms. BORDALLO): ment to journalistic independence as an es- Against Women in the highest category of H. Con. Res. 147. Concurrent resolution ex- sential pillar of American democracy, and priority in order to accelerate the treaty’s pressing the sense of Congress regarding peo- her unflagging and honest coverage of every passage through the Senate Foreign Rela- ple in the United States with bleeding dis- President of the United States since John F. tions Committee and the United States; and orders; to the Committee on Energy and Kennedy; to the Committee on Oversight and that the Washington State Legislature urge Commerce. Government Reform. the Senate Foreign Relations Committee to

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pass this treaty favorably out of Committee Ohio, Mr. MAFFEI, Mr. BOCCIERI, Mr. SCOTT of H.R. 1692: Mr. BOOZMAN. and recommend it be approved by the full Virginia, and Mr. FARR. H.R. 1718: Mr. EHLERS. United States Senate; to the Committee on H.R. 734: Ms. HERSETH SANDLIN. H.R. 1740: Mr. ROGERS of Michigan, Mr. Foreign Affairs. H.R. 775: Mr. GRAVES, Mr. DRIEHAUS, Ms. GOODLATTE, Mr. CONAWAY, and Mr. SCHOCK. 75. Also, a memorial of the Legislature of KILROY, Mr. HUNTER, Mr. MCCLINTOCK, Mr. H.R. 1743: Mr. MCCOTTER. the State of Washington, relative to House MCKEON, and Mrs. KIRKPATRICK of Arizona. H.R. 1791: Mr. CAMPBELL. H.R. 1821: Mr. MEEK of Florida. Joint Memorial 4005 respectfully praying H.R. 780: Mr. MANZULLO, Ms. JENKINS, Mr. H.R. 1829: Mr. DAVIS of Alabama. that the United States Postal Service issue a CASTLE, Mr. LEE of New York, Mr. WILSON of H.R. 1843: Ms. EDWARDS of Maryland. South Carolina, Mr. MCKEON, Mr. DAVIS of postage stamp in commemoration of the H.R. 1855: Mr. AUSTRIA. PTON YRICK Nisei veterans’ service in the United States Kentucky, Mr. U , Mrs. M , Mr. H.R. 1868: Mr. BARRETT of South Carolina OGERS ARTLETT L Armed Forces during the Second World War; R of Alabama, Mr. B , Mr. A - and Mr. PLATTS. to the Committee on Oversight and Govern- EXANDER, Mr. MILLER of Florida, Mr. AKIN, H.R. 1894: Mr. TOWNS, Mr. DAVIS of Illinois, ment Reform. Mrs. BIGGERT, Mr. COBLE, Mr. WHITFIELD, Mrs. MYRICK, Mr. HINCHEY, and Mr. MORAN of 76. Also, a memorial of the Senate of the Mr. KINGSTON, Mrs. MCMORRIS RODGERS, Mr. Kansas. State of Alaska, relative to Senate Resolve LANCE, Mr. DENT, Mr. EHLERS, Mr. MCHENRY, H.R. 1961: Mr. CONNOLLY of Virginia. No. 5 Reaffirming support for the environ- Mr. LATTA, and Mr. ISSA. H.R. 1970: Ms. DEGETTE. mentally responsible development of the H.R. 795: Mr. DELAHUNT. H.R. 1990: Mr. LUCAS. Kensington Gold Mine; and urging the gov- H.R. 836: Mr. MEEKS of New York, Mr. BILI- H.R. 2029: Mr. MORAN of Virginia. ernor to encourage and facilitate the prompt RAKIS, Mr. SIRES, Mr. COFFMAN of Colorado, H.R. 2030: Mr. RUSH, Mr. BISHOP of Georgia, continuation or reinstatement, reactivation, Mr. ROONEY, Mr. THORNBERRY, Mr. POLIS, Mr. Ms. CORRINE BROWN of Florida, Mr. and period extension of permits authorizing THOMPSON of Mississippi, Mr. ORTIZ, and Mr. BUTTERFIELD, Mr. CARSON of Indiana, Mrs. the construction and operation of the Ken- ETHERIDGE. CHRISTENSEN, Ms. CLARKE, Mr. CLEAVER, Mr. sington Gold Mine upon a decision by the H.R. 904: Ms. BALDWIN. CLYBURN, Mr. CONYERS, Mr. CUMMINGS, Mr. United States Supreme Court in favor of the H.R. 934: Mr. GEORGE MILLER of California, DAVIS of Alabama, Mr. DAVIS of Illinois, Ms. Kensington Gold Mine; to the Committee on Mrs. NAPOLITANO, Mr. CAO, Mrs. CAPPS, Mr. EDWARDS of Maryland, Mr. FATTAH, Ms. Natural Resources. AL GREEN of Texas, Ms. LEE of California, FUDGE, Mr. AL GREEN of Texas, Ms. JACKSON- 77. Also, a memorial of the Senate of the Ms. HIRONO, Mr. HONDA, and Mr. SCOTT of LEE of Texas, Ms. EDDIE BERNICE JOHNSON of State of Michigan, relative to Senate Reso- Virginia. Texas, Mr. JOHNSON of Georgia, Ms. KIL- lution No. 44 MEMORIALIZING THE CON- H.R. 949: Mr. ELLISON. PATRICK of Michigan, Mr. CLAY, Ms. LEE of H.R. 952: Ms. DELAURO and Mr. PATRICK J. GRESS OF THE UNITED STATES TO California, Mr. MEEK of Florida, Mr. MEEKS MURPHY of Pennsylvania. ENACT THE HEARING AID ASSISTANCE of New York, Ms. MOORE of Wisconsin, Ms. H.R. 984: Mrs. MALONEY. TAX CREDIT ACT; to the Committee on NORTON, Mr. RANGEL, Ms. RICHARDSON, Mr. H.R. 1016: Ms. WOOLSEY. Ways and Means. SCOTT of Georgia, Mr. SCOTT of Virginia, Mr. H.R. 1017: Mr. LATHAM and Mr. TERRY. 78. Also, a memorial of the Senate of the TOWNS, Ms. WATERS, Mr. WATT, and Ms. H.R. 1018: Mr. GEORGE MILLER of Cali- WOOLSEY. State of Michigan, relative to Senate Reso- fornia. lution No. 45 MEMORIALIZING THE CON- H.R. 2054: Mr. DELAHUNT and Mr. PALLONE. H.R. 1030: Mr. GENE GREEN of Texas. H.R. 2060: Mr. GUTIERREZ and Ms. ROYBAL- GRESS OF THE UNITED STATES TO PASS H.R. 1064: Mr. ANDREWS, Mr. BRALEY of ALLARD. AND THE PRESIDENT OF THE UNITED Iowa, Mr. WALZ, Mr. COURTNEY, Mr. H.R. 2083: Mr. MARSHALL. STATES TO SIGN LEGISLATION THAT YARMUTH, Ms. MCCOLLUM, Ms. ROYBAL-AL- H.R. 2084: Mr. KILDEE. WILL PROVIDE FLEXIBILITY IN PRO- LARD, Mr. KISSELL, Mr. MOLLOHAN, Mr. MUR- H.R. 2095: Ms. DEGETTE, Ms. FUDGE, Mr. VIDING CARE FOR MEDICARE AND MED- THA, Mr. KANJORSKI, Mr. CUELLAR, Mr. STU- JOHNSON of Georgia, Mr. SCOTT of Virginia, ICAID DUAL ELIGIBLES AND SHARE PAK, Mr. ELLSWORTH, and Mr. SMITH of New Mr. BUTTERFIELD, Mr. CARSON of Indiana, MEDICARE SAVINGS; jointly to the Com- Jersey. Mr. WATT, Mr. CLEAVER, Ms. WATSON, Ms. mittees on Energy and Commerce and Ways H.R. 1080: Mr. BROWN of South Carolina. WATERS, Ms. JACKSON-LEE of Texas, Mr. and Means. H.R. 1132: Mr. THOMPSON of Pennsylvania, MEEKS of New York, Mr. AL GREEN of Texas, f Mr. DOYLE, Mr. LEE of New York, Mr. Ms. CORRINE BROWN of Florida, Ms. EDDIE EHLERS, Ms. FALLIN, and Mr. BERRY. BERNICE JOHNSON of Texas, Mr. ELLISON, Mr. ADDITIONAL SPONSORS H.R. 1173: Mr. THOMPSON of Pennsylvania. THOMPSON of Mississippi, Mr. H.R. 1182: Mr. CRENSHAW, Mr. BONNER, Mr. Under clause 7 of rule XII, sponsors FALEOMAVAEGA, Ms. KILPATRICK of Michigan, PUTNAM, Mr. MINNICK, Mr. STEARNS, Ms. Mr. DAVIS of Alabama, Mr. CUMMINGS, Mr. were added to public bills and resolu- EDDIE BERNICE JOHNSON of Texas, and Mr. SCOTT of Georgia, Mr. JACKSON of Illinois, tions as follows: MEEK of Florida. Mr. FATTAH, Ms. EDWARDS of Maryland, Ms. H.R. 21: Mr. SESTAK, Mr. HIMES, and Ms. H.R. 1193: Ms. BALDWIN. WOOLSEY, Mr. CONYERS, Ms. RICHARDSON, and CASTOR of Florida. H.R. 1207: Mr. WOLF, Ms. CORRINE BROWN of Mr. CLYBURN. H.R. 22: Mr. QUIGLEY and Mr. TIBERI. Florida, Ms. SPEIER, Mr. KING of Iowa, Ms. H.R. 2097: Mr. FARR, Mr. GRAYSON, Mr. CAO, H.R. 24: Mr. CAO, Ms. DELAURO, Mr. EDWARDS of Maryland, Mr. BRIGHT, Mr. CAO, Mr. LEWIS of California, Mr. FRANKS of Ari- FRELINGHUYSEN, Mr. LATTA, Mr. CROWLEY, Mr. POLIS, Mr. KUCINICH, Mr. MCKEON, Mr. zona, Mr. JACKSON of Illinois, Mr. MOLLOHAN, Mr. LUCAS, Mrs. CAPPS, Mr. DANIEL E. LUN- COBLE, Mr. BRALEY of Iowa, and Mrs. Mr. RODRIGUEZ, and Mr. TAYLOR. GREN of California, Mr. HONDA, Mr. BLUNT, SCHMIDT. H.R. 2110: Mr. COLE. Ms. GRANGER, and Mr. FRANK of Massachu- H.R. 1250: Ms. MARKEY of Colorado, Mr. H.R. 2116: Mr. ADLER of New Jersey. setts. HONDA, and Ms. FUDGE. H.R. 2124: Mr. MILLER of Florida, Mr. H.R. 1330: Mr. COHEN. H.R. 104: Mr. CARSON of Indiana. DELAHUNT, and Mr. GUTHRIE. H.R. 1339: Mr. SPRATT, Mrs. LOWEY, and Mr. H.R. 2125: Mr. LIPINSKI. H.R. 179: Mr. PRICE of North Carolina and ALEXANDER. H.R. 2139: Mr. EHLERS, Mr. PLATTS, Mr. Mr. LANGEVIN. H.R. 1351: Mr. CHAFFETZ. MCMAHON, Mr. KIND, Mr. LOEBSACK, Ms. H.R. 235: Mr. BARROW and Mr. MURPHY of H.R. 1352: Mr. DOYLE and Mr. LATHAM. CLARKE, and Ms. MOORE of Wisconsin. New York. H.R. 1360: Mr. SESTAK. H.R. 2194: Mr. SHUSTER, Mr. CHAFFETZ, Mr. H.R. 303: Mr. TAYLOR and Mr. MCINTYRE. H.R. 1361: Mr. PRICE of North Carolina. AUSTRIA, Mr. THOMPSON of Pennsylvania, H.R. 444: Mr. FARR and Mr. BOOZMAN. H.R. 1402: Mr. GENE GREEN of Texas, Mr. Mrs. MCCARTHY of New York, Mr. FORBES, H.R. 503: Ms. TITUS. KAGEN, and Mr. SIRES. Mr. BRADY of Pennsylvania, Mr. COFFMAN of H.R. 556: Mr. SESTAK, Mr. HOLT, and Mr. H.R. 1405: Mrs. MALONEY. Colorado, Mr. YOUNG of Alaska, Mr. MOORE SMITH of New Jersey. H.R. 1441: Mr. CARTER and Mr. KENNEDY. of Kansas, Mr. BOCCIERI, Mr. DEAL of Geor- H.R. 558: Mr. SCOTT of Virginia. H.R. 1466: Ms. WATSON. gia, Mr. BROWN of South Carolina, Mr. PUT- H.R. 574: Mr. PRICE of North Carolina and H.R. 1600: Ms. BORDALLO. NAM, Mr. FOSTER, Ms. TITUS, Mr. SHADEGG, Mr. BRALEY of Iowa. H.R. 1612: Mr. PALLONE, Mr. FRANK of Mas- Mr. SMITH of Washington, and Mr. WALDEN. H.R. 622: Mr. DEFAZIO. sachusetts, Mr. SESTAK, and Mr. DELAHUNT. H.R. 2209: Mr. DAVIS of Illinois. H.R. 644: Mr. MCNERNEY, Mr. SNYDER, and H.R. 1616: Mr. TIERNEY, Mr. WU, Mr. KLEIN H.R. 2245: Mr. LUJA´ N, Mr. MITCHELL, Mr. Mr. VAN HOLLEN. of Florida, and Ms. GIFFORDS. GENE GREEN of Texas, Mr. ROSKAM, Mr. H.R. 646: Mrs. MALONEY. H.R. 1619: Mr. GENE GREEN of Texas. LARSON of Connecticut, Ms. MATSUI, Mr. H.R. 664: Mr. LATHAM. H.R. 1646: Mr. LATHAM, Mr. BRALEY of BRALEY of Iowa, Ms. MOORE of Wisconsin, H.R. 676: Mr. HARE. Iowa, Mr. SCHIFF, Mr. JACKSON of Illinois, Ms. MARKEY of Colorado, Mr. BROWN of H.R. 722: Mr. CAO. Mr. DELAHUNT, and Mr. SESTAK. South Carolina, and Mr. COSTA. H.R. 729: Mr. DOYLE, Mrs. MCCARTHY of H.R. 1670: Mr. TOWNS, Mr. MAFFEI, Mr. H.R. 2248: Mr. DAVIS of Illinois, Mr. THOMP- New York, Mr. ARCURI, Mr. PASCRELL, Mr. DELAHUNT, Ms. MCCOLLUM, Mr. HOLDEN, and SON of Mississippi, and Mr. GUTIERREZ. MOORE of Kansas, Mr. CARNEY, Mr. KAN- Mr. MURPHY of Connecticut. H.R. 2254: Mr. DOYLE and Mr. FRANK of JORSKI, Mr. BRADY of Pennsylvania, Mr. H.R. 1677: Mr. COSTELLO, Ms. SCHWARTZ, Massachusetts. HOLT, Mr. MURTHA, Mr. BISHOP of Georgia, Mr. KIND, Mr. MICHAUD, Mrs. LOWEY, and Mr. H.R. 2263: Mr. GRAYSON. Mr. MILLER of North Carolina, Mr. RYAN of WELCH. H.R. 2269: Ms. ROS-LEHTINEN.

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H.R. 2272: Ms. DELAURO. H.R. 2669: Mr. DEFAZIO and Mr. MEEKS of H. Res. 288: Ms. MARKEY of Colorado, Mr. H.R. 2273: Mr. SESTAK. New York. EDWARDS of Texas, Mr. BISHOP of Georgia, H.R. 2277: Mr. YOUNG of Alaska and Mr. H.R. 2676: Mr. EDWARDS of Texas. and Mr. HONDA. ROGERS of Kentucky. H.R. 2691: Ms. MOORE of Wisconsin and Ms. H. Res. 314: Mr. DOYLE, Mr. KRATOVIL, Mr. H.R. 2287: Mr. BUCHANAN, Mr. DUNCAN, and SCHAKOWSKY. MELANCON, Mr. BARROW, Mr. WELCH, Mr. INS- Mr. MCCLINTOCK. H.R. 2695: Mr. HONDA. LEE, and Mr. SPACE. H.R. 2299: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2696: Mr. MEEK of Florida and Mr. H. Res. 350: Mr. MCINTYRE. fornia. MCGOVERN. H. Res. 366: Mr. MCINTYRE, Mr. PAYNE, Mr. H.R. 2304: Mr. ABERCROMBIE, Mr. ROE of H.R. 2736: Mr. RAHALL, Mr. MOORE of Kan- MILLER of Florida, and Mr. HOEKSTRA. Tennessee, Mrs. TAUSCHER, Mr. WILSON of sas, Mr. COHEN, Mr. WELCH, and Mr. CLEAV- H. Res. 397: Mr. BARRETT of South Caro- South Carolina, Mr. REHBERG, and Mr. FIL- ER. lina. NER. H.R. 2743: Ms. JACKSON-LEE of Texas, Mr. H. Res. 443: Mr. GRAYSON. H.R. 2314: Mr. KILDEE and Mr. SABLAN. GRAYSON, Mr. KING of Iowa, Mr. SHIMKUS, H. Res. 494: Mr. COBLE. H.R. 2329: Mr. GENE GREEN of Texas. Ms. WASSERMAN SCHULTZ, Mr. SCOTT of Geor- H. Res. 507: Mr. OBEY, Ms. ESHOO, Mr. H.R. 2345: Mr. BUYER and Mr. YOUNG of gia, Mr. LATHAM, Mr. POE of Texas, Mr. ACK- BISHOP of New York, and Mr. HIMES. Florida. ERMAN, Mr. BERRY, Mr. REHBERG, Mr. FARR, H. Res. 512: Mr. MARKEY of Massachusetts, H.R. 2350: Mr. ALTMIRE, Mr. SCHIFF, Mr. Mr. DRIEHAUS, Mr. HONDA, Mr. SHULER, Mr. Mr. BRIGHT, Mr. GUTHRIE, Mr. OBERSTAR, Mr. FILNER, and Mr. CARSON of Indiana. BUTTERFIELD, Mr. COSTA, Mr. CARNEY, Mr. DELAHUNT, Mr. MASSA, Mr. MCMAHON, Ms. H.R. 2358: Ms. DEGETTE and Ms. BALDWIN. BURTON of Indiana, Mr. HINOJOSA, Mr. MCCOLLUM, Mr. MCGOVERN, and Mr. BRALEY H.R. 2393: Mr. LAMBORN and Ms. GRANGER. TIBERI, and Mr. BARROW. of Iowa. H.R. 2403: Mr. GRAYSON. H.R. 2765: Ms. JACKSON-LEE of Texas, Mr. H. Res. 519: Mr. GUTIERREZ, Ms. KILPATRICK H.R. 2452: Mr. ETHERIDGE, Mr. HUNTER, and SHERMAN, Mr. JOHNSON of Georgia, and Mr. of Michigan, Mr. SARBANES, Mr. POE of Mr. HENSARLING. MAFFEI. Texas, and Ms. MCCOLLUM. H.R. 2472: Mr. AKIN. H.R. 2779: Mr. MORAN of Virginia. H.R. 2478: Mr. PRICE of North Carolina. H.R. 2796: Mr. MCHUGH and Mr. BURTON of f H.R. 2488: Mr. MURPHY of New York. Indiana. H.R. 2493: Mr. HALL of New York and Mr. H.J. Res. 42: Mr. DANIEL E. LUNGREN of DELETIONS OF SPONSORS FROM SHADEGG. California and Mr. PAULSEN. PUBLIC BILLS AND RESOLUTIONS H.R. 2499: Mr. CAPUANO, Mr. HEINRICH, and H.J. Res. 47: Mrs. LUMMIS, Mr. BUYER, Mr. Mr. DOGGETT. TIM MURPHY of Pennsylvania, Mr. BOEHNER, Under clause 7 of rule XII, sponsors were H.R. 2502: Mr. GRAYSON. and Mr. BLUNT. deleted from public bills and resolutions as H.R. 2512: Mr. FORTENBERRY and Mrs. H. Con. Res. 51: Mr. FALEOMAVAEGA. follows: SCHMIDT. H. Con. Res. 112: Ms. BALDWIN and Mr. H.R. 848: Ms. NORTON. H.R. 2547: Mr. BOOZMAN. HONDA. H.R. 2254: Mr. STEARNS. H.R. 2551: Mr. HODES. H. Con. Res. 118: Mr. PRICE of North Caro- H.R. 2560: Ms. SCHAKOWSKY and Mr. MACK. lina. f H.R. 2570: Ms. DEGETTE and Mr. DEFAZIO. H. Con. Res. 128: Ms. WATSON and Ms. H.R. 2574: Mr. KLEIN of Florida, Ms. ED- WOOLSEY. PETITIONS, ETC. WARDS of Maryland, and Mr. LARSON of Con- H. Con. Res. 132: Mr. LAMBORN. Under clause 1 of Rule XXII, necticut. H. Con. Res. 143: Mr. INGLIS. H.R. 2595: Mr. HINCHEY. H. Res. 90: Mr. CAO. 48. The SPEAKER presented a petition of H.R. 2607: Mr. MACK, Mr. AKIN, Mr. COLE, H. Res. 130: Mr. LARSEN of Washington. the California State Lands Commission, rel- Ms. FALLIN, Mr. FORBES, Mr. GOHMERT, Mr. H. Res. 175: Mr. DANIEL E. LUNGREN of Cali- ative to A RESOLUTION OPPOSING THE HUNTER, Mr. OLSON, Mr. PAULSEN, Mr. fornia. U.S. DEPARTMENT OF THE INTERIOR, POSEY, Mrs. SCHMIDT, Mr. WAMP, and Mr. H. Res. 193: Mr. SPRATT and Mr. ALEX- MINERALS MANAGEMENT SERVICES’ BONNER. ANDER. DRAFT PROPOSED 5-YEAR OUTER CONTI- H.R. 2648: Mr. GRAYSON, Mr. ELLISON, and H. Res. 241: Mr. PAYNE. NENTAL SHELF OIL AND GAS LEASING Mr. LOEBSACK. H. Res. 245: Mr. BURTON of Indiana and Mrs. PROGRAM FOR 2010–2015; to the Committee H.R. 2657: Mr. DEFAZIO. HALVORSON. on Natural Resources.

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Vol. 155 WASHINGTON, THURSDAY, JUNE 11, 2009 No. 87 Senate The Senate met at 10 a.m. and was GILLIBRAND, a Senator from the State of New mobiles to replace such automobiles with called to order by the Honorable York, to perform the duties of the Chair. new fuel efficient and less polluting auto- KIRSTEN E. GILLIBRAND, a Senator from ROBERT C. BYRD, mobiles. the State of New York. President pro tempore. Mr. REID. Madam President, one is Mrs. GILLIBRAND thereupon as- the drug reimportation legislation that PRAYER sumed the chair as Acting President has been around for a number of years. The Chaplain, Dr. Barry C. Black, of- pro tempore. We are trying to move forward on that fered the following prayer: f legislation. Senators DORGAN, MCCAIN, Let us pray. RECOGNITION OF THE MAJORITY SNOWE, and a number of people are Almighty God of love, whose plan for LEADER very interested in that legislation. We history is to bring unity to our world, are going to try to work it out and bring unity to this legislative body. The ACTING PRESIDENT pro tem- have this on the Senate floor on the Lord, we don’t ask for uniformity, pore. The majority leader is recog- earliest possible date. The other one is which tries to find the lowest common nized. the so-called cash for clunkers bill. denominator. We desire true unity with f I object to any further proceedings its bountiful diversity. Help our law- SCHEDULE with respect to these bills en bloc. The ACTING PRESIDENT pro tem- makers to create an environment for Mr. REID. Madam President, fol- pore. Objection is heard. The bills will such harmony. Give them the wisdom lowing the remarks of the leaders, the be placed on the calendar. to appreciate each other and to honor Senate will be in a period of morning their differences. May they see the business until 2 p.m. and Senators will f good, even in those who oppose their be allowed to speak therein for up to 10 views, knowing that out of differences minutes each. The first hour is equally can come the synthesis of truth and ac- divided between the two leaders or HONORING OFFICER STEPHEN T. tion that represents maximum wisdom their designees, with the Republicans JOHNS and influence. Empower them to serve controlling the first half and the ma- Mr. REID. Madam President, yester- one another in a way that honors You. jority controlling the next half. day, this city and our country experi- We pray in Your loving Name. Amen. Following morning business, the Sen- enced a terrible and horrifying tragedy. f ate will resume consideration of H.R. A man by the name of Stephen Johns PLEDGE OF ALLEGIANCE 1256, the Family Smoking Prevention went to work every day for the last 6 and Tobacco Control Act. The time years at one of our Nation’s most mov- The Honorable KIRSTEN E. until 2:30 will be equally divided and ing museums—a living memorial to GILLIBRAND led the Pledge of Alle- controlled between Senators DODD and one of our world’s most horrific atroc- giance, as follows: ENZI or their designees, from 2 to 2:30. ities—the Holocaust Memorial Mu- I pledge allegiance to the Flag of the At 2:30, we will vote on passage of the seum. United States of America, and to the Repub- bill. While standing guard yesterday at lic for which it stands, one nation under God, that U.S. Holocaust Memorial Museum, indivisible, with liberty and justice for all. f Mr. Stephen Johns was killed while f MEASURES PLACED ON protecting thousands of others who CALENDAR—S. 1232 and H.R. 2751 APPOINTMENT OF ACTING were inside the building from the same PRESIDENT PRO TEMPORE Mr. REID. Madam President, I under- fate that he suffered. His death has stand there are two bills at the desk shocked, upset, and angered the Sen- The PRESIDING OFFICER. The due for a second reading. ate, our Nation, and all who detest clerk will please read a communication The ACTING PRESIDENT pro tem- such senseless bloodshed. to the Senate from the President pro pore. The majority leader is correct. Mr. Johns was murdered in a place tempore (Mr. BYRD). The clerk will read the titles of the built to memorialize humanity’s most The legislative clerk read the fol- bills for a second time. unspeakable murders. He was a victim lowing letter: The legislative clerk read as follows: of violence and hatred in a place dedi- U.S. SENATE, A bill (S. 1232) to amend the Federal Food, cated to teaching us the evils of vio- PRESIDENT PRO TEMPORE, Drug, and Cosmetic Act with respect to the lence and hatred. He was a target of in- Washington, DC, June 11, 2009. importation of prescription drugs, and for To the Senate: other purposes. tolerance in a place created for reflec- Under the provisions of rule I, section 3, of A bill (H.R. 2751) to accelerate motor fuel tion on the consequences of intoler- the Standing Rules of the Senate, I hereby savings nationwide and provide incentives to ance. His death reminds us that we appoint the Honorable KIRSTEN E. registered owners of high polluting auto- have much more work to do.

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

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VerDate Nov 24 2008 01:01 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.000 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6482 CONGRESSIONAL RECORD — SENATE June 11, 2009 Stephen Johns was just 39 years old. public plan can live in harmony. When the government plan. Moreover, the He had a wife and a son. He grew up in you send a birthday present to a rel- AMA, in its statement from yesterday, Temple Hills, MD, just a few miles ative—say, I want to send something to notes that ‘‘the corresponding surge in south and east of where I stand today. one of my children in Nevada—the public plan participation would likely He still lived in that community. Mr. products that I choose can be sent by lead to an explosion of costs that would Johns started working at the Holo- FedEx, UPS, DHL, or you can choose need to be absorbed by taxpayers.’’ caust Museum after spending a year in the U.S. Postal Service. The Postal Republicans and Democrats alike New Orleans in the aftermath of Hurri- Service may not be perfect, but be- agree that health care reform is needed cane Katrina. cause that public option is there, the in this country. But a government plan Those who knew Mr. Johns called private companies—FedEx, UPS, and is not the kind of reform the American him ‘‘Big John’’ and ‘‘a gentle giant.’’ DHL—know they cannot overcharge, people want. They want real reform for Those who knew him describe him as rip you off, or slack in their service. a system that’s in serious need of it. caring, polite, friendly, and helpful. Just like our proposal for the health Unfortunately, what some in Wash- Even those who didn’t know him are care system, you don’t have to choose ington are proposing instead is the illu- deeply saddened by his loss and in- the Postal Service. But it is good to sion of a reform that will replace what spired by his heroism. know it is there. For some, it is all is good about health care in America In the spirit of the museum where they can afford. I hear every day from with something that is far worse. every day he so bravely reported for Nevadans who are asking for our help. Instead of making health care more duty, it is our duty to keep alive his They are people turned down for health affordable and accessible, these pro- memory. Today, the Holocaust Mu- coverage by insurance providers who posals could make treatments and pro- seum is closed. Its flags fly at half care more about profits than people; cedures that everyday Americans cur- staff. When it opens tomorrow, it will people who lost their health coverage rently take for granted less accessible continue to serve as one of our Na- when they lost their jobs and now have or even impossible to obtain—even as tion’s most poignant reminders of the no means of getting it back; people these proposals would add to the colos- inexcusable racism, hatred, violence, who play by the rules and rightly de- sal and unsustainable debt that already and cruelty that we must never stop mand our health care system be guided burdens the Federal Government. trying to erase from our world. When it by common sense. I have spoken repeatedly on the Sen- opens tomorrow, and every day there- Nearly two-thirds of all bankruptcies ate floor about the dangers of a govern- after, Stephen Johns’ courage and are caused by medical problems and ment-run health plan. By drawing on courtesy will be missed. the exorbitant bills that ensue. Many the experience of countries that have f of the foreclosures are both a cause and already adopted these government-run an effect for the global credit crisis and system I have pointed out the serious HEALTH CARE can be traced back to health insurance problems government-run health care Mr. REID. Madam President, our costs. creates for millions around the world. I plan to fix America’s broken health If you agree we already have enough have noted that a common defect of care system is based on a simple economic problems on our hands, if you these government-run plans is that premise: when it comes to keeping our- agree we cannot wait another year they deny, delay, and ration health selves and our loved ones healthy, peo- while 50 million Americans live with- care. And I have noted that the pri- ple—not corporations—should be in the out any options to stay healthy, then mary culprit in almost every case is driver’s seat. you will agree now is the time for ac- the so-called government board that We have a plan to right that wrong. tion, not partisan games. these countries have established to de- That plan is guided by three goals: Insurance companies are holding cide which treatments and medicines One, lower the high costs of health Americans’ health hostage. Far too patients in these countries can and care; two, ensure every American has many people cannot afford the ransom. cannot have. This morning I would like access to that quality, affordable care; If we are going to fix our broken health to focus again on these so-called gov- three, let people choose their own doc- care system, we are going to have to ernment boards, so people have an idea tors, hospitals, and health plans. return control to the people who need of what they could expect from a gov- One of those choices should be a pub- that care. ernment-run plan here in the U.S. lic option. This has two primary bene- I yield the floor. Britain’s government board, the Na- fits: First, people can choose to get f tional Institute for Health and Clinical their insurance from someone other Excellence, or NICE, is responsible for than a greedy private insurance com- RECOGNITION OF THE MINORITY setting guidelines on the use of drugs pany; second, the very existence of LEADER and treatments for patients in that that public option means there is more The ACTING PRESIDENT pro tem- country. The government bureaucrats competition in the market. As a result, pore. The Republican leader is recog- at this agency are supposed to weigh the private options will have to serve nized. the effectiveness of a medicine or a their customers even better. f treatment against its cost to the gov- The Republicans often like to pre- ernment. If the government thinks HEALTH CARE tend the government will force you to that a drug is too expensive, it can take the public option. Every time you Mr. MCCONNELL. Madam President, refuse to make it available to patients, hear them say that, you know they are the American people are frustrated regardless of any potential benefits. not interested in honest debate. After with the U.S. health care system. But Last summer, the board in Great all, it is right in the name; it is a pub- they are also increasingly concerned Britain denied patients in that country lic ‘‘option.’’ So talking about govern- about some of the proposals coming access to four kidney cancer drugs that ment forcing anybody to do anything is from Washington. Now the alarms are have the potential to extend life. simply unfair and not accurate. It is a beginning to sound. As reported in to- Here’s the chilling explanation it gave public option, meaning you have day’s New York Times, the Nation’s to justify the move. choices. doctors are strongly opposed to the so- Although these treatments are clinically If you have coverage, and you like it, called government plan that appears to effective, regrettably the cost . . . is such you can keep it. You should be able to be gaining steam in Washington. The that they are not a cost-effective use of . . . choose the best coverage for your fam- American Medical Association says the resources. ily. You should be able to compare ben- government plan threatens to restrict After a public outcry, NICE reversed efits and prices instead of surrendering patient choice by putting out of busi- its position on one of the drugs but af- to out-of-control corporations. You, ness existing health plans that cover firmed its ban on the other three. the individual, should be in control of nearly 70 percent of Americans. In New Zealand, a government board your own family’s health decisions. One estimate suggests that 119 mil- known as Pharmac reviews potential I am confident that both private in- lion Americans could lose the private drugs and treatments and decides surance companies and the option of a coverage they have as a consequence of whether they should be prescribed to

VerDate Nov 24 2008 01:01 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.001 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6483 patients in that country. Pharmac says posing new mandates or taxes that kill over the next few weeks on legislation its goal is to use its ‘‘expertise’’ to jobs. reforming our current health care sys- ‘‘help . . . decide which new hospital All of us want reform, but the gov- tem. medicines are cost-effective.’’ And like ernment-run plan some are proposing Americans are looking to Congress to the government board in Great Britain, in the United States is not the kind of enact health care legislation that pro- if Pharmac does not think a drug’s cost change Americans are looking for. We vides all Americans affordable access justifies its benefits, it can refuse to should learn the lessons from problems to health insurance and the ability to make it available to patients or doc- we have seen in countries such as choose the health insurance policy that tors who want it. Great Britain and New Zealand. We fits each American’s needs. Yesterday, One drug that Pharmac did not think should learn a lesson from the night- it was reported that 62 percent of was worth the cost was Herceptin, mares so many people in these coun- Americans support Congress enacting a which had proven to be effective in tries and their families have endured as major overhaul of the U.S. health care fighting breast cancer. Although a result of government-run health care system, according to a Diageo/Hotline Pharmac began covering the drug for and the bureaucratic government poll. advanced breast cancer in 2002, it re- boards that almost always come with I believe health care should be avail- fused to fund the drug for early stage it. able to all and not limited to where breast cancer. After a public outcry Madam President, I am about to you work or how much money you and a reevaluation of the decision, yield the floor, but before I do that, I make. I believe any proposal must use Pharmac finally relented and decided see my friend from Arizona is on the competition to improve the quality, to allow the drug for early stage breast floor. I want to express to him my availability, and affordability of health cancer in 2007, but only for a limited gratitude for his leadership on this insurance and match people’s needs, amount of treatments. very important issue. The most impor- lower prices, and promote portability. I These kinds of decisions about which tant issue we will be dealing with this believe American families, not Wash- drugs should or should not be covered year is the question of whether the ington bureaucrats or insurance com- are based on a method commonly government should literally take over panies, should be in charge of any known as ‘‘comparative effectiveness.’’ and run 16 percent of our economy. We health care decision. But I don’t be- Comparative effectiveness is not alien have seen the government take over lieve we need to expand government’s bureaucracy to control one-sixth of our to the U.S. health care system. Indeed, banks, insurance companies, and auto- economy to ensure the uninsured get the stimulus bill Congress passed ear- mobile companies. Now it appears as if health coverage. Nor do I believe lier this year included significant fund- there is an effort underway to take Americans should be asked to pay more ing to lay the groundwork for just this over health care as well. in taxes to cover the costs of any com- kind of research in the United States. I thank my friend from Arizona for prehensive health care reform legisla- In my view, the more research we do on the contribution he has made on this tion. the effectiveness of drugs and treat- important issue in the past and say we ments the better. Doctors should have Last month, the Wall Street Journal are looking forward to working to- stated: as much good information as possible gether on this in the future. But now Democrats need the money to fi- in dealing with their patients. Madam President, I yield the floor. What Americans strenuously oppose, nance $1.2 trillion or more for their new f health insurance entitlement. . . . however, is the government using this A sampler: information to deny access to treat- RESERVATION OF LEADER TIME End or limit the tax-exempt status of char- ment or procedures that patients and itable hospitals. . . . The ACTING PRESIDENT pro tem- doctors choose to pursue—just as gov- Make college students in work-study pro- pore. Under the previous order, the ernment agencies such as NICE and grams subject to the payroll tax. Also tar- leadership time is reserved. geted are medical residents, perhaps on the Pharmac do in Great Britain and New principle that they’ll one day be ‘‘rich doc- f Zealand. Americans oppose this kind of tors.’’ government-mandated limitation on MORNING BUSINESS I agree that any real health care re- health care. They simply will not allow The ACTING PRESIDENT pro tem- form proposal must address the tax it. treatment of employer-provided health That is why my friend, Senator KYL, pore. Under the previous order, there will now be a period for the transaction benefits, but not in such a way that will propose a bill that will prohibit would force Americans to fork over the government from ever using com- of morning business until 2 p.m., with Senators permitted to speak for up to more of their hard-earned money to the parative effectiveness in this way. It is Federal Government, particularly dur- a wise bill, and it should be included as 10 minutes each, with the first hour equally divided and controlled between ing these difficult times. a part of any health reform we con- Today individuals who receive health the two leaders or their designees, with sider. Americans want their doctors to insurance through their employer are the Republicans controlling the first 30 have clinical information on which not taxed on their health care benefits, minutes and the majority controlling treatments work best and which ones as we know. However, those who pur- the second 30 minutes. do not. But government bureaucrats chase coverage on their own do not re- The Senator from Arizona. should not be able to use that informa- ceive such a tax break. That is unfair tion to determine what treatments f and regressive. It hits those who need Americans can or cannot get. That is a HEALTH CARE REFORM this tax break the most—the self-em- decision we currently leave between a ployed or working poor whose em- patient and his or her doctor, and that Mr. MCCAIN. Madam President, I rise ployer does not offer health insurance is where it should remain. to discuss two issues this morning, coverage. Americans want to see changes in the health care reform and also the pend- To offset the taxable treatment of health care system, but they don’t ing supplemental spending bill that, this income, I believe Americans want changes that deny, delay, or ra- according to news reports, does not in- should have funds returned to them to tion care. They want reforms that con- clude the Senate language that explic- assist with the cost of acquiring health trol costs, even as they protect pa- itly allowed President Obama to keep insurance. An approach such as this tients. They want us to discourage friv- photos of detainee abuse during the treats individuals equally, in stark olous medical liability lawsuits that Bush administration confidential. contrast to the system we currently limit access to care in places such as I thank my friend from Kentucky, have. rural Kentucky. They want prevention the Republican leader, who has shown Key to any proposal is a policy that and wellness programs that cut costs such impressive leadership on, as he de- allows people to have accessible, port- by helping people quit smoking, over- scribes, probably the most important able, and affordable health insurance come obesity, and diagnose illnesses domestic issue that certainly will be coverage. Policies should also address early. And they want us to address the addressed by this Congress. I look for- what I hear from Americans every- needs of small businesses without im- ward to working with my colleagues where I go—choice. Americans want

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.003 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6484 CONGRESSIONAL RECORD — SENATE June 11, 2009 choice. They want choice of their doc- Russell Sullivan, the top staffer on Fi- tion public could be permanently excluded tor, their care, their coverage, and em- nance, and Jon Selib, Baucus’ chief of staff, from future negotiations, the groups rep- ployment freedom—freedom to seek met with a bloc of more than 20 contract lob- resenting businesses, health care providers, employment that is not dependent on byists, including several former Baucus hospitals and similar stakeholders are still aides. wavering on whether to voice their concerns whether an employer provides insur- ‘‘They said, ‘Republicans are having this publicly. ance coverage. This is particularly im- meeting and you need to let all of your cli- The lineup of lobbyists who attended the portant in today’s difficult economic ents know if they have someone there, that Wednesday session included a cast of Demo- times when Americans are uncertain will be viewed as a hostile act,’ ’’ said a cratic insiders similar to that at previous about whether they will have a job to- Democratic lobbyists who attended the meetings convened by Baucus’ staff. The par- morrow. Some, including the Presi- meeting. ticipants included: Jeff Forbes, a former ‘‘Going to the Republican meeting will say Baucus chief of staff who lobbies at Cauthen dent, criticize this approach. However, Forbes & Williams; Jonathon Jones, a part- the New York Times reported: ‘I’m interested in working with Republicans to stop health care reform,’ ’’ the lobbyists ner with Peck, Madigan, Jones & Stewart; The Obama administration is signaling to added. Tarplin Strategies’ Rich Tarplin, an assist- Congress that the President would support Republican leaders have been meeting with ant secretary at Health and Human Services taxing some employee health benefits. health care stakeholders for months, with in the Clinton administration; another While I appreciate the President’s those sessions occurring ‘‘more frequently former Baucus top aide, David Castagnetti, and the Democrats’ new consideration than once a month,’’ according to a senior of Mehlman Vogel Castagnetti and OB–C of such a proposal, it is not acceptable Senate GOP aide. Group founder Larry O’Brien. Democratic sources noted Wednesday that to turn this into a tax-and-spend The stated purpose of Thursday’s meeting, organized by Sen. John Thune (R–S.D.), is to Baucus is courting Republican support and health care reform. Any new resources discuss proposals for how to pay for health remains committed to treating all stake- derived from changing the existing tax care reform. holders fairly. treatment of private health insurance But the underlying motivation for the get- On Wednesday, he met with Senate Minor- should be devoted to a fairer and more together is to encourage health care lobby- ity Leader Mitch McConnell (R–Ky.) in the efficient mechanism for Americans to ists and stakeholders concerned about the Capitol, part of a marathon day of bipartisan meetings that included a session with his acquire private insurance. Democrats’ health care reform plans to speak out publicly. GOP colleagues at the White House and dis- The United States spends over $2.4 cussions with Republican members of the Fi- trillion on health care. Health insur- ‘‘They need to speak up,’’ one Senate Re- publican leadership aide said. ‘‘They need to nance Committee. ‘‘Chairman Baucus wants to continue to ance premiums continue to rise as em- help us help them.’’ ployer-based family coverage increased Thune said Democrats are using threats keep health care stakeholders informed of and Medicare and Medicaid spent $818 and intimidation to keep unhappy stake- the progress on health reform,’’ said the Sen- ator’s Finance Committee spokesman, Scott billion in 2008 and is projected to reach holders silent. Mulhauser. ‘‘This is a lengthy, trans- $1.7 trillion by 2018. ‘‘If you don’t engage on this thing, this train’s leaving the station,’’ Thune said. ‘‘If formative process, and meetings like these I also want to mention something are an essential part of the ongoing, bipar- you want [Republicans] to have more influ- that should trouble every American tisan effort to continue to keep everyone at and every Member of this Chamber. ence, you’ve got to engage.’’ One longtime health care lobbyist agreed the table working together.’’ Last week, I spoke about what the One lobbyist who attended the Wednesday that the GOP frustration is spilling out of meeting with Baucus’ staff said that the special interests were doing to derail the Capitol and onto K Street. message was more bipartisan. ‘‘They said much needed health reform dealing ‘‘It is notable that Republicans are really they anticipate having a bipartisan bill and with prescription drugs, a reform that finding their voice, and their level of frustra- that the process is going well with Repub- tion is building with the stakeholders’ in- is very bipartisan. Any Member in this licans,’’ this lobbyist said. But, the lobbyist Chamber knows I work across the aisle ability or refusal to speak out,’’ this lobbyist added, Baucus’ team did warn, ‘‘If your cli- on policies that are important to the said. ‘‘They’re getting frustrated. Repub- ents attack the process or the product, it’s American people. Health reform is one licans are doing it themselves.’’ going to be hard to work with you.’’ issue that fundamentally must be bi- One senior Democratic source charged that As for Baucus, he told reporters earlier Thune’s meeting and the supposed motives partisan. this week that he was not aware of health behind it are in fact a smoke screen for kill- care stakeholders being threatened by his All Americans are affected by what ing health care reform altogether. we do here, so we should be working in staff to play ball with the Finance Com- ‘‘While Democrats and many Republicans mittee-led negotiations or risk being black- a bipartisan manner. It is with extreme are working collaboratively to reform health balled from the process. regret that I read in ‘‘Roll Call’’ this care, a small group of Republicans appear all ‘‘I’m sure they can all say what they want morning about a meeting that Demo- too eager to derail this promising, bipartisan to say,’’ Baucus said, referring to GOP accu- cratic staff was threatening—let me re- effort,’’ this source said. ‘‘It’s politics as sations that health care lobbyists have been peat—threatening Democratic lobby- usual, it’s disheartening and it’s a shame.’’ subject to intimidations and threats. ‘‘It’s Senate Republicans are opposed to plans ists or the organizations they represent news to me. I don’t think so. I don’t know of by President Barack Obama and Congres- any.’’ against meeting with Republicans and sional Democrats to implement a govern- Republican lobbyists said they have not that attending meetings with Repub- ment-run, public plan option as a part of felt any threats from their party. licans ‘‘will be viewed as a hostile act.’’ health care reform. They also are concerned ‘‘For a while, Republicans have cautioned This is outrageous. I hope the article with how Democrats plan to pay for reform. industry to be careful about getting in bed is inaccurate. I hope the staff on the Recognizing they don’t have the votes to with the administration or Kennedy or Bau- other side does not view health reform stop legislation on their own, Republicans cus too early,’’ said Janet Grissom, a lob- as a process they control by threats are pushing their natural allies in the busi- byist at Peck, Madigan, Jones & Stewart, ness community to help bring public pres- who was once a top aide to McConnell. and hostilities. I hope we are above sure to bear as another way to influence the that. Mr. MCCAIN. Madam President, I ask outcome. unanimous consent for 3 additional Madam President, I ask unanimous Obama has set Oct. 15 as the deadline for consent to have printed in the RECORD minutes. approval of health care reform, and Demo- The ACTING PRESIDENT pro tem- the ‘‘Roll Call’’ article. cratic leaders in Congress are rushing to There being no objection, the mate- clear bills from their respective chambers by pore. Without objection, it is so or- rial was ordered to be printed in the the end of July. dered. RECORD, as follows: ‘‘Our effort has been to get these folks to f speak their mind,’’ one senior Senate Repub- [From the Roll Call, June 11, 2009] lican aide said. DETAINEE PHOTOS BAUCUS AIDES WARN K STREET After months of holding their tongues Mr. MCCAIN. Madam President, it (By David M. Drucker, Anna Palmer and while inclusive, bipartisan negotiations con- appears the House Democrats, accord- Kate Ackley) tinued in the Senate Finance and Health, ing to a ‘‘Roll Call’’ article this morn- Top aides to Senate Finance Chairman Education, Labor and Pensions committees, ing about the supplemental bill—I ask Max Baucus (D-Mont.) called a last minute, the business community has now considered unanimous consent to have printed in pre-emptive strike on Wednesday with a speaking out, given their displeasure with group of prominent Democratic lobbyists, the HELP panel’s reform bill, which was the RECORD this morning’s ‘‘Roll Call’’ warning them to advise their clients not to made public on Tuesday. article titled ‘‘Intraparty Fights Per- attend a meeting with Senate Republicans But with Baucus’ office still warning dis- vade Agenda’’ concerning the war sup- set for Thursday. senters that anyone who makes their opposi- plemental bill.

VerDate Nov 24 2008 01:37 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.003 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6485 There being no objection, the mate- But the supplemental has been largely a One senior Democratic aide said rial was ordered to be printed in the sideshow to the big push behind the scenes Lieberman’s and Graham’s threat to hold up RECORD, as follows: on health care, especially from the White the supplemental indefinitely [unless their House. provision was included] was unlikely to last [Roll Call, June 11, 2009] One House Democratic aide to a liberal and predicted that Defense Secretary Robert INTRAPARTY FIGHTS PERVADE AGENDA lawmaker said left-leaning Members have Gates would likely pressure the two defense (By Steven T. Dennis and Emily Pierce, Roll been much more focused on health care re- hawks to relent so that funding for the wars Call Staff) form and are generally happy with the direc- wouldn’t run out. tion negotiations on the issue are going. Democratic leaders appeared to clear the ‘‘The debate is no longer whether there I think this Democratic aide highly way Wednesday for passage of a $100 billion will be a public plan; it’s over what the pub- underestimates Senator LIEBERMAN, war supplemental, even as they worked furi- lic plan will look like,’’ the aide said. Senator GRAHAM, and the rest of us. ously to repair internal rifts over health care Democratic House chairmen have dis- I had a conversation with General and climate change legislation. missed a call from conservative Blue Dogs The war bill, which has swollen with items Petraeus the day before yesterday. I for a ‘‘trigger’’ option that would delay a believe those conversations are con- including a cash-for-clunkers incentive, will government-sponsored health care plan, but eliminate Senate language explicitly allow- there are still numerous fights going on be- fidential, and I asked his agreement to ing President Barack Obama to keep photos hind the scenes—including on the makeup of quote from him: If these photos are re- of detainee abuse during the Bush adminis- the plan and how to pay for it. leased, it would harm the ability of the tration confidential. Some Members fear that a Medicare-style United States military to pursue our That language was included by the Senate plan that forces doctors to participate will national security interests and could and is backed by Obama and Republicans, provoke a revolt; others worry that a public put American lives in danger. That is a but it has been a deal-breaker for House lib- plan may ultimately swallow up the entire serious statement from the most re- erals like Financial Services Chairman Bar- marketplace. ney Frank (Mass.). But parochial concerns are also proving spected military leader this Nation Frank and other Democrats who opposed paramount, with individual lawmakers de- has. the war bill originally, have committed to manding answers on how it will affect their I want to point out something very voting for it in order to help carry a $108 bil- own districts. Rep. Dennis Cardoza (D-Calif.), important. Today the President of the lion package of loans to the International a leading Blue Dog, said his district is United States could issue an Executive Monetary Fund, an Obama priority. plagued by a lack of doctors in part because order classifying those photos and not Assuming no Republican support, Demo- of low reimbursement rates under govern- allowing them to be released. He could cratic leaders need 18 of 51 anti-war Demo- ment health programs. crats to back the bill, a number that they ‘‘If that’s not addressed, I’m not voting for do it today. It is time for the President appear likely to reach despite the continued the bill,’’ he said. ‘‘We have huge amounts of of the United States to stand up to the opposition from leaders of the Congressional details to put on the bones.’’ leftwing of his party for the good of the Progressive Caucus. But health care isn’t the only issue spark- national security of this Nation. House Republican leaders had derided the ing Democratic intraparty battles. I join others, that if that supple- IMF money as a ‘‘global bailout’’ and vowed The cap-and-trade bill limiting carbon mental comes over without the provi- emissions, largely negotiated behind closed to whip hard to defeat the supplemental with sion which was adopted unanimously it included. doors in the House, has rural Democrats And even moderate House Republicans balking. by the Senate to make sure those from auto industry states appeared unlikely House Agriculture Chairman Collin Peter- photos are not released because of the to be won over by the inclusion of a cash-for- son (D-Minn.) said Wednesday that Demo- harm it would do to America’s effort in clunkers provision aimed at jump-starting crats have reached an impasse on the cli- combating radical Islamic extremism the auto industry. mate change bill. He cast doubts that his throughout the world and put the lives ‘‘That’s going to have no bearing on peo- committee would pass the bill by next week. ‘‘I think it’s very doubtful that we can get of the men and women who are serving ple’s votes on the bill,’’ Rep. Fred Upton (R– in our military in greater danger—I in- Mich.) said. ‘‘They’re not going to get hardly anything done by then,’’ Peterson said. Pelosi set a June 19 deadline for committee tend to join my friends Senator any Republican votes.’’ action on the bill, although she left open the The outcome of any Senate vote on the LIEBERMAN and Senator GRAHAM in possibility of an extension. supplemental conference report remains un- doing everything we can to oppose such Peterson previously estimated that 45 certain, given that Sens. Joe Lieberman (ID- legislation. Democrats would side with him in opposing Conn.) and Lindsey Graham (R–S.C.) threat- the climate change measure if an agreement This war supplemental is intended to ened to not only filibuster the bill, but also wasn’t reached. On Wednesday, he said that help us win this battle, the war on ter- block other Senate business if the supple- number has likely grown. rorism, dare I say. It is supposed to mental did not include their language bar- ‘‘The more people look at this, the more help the men and women who are serv- ring disclosure of the detainee abuse photos. problems they’ve got. My list has grown ing in Iraq and Afghanistan as they One senior Senate Democratic aide said since I’ve been looking at it,’’ Peterson said. Lieberman and Graham’s threat to hold up pursue an implacable and evil enemy For his part, Energy and Commerce Chair- and try to instill democracy and free- the supplemental indefinitely was unlikely man Henry Waxman (D-Calif.) said that to last and predicted that Defense Secretary there are ‘‘very constructive’’ discussions dom in these countries. And if these Robert Gates would likely pressure the two taking place and that he still wants the bill photos are made public, it will harm defense hawks to relent so that funding for on the floor before the July Fourth recess. their effort and put their lives in dan- the wars wouldn’t run out. House Majority Leader Steny Hoyer (D- ger. The trickier problem is what delay tactics Md.) said he expected to bring the war bill to I urge my colleagues to join me in Graham and Lieberman might use to stymie the floor next week. The conference com- opposing a bill that would eliminate Senate action on other bills. The senior Sen- mittee was scheduled to meet at 3 p.m. the provision that prevents these ate Democratic aide acknowledged that Sen- today. ate Majority Leader Harry Reid (D-Nev.) and photos from being published, and I call Mr. MCCAIN. I quote from it: Speaker Nancy Pelosi (D-Calif.) might have on the President today to relieve this to come up with a plan for passing the lan- The war bill, which has swollen with items pressure and declare, by Executive including a cash-for-clunkers incentive, will guage on some other bill that would be able order, that these photos are classified to pass the House, but this aide noted that eliminate Senate language explicitly allowing President Barack Obama to keep photos and not to be released to the world’s Obama has the strongest hand in getting public. Graham and Lieberman to stand down. of detainee abuse during the Bush adminis- Senate Democratic aides said the language tration confidential. Madam President, I yield the floor, to close the prison at Guantanamo Bay, The Graham-Lieberman amendment and I suggest the absence of a quorum. Cuba, was designed to satisfy the Obama ad- that would classify these photos was The ACTING PRESIDENT pro tem- ministration’s need to transport terrorists accepted by voice vote. In other words, pore. The clerk will call the roll. for trial, as well as to ease, for the most any Senator who wanted to object or The legislative clerk proceeded to part, Democrats’ fear of political repercus- vote against it could have called for a call the roll. sions from having detainees permanently vote. Instead, it was unanimously Mr. BARRASSO. Madam President, I housed in the United States. ask unanimous consent that the order The language would allow terrorists to be adopted. in the U.S. for trial only, which the senior According to the ‘‘Roll Call’’ article I for the quorum call be rescinded. Senate Democratic aide said would ‘‘give quoted, that provision will be removed The ACTING PRESIDENT pro tem- Obama some flexibility while also mollifying from the emergency supplemental. Ac- pore. Without objection, it is so or- those that have NIMBY problems.’’ cording to that article: dered.

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.001 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6486 CONGRESSIONAL RECORD — SENATE June 11, 2009 CLIMATE CHANGE the cap-and-trade market. David Sokol raises energy prices. I don’t understand Mr. BARRASSO. Madam President, points out: why we can’t make America’s energy the House of Representatives is pre- If you liked what credit default swaps did as clean as we can, as fast as we can, pared to pass the President’s energy to our economy, you’re going to love cap and without raising energy prices on Amer- tax. It is also known as the American trade. ican families. The administration Clean Energy and Security Act. The Coincidently, the House bill actually wants to take a different approach. act, therefore, is known as ACES— allows for credit default swaps. Why are the American people being American Clean Energy and Security He is not alone in his assessment. given this stacked deck, where all of Act. ACES is the right thing to call British scientist James Lovelock, who the options hurt the economy, raise en- this particular bill because it gam- is a noted chemist and environ- ergy prices, and cost jobs? The Presi- bles—it gambles—with the future of mentalist, stated in January that: dent says we need green jobs. I agree. the American people. In blackjack, the Carbon trading, with its huge government We also need red, white, and blue jobs— dealer might have an ace that is show- subsidies, is just what the finance industry American energy, American energy wanted. It’ll make a lot of money for a lot of ing, but one card in the dealer’s hand is sources. people and postpone the moment of reck- The reality is, this partisan energy always hidden. In this case, the hidden oning. card is the card that shows the real tax bill passing in the House is a bad So he is saying it will make a lot of bet for all of us. We shouldn’t double cost of this bill to the American tax- money for a lot of people in the finan- payer. What the taxpayer doesn’t know down with any more taxpayer money cial industry. to bail out the climate through an en- is that the game is rigged. The tax- Carbon markets can also cause huge payer is going to lose. No matter how ergy tax. fluctuations. We can look to Europe as Madam President, I yield the floor, many times the majority adds to this an example and what we saw happen and I suggest the absence of a quorum. hand another giveaway to special in- there. In February of this year, the Fi- The ACTING PRESIDENT pro tem- terests, another tax break to offset the nancial Times wrote an article entitled pore. The clerk will call the roll. monumental cost of this bill, the end ‘‘Fall in CO2 Price a Risk to Green In- The legislative clerk proceeded to will be just the same: The taxpayer vestment.’’ It seems that the price of call the roll. goes bust and Washington will win the carbon in the European Union had fall- Mr. ROBERTS. Madam President, I game. en so low that it no longer provided an ask unanimous consent that the order ACES is the product of a super- incentive to lower the use of carbon. for the quorum call be rescinded. majority that the Democrats have in So those are things happening not The ACTING PRESIDENT pro tem- the House of Representatives. Given just for this country but around the pore. Without objection, it is so or- the rules and given the procedures of world. dered. the House, reasonable amendments are Another problem is the huge eco- Mr. ROBERTS. Madam President, I going to be defeated or even blocked nomic gamble ACES makes by bypass- understand we are in morning business, from ever being considered. The final ing cheaper, low-carbon fuels by heav- and I ask unanimous consent that I be product will not be a real starting ily relying on unreliable expensive en- recognized for about 12 minutes. point to begin this debate on climate ergy. This ACES legislation mandates The ACTING PRESIDENT pro tem- change. that by 2020 the electric utilities meet pore. Without objection, it is so or- ACES is going to have a devastating 20 percent of their electricity demand dered. effect on our economy, and we will see through renewable energy sources and f there will be no environmental benefit energy efficiency. This is the wrong ap- from doing this bill—none. That is not proach. We need an all-of-the-above en- SUPERFUND IN KANSAS just my belief or my assessment alone, ergy strategy to address our Nation’s Mr. ROBERTS. Madam President, I it is also the belief of others. energy needs. We need to make Amer- rise today to discuss an issue that is Martin Feldstein, noted Harvard ica’s energy as clean as we can, as fast one of these ‘‘believe it or not’’ issues economist, in a recent Washington as we can, without raising energy of waste and abuse concerning billions Post article stated: prices for American families. That is of tax dollars and stimulus funding. I ACES will have a trivially small effect on how you create and that is how you have some good news and then I have global warming while imposing substantial then sustain economic development. So some bad news to report. costs on all American households. I would say, let’s develop all of our en- First the good news. In the last 24 Let me repeat that: a trivially small ergy sources—wind, solar, geothermal, hours, we have been able to reverse a effect, while imposing substantial hydro, clean coal, nuclear, natural policy that would have used stimulus costs. How big are the costs? Well, he gas—all of the energy sources. Our Na- money to pave the same road twice cites the Congressional Budget Office, tion is so blessed with abundant energy within a matter of months. I said yes- which estimated that the resulting in- resources. They are right here for us to terday that did not pass the Kansas creases in consumer prices needed to use in a clean and environmentally commonsense test or, for that matter, achieve just a 15-percent reduction in friendly way. Coal is cheap and abun- any State’s commonsense test, and carbon dioxide—slightly less than the dant in America. It is what is keeping would be a huge abuse of taxpayer dol- target of this bill—would raise the cost our energy affordable today. Uranium lars. We have reversed this plan, this of living $1,600 a year, every year, for is abundant in America too. Let’s de- silly plan, in a bipartisan way. every family in America. That is a velop this proven zero-carbon resource. I wish to personally thank Vice $1,600 tax on every American family And, yes, let’s develop all of the renew- President BIDEN, the man charged with every year. able energies—the wind, the solar, the overseeing all of the stimulus spending, The Heritage Foundation predicts hydropower. We need it all. for taking action to correct this abuse that the ACES approach could cost the Lisa Jackson, Director of the Envi- after I contacted him. I really thank economy $9.6 trillion and more than 1 ronmental Protection Agency, recently the Vice President because the White million lost jobs into the future. And took a trip to Wyoming, and this is House moved and the Vice President these are just the raw numbers. The what she said while she was in my moved in an expeditious fashion, and I, real potential for economic pain goes home State of Wyoming: quite frankly, didn’t expect they could much further. As a home of wind, coal, and natural gas, move that fast, but they got the job David Sokol, chairman of Wyoming is at the heart of America’s energy done. MidAmerican Energy, points out that future. The Vice President will be in Kansas ACES—this bill—could be a bonanza. That is because Wyoming has it all. today, and I asked him to review this And for whom will it be a bonanza? For It has the coal, it has the wind, it has rather ridiculous example of wasteful more Wall Street corruption and more the natural resources of natural gas spending occurring in Cherokee Coun- Wall Street greed because ACES is and oil and uranium for nuclear power. ty, KS, just a short 2-hour drive south going to deal in investment banks, it is It has it all, and we need it all. on U.S. Highway 96 from where the going to deal in hedge funds and other The bottom line is that the Demo- Vice President will be. You see, a sec- speculators who want to speculate in crats’ cap-and-tax bill costs jobs and it tion of old Highway 96 would have been

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.006 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6487 resurfaced with stimulus funds. Then structure because their homes have no humans as it is related to elevated blood lead portions of an EPA Superfund site market value and they cannot sell levels. would have been cleaned up with stim- them to fund a new home or even rent The letter went on to say: ulus funds, and the heavy equipment one. EPA Region 7 believes the situation at the used for the cleanup would have dam- As parts of Cherokee County have adjacent Region 6 Tar Creek Superfund site aged the newly resurfaced highway, so been on the Superfund list for the last in Oklahoma materially differs from the they would have to go back in and do 26 years, the EPA has removed and re- Cherokee County Superfund site, and that is what drives different decisions for the Tar the highway again. Once this cleanup placed contaminated topsoil. Accord- Creek Site. ing to their stimulus press release, the was complete, additional stimulus I am going to refer to a couple of EPA will continue to remove lead-con- funds would have gone to repair the charts here. road damage caused by the heavy taminated residential soil at more than This is a picture of Treece, KS, lo- trucks. Taxpayers would have paid al- 380 acres in Baxter Springs and Treece. cated right here. You can see all of most $1 million to fix this road twice. That probably sounds like an admi- these white objects here. Basically, Fortunately, in working with the rable thing to do, but as the ground that is the chat material that has come Vice President, we now have media re- below it caves in, the exposed soil that out of many mines over 100 years. ports that the Superfund cleanup will has not been cleaned up will rise, so es- Here is Treece, KS, and here is Pitch- occur prior to any roadwork. That is sentially this is a never-ending process. er, OK. Here is a giant chat pile in be- the good news. Again, I credit the Vice You are cleaning up topsoil on a single tween. I have been there. You see many President and his staff and his team. home, and after the sinkhole sinks, ob- little ponds and winding roads, and I Now for the bad news. While this viously the topsoil is going to be con- advise you not to go fishing in any of spending issue has been fixed, there is taminated with the contaminated soil those ponds. You might catch a three- a much larger spending issue affecting underneath the new topsoil. If you get eyed fish. At any rate, it is all con- dozens of Kansas families in Cherokee all that, I think you got the problem. taminated, all a sinkhole, whether it is County, KS, and that is still a major This is a never-ending process. from Treece, KS, in Region 7 with the problem. I am going to urge the Vice I have worked very long and hard EPA or whether it is Pitcher, OK, in President to again provide leadership. with other members of the Kansas dele- Region 6 in Dallas. I don’t know what He is the self-proclaimed new sheriff in gation to determine how best to ad- the difference is. If this is contami- town. I am an honorary sheriff of dress this situation. The only satisfac- nated, and it is, and this is contami- Dodge City, KS, my hometown. So tory answer anyone has been able to nated and looks the same, and it is, from one sheriff to another, I would give me is to relocate the town to pro- what the heck is the difference? simply say to the Vice President: Sher- tect the residents from a complete Let me show another angle so you iff, I will ride shotgun or you can ride cave-in. The Federal Government needs can appreciate what I am talking shotgun. We have the problem only to buy out the land from the remaining about. This is what the people of half solved. homes and business owners and then Treece see every day as the Sun rises You see, in April, EPA Region 7 prohibit any future construction on the and sets. This is a giant chat moun- issued a press release saying Cherokee property affected by the contamina- tain—all of this contaminated soil. County would receive up to $25 million tion. This is exactly what we did with This side of the chat mountain is from the stimulus. According to the Pitcher, OK, on the other side of the Treece, the other side is Oklahoma— press release: State line, just a few years ago. Most the same situation, same problem, By starting or speeding up cleanup at estimates indicate we could relocate same contaminated soil, same sink- Superfund sites, the [stimulus] funding is the entire town with $3 million in Fed- hole, and the same thing on the other also increasing the speed with which these eral funding and $500,000 in State fund- side, except EPA 7 in Kansas City can’t sites are returned to productive use. When a ing—funding the State of Kansas has get it through their heads that this is Superfund site is redeveloped, it can offer already set aside. During the previous identical to the same problem over significant economic benefits to local com- Congress, I introduced legislation to here. munities, including future job creation. address the Federal portion of this Instead of spending $25 million to Unfortunately, for fewer than 100 funding. clean up and put topsoil on contami- residents living in the city of Treece, Fast forward to today, with an econ- nated soil that will sink, why can’t we the stimulus funding for this project is omy experiencing a lot of turbulence spend $3 million to save the commu- literally going down a sinking hole. and a so-called stimulus bill that ev- nity of Treece and relocate these peo- The city of Treece, KS, sits on the Kan- eryone in this body heard was an abso- ple? Basically, EPA Region 7 does not sas-Oklahoma border. This small, rural lute necessity and not only a job main- have a factual basis, according to community was once a world leader in tainer but a job creator. So I asked the them, ‘‘that would allow the use of reg- lead and zinc mining, mining that EPA to use $3 million of already allo- ular or [stimulus] funds for a residen- lasted for nearly 100 years. As the min- cated stimulus funding to relocate the tial buy-out at the Treece subsite.’’ ing companies shut down in the 1970s, community—$3 million. I was told no. Why? We were going to spend money the groundwater began to rise and the Instead of solving this problem and for a road to be built twice. We are pillars that supported the soil above relocating the families of Treece to a spending $25 million to put topsoil on a the mine shafts began to collapse and safe facility, the EPA, with the assist- sinkhole. Why can’t we put $3 million you had a giant sinkhole. Shortly ance of the stimulus package, con- to relocate this town? thereafter—in 1983, to be exact—the tinues to spend even more money, $25 Here is my question. EPA acknowl- EPA placed over 500 square miles in million—eight times the amount need- edged there is evidence of harm to hu- southeast Kansas, northeast Okla- ed to relocate the community, the 100 mans. They listed a whole series of homa, and southwest Missouri on the people who live in blight and fear that other animals and wildlife, and so on National Priorities List of the Super- their homes will sink into a sinkhole— and so forth, that they are worried fund list, including the city of Treece. to put new soil—this is what they are about. I understand that. But why not In total, Cherokee County, KS, where currently going to do—onto contami- provide assistance to relocate fewer Treece is located, has 115 square miles nated soil, which is then going to col- than 100 people from harm’s way? in the Superfund Program. lapse and recontaminate all the soil. Furthermore, EPA told me that ‘‘a Last summer, during a listening tour This doesn’t make sense. 10-year timeframe is estimated for of this part of Kansas, I saw firsthand I have had an ongoing dialog with complete waste remediation.’’ Due to how 100 men and women and children EPA, and they have told me: the continual mine collapses, I wonder are living in absolute blight. They live The wastes are causing great environ- if the environmental cleanup will ever day by day not knowing when—and I mental harm to southeast Kansas— be completed. mean when, not if—their homes will We, of course, knew that— I think it is in the best interests of collapse into the earth below into a as evidenced by the documented impacts to all taxpayers to quit throwing money giant sinkhole. They remain there de- birds, fish, mussels, macro-invertebrates, down sinkholes and provide an oppor- spite the loss of businesses and infra- and horses. There is also evidence of harm to tunity for 100 folks who have no other

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Last week, the New Yorker maga- emergency room, you are all drugged American taxpayers are spending un- zine published an article titled ‘‘The up and can barely remember what to told millions to prevent mortgage col- Cost Conundrum’’ that highlights the do. Confusion starts to set in.’’ lapses, I can see no better use for the important work that has been done in Becky went through each step Bill stimulus plan than to get the residents Mesa County, CO. Over 30 years ago needed to follow when he left the hos- of Treece into safe homes. this community serving 120,000 people pital. Becky evaluated Bill’s ability to I said once before, I am an honorary came together, doctors, nurses, and the follow doctor’s orders in his environ- sheriff of Dodge City. I have a badge. nonprofit health insurance company. ment and helped him maintain his own You can go to Dodge City and you can They agreed upon a system that paid Personal Health Record. With her help, meet the marshal, you can see Miss doctors and nurses for seeing patients when Bill visited the doctor, he did not Kitty. You can go down to the Long and producing better quality care. have to remember everything that hap- Branch. We are used to taking care of They realized that problems and costs pened since he left the hospital; it was problems ourselves. Kansas has appro- go down when care is more patient-fo- all in the book. priated $500,000 to do this. All we are cused. Bill said, ‘‘When people are in front asking for is $3 million, not the $25 mil- In Mesa County, the city of Grand of their doctor, their blood pressure lion that I don’t think is going to ever Junction implemented an integrated goes sky high and they forget what really result in any long-term cleanup. health care system that provides fol- they need to ask.’’ He said he found the You have to be there to realize just low-up care with patients. This follow- help and guidance he received from his how bad this is, the pools of water and up care has helped lower hospital re- Transitions Coach ‘‘invaluable and life- all. People will tell you: Senator, we admissions rates in Grand Junction to saving.’’ We need patient-centered coordi- are going to take you around this way. just 3 percent. Compare that to the 20 nated care, care that views nurses, doc- Don’t walk this way. percent rate nationwide, and it is clear tors and family members not as iso- So I would just ask Sheriff Joe, who that our rural community on the West- lated caregivers, but as partners on a is the self-declared sheriff on stimulus ern Slope of Colorado is onto some- team whose ultimate goal is to make money, help me out here. Ride side- thing groundbreaking. sure patients get the guidance and care saddle or you can drive the stage. Help High readmission rates are a large they need. Hospitals are not the prob- me get $3 million. You have already problem for our seniors. Nearly one in lem, primary care physicians are not stopped the ridiculous situation of five Medicare patients who leave a hos- the problem, and nurses are not the building the road twice after we had pital will be readmitted within the fol- problem. Our fragmented delivery sys- destroyed it with stimulus money. lowing month, and more than three- quarters of these readmissions are pre- tem of care is the problem. That is the good news. But the rest of This bill also makes sure that we are ventable. Rehospitalization costs Medi- the story is that the citizens of Treece teaching patients to manage their own care over $17 billion annually. need to be relocated. We can do this for conditions at home. $3 million. It is painful for patients and families Sixty-nine-year-old Frank Yanni of This remains an awful way to treat to be caught up in these cycles of Denver, CO, had surgery for a staph in- any community. I think it is not a wise treatment. All too often, care is frag- fection of the spinal cord. After leaving use of taxpayer money. It does not pass mented; you go from the doctor, to the the hospital, he noticed that the pain the Kansas commonsense smell test. hospital, to a nursing home, back to he was experiencing weeks after sur- I yield the floor. the hospital and then back to the doc- gery was getting worse. Having been f tor again. Patients are given medica- ‘‘coached,’’ he identified the problem tion instructions as they are leaving HEALTH CARE and knew to insist on visiting his doc- the hospital, many times after coming tor immediately. A hospital test Mr. BENNET. Madam President, I off of strong medications. They do not showed that Mr. Yanni required a sec- rise today to discuss the urgent need know whom to call, and they are not ond surgery. His coach said that, ‘‘Had for health care reform. The people of sure what to ask their primary care he let that go for even another week, Colorado, and the American people, doctor. he could have ended up in the ICU, sep- have waited for too long for Wash- The solution, both our Denver and tic and horribly sick.’’ ington to act. Mesa County health communities have Our Colorado transition of care We should begin with a basic prin- found, is to provide patients leaving model, reflected in our legislation, ciple: if you have coverage and you like the hospital with a ‘‘coach.’’ This gives health care systems the choice of it, you can keep it. We will not take coach is a trained health professional whether to create this program. But it that choice away from you. connecting home and the hospital. This allows existing patient-centered transi- But even as we keep what works, we coach teaches patients how to manage tional care programs like the one in must confront the challenges of soar- their health on their own. Mesa County, CO, to continue on. ing health care costs and the lack of Our Denver health community cre- We want communities and providers access to affordable, quality health ated a model based on this idea called to think and work together to reduce care. The status quo is unacceptable. the Care Transitions Intervention. readmission rates, reduce costs and Every day, families in Colorado and Their work is the basis for the Medi- provide better coordinated care to our across America face rising premiums. care Care Transitions Act of 2009, a bill patients. Other systems should look at Their plans offer fewer benefits. They I introduced to implement this model Colorado and the systems in 24 States are denied coverage because of pre- on the national level. This legislation that have already begun to follow this existing conditions. recognizes that patient care should not model. And until we fix the health care sys- begin in a doctor’s office and end at the As we begin to emerge from the eco- tem, we will not be able to fix the fis- hospital doors. Investing in coaching nomic downturn, we must call upon ex- cal mess in which we find ourselves. and transitional care now can head off isting health care professionals from Since 1970, the share of health care as huge costs down the road. It has the all walks of life—nurses, nurse practi- a part of the GDP has gone from 7 per- advantage of being both preventive and tioners, social workers, long-term care, cent to 17 percent. The United States responsive. and community health workers—to spends over $2 trillion in health care Take 67-year-old Bill Schoens, from serve as transitional coaches. costs, including over $400 billion on Littleton, CO, who recently suffered a Colorado nurses like Becky Cline Medicare. President Obama has said heart attack. Before he was released have found that focusing on transi- the biggest threat to our nation’s bal- from the hospital, registered nurse tional care has leveraged their skills,

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.008 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6489 empowering them to take a more ac- Bob and Ron’s families and one other This chart illustrates what the Dor- tive role with patients. They are able employee. The other 12 employees and gan amendment does to Florida. It to work with both patients and family their families do not get coverage shows the western planning area of the caregivers. For too long, family care- through their work. Bob said, ‘‘As busi- gulf, the central planning area, and givers have been ‘‘silent partners.’’ ness owners, we want to do right by the what is known as the eastern planning Some 50 million Americans provide people who work for us, but if all our area. The chart shows that in legisla- care for a chronically ill, disabled or employees opted into our health care tion we passed in 2006, a compromise aged loved one. This bill recognizes plan and paid their 50 percent, we was struck whereby the oil industry their importance, connecting them would be forced out of business.’’ could drill in an additional 8.3 million with a coach who can teach them how He said it is an ‘‘impossible situa- acres, in addition to the 33 million to properly coordinate at-home care. tion’’ for him and his employees. acres they have under lease in the cen- This bill is only a small part of the Like too many small business own- tral and western gulf—33 million that solution to the complex challenges of ers, Bob can not find good health care they have under lease that they had our fragmented health care system. coverage at a cost he can afford. not drilled. We worked out an addi- The problems of rising costs and lim- He said, ‘‘The longer it takes to pass tional 8.3 million acres in this tan area ited access affect people from all walks comprehensive health care reform, the called lease sale 181. In exchange, the of life. more jobs will be lost as small busi- compromise was for the protection of Skip Guarini of Parker, CO, is a self- nesses shut their doors due to rising the Gulf of Mexico, everything east of employed private consultant and re- costs.’’ this longitude line known as the mili- tired U.S. Marine. After years of reg- These Coloradans speak for countless tary mission line. Why? Because every- ular doctors’ visits, Skip’s dentist dis- others across the nation. All they ask thing east of this line is the largest covered a lump on his thyroid during a for is a health care system that works testing and training area for the U.S. routine exam that had gone undetected for them, a health care system that military in the world. It is where we by his physician despite 10 previous does not crush them with unreasonable are training our F–22 pilots out of Tyn- exams. costs, and a health care system that dall Air Force Base, it is where we are Skip underwent a CT/MRI scan, does not deny them coverage just be- training our Navy pilots in Pensacola, ultrasound, and biopsy, all of which cause they have pre-existing condi- and it is where we are testing some of were inconclusive. A second series of tions. I am hopeful. the most sophisticated weapons sys- tests 6 months later revealed that the I am hopeful that we can keep what tems in the world that are under the lump had grown, and Skip underwent works in our system and fix what is test and evaluation component of Eglin surgery. During the surgery, doctors broken. I am hopeful that this Con- Air Force Base. found cancer. Skip was then sent to an gress, working with our President, will This is the area. It is also where we endocrinologist who ordered more finally deliver on the promise of health are training our Navy squadrons at Key tests. All tests came back negative. A care reform. The people of Colorado de- West Naval Air Station. They will send second full body scan revealed no sign serve it. The American people deserve in a squadron down here to Key West, of cancer anywhere in Skip’s body. it. and when they lift off from the Boca All these exams and screenings cost I yield the floor, and I suggest the ab- Chica runway, within 2 minutes they Skip $122,000. sence of a quorum. are over protected airspace. So they Since then, Skip has maintained per- The PRESIDING OFFICER (Mr. don’t have a lot of travel time. They fect health, but he cannot obtain pri- KAUFMAN.) The clerk will call the roll. don’t spend a lot of gas getting to their vate insurance because of the thyroid The assistant legislative clerk pro- training area, which is out here. So we surgery. He now relies on COBRA and ceeded to call the roll. see that we have this area that is now is paying a monthly premium of $1,300. Mr. NELSON of Florida. Mr. Presi- protected. This coverage is set to expire in less dent, I ask unanimous consent that the I wish to have printed in the RECORD a letter from the Secretary of De- than 1 year, at which point Skip will order for the quorum call be rescinded. have no insurance. The PRESIDING OFFICER. Without fense—and this is actually from the Hollis Berendt is a small business objection, it is so ordered. previous Secretary of Defense, Sec- owner in Greeley, CO. She is covered Mr. NELSON of Florida. Mr. Presi- retary Rumsfeld—in which he says the through her husband’s employer, which dent, I understand we are in morning use of this for oil and gas production is ‘‘a luxury many other small business business. I ask unanimous consent to would be incompatible with the needs owners don’t have,’’ she said. speak for up to 20 minutes. of the U.S. military in this test and After graduating from Colorado The PRESIDING OFFICER. Without training area. I ask unanimous consent to have this State University in 2004, their daughter objection, it is so ordered. Abby found a job with a large company letter printed in the RECORD, if I may. f There being no objection, the mate- in New York City. She was told she rial was ordered to be printed in the could not get health care coverage OFFSHORE DRILLING RECORD, as follows: until she had been working for the Mr. NELSON of Florida. Mr. Presi- company 1 year. At 10 months of em- dent, the Senate Energy Committee THE SECRETARY OF DEFENSE, Washington, DC, November 30, 2005. ployment, she was diagnosed with an has just approved an energy bill that Hon. JOHN WARNER, ovarian tumor that would require sur- adopted a very controversial amend- Chairman, Committee on Armed Services, Rus- gery. The expenses were too much for ment that would allow oil to be drilled sell Building, Washington, DC. Abby, so her parents had to take out a 10 miles off of the coast of Florida. DEAR MR. CHAIRMAN: Thank you for your second mortgage to pay her medical I wish to refer to this chart. Here is letter of October 7, 2005, concerning the po- bills. the peninsula of Florida. This is the tential effect of Department of Interior-ad- Hollis shared that ‘‘this experience panhandle of Florida, including Pensa- ministered oil and gas leasing on military brought to light, all too clearly, how cola, Fort Walton Beach, Panama City, training and readiness in the Eastern Gulf of and Cape San Blas. Some of our largest Mexico. The Department of Defense (DoD) close we all are to losing everything fully supports the national goal of explo- due to a health issue.’’ military installations in America are ration and development of our nation’s off- The current system is hurting our here: the Pensacola Naval Air Station, shore oil and gas resources. The DoD, the De- small business people and their em- the big complex of the Air Force, Eglin partment of the Interior, and affected states ployees. Take Bob Montoya of Pueblo, Air Force Base in that area of Fort have worked together successfully for many CO, who runs Cedar Ridge Landscape in Walton Beach. Down here in Panama years to ensure unrestricted access to crit- Pueblo with his brother Ron. They are City is Tyndall Air Force Base, where ical military testing and training areas, torn between providing health care they are training all of the F–22 pilots. while also enabling oil and gas exploration in As one can see on this map, the rest of accordance with applicable laws and regula- coverage for employees and keeping tions. the business afloat. the gulf coast of the United States in- DoD conducts essential military testing Last year, the business paid out cludes Alabama, Mississippi, Lou- and training in many of the 26 Outer Conti- $36,000 for a health care plan to cover isiana, and then Texas. nental Shelf (OCS) planning areas. Prior

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.010 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6490 CONGRESSIONAL RECORD — SENATE June 11, 2009 analysis and existing agreements with Inte- turn. That is why they need all that increased domestic drilling is not going rior recognize that areas east of the 86° 41′ area. When they are dropping on tar- to decrease U.S. dependence on foreign line in the Gulf of Mexico (commonly know gets, they are dropping live ordnance. oil. That has been shown over and over. as the ‘‘Military Mission Line’’) are espe- When we are testing long-range Why? Because if there was oil there, cially critical to DoD due to the number and diversity of military testing and training ac- weapons systems at Eglin Air Force you are not going to get it into produc- tivities conducted there now, and those Base—some that we release from air- tion for 10 years. So using the scare planned for the future. In those areas east of planes, some that are shot from ships— tactics of the gas prices going up and the Military Mission Line, drilling struc- we need hundreds of miles of range. up doesn’t do a bit for decreasing U.S. tures and associated development would be That is why the operative policy of the dependence on foreign oil and helping incompatible with military activities, such Department of Defense is that you gas prices. But let’s say it would. Even as missile flights, low-flying drone aircraft, can’t have oil rigs out here to interfere though bad oil spills and shipping acci- weapons testing, and training. with national security preparation, dents take place, let’s say, for a mo- As the planning process for Interior’s new ment, the technological innovations 5-year OCS oil and gas leasing program pro- but, apparently, that is not the way 13 ceeds, DoD will continue both to evaluate its Members of the Senate Energy Com- now have made all drilling operations military requirements and to work with In- mittee understood this argument. safe; and if the United States wishes to terior to ensure the 2007–2012 oil and gas pro- Now there is another argument. By remain dependent on oil, well, gram, and any future lease sales resulting the way, I might point out that in that shouldn’t we drill anywhere we can from it, strike the proper balance between realignment of the bases, they are find oil? How about Colorado for oil our nation’s energy and national security bringing into Eglin Air Force base all shale? But, oh, no, that is off-limits. goals. the pilot training for the new F–35. How about the five Great Lakes? Sincerely, That is the Joint Strike Fighter that is They should have plenty of black gold. DONALD RUMSFELD. still being developed, but that will be But, no, that is off-limits. How about Mr. NELSON of Florida. Mr. Presi- coming out within the next few years. the oil-rich Arctic National Wildlife dent, here is what people don’t under- That is the Joint Strike Fighter for Refuge? That is off-limits. This Sen- stand. The committee that adopted the Navy, the Marines, and the Air ator has supported keeping that off- this amendment, 13 to 10, doesn’t real- Force. That Joint Strike Fighter will limits. No, the reality is that, instead, ize this is the largest testing and train- be sold to some of our allies. some of my colleagues in the Senate ing area for the U.S. military. That is Where is the pilot training? Right want to come—it is kind of like: don’t why in the legislation in law we pro- here because of the restrictions, it tax you, don’t tax me, go tax that tect everything east of that line that being a test, a training, and an evalua- ‘‘fella’’ under the tree. They want to go we passed 3 years ago. In return, we tion area. That is why the U.S. mili- and hit somebody else. They want to gave the oil boys an additional 8.3 mil- tary brought these new assets into this cut the heart and the lungs out of the lion acres in lease sale 181 and lease area. U.S. military testing area. They want sale 181 south. That, by the way, is in There is another reason now that I to come in and start fouling up the addition to their 33 million acres they get so exercised about this, other than most beautiful beaches in the world, have under lease here, and here, as the fact of the agreements that were the northwest Florida coast. shown on this map, that they have not set, that were agreed to; the com- Three years ago, we opened that ad- drilled. promises that were struck 3 years ago ditional 8.3 million acres. We didn’t Why do the oil companies want to are now being abrogated. allow any drilling any closer than 100 have this additional lease area when, in That is, they now bring oil rig leas- miles off Pensacola, 125 miles off Pan- fact, they have a lot of leases they ing within 10 miles of the world’s most ama City, 237 miles off Tampa Bay, and haven’t drilled—33 million acres plus beautiful beaches. There are not too over 300 miles off Naples. Why are some another 8 million acres? Well, it is be- many Americans who don’t know that people pushing to change this so soon cause a lease has a legal value. If there the beaches running from Pensacola all after that compromise that was struck is estimated to be any oil or gas there, the way through Panama City to Mex- 3 years ago? It is the oil industry, that that has a value, and those leases then ico Beach are some of the world’s most is why. The oil industry has those 33 become a part of the assets of the com- beautiful beaches. They are sugary million acres out here in the central pany, which increases the value of the white sand, and people from all over go and western gulf. It is leased, it is not company, which, of course, then makes to enjoy this extraordinary valuable being drilled, but that is not enough their stock worth more. But what we resource. It is God’s way of giving us a for them. Even though the industry struck in the compromise 3 years ago blessing on Earth that people enjoy hand-picked areas opened here in the that everybody out here on this Senate when they want to go to the beach. 2006 compromise, it now feels it can floor agreed to—agreed to, I might say, Can you imagine, what the Energy make more of a profit by drilling closer with Senator MARTINEZ and me—was in Committee has passed, allowing oil to Florida’s coast. exchange for getting that additional rigs 10 miles off the world’s most beau- I don’t think we should have to trash area, they would leave the military tiful beaches? Environmentally, that is our coastline and our economy and the mission test and evaluation and train- one thing, but let’s look at the econ- U.S. military so big oil can increase its ing area alone. omy of Florida. The economy of Flor- profit margin. There are serious na- In the last round of BRAC, which is ida—we are a peninsula. We have more tional security implications if this the Base Realignment and Closure coastline than any other State, save were to become law. I wish to show you Commission, the ‘‘r’’ of BRAC stands Alaska, but Alaska doesn’t have a lot something else. Look at this picture. for realignment. Is it any wonder that of beaches. We have more beaches than This is a beach in Pinellas County, in that round of evaluating military almost—not almost—than any other Florida after an oil spill. You know bases they decided to send all the pilot State. Is it any wonder we want to pro- what that is—that is oil mixing with training for the new stealth fighter— tect our economy, which is a $60 bil- white, sugary, powdery, white sand. the F–22—that they brought it here to lion-a-year tourism industry, particu- Drilling 10 miles off the coast of Flor- Tyndall Air Force base at Panama larly at a time when the economy is ida would destroy the economy of the City? Why? Because they have that being savaged as much as it is? Nation’s fourth largest State. It would area. Yet the Senate Energy Committee convert Florida’s world-class beaches Listen, this fighter does a dog fight would say they are not only going to to an industrial coastline. We would at 1.5 Mach, twice what an F–16 and an ignore the military tests and training trade the world’s top beaches and the F–15 does a dog fight at. They are doing range that has been off-limits in the tourist attractions for an industrial a dog fight, doing tight turns at about law, but now they are going to run rigs waste line dotted with transmission .75 Mach. The new F–22 stealth fighter up to 10 miles offshore and threaten pipes, storage tanks, and oil rigs. We will go into and engage another air- those sugary white beaches. would take away the U.S. military’s craft at 1.5 Mach. When you do turns at Well, let me tell you a few points last unfettered testing and training twice the speed of an F–15 and F–16, about this wise energy policy they range—and take it away during a time you have a much wider radius of a have supposedly adopted. We all know of war.

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.007 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6491 Supporters of opening the eastern [From the St. Petersburg Times, June 11, rection and seeking to reduce reliance on gulf say we need to do it to help get 2009] fossil fuels with a cleaner energy policy? America off foreign oil. Tell me, then, AGAIN, WITH FEELING: NO NEW DRILLING The committee approved an amendment to a Senate energy bill that would allow gas There is a rhythm to summer that has be- why isn’t there a clause in the drilling and oil drilling just 45 miles off Florida’s come as predictable in Washington as it is amendment passed specifying that all west coast and even closer off the Florida predatory and senseless: Schools let out, va- oil and natural gas that would be pro- Panhandle. It would wipe out a 2006 congres- cation season begins, gas prices rise and op- duced in the eastern gulf has to stay in sional compromise that bans drilling. . . . portunists in Congress—encouraged by Big the United States for domestic con- Oil—cite the pain at the pump to push for ex- And it goes on to cite the numbers I sumption? panding offshore drilling, jeopardizing Flor- told you, basically keeping that east- But, no, that is not there because, ida’s priceless coastline. ern area off-limits. the truth is, any oil that would be Do any of the 13 members of the Senate The editorial continues: drilled could be sent to any other coun- Energy and Natural Resources Committee Allowing drilling within 10 miles of the try in the world, reducing our use of who voted to expand drilling Tuesday realize eastern Gulf Coast would also jeopardize an that the nation is moving in the opposite di- important training area for the Air Force foreign oil not by one single drop. rection and seeking to reduce reliance on If we wish to reduce our dependence and Navy. fossil fuels with a cleaner energy policy? As an energy strategy, the measure makes on foreign oil—and you have heard me The committee approved an amendment to the Senate look hopelessly out of date. say this ad infinitum—we need to in- a Senate energy bill that would allow gas Twenty-eight States, in the absence of lead- crease our use of alternative energy, and oil drilling just 45 miles off Florida’s ership in Washington, have set targets for re- energy-efficient cars and appliances. west coast and even closer off the Florida newable energy production. The purpose of Panhandle. It would wipe out a 2006 congres- energy legislation in both Houses of Con- Mr. President, is my time coming to sional compromise that bans drilling within a close? gress is to fashion a way to leverage billions 230 miles of Tampa Bay and 100 miles of the of tax dollars to curb emissions of global- The PRESIDING OFFICER. Yes. Panhandle through 2022. That exclusion zone warming greenhouse gases, build more fuel- Mr. NELSON of Florida. I ask unani- is a reasonable line of defense. Florida’s efficient cars, and to foster investment in al- mous consent to proceed for an addi- beaches are vital to the state’s status as a ternative energies. world-class tourist destination. tional 5 minutes. Allowing drilling within 10 miles off the The editorial concludes by saying: The PRESIDING OFFICER. Without eastern Gulf Coast also would jeopardize an The drilling amendment is an example of a objection, it is so ordered. important training area for the Air Force time-honored tactic of tacking on something Mr. NELSON of Florida. Recently, we and Navy. distasteful to broadly supported legislation. The bill, which committee members expect have seen how gas prices have started As an energy strategy, the measure makes the Senate look hopelessly out of date. to pass today, also unfortunately encourages to rise. Why? Last year, the price of oil Twenty-eight states, in the absence of lead- some Republican state legislators who have went up to $147 a barrel. Why, in 1 day, ership in Washington, have set targets for re- unsuccessfully sought to open state waters did the price of oil rise $37 for a barrel newable energy production. The purpose of in the gulf to drilling. If the 2006 federal line of oil? It is because those greedy specu- energy legislation in both houses of Congress falls, there will be no stopping the short- lators on unregulated futures commod- is to fashion a way to leverage billions of tax sighted in Tallahassee. ities markets had been able to bid up dollars to curb emissions of global-warming Sen. Bill Nelson, D–Fla., has vowed to fili- crude oil prices in part due to a legal greenhouse gases, build more fuel-efficient buster the bill if it comes to that. The state’s congressional delegation needs to loophole, called the Enron loophole, cars and to foster investment in alternative energies. show united opposition, and House members which, in effect, unleashed insider trad- The drilling amendment is an example of a need to demand Speaker Nancy Pelosi stand ing similar to condo flipping since 2001. time-honored tactic of tacking on something by her commitment to the 2006 drill-free Some Gulf Coast States, such as Lou- distasteful to broadly supported legislation. zone. Gov. Charlie Crist, who is running to isiana, have embraced drilling. Con- The bill, which committee members expect succeed Sen. Mel Martinez, R–Fla., also gress even agreed to prop them up with to pass today, also unfortunately encourages needs to quit waffling and oppose this. And revenue sharing. But because Lou- some Republican state legislators who have Defense Secretary Robert Gates should explain the implications for naval training and isiana doesn’t have beaches—or has unsuccessfully sought to open state waters in the gulf to drilling. If the 2006 federal line national security should offshore rigs and beaches that are left such as this one falls, there will be no stopping the short- their attendant infrastructure spring up in the picture—and they don’t have a sighted in Tallahassee. along the training ranges for America’s mili- tourism economy like Florida’s, it isn’t Sen. Bill Nelson, D-Fla., has vowed to fili- tary pilots. The energy bill is supposed to worth the risk to the jobs and the rev- buster the bill if it comes to that. The chart a new strategy going forward. The Sen- enue and the economy of Florida. state’s congressional delegation needs to ate is headed backward. Florida’s Gulf Coast has some of the show united opposition, and House members I thank the Presiding Officer for her need to demand Speaker Nancy Pelosi stand most beautiful beaches in the world. indulgence that I could get this off my by her commitment to the 2006 drill-free chest. I don’t want to mess up the En- These beaches account for a substan- zone. Gov. Charlie Crist, who is running to tial portion of the $60 billion-a-year succeed Sen. Mel Martinez, R-Fla., also ergy bill. It is critical for us. I am sup- tourism economy. needs to quit waffling and oppose this. And portive of many of its provisions. But I Would you visit a beach with oil op- Defense Secretary Robert Gates should exam simply going to have to assert my erations along its shores? Would you plain the implications for naval training and rights under the Senate rules if they want to go to a beach that looks like national security should offshore rigs and try to bring this as a part of that En- their attendant infrastructure spring up this photo? I’ll tell you a little more ergy bill. along the training ranges for America’s mili- The PRESIDING OFFICER (Mrs. about it. This photo is of a relatively tary pilots. The energy bill is supposed to small oil spill that occurred as a result HAGAN). The Senator from Minnesota. chart a new strategy going forward. The Sen- Ms. KLOBUCHAR. Madam President, of a shipping accident in Pinellas ate is headed backward. I ask unanimous consent to speak in County, FL, in 1993. It simply doesn’t Mr. NELSON of Florida. This is what make sense to jeopardize Florida’s morning business for up to 15 minutes. the article says: The PRESIDING OFFICER. Without tourism industry and put the coastline There is a rhythm to summer that has be- objection, it is so ordered. at risk of ending up like this. come as predictable in Washington as it is I will close by reading a timely edi- predatory and senseless: Schools let out, va- f torial that appeared in today’s St. Pe- cation season begins, gas prices rise and op- HEALTH CARE REFORM portunists in Congress—encouraged by Big tersburg Times. That is one of Flor- Ms. KLOBUCHAR. Madam President, ida’s largest newspapers. This was so Oil—cite the pain at the pump to push for expanding offshore drilling, jeopardizing Flor- the time for health care reform is now. poignant I think it is worth me insert- ida’s priceless coastline. We cannot afford to wait any longer. ing it into the RECORD, which I will. The St. Petersburg Times editorial For some time, Peter Orszag, now I ask unanimous consent that the en- continues: President Obama’s Budget Director, tire article be printed in the RECORD. Do any of the 13 members of the Senate has warned that rising health costs are There being no objection, the mate- Energy and Natural Resources Committee unsustainable and represent the cen- rial was ordered to be printed in the who voted to expand drilling Tuesday realize tral fiscal challenge facing the coun- RECORD, as follows: that the nation is moving in the opposite di- try.

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.011 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6492 CONGRESSIONAL RECORD — SENATE June 11, 2009 At $2.4 trillion per year, health care Minnesota, Washington, Wisconsin, research shows those factors only ex- spending represents close to 17 percent Iowa, Utah, and North Dakota are just plain 18 percent of the variation in of the American economy, and it will a few of the States that can help pro- spending. exceed 20 percent by 2018 if current vide leadership to help Congress and It is no surprise. Most health care is trends continue. Hospitals and clinics the administration as we work to de- purchased on a fee-for-service basis, so are also providing an estimated $56 bil- velop a quality integrated health care more tests and more surgeries mean lion in uncompensated care. Mean- system that reduces cost to the tax- more money. Quantity, not quality, while, businesses are squeezed on the payer and improves health care out- pays. bottom line, forced to reduce or drop comes. According to research at Dartmouth health coverage for their employees. It is no coincidence that as we speak, Medical School, nearly $700 billion per Without action, costs will continue to the President is in Wisconsin, another year is wasted on unnecessary or inef- rise and waste will proliferate. State that understands to have high- fective health care—$700 billion per We need to make health care afford- quality care, you do not necessarily year. That is 30 percent of total health able for everyone, and we need to re- have to have high prices. In fact, it is care spending. So to my colleagues who duce the waste and fraud that plagues the opposite. are fear mongering and saying we the current system. I will distill this cost issue into some should do nothing, I say how about $700 To my colleagues who are conjuring understandable language. I grew up billion, 30 percent of total health care up reasons not to pass reform this year, watching the Minnesota Vikings. Year spending that we have the opportunity using scare tactics about nationalized after year, our State has waited for the to change around to benefit the people health care and engaging in fear Vikings to win the Super Bowl. We of this country? mongering, I say we cannot stay where have been to the Super Bowl four Just look at this fact, if you want to we are. We cannot stay where we are. times, and we have never won the look at quality care. The Mayo Clinic They must be getting different mail Super Bowl. All during that same ranked as one of the highest quality in- than I am. I am getting mail, and I am amount of time, the people of our coun- stitutions in this country. If you look getting people coming up to me all try have been waiting for health care at the last 4 years of the lives of chron- over the State. Even though our State reform. They have been waiting for ically ill patients, some of the most has some of the most affordable health something to happen to make health difficult times for people in this coun- care in the country, people know their care more affordable. The people of try, an independent study from Dart- money is being spent in other States this country cannot wait any longer. mouth came out after they looked at that are not as efficient. They know We might be able to wait on the Vi- what the Mayo Clinic did. They have a health care coverage when the econ- kings; the people cannot wait any team of doctors working together with omy is tough is very difficult to come longer. quality ratings incredibly high. Then by, and that is what they are coming The importance of Minnesota’s best they looked at what was going on in up to me and talking about. They are practices can be outlined in a game other regions of the country. not saying let’s stay the way we are. plan for national health care reform If all the hospitals in this country They are saying reform this system. with a few key pointers: rewarding used the same protocol that Mayo Clin- In 2008, employee health premiums quality, not quantity; promoting co- ic used in the last 4 years of a patient’s increased by 5 percent, two times the ordinated, integrated care; and focus- life, where the quality rating is incred- rate of inflation, and the annual pre- ing on prevention and disease manage- ibly high, we would save $50 billion mium for an employer health plan cov- ment. every 5 years in Medicare spending—$50 ering a family of four averaged nearly We are never going to be able to billion. $12,700. move the ball for that next first down So, no, I don’t think the answer is Families cannot continue to bear the unless we start talking about costs; just to throw away health care reform burden of runaway health costs. If we otherwise, we are simply going to have and do a lot of fear mongering. I think do not act, these costs are going to different people pay for the same ex- the answer is to work together to bring break the backs of the American peo- pensive health care but not do any- this kind of cost savings to the rest of ple. We must remain committed to en- thing to reduce the cost. the country. acting a uniquely American solution to First, our game plan for health care There is general consensus that our Nation’s health care problem. We reform to reduce costs is to be sure to Medicare should reward value, and must keep what works and fix what is keep score. That means measuring out- value consists of both quality and effi- broken. comes and rewarding providers who de- ciency. However, value is not taken As Congress prepares to take up land- liver quality results. Right now in into account when Medicare deter- mark health care legislation, many in many places, we are not getting our mines payment for providers. Washington are looking to my State, money’s worth from our health care To begin reining in costs, we need to the State of Minnesota, as a leader. dollars. In Miami, Medicare spends have all health care providers aiming Among them is the President of the twice as much on the average patient for high quality, cost-effective results. United States. President Obama has as it does in Minneapolis, even though That is why I plan to introduce legisla- provided leadership and vision on this quality is much better in Minnesota— tion with Senator CANTWELL and oth- issue, and in a recent weekly radio ad- twice as much. ers that would authorize the U.S. dress, he has highlighted how the Mayo If we look at this chart, we will see Health and Human Services Secretary Clinic and other innovative health care that the areas in dark blue are the to create a value index as part of a for- organizations succeed in providing higher spending regions of the country. mula used to determine Medicare’s fee high-quality care at relatively low They receive the lion’s share of Medi- schedule—paying for value. This index- cost. As he has said, we should learn care payments. The light blue areas— ing will help regulate overutilization from the successes and promote the States such as Minnesota, Montana, because those who produce more vol- best practices, not the most expensive and Iowa—are areas where Medicare ume will need to also improve care or ones. spending is low but quality of care is the increased volume will negatively In Minnesota, the Mayo Clinic is not often high. impact fees. You have to have those in- alone. Health partners Park Nicollet In a recent New York Times article, centives in place in how you do the and Essensia Health are already among some explained these differences in payments or you are never going to re- those working to deliver the best spending as they were trying to explain duce costs. health care at the least price. At 92 how can this happen that you have In adding a value index, my bill percent of the State covered by some twice the Medicare, twice the tax- would give physicians a financial in- kind of health care insurance, Min- payers’ dollars for the same kind of centive to maximize quality and value nesota has a strong history making medical treatments as you would in an- of their services instead of volume. sure the health care system promotes other part of the country. Some said it Linking rewards to the outcomes for both quality care and access—92 per- is a difference in cost of living, sicker the entire payment area creates the in- cent coverage. people, more teaching hospitals. But centive for physicians and hospitals to

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.018 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6493 work together to improve quality and going to three on their own—they using Health Partners clinics. Most efficiency. found they had the highest quality people don’t like their HMOs very I am also interested in the idea that care. Why is that? It makes sense. You much. They always have reasons to the President has proposed to give in- have one primary doctor who knows complain. So I think this is amazing creased consideration to recommenda- exactly what is going on, is checking that they were able to show this kind tions made by the Medicare Payment your charts and can send them to one of result. Advisory Committee, MedPAC, a com- specialist so mistakes are not make. At Park Nicollet in Minnesota, they mission created by a Republican Con- You go to one specialist who does not have implemented a congestive heart gress. MedPAC’s recommendations for know you are taking a certain medica- failure program with Medicare. In the 3 payment reform include bundling, tion and you are allergic to another. years since the program began, Park which has potential significant cost High-quality care with low utilization; Nicollet has saved nearly $5,000 per pa- savings. Giving the recommendations lowest quality care with high utiliza- tient, per year. made by experts increased authority tion. Diabetes, congestive heart disease, could be a valuable tool to help rein in That is probably the opposite of what and back problems all contribute to health care spending and improve qual- most people in this country think. But, the excessive cost and growth in our ity in a responsible way. literally, you get the highest quality health care system and cause decreased So the first part of our game plan for care in those parts of the country productivity in our economy. One reducing costs for health care is focus- where you are paying less money. study found that the most costly 20 ing on value. The second part of the As I said, if people start to say our percent of Medicare patients in a given game plan for making health care more area of the country is so expensive, year account for 84 percent of total affordable is to focus on teamwork. only 18 percent of that difference with Medicare spending. By contrast, the Understandably, patients like it the high-quality, low-cost States and least costly 40 percent of Medicare pa- when their health care providers talk the low-quality, high-cost States can tients accounted for just 1 percent of with one another and even work to- be attributed to cost of living. overall spending. As the examples from gether. This means higher quality care, Research has shown that moving to- Minnesota and other places dem- as well as more efficient care. In too ward a better integrated and coordi- onstrate, effectively managing these many places, however, patients must nated delivery system would save and other chronic illnesses is essential struggle against a fragmented delivery Medicare alone up to $100 billion per to health care reform. system where providers duplicate serv- year. So if people don’t want to talk A recent New Yorker magazine arti- ices and sometimes work at cross-pur- about reform and they want to make a cle showcased the Mayo Clinic in the poses—an x ray here, an x ray there, an bunch of fear-mongering statements, context of health care’s cost conun- expert here, an expert there. It is like let them explain to the American peo- drum. a football team with 11 quarterbacks ple why we are not going to save $100 Madam President, I ask unanimous but no wide receivers, no running billion per year. consent for 3 more minutes. backs and no offensive line. This does Finally, the last game pointer is that The PRESIDING OFFICER. Without not work in football, and it is not the best offense is a good defense. My objection, it is so ordered. going to work in health care. dad covered football his whole life for Ms. KLOBUCHAR. According to the The beauty of integrated care sys- the newspaper, and this is what he author, a physician, we are in ‘‘a battle tems is that a patient’s overall care is would always say to me: It works on for the soul of American medicine.’’ On managed by a primary care physician the football field and it works in health one side is a fragmented, volume-driv- in coordination with specialists, care. It is a lot better for both the pa- en model that too often crosses into nurses, and other care providers as tient and the patient’s pocketbook if a profiteering. There are good parts needed. It is one-stop shopping. In our chronic medical problem can be pre- about our health care system, believe rural communities, critical access hos- vented or managed early to stave off me. I know this because I live in Min- pitals utilize this model and provide complications and the need for costly nesota. We have to maintain those. But quality health care for residents in care. Right now, physicians are paid to we have to fix this broken cost struc- their community with a team of pro- treat diseases, not prevent them. Yet a ture. On the other side, you see this viders. payment system that encourages pre- model offered by Mayo and other peer To better reward and encourage this vention and disease management could institutions across the country where collaboration, we also need to have bet- generate enormous savings because a doctors collaborate to provide the best, ter coordination of care and less incen- large portion of health care spending is most efficient care for their patients. tive to bill Medicare by volume. In- devoted to treating a relatively small On one side is more of the same, creasing the bundling of services in number of people with chronic medical which is both financially and morally Medicare’s payment system has the po- conditions. unsustainable; on the other side is a tential to deliver savings and start en- Let me give an example of this. This new direction that promises to curb couraging quality, integrated care. is Health Partners, which is a clinic in cost while expanding affordable cov- When it comes to improving care, Minnesota—all over our State. A lot of erage. It is time to choose sides. For changing who pays a doctor will make patients are members of it. They start- the sake of our fiscal health and for the no more difference. The lesson of high- ed looking at how can we do a better sake of millions of Americans strug- quality, efficient States such as Min- job with diabetes. They did this back in gling to afford the care they need, I nesota and Wisconsin is that someone the fourth quarter of 2004 compared to urge my colleagues to choose the lat- has to be responsible for the care of the the fourth quarter of 2008. You see here ter. patient from start to finish, from one an increase in quality for the patients, Yesterday, I met with a bipartisan goal line to the other. Bundling will an increase in percentage of patients group of Senators, and I have to tell ensure that practice is rewarded. with optimal diabetes control, because you I still have hope that we are going This is a very interesting chart. It they put in some practical protocols. to get this done and I have hope that does not look interesting, but it is. A What do you see with costs? You see there will be bipartisan support for lot of people think the more you pay, an actual major decrease in the cost this. What I am talking about today— the better quality care you get. This per patient. That is the green line. The cost reduction, putting these incen- was a MedPAC analysis of county level yellow line is an increase in the pa- tives in place—isn’t a Democratic issue fee-for-service expenditures, a national tients with optimal diabetes control, as or a Republican issue. It is an Amer- study. the doctors determined. The green line ican issue. This is an American cause, Do you know what they found? They is a decrease in cost. The red line is pa- and we can find a uniquely American found that those areas of the country, tients with diabetes who had asked solution to this problem so that we can those counties that had low utiliza- that they recommend Health Partners reduce costs and make health care bet- tion—in other words, maybe someone clinics. So even as they saw this dra- ter quality. I can tell you, having spent called a nurse line or a doctor referred matic reduction in cost, they were still my entire life in the State of Min- them to one specialist instead of them on the up in terms of recommending nesota and having a daughter who was

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.019 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6494 CONGRESSIONAL RECORD — SENATE June 11, 2009 born very sick, who couldn’t even swal- tion, the better. And this concept does through his or her company could be low when she was born, I know we can not include a Washington-run plan. forced into the government’s plan if get high-quality health care at lower The other is for the government to the employer decides it is simpler and cost. They do it every day in my State, ration care by deciding what treat- cheaper to pay a fine to the govern- and we can do it in the rest of the ments you can get and which medica- ment and eliminate its coverage. A country. tions you can have. Yes, you can cut company might say: Why bother with Madam President, I yield the floor. costs this way, but it is not right, it is the paperwork and administration The PRESIDING OFFICER. The Sen- not what Americans want, nor is it when we can just pay a fine and tell ator from Arizona. what physicians want. The American people to get onto the government in- Mr. KYL. Madam President, when it Medical Association, an organization of surance rolls? As I said, that is what comes to health care, Republicans 250,000 of America’s physicians, said in health experts say will happen. The want reform that respects patient free- a recent statement that it does not Lewin Group I cited before has esti- dom and choice. We want to maintain ‘‘. . . believe that creating a public mated that 119 million people will be the sanctity of the doctor-patient rela- health insurance option for non- shifted from a private plan onto a gov- tionship. We believe doctors, not Wash- disabled individuals under the age of 65 ernment plan if it is created. That ington, should tailor an individual’s is the best way to expand health insur- would affect two-thirds of the 170 mil- care. Washington-run health care ance coverage and lower costs.’’ I lion Americans who currently have pri- would delay or deny care and would agree. The doctors—those who provide vate insurance, all but ending private displace millions of Americans who are the care—are concerned about what a insurance in America. happy with their current health insur- Washington-run health care would President Obama said recently: ance. Federal bureaucracies are not mean for their patients and for the un- If we don’t get this done this year we’re not going to get it done. known for being efficient, innovative, insured Americans who need to get in or hassle-free. to see them. Well, why is that? Why does that On Wednesday, the majority whip Republicans have been discussing the have to be so? Could it be because the said: state of health care in Canada and the President would prefer that we rush a bill through before Americans get a Those who come to the floor of the Senate United Kingdom because those coun- defending the health insurance companies tries have government-run health care chance to absorb what Washington-run and saying they want no change in the and they delay or deny treatment for health care would mean for their fami- health care system have to defend the inde- many of their citizens in order to keep lies? If this is worth doing, it is worth fensible. costs under control. The Canadian and doing right. It is worth taking the time Well, who exactly has come to the British Governments created these sys- to do it right. Americans are compassionate, and floor and said that? Who in the Senate tems with the best of intentions, but we want coverage for our neighbors has come to the floor and said they government-run care is not serving want no change? I know of no one who just as much as we want it for our own their citizens’ needs, and we don’t need families. But I will tell you that my has done that. This is a straw man ar- to replicate their problems here in the gument, usually made when you can’t constituents worry about the cost, and United States. In fact, in Canada, they do not want the Federal Govern- win an argument on the merits, but it Claude Castonguay, chair of the com- has become a familiar refrain from ment to cover others at their expense, mission which recommended that Que- both in cost and in the form of rationed some of our friends on the other side of bec establish a government-run system the aisle. They present a false choice care. So one of the first questions for in the 1960s, declared last year that this program is, How much is it going between doing what they want and ‘‘the system is in crisis’’—his words. to cost and who is going to pay it? An- doing nothing. When they don’t want Private clinics are opening all over other question is, What is going to be to listen to Republican ideas, they ac- Canada at the rate of one per week to the effect on seniors who are in Medi- cuse us of wanting to do nothing. It treat those who are on waiting lists at care? Do they have anything to worry happened with the stimulus bill, and it the public hospitals. Many Canadians about? And my answer to that is, abso- is happening now with health care. who have the resources to get out of lutely, because some of the conversa- Republicans want health care reform. the bureaucratic government have cho- tion has to do with ‘‘reforming the way I have said this repeatedly, and so has sen to do so. our seniors get their health care.’’ Senator MCCONNELL. I have noted that As the Republican leader pointed out We haven’t heard much about the there are abundant problems in our today, Britain’s National Institute for exact price of government-run health current system, that a routine visit to Health and Clinical Excellence—the en- care, but we know the cost will be ex- the doctor can be surprisingly expen- tity responsible for setting guidelines tremely high. And whatever we spend, sive. Too many people have to go with- on pharmaceuticals and treatments for it won’t be enough to ensure all Ameri- out basic care for a host of reasons, British patients—last year denied pa- cans get the care they need. So when whether they are unemployed or work tients in that country access to four we begin talking about cost and being for a business that doesn’t have health kidney cancer drugs that have the po- more concerned about the cost than care or perhaps have a preexisting con- tential to elongate patients’ lives. The the quality of care, as was the institute dition. institute explained it this way: in Britain I just quoted, then we get The task before us is to ensure that Although these treatments are clinically into a situation where we are going to all Americans have access to quality effective, regrettably, the cost is such that have to ration care, and that is some- health care without degrading the they are not a cost-effective use of resources. thing neither our seniors nor families quality of care for anyone. In other A chilling statement, indeed. The with coverage today want at all. words, those who are happy with their stories of patients being denied treat- We need a real marketplace of op- care—and that is the majority of ment by their governments are real. tions. Choice, freedom, and competi- Americans—don’t want to have to sac- President Obama and some of my col- tion should be guiding principles for rifice their care in order to take care of leagues in the Senate have argued—as the health care reform we all want. the problem of those who are having the majority whip has—that a public or I reiterate that Republicans as well issues. And by access to care, I don’t a government-run option can compete as Democrats want reforms in our mean access to a government waiting with other insurers and that this gov- health care system. There are people list. ernment-run option would be only one who need coverage, and we all under- There are two ways to approach choice of many. My question is, Why is stand there are ways we can save health care reform while trying to keep it needed? money. The question is, Do we do this costs in line. One, which President And what will it do? Government-run through more government control, Obama says he rejects, is to create a health care would crowd out other in- more government bureaucracy, govern- competitive marketplace in which con- surers, quickly becoming a monopoly. I ment-run insurance companies, fines sumers get to pick the plan that works have cited these statistics from the on employers, and raising taxes in the best for their families. Competition Lewin Group, which has made this order to add 40 or 50 million more peo- helps the consumer. The more competi- point. Someone who has insurance ple to insurance rolls or do we try to

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.020 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6495 achieve the results through removing in an exceptionally efficient manner, Greenwood and from other cities across barriers to competition which cur- and they now rank at or near the top, Ohio and the Midwest. rently exist? across a range of performance stand- That is why it angered me when I sat Republicans have noted a whole se- ards. The Mansfield GM Fisher Body in the Banking Committee as I was ries of laws right now that could either Stamping Plant played by the rules, chairing, as Chairman DODD was work- be reformed or repealed in order to did all that was expected of them, and ing on health care issues, when I heard allow more competition, in order to re- they made it to the top, literally to the these restructuring proposals for duce prices for those already in the top of GM’s stamping plants. Yet GM Chrysler and GM portrayed by my market and give patients more choice. has decided to close this facility. more conservative colleagues in this I don’t know why the resistance to this GM’s decision not to include the body as ‘‘giveaways’’ to workers. When insurance reform. I don’t know of any- Mansfield stamping plant in the New they label this as ‘‘everybody sacrificed body who likes the way insurance com- GM, this new coming-out-of-bank- except the workers,’’ the workers have panies always do their business. I know ruptcy company, one that is focused on seen tens of thousands of lost jobs. We I don’t. So why not reform and enable building fuel-efficient cars for the 21st have seen a $7-an-hour cut in com- those who would do it the way people century, is troubling, it is more than pensation for these workers. That is a want to have products that could be of- troubling to employees and members of $14,000 a year hit that these workers fered to the public and which presum- the Mansfield community and to me. are taking. They are far from give- ably the public would buy if they are Yesterday, I met with GM officials aways. concerned about the way their insur- who were direct and polite and are try- American autoworkers, their fami- ance is currently being offered? ing to do their best. I met with GM of- lies, and their communities are all in So this is not a matter of one side ficials to try to understand their deci- this together and have suffered with wanting reform and the other side not; sion. I am not convinced this makes their communities perhaps more than it is a matter of different approaches. sense for the New GM, to close this anybody. And from my constituents, I can tell Mansfield Fisher Body Stamping Plant. Just 3 years ago there were a quarter you they are concerned about what I know it does not make sense for Ohio. million members of the UAW. After they have and they are concerned GM’s own scorecard shows the Mans- these GM and Chrysler restructurings about what they are going to have to field plant has met nearly 100 percent in the auto industry, that number of pay. As much as they want to help of its targets and has a productivity worker members will be below 100,000. other people have the same kind of cov- rate of 94 percent. According to GM’s These are men and women who make erage they do, they don’t want it at the records, it is the single highest ranked up our Nation’s middle class, the heart- expense of their families, by having stamping plant in GM. beat of America, if you will. care rationed to them and their fami- The plant that is a very close second They work hard, they support their lies as a result of the fact that it would is 70 miles away, north of Mansfield, in families. They are watching as their cost more money than we are currently Parma, OH. By GM’s own records, chance at the American dream goes up paying. those are the two top-rated stamping in smoke. It is an American tragedy. Madam President, I suggest the ab- plants. It makes little sense to me and Anyone who dismisses it otherwise sence of a quorum. to the town and GM workers at Mans- should be ashamed. The PRESIDING OFFICER. The field that the company would not want Wages have decreased for entry-level clerk will call the roll. its best and brightest to embark on its workers. Wages have been frozen. Key The legislative clerk proceeded to new path toward success. health care benefits were eliminated call the roll. The auto crisis hit home in for both active and retired workers. Mr. BROWN. Madam President, I ask Twinsburg, OH. Twinsburg is the home Understand, the much maligned legacy unanimous consent the order for the of the most modern stamping plant in costs that companies are burdened quorum call be rescinded. Chrysler’s network. It ranks among the with, if you will, these legacy costs, The PRESIDING OFFICER. Without highest in safety and productivity. Yet health care and pensions, were nego- objection, it is so ordered. Twinsburg’s workers and their families tiated at the bargaining table when f got the rug pulled out from under them workers said: We will take less money last month. The crisis is playing itself in salary and wages today if you put JOB LOSS CRISIS out every day as auto suppliers strug- that money aside for pensions and Mr. BROWN. Madam President, in gle to find credit. health care—for health care now and my State of Ohio and States such as So it is not just Mansfield and for pensions later. So they gave up dol- Michigan, Indiana, Pennsylvania, mid- Twinsburg, it is not just the loss of lars at the bargaining table. That is dle-class families already hit by a ter- fewer than 100, but 80 or 90 people in what these legacy costs are. rible recession are facing a new wave of families in the Columbus area who lost These concessions, combined with devastating job losses and plant clos- jobs when a GM supply center an- swapping GM’s contributions owed to ings. Some 400,000 Ohioans are em- nounced it was closing. It is also what the VEBA with stock, a step that will ployed, directly or indirectly, because happens to those companies that sup- increase risks for retirees, will save of the auto industry. The auto industry ply the auto companies, and they, General Motors billions. That is a good crisis is a crisis especially in my State frankly, employ more workers than the idea because we want this company to and in Michigan and in the other auto companies themselves do. survive and thrive. States in the region. The crisis plays itself out every sin- Every facet of this restructuring has As Congress works to help the indus- gle day as auto suppliers struggle to an impact on hard-working Americans, try through these most difficult times, find credit. If a manufacturer has auto on their communities, their States, the industry must do all it can to keep customers, banks seem to put them on their Nation as a whole. We should ask jobs here at home. That is why it was a black list and do not want to extend yourselves this: Is the government welcome news when GM announced any loans, even those backed by the doing everything it can to protect and that rather than start more small car Small Business Administration. create American jobs? Is the govern- production in China and Mexico, which The crisis plays itself out in Warren ment ensuring that top-performing seg- they have done in the past, they would and Dayton, where Delphi salaried ments of Chrysler and GM are not sac- open a new small car manufacturing workers, who played by the rules, are rificed because of expediency or poli- plant somewhere in one of these auto left without the pensions they deserve. tics or information gaps or favoritism? States. These stories from Mansfield, from I held a conference call with mayors This crisis has hit home in my State, Twinsburg, from Warren, from Dayton, from Ohio’s auto communities re- especially in Mansfield, where GM has from smaller communities are, unfor- cently. Nearly all of them raised the one of its best stamping plants. Work- tunately, not unique. There are more fact that they may need to eliminate ers at this plant were asked to make stories, stories from small Ohio towns police and fire and their other local concessions over the past 2 years, and such as Trotwood, near Dayton; Van government entities, eliminating they did. They were asked to produce Wert, on the Indiana border; and teaching positions and others, because

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.021 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6496 CONGRESSIONAL RECORD — SENATE June 11, 2009 of the shortfall in tax revenue from long way off. We have a lot more to do. won’t be able to see it, it will be so plant closings. Some mayors have al- There are weeks and weeks of work bright, because of that child’s potential ready done that. still ahead of us, but a few bear men- or because of his or her circumstances, The worry from these mayors re- tioning. Obviously, the President of the but their potential and, therefore, the minds us we are talking more about United States, President Obama, has light within them is boundless. For jobs and bottom line. We are talking made this a central issue of his Presi- some other children, that light will be about our Nation’s manufacturing fu- dency and has worked very hard and a little more limited because of cir- ture. We are talking about our Nation’s has continued to make this a priority. cumstance, or because of other limita- middle class. We want to commend his leadership. It tions they may have. No matter what I yield the floor, and I suggest the ab- is essential. We cannot move this legis- the situation that child is in, no mat- sence of a quorum. lation without his help. ter how brightly or not so brightly that The PRESIDING OFFICER (Mr. Senator KENNEDY, who has worked on light is shining, we have to make sure UDALL of New Mexico.) The clerk will this issue for more than four decades, I we are there for them, especially when call the roll. guess, now, has given tremendous lead- it comes to health care. So I believe The legislative clerk proceeded to ership and inspiration. Whether he is that light has to continue to shine, and call the roll. here physically or whether he is not, he one of the reasons I am so grateful for Mr. CASEY. Mr. President, I ask is providing that and has provided that the work that has been done already is unanimous consent that the order for for the American people for a genera- that in our committee, we have made the quorum call be rescinded. tion on health care. children a priority. The PRESIDING OFFICER. Without Senator BAUCUS, the head of the Fi- The Health, Education, Labor and objection, it is so ordered. nance Committee, has worked not just Pensions Committee has not only pro- Mr. CASEY. Mr. President, I ask months but years on this. Especially in duced a bill already—it is from one side unanimous consent to be permitted to the last year, in the last 6 months, he of the aisle, the Democratic side; we speak for up to 15 minutes. has been working very hard to get it are working with our Republican colleagues now—but the Affordable Health The PRESIDING OFFICER. Without right on that essential committee. Choices Act is now on the table for de- objection, it is so ordered. Senator DODD has stepped into the Health, Education, Labor and Pensions bate. We are working on it today, f hours and hours yesterday and today, Committee leadership role because HEALTH CARE and we will continue that with our Re- Senator KENNEDY hasn’t always been publican colleagues. Mr. CASEY. Mr. President, I rise this able to be here because of his own afternoon to speak of a subject that is There are a number of provisions in health challenges. there for children that speak directly on the minds of so many Americans. It I also wish to commend the bipar- to this concern I have. Senator DODD is also the subject of a lot of attention tisan spirit that I think is evident on has shown tremendous leadership on and work here in Washington, and that both sides of the aisle. People want to this issue of helping our children issue is health care. I won’t try today get this done, and they want to get it through this legislation. But I believe to cover every aspect of it and to cover done in a bipartisan manner. we have to focus the attention of the all of the details that are being debated What I will speak about today is an country on the challenge, and that is here in Washington, but I rise to begin aspect of this challenge which I think why I have introduced S. Res. 170. a series of speeches that I and others is not getting enough attention and I ask unanimous consent that the en- will be giving on this topic. enough focus and, therefore, may not tire resolution be printed in the I don’t think I need to recite the get enough resolution in the legisla- RECORD as a part of my remarks. challenge the people of Pennsylvania tion, and that is the issue of what hap- There being no objection, the mate- and America face when it comes to pens to our children, especially chil- rial was ordered to be printed in the their health care. I do believe there is dren who are poor or those with dis- RECORD, as follows: some consensus, not only here in Wash- abilities, those with special needs. I be- S. RES. 170 ington but around the country, about lieve the theme—not just the theme Whereas Medicaid is a cornerstone of the what we have to do. We have to take and not just the goal but the ironclad Nation’s health care infrastructure, pro- action, and as we take action, we have promise that we should make when we viding critical health coverage to Americans to be very clear about what we tell peo- talk about reforming health care and who have the greatest needs: children and ple and what is in the legislation: that getting legislation passed—the iron- adults whose financial means are very mod- if you like the health care you have, clad promise should be as follows: No est and people who are in poorer health com- you can keep it; if you don’t like what pared to the population at-large, including child worse off. No child in America individuals with significant disabilities and you have or you don’t have any health should be worse off at the end of this those with multiple chronic illnesses; care, we are going to put a bill in front process, especially poor children and Whereas Medicaid provides health coverage of the American people—in front of the especially those who have special to 1⁄4 of the Nation’s children and more than Senate and the House, and then legisla- needs, those with a disability. 1⁄2 of all low-income children; tion before the American people— Despite all of the great work—and I Whereas because minority children are which will allow that kind of choice. could cite a long list of people to thank more likely to be from low-income families, I believe there is consensus about for children’s health insurance—the Medicaid has been shown to reduce racial and ethnic disparities in health care, as it that. There is consensus about some legislation that was passed in the 1990s provides coverage for 2 out of every 5 Afri- fundamental keys to reform. No. 1 is and the reauthorization is great news: 6 can-American and Hispanic children; the question of cost reduction. We million kids covered, plus 4 million Whereas by limiting cost-sharing and pre- can’t get through this process and not more who will be covered, so almost 10 miums, Medicaid provides a comprehensive get a handle on costs, especially for the million—almost 11 million, actually— benefit package and ensures that children future. No. 2: I think there is a great more than 10 million children are cov- have access to affordable coverage and the consensus about choice, preserving the ered by that. That is wonderful. We health care services they need to stay healthy and meet developmental milestones; kinds of choices people have now and in should be happy about that. We got Whereas Medicaid is designed to meet the fact enhancing the choices that people that done this year. Here is the prob- complex health care needs of low-income and have in their health care decisions. No. lem: There are still 5 million more who special needs children by including a wide 3: To ensure quality, affordable health are not covered. So I rise today to range of essential and comprehensive serv- care for all Americans. The nature of speak about coverage and a focus on ices that many private insurers do not cover; that issue is that we can build on our those children. Whereas Medicaid provides developmental current system, but that we have too Here is what I believe when it comes assessments for infants and young children many people—as many as almost 50 to children in our society. I believe (including well-child visits, vision and hearing services, and access to a wide range of million—who are uninsured. every child born in America is born therapies to manage developmental disorders There are a lot of people to thank with a light inside them. For some and chronic illnesses) and coverage for in- here in Washington for the work that children, the reach of that light will be home support, long-term care for special has been done already. I know we are a boundless. It will be scintillating. You needs children, and transportation services;

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.023 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6497 Whereas Medicaid provides a care coordi- challenges they have, the problems Mr. DODD. Mr. President, I ask unan- nation benefit that supports at-risk children they encounter can be exacerbated if imous consent that the order for the by coordinating State health services, there- children face economic challenges or quorum call be rescinded. by furthering the ability of States to effec- have any kind of special needs. These The PRESIDING OFFICER. Without tively coordinate medical and social services that are provided by multiple organizations needs must be met, and if they are not objection, it is so ordered. and agencies; met, the whole trajectory for the fu- Mr. DODD. Mr. President, what is the Whereas administrative spending is lower ture of that child will be changed for business before the Senate? in Medicaid than through private insurance; the worse. f Whereas Medicaid is critical for ensuring Let me say in conclusion, we have that children have access to safety-net pro- seen throughout our history that there CONCLUSION OF MORNING viders in their local communities and for are some people who cannot do some- BUSINESS training health care professionals, including thing on their own, that they need the The PRESIDING OFFICER. Morning pediatricians; and help of a program, they need the help Whereas Medicaid provides low-income business is closed. children with the full complement of serv- of a government, and thank goodness f ices they need to meet their unique health we made the determination a long time and developmental needs: Now, therefore, be ago that our health care system is part FAMILY SMOKING PREVENTION it of that equation. When I think about AND TOBACCO CONTROL ACT Resolved, That it is the sense of the Senate health care and when we think about The PRESIDING OFFICER. Under that— the health care of children, no matter the previous order, the Senate will re- (1) Congress should ensure that reform of what income level their family happens our Nation’s health care system shall benefit sume consideration of H.R. 1256, which all children and that no child shall be worse to be in, but especially if they are poor the clerk will report. off, particularly the most vulnerable low-in- or have special needs, and you think of The bill clerk read as follows: come children and children with disabilities; the love of a mother, with the kind of A bill (H.R. 1256) to protect the public and love that a mother provides to a child, health by providing the Food and Drug Ad- (2) strengthening our Nation’s Medicaid there are so many things that one ministration with certain authority to regu- program should be a priority and that low- mother can provide for her child. She late tobacco products, to amend title 5, income children should not be moved into a can help with that child’s education. United States Code, to make certain modi- health care exchange system that could dis- She can provide nurturing and care and fications in the Thrift Savings Plan, the rupt and diminish their benefits, cost-shar- Civil Service Retirement System, and the ing protections, availability of care stand- love to make sure that child develops in the way we would hope. She can Federal Employees’ Retirement System, and ards and protections, and access to supports, for other purposes. services, and safety-net providers. even help somewhat in that child’s health care. But no matter how much a The PRESIDING OFFICER. Under Mr. CASEY. S. Res. 170 is cospon- the previous order, the time until 2:30 sored by Senators DODD, ROCKEFELLER, mother loves her child, no matter how skilled she is, no matter how dedicated p.m. will be equally divided and con- BROWN, WHITEHOUSE, and SANDERS. I trolled between the Senator from Con- will highlight some of the features of she is to the welfare of her child, and necticut, Mr. DODD, and the Senator it. no matter how much she loves that from Wyoming, Mr. ENZI, or their des- First, it starts with a recognition child, she cannot—cannot—provide the that the Medicaid Program is a corner- kind of protections that health insur- ignees. stone of the Nation’s health insurance ance provides and the kind of medical Mr. DODD. Mr. President, I see my infrastructure. It notes in the resolu- attention that a good hospital or a friend from Ohio, Senator BROWN, who tion that Medicaid covers a quarter of good doctor or a good health care pro- has been a champion of this issue, not all children in the country—one-quar- fessional can provide. only as a Member of this body but as a ter—and half of all poor children. It So we have a choice. We can have former Member of the other body. He notes as well that Medicaid has been health reform legislation, and everyone has spoken eloquently on this already. shown to reduce racial and ethnic dis- will pat each other on the back and we I will defer to him whatever time he parities in health care and provides will all be happy we got it done. That may wish to use. I am told Senator coverage for two out of every five Afri- would be wonderful. But if we get this ENZI will be here shortly. We will go can-American and Hispanic children. bill passed and we have fallen short back and forth between now and 2:30. Medicaid is a comprehensive benefit with regard to our children, especially The PRESIDING OFFICER. The Sen- package. It provides developmental as- those who are poor and have special ator from Ohio is recognized. sessments for infants and young chil- needs, I think we will have failed not Mr. BROWN. I thank the Senator. dren. It has care coordination benefits only those children, of course, but we Mr. President, I have watched with in support of at-risk children, and Med- will have failed the obligation we have great admiration Senator DODD’s work icaid’s administrative spending is to make sure that every child comes on this bill. I also worked on this bill lower than that through private insur- through this with the kind of protec- with HENRY WAXMAN in the House of ance. tions and the kind of help they should Representatives. Senators KENNEDY, Here is the end of the resolution, and have a right to expect, and that that DODD, DURBIN, and Congressman WAX- I am summarizing here: It is the intent mother can have a sense that this MAN have helped to bring these issues of this resolution to say that the Na- country, this government has made a forward, and they have never given up. tion’s health care system shall benefit full commitment—not a partial com- I boil this issue down to basically al- all children—all children—and that no mitment but a full commitment—to most one sentence. I remember sitting child shall be worse off at the end of children. in front of the Health Subcommittee in this debate. Low-income children Let us, as we go forward, remember the House years ago and seeing the to- should not be moved into a health care the love that a mother has for her child bacco company executives swear to tell exchange system that could disrupt and the limitations—no matter how the truth, and they didn’t exactly tell and diminish their benefits. That is S. much that mother loves that child and the truth when they talked about nico- Res. 170. what she is able to do—that we must tine not being an addiction. I learned I believe it is critically important to help her with in this debate. Let us not one simple concept at that hearing— emphasize this idea, that no child forget, and let us make sure that the and we have known this for a number should be worse off as a result of health legislation we pass on health care re- of years—which is that 400,000 Ameri- care reform—not a single child—and in form has as one of its ironclad prom- cans die every year from tobacco-re- particular, those who have special ises: no child worse off. lated illnesses. On average, that means needs or who happen to be poor. Mr. President, I yield the floor and more than 1,000 Americans die every We know from our research that chil- would note the absence of a quorum. day from tobacco-related illnesses. dren are not small adults. They have The PRESIDING OFFICER. The If you are a tobacco executive, you different challenges. They have devel- clerk will call the roll. think about this: You have lost 400,000 opmental and health care needs that The bill clerk proceeded to call the customers every year, more than a are very different from adults. The roll. thousand customers every day, and you

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.012 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6498 CONGRESSIONAL RECORD — SENATE June 11, 2009 need to replenish your customer base. dustry to be unregulated. But by a 1- battle, we will vote at 2:30. It will go What do you do? You need to find vote margin, basically, 61 votes, on a through overwhelmingly, and we will 400,000 new customers every year. You bipartisan basis, we terminated that go on to the next matter. don’t go to people of Senator DODD’s debate, which is bringing us to the vote Our leader, HARRY REID, insisted we and my generation; you don’t even go in 20 minutes. While it may seem like stay on this matter. That is leadership. to my children’s age group; they are in another vote on this day, June 11, 2009, He could have easily said let’s move on their late twenties. You aim your mar- it is a significant vote. I don’t know of to another issue, it is taking too long— keting campaign at the young men and another vote in the last number of 3 weeks to get it done. But because women sitting in front of me, the pages years as important as this one. We are HARRY REID and DICK DURBIN and MIKE on the steps in front of the Presiding going to start a markup in the next ENZI stayed with us and insisted we go Officer’s chair. You aim at people 14, week—my friend from Wyoming has through a normal process, which is 15, 16, 17, 18 years old. You have to find been involved in this and is passionate right to do in our committee, with the 400,000 new customers every year and about the issue of smoking. We are good staff people who have worked more than 1,000 customers every day. going to mark up bills and fashion a hard on this, we are going to get this And they are pretty successful at it. major health care reform debate in this done today. We might move on to the I heard Senator DODD talk a few min- country. What better way to begin that next issue then. utes ago in another meeting, and he debate than by the vote we are going to For the first time, we will make a said something like 3,000 new young take in a few minutes. difference by requiring that the FDA people start smoking every day. Of For the first time in the history of regulate the production, the sale, and those 3,000, for many it becomes a life- our country, we will insist that to- the marketing of these products. That long habit and many will die as a re- bacco products be regulated by the is history. I cannot tell you how proud sult of smoking. So the key point FDA. To put this into perspective, the I am to be involved in it, in the name about this legislation—what makes the FDA regulates not only all the food of TED KENNEDY and the others who legislation Chairman DODD brought and other products we ingest, it regu- came before us, including Mike DeWine forward today so important—is to have lates cosmetics, mascara, lipstick, and of Ohio, Tom Davis, HENRY WAXMAN the FDA finally be involved in tobacco- all sorts of products that we not only and many others and the thousands of related illness and regulation. What ingest but that we also use on our bod- organizations that joined us in this ef- makes it so important is we need some- ies. It also controls the products your fort today. body to stand between the very well- pets consume, such as cat food, dog Mr. DURBIN. Will the Senator yield? paid drug company marketing execu- food, hamsters, and whatever else; the Mr. DODD. Yes. tives and these 13-, 14-, 15-, and 16-year- FDA has the power to regulate that. Mr. DURBIN. I thank the Senator olds who aren’t nearly as sophisticated. But for 50 years, the tobacco industry from Connecticut for his leadership on We need some assistance in making has successfully fought the ability to this issue. Just a few weeks ago, he had sure those targeting efforts cannot get regulate tobacco products. Yet 3,000 to the legislation on credit card reform. those young people addicted. 4,000 kids start smoking every day in I thank Senator ENZI for making this One thousand Americans every day this country; 400,000 a year die, as you a true bipartisan effort. We would not die from tobacco-related illnesses. have heard from Senator BROWN. It is be here today without his cooperative They need 1,000 new customers every incredible to me that for more years effort. day to replenish their customer base. than many want to believe or count, I thank Senator DODD for invoking This legislation will help stop that. we have had an industry that has gone the name of our great hero, TED KEN- That is why this is important, and the basically unregulated. Of course, the NEDY, who started this fight. Senate needs to pass this legislation. idea that you can put cherry flavors In just a few minutes, this Senate That is why this 15-year effort to do and strawberry flavors in a cigarette will make a historic decision, and I this right finally is coming to fruition. and use cartoon figures to market it, think it will make the right decision. We need to pass this and get it to the that is not aimed at the 30- and 40- Joe Camel will be given a life sentence President. He is eager to sign it. It will year-old tobacco user, it is aimed at and put away forever, and we are going matter greatly in affecting America’s children. One thousand of those chil- to give our kids and families across public health in the decades ahead. dren become addicted every day, and America a fighting chance for a better I yield the floor. one-third that number will die pre- life. The PRESIDING OFFICER. The Sen- maturely from smoking. This bill is historic. It has been a ator from Connecticut is recognized. I will guarantee you there is not an long time coming. I thank my col- Mr. DODD. I thank my colleague adult smoker who wishes their child leagues for all their work to make it from Ohio for his remarks and for his would begin smoking. I guarantee you possible. efforts over the years. This has been a that virtually 100 percent of adult Mr. DODD. I yield the floor. long journey. It goes back 50 years. smokers have many wishes for their The PRESIDING OFFICER. The Sen- Back then, the Surgeon General of the children and one is that their children ator from Wyoming. United States warned of the health ef- never start the habit that they did. We Mr. ENZI. Mr. President, I rise today fects of smoking—a half century ago. are told by health officials, experts, in support of the Family Smoking Pre- I know we will have a big vote at 2:30, that the average person who smokes vention and Tobacco Control Act. I and that is great news. Sometimes a and tries to quit, tries seven times be- have thought long and hard about this large vote such as this minimizes the fore effectively kicking the habit. I am legislation, and after a lot of work and impact of the decision. This has been a a former smoker. Let me tell you, it is a few good improvements, I believe this very long battle. Somebody told me the hard. I know others have not smoked, bill is the only bill we will consider se- other day the issue to ban smoking on and my colleague from Wyoming talks riously that will make it difficult for airplanes only passed the Congress by about his own family smoking. He kids to get tobacco, make it difficult one vote. Imagine today if somebody never did, but he grew up in a family for them to start smoking, and that is tried to restore the right, or privilege, that did. My mother smoked cigarettes the important point. to smoke on airplanes. I doubt you and my father smoked cigars and pipes I want to be clear, I still do not think would find one vote in favor. Even in our house with six children. Many of there is enough in this bill to stop smokers object to smoking on air- my siblings smoked growing up, all of smoking. One smoker is too many. But planes today. So only by a one-vote whom have stopped. But it is hard. maintaining the current state of to- margin did Congress vote to ban that Today, in the name of my colleague bacco regulations is not acceptable to practice. from Massachusetts, Senator KENNEDY, me. On Monday, we had a cloture vote. who for four decades championed this, One issue we have not discussed People can vote for a lot of different as well as HENRY WAXMAN in the House, much is the cost of tobacco use to non- reasons. I don’t suggest that everybody DICK DURBIN of Illinois, SHERROD smokers. Many smokers say it is their who voted against cloture was in favor BROWN of Ohio, MIKE ENZI of Wyoming, business what they put into their bod- of continuing to allow the tobacco in- and many others who have fought this ies. Ordinarily, they would be right.

VerDate Nov 24 2008 01:01 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.033 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6499 But when it comes to tobacco, we all The new larger color graphic warning I thank Senator DODD, who has been pay for what smokers put into their labels provision I authored will do a lot chairing this effort and working on bodies and breathe out into the air. We to reduce smoking. Everyone from the this bill with me, for giving us a voice all bear the increased financial costs of World Health Organization to the Con- and taking the bill through the whole the diminished health of smokers. gressional Budget Office says these process. It was extremely important, When one of your colleagues smokes, warnings work. Research shows these extremely valuable. The floor discus- health insurance premiums go up for warnings have a big impact. One-fifth sion took longer but with less debate everybody. Every senior who uses to- of the participants reported smoking than I anticipated. I know some par- bacco creates a further strain on Medi- less as a result of the labels. Only 1 liamentary issues got in the way of care, and since you pay for that, too, percent reported smoking more. that. We could have had more success, through your taxes, it puts a strain on We should want kids who are think- but there were some additional amend- your wallet. ing about taking up this deadly habit ments that could not be resolved. If smokers were the only ones who to have a bit of a shock just by looking I always ask people to do relevant or paid the price for smoking, we would at the package. We should want smok- germane amendments to the bills. not be having this debate at all. But ers to think about these health issues When they talk about doing other ones, since the extra costs get shifted to the each time they light up. Any tool in it sometimes slows our process down rest of us, it becomes our problem too. our arsenal that makes people think dramatically and usually does not re- Secondhand smoke penalizes those who twice about taking up tobacco should sult in any of those amendments hap- do not smoke, particularly the families not be an option, it should be a require- pening anyway. of smokers. I hope they listen to that ment. Now these labels are a require- I also wish to thank all the staff who and realize that. ment. worked on this bill. They, too, have Unfortunately, I know a lot about Finally, we now require reports on been very diligent, have looked at ev- this since my parents’ smoking im- the performance of FDA’s tobacco cen- erything, have done tremendous re- pacted me. My mom, we thought, quit, ter and on the financial situation of search. I particularly thank Amy but she became a closet smoker, which the program. Without this regular re- Muhlberg for her efforts on this legisla- porting, Congress would have little in- goes with Senator DODD’s comment tion. I think she knows the tobacco bill sight into the operation and status of that it is hard to give it up, and I un- and other proposals better than prob- this new program. These reports play derstand how hard it is to give it up. ably anybody. She has real diligence an important role in establishing the When she quit smoking and was not and passion for it. I also thank Greg health of the programs and FDA’s per- smoking around me, my doctor told me Dean of my staff for his efforts. He has formance in carrying out the law. he was glad I quit smoking. I said I a legal mind that helps us on these never did. He showed me the lung x I want to make sure the agency is doing what it is supposed to do and issues. rays he had taken the year before at I thank Senator BURR for his hard my athletic physical and that year at that the fees are paying for FDA’s tobacco control activities. These reports work during this process. Although he my athletic physical. When they quit ultimately was not successful, his ef- smoking around me, I also got over ex- will help us do just exactly that. I have always stood against tobacco. forts helped advance the debate and treme hay fever. highlight some areas where improve- Nearly 22 million U.S. children aged 3 The footing would have been better if ment is needed. He put considerable to 11 are exposed to secondhand smoke. changes such as my phase-out amend- time and energy into preparing a viable Approximately 30 percent of indoor ment to reduce tobacco use over 100 alternative, and I appreciate the way workers in the United States are not years was accepted. I know how addict- he created options. covered by smoke-free workplace poli- ive it is. I did not want to make it too Chris Wall of Senator BURR’s staff cies. Those numbers are just too high. short a period of time. I thought 100 was extremely helpful during the We cannot keep paying that price. years was plenty reasonable. We did I also have concerns about the long- not have a chance to debate that or markup and floor debate, and I thank term financial health of this new cen- look at it. I actually offered that a lit- him and compliment his work with my ter at FDA. The bill gives FDA in- tle more than a year ago. It was a new staff and others on this bill. Jeff Teitz creases in funding for this program for amendment then. New amendments and Ben Olinsky of Senator KENNEDY’s the first 10 years but leaves it flat after have trouble getting traction, except in staff, and Jim Fenton and Jeremy that. I think Congress will have to re- New Zealand. New Zealand liked this Sharp of Senator DODD’s staff were also visit that issue or this program will approach to stopping smoking and critical to our progress on this bill. Fi- wither on the vine and we will not have looked at it in their legislature. They nally, Megan Hauck from the Repub- meaningful tobacco regulation. We even called it the Enzi bill. Of course, lican leader’s office and the floor staff cannot let that happen. you have to realize that is how it for their assistance. This bill does contain three impor- sounds and that is the way they spelled I do intend to continue the fight tant provisions for which I fought; in- it, but in New Zealand, ‘‘NZ’’ stands for against tobacco. I ask my colleagues to creased fines on tobacco companies, their country. I think they were talk- join me in this fight. I thank Senator larger color graphic warning labels, ing about their country’s bill rather DODD for all of his efforts. There is true and reporting to Congress on how the than something I had written. It was passion. program is going. I would like to talk kind of fun to watch anyway. I yield the floor. about each of these for a moment. I think we need to look at some ap- REGULATING TOBACCO WAREHOUSES We know from decades of experience proaches such as that idea where the Mr. WARNER. Mr. President, the bill that the tobacco companies are not in- tobacco companies have to reduce the before us grants standby authority to clined to follow the law. They do not number of cigarettes they are selling the Secretary of Health and Human have a history of being forthcoming each and every year or purchase a Services to regulate ‘‘tobacco ware- with the health information in their number from another company to houses.’’ Because the bill already draws possession. Just 2 weeks ago, the U.S. make up for the increase in cigarettes a bright line between tobacco compa- Court of Appeals for the District of Co- they sold, which would reduce smoking nies that actually manufacture tobacco lumbia found that the tobacco compa- at least in one part and over a long pe- products and those, including growers nies were guilty of ‘‘ . . . a decades- riod of time would eliminate this prob- and ‘‘tobacco warehouses,’’ that do not long conspiracy to deceive the Amer- lem. manufacture, I would expect that the ican public about the health effects and This bill is just one step toward the Secretary would utilize the standby au- addictiveness of smoking cigarettes.’’ goal I know we all share, which is re- thority to regulate tobacco warehouses I am pleased I was able to add a ducing the public health toll of tobacco only under unforeseen and unantici- measure to the bill that increased civil use. I urge my colleagues not to rest on pated circumstances that give rise to penalties for violations of the new law their laurels and think this bill is public health concerns. and sends a strong message that we are enough to combat tobacco. I intend to Mr. DODD. That is my general under- serious about expecting compliance continue the fight against tobacco, and standing of the provision. from the tobacco industry. I ask my colleagues to join me. Mr. WARNER. I thank the Senator.

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The Lieberman amend- bacco industry should be regulated, a used in agriculture, including the pro- ment included these provisions as well new study released this spring showed duction of tobacco leaf. EPA approves as the Non-Foreign Area Retirement that changes the tobacco industry has the use of all pesticides in the United Equity Assurance Act, to provide Fed- made to cigarette design over the years States under the authority of the Fed- eral employees in Alaska, Hawaii, and has increased the risk of lung cancer eral Insecticide, Fungicide and the territories locality pay. I strongly for those who smoke. Rodenticide Act—FIFRA. I would ask supported the Lieberman amendment In addition to making their products Senator HARKIN if this bill would in and all the Federal employee annuitant more potent and addictive, study after any way limit the authority of the Ad- provisions, and I am very disappointed study has shown how the tobacco in- ministrator of the Environmental Pro- that a lack of cooperation for this bi- dustry continues to successfully target tection Agency to regulate pesticides partisan amendment led to its defeat. I advertising to minors to get them hooked for life on smoking. Each year, under FIFRA. am hopeful that we will be able to ad- the tobacco industry spends over $13 Mr. HARKIN. I would respond to the dress these critical issues to Federal billion in advertising—that is $36 mil- Senator from Georgia that it is my un- employees very soon. derstanding that nothing in the Family I appreciate all of the work done on lion every day. Studies have showed that children are three times more sen- Smoking Prevention and Tobacco Con- this important issue by my friend from sitive to tobacco advertising than trol Act would restrict the Administra- Massachusetts, Senator KENNEDY, and adults and are more likely to be influ- tor’s authority provided under FIFRA. my friends from Connecticut, Senators enced to start smoking by cigarette Mr. DODD. I agree with my col- DODD and LIEBERMAN. I look forward to leagues from the Committee on Agri- marketing than by peer pressure. the enactment of this vital legislation. This bill addresses these shameful culture, Nutrition and Forestry. Mr. LEAHY. Mr. President, I am business practices by giving the United Mr. AKAKA. Mr. President, I support pleased the Senate is moving once States Food and Drug Administration the Family Smoking Prevention and again to pass legislation to regulate to- the authority for the first time to reg- Tobacco Control Act. Tobacco products bacco products in the United States. ulate the sale, distribution, and adver- kill approximately 400,000 people each Senator KENNEDY’s lifetime efforts to tising of cigarettes and smokeless to- year. The Food and Drug Administra- improve the public’s health are exem- bacco. It will require manufacturers to tion, FDA, must be provided with the plified in his fight to pass the Family better disclose the contents and con- authority to regulate deadly tobacco Smoking Prevention and Tobacco Con- sequences of their products in new, products, restrict advertising, and fur- trol Act. Despite many setbacks, Sen- stronger warning labels on packages. It ther restrict access of tobacco to chil- ator KENNEDY has worked tirelessly to will also prohibit cigarette companies dren. pass this legislation and I am proud to from labeling their brands as reduced The Campaign for Tobacco-Free Kids join him again as a cosponsor of this risk ‘‘lite’’ or ‘‘ultra-lite’’ unless the estimates that almost 10 percent of Ha- bill. This legislation is long overdue government can certify that those waii high school students smoke. Fla- and I look forward to it being signed claims are true. The very purpose of vored cigarettes are one of the repul- into law. the Food and Drug Administration is sive methods used by tobacco compa- The health risks associated with to protect the interests and safety of nies to get children and teenagers to smoking are undisputed and cost hun- consumers and this legislation will fi- start smoking. In 2004, R.J. Reynolds dreds of thousands of Americans their nally allow the FDA to hold the to- Tobacco Company tried to exploit im- lives every year. Tobacco products will bacco industry accountable for their ages of my home state of Hawaii and kill one out of three long-term smok- products. the name of one of our islands in an at- ers, leading to over 400,000 deaths per A recent ruling by the District of Co- tempt to make smoking more attrac- year. The Surgeon General has deter- lumbia Circuit Court highlights the tive. One of the cigarettes, which was mined that smoking causes lung can- need for serious regulation of the to- named Kauai Kolada, was flavored with cer, heart disease, and other serious ill- bacco industry. The DC Appeals Court hints of pineapple and coconut. An- nesses. Deaths from tobacco products confirmed the district court’s ruling, other lime-flavored cigarette was fea- exceed deaths from HIV/AIDS, illegal which found that the tobacco industry tured in the predatory marketing cam- drug use, alcohol use, car accidents, had for decades engaged in deceptive paign. It was extraordinarily offensive suicides, and murders combined. marketing tactics to conceal the nega- that a manufacturer of such a deadly Despite the dangers of smoking, we tive health impacts of smoking. The product would exploit and taint the im- have seen that children have the great- ruling confirmed that tobacco compa- ages and names from Hawaii in an at- est risk of becoming addicted to to- nies had not changed the way their tempt to attract young smokers. This bacco. Each day more than 3,500 chil- products were marketed in response to is just one example of some of the prod- dren will try a cigarette for the first the Master Settlement Agreement, and ucts and marketing used to attract time and 1000 of those kids will become instead the industry has more than young people to become smokers. regular smokers. Among adult smok- doubled spending on marketing cam- This legislation includes a long over- ers, 90 percent started smoking as chil- paigns that included spurious claims of due prohibition on fruit and candy fla- dren and teens under the age of 18. In ‘‘healthier’’ cigarettes that are ‘‘light’’ vored cigarettes. It also will permit the my home State of Vermont, more than or ‘‘low-tar.’’ The ruling did not, how- FDA to restrict advertising, mar- 18 percent of high school students ever, require that the tobacco industry keting, and sales practices in an at- smoke. According to the Campaign for surrender profits that resulted in the tempt to further limit the access of to- Tobacco-Free Kids, 12,000 children in misleading advertising or stop the in- bacco products to children. This bill Vermont will ultimately die from dustry from adding flavors to make will help protect our children and im- smoking if smoking rates remain un- products more appealing to kids or to prove the public health of our country. changed. manipulate nicotine levels to increase We must prevent tobacco companies These statistics are horrifying but addictiveness and harm. The tobacco from cultivating another generation of perhaps not surprising given the his- industry must be regulated to create smokers so that they can increase sales toric lack of regulation of the tobacco transparency in the contents of to- and reap more profits at the expense of industry. At a congressional hearing as bacco products and to help stop hun- the health and well-being of our fami- late as 1994, tobacco industry chairmen dreds of thousands of preventable lies. and CEOs testified that nicotine is not deaths each year. In order to supplement the loss in addictive, even though decades of evi- For far too long, the tobacco indus- revenue from this bill, the House added dence showed otherwise. In fact, the to- try has been given free rein to mislead

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.014 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6501 the public and encourage children and tion in youth smoking can happen im- H.R. 1256 teens to take up smoking. The passage mediately with the passage of this bill. Resolved, That the bill from the House of of this bill will give the FDA the au- That may not seem like much, but it is Representatives (H.R. 1256) entitled ‘‘An Act thority it needs to effectively protect a beginning. We may just reach the to protect the public health by providing the children from smoking and improve goal of my colleague from Wyoming of Food and Drug Administration with certain consumer awareness of tobacco indus- a 100-percent reduction of young people authority to regulate tobacco products, to smoking. My hope is that certainly amend title 5, United States Code, to make try practices, which will in turn save certain modifications in the Thrift Savings American lives. I urge all Senators to will be the case. Plan, the Civil Service Retirement System, support passage of the Family Smok- Mr. President, with a little bit of and the Federal Employees’ Retirement Sys- ing Prevention and Tobacco Control time remaining, I am prepared to yield tem, and for other purposes.’’, do pass with Act. back the time, and at the appropriate the following amendment: The PRESIDING OFFICER. The Sen- moment, I will ask for the yeas and Strike all after the enacting clause and in- ator from Connecticut. nays. sert the following: Mr. DODD. Mr. President, I thank my The PRESIDING OFFICER. The Sen- DIVISION A—FAMILY SMOKING PREVEN- colleagues. We are getting close to the ator’s time has expired. The Senator TION AND TOBACCO CONTROL ACT time of the vote. I would be remiss if I from Wyoming has 3 minutes 30 sec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. did not also mention our staff. I often onds remaining. (a) SHORT TITLE.—This division may be cited say in a time such as this, Senators get Mr. ENZI. Mr. President, I yield back as the ‘‘Family Smoking Prevention and To- the opportunity to stand at a podium the remainder of my time. bacco Control Act’’. Mr. DODD. Mr. President, I ask for (b) TABLE OF CONTENTS.—The table of con- and be heard, but there are literally the yeas and nays. tents of this division is as follows: dozens of people whose names most The PRESIDING OFFICER. Is there a Sec. 1. Short title; table of contents. Americans will never know who make sufficient second? Sec. 2. Findings. these moments happen. They deserve There is a sufficient second. Sec. 3. Purpose. public recognition because they worked Under the previous order, the bill Sec. 4. Scope and effect. tirelessly, late nights, weekends, having been read the third time, the Sec. 5. Severability. around the clock negotiating, working question is, Shall the bill, as amended, Sec. 6. Modification of deadlines for Secretarial action. with each other trying to iron out pro- pass? visions of the bill. The clerk will call the roll. TITLE I—AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION On Senator KENNEDY’s staff: Jeff The legislative clerk called the roll. Teitz, Michael Myers, Ben Olinsky, Mr. DURBIN. I announce that the Sec. 101. Amendment of Federal Food, Drug, Terri Roney, Shawn Daugherty, and Senator from West Virginia (Mr. BYRD) and Cosmetic Act. and the Senator from Massachusetts Sec. 102. Final rule. Portia Wu. Some are in the Chamber. I Sec. 103. Conforming and other amendments to thank them immensely on behalf of (Mr. KENNEDY) are necessarily absent. general provisions. Senator KENNEDY. Mr. KYL. The following Senator is Sec. 104. Study on raising the minimum age to Senator DURBIN’s staff: Tom Falletti necessarily absent: the Senator from purchase tobacco products. and Sara Singleton have been terrific Missouri (Mr. BOND). Sec. 105. Enforcement action plan for adver- in this effort. We thank Tom and Sara Further, if present and voting, the tising and promotion restrictions. for their work. Senator from Missouri (Mr. BOND) Sec. 106. Studies of progress and effectiveness. Senator ENZI’s staff: Greg Dean and would have voted ‘‘nay.’’ TITLE II—TOBACCO PRODUCT WARNINGS; Amy Muhlberg. We thank them im- The PRESIDING OFFICER. Are there CONSTITUENT AND SMOKE CON- mensely. They worked hard on this any other Senators in the Chamber de- STITUENT DISCLOSURE bill. siring to vote? Sec. 201. Cigarette label and advertising warn- Finally I want to thank Jim Fenton The result was announced—yeas 79, ings. from my office, Rachael Holt, Jeremy nays 17, as follows: Sec. 202. Authority to revise cigarette warning label statements. Sharp, who is sitting next to me, and [Rollcall Vote No. 207 Leg.] YEAS—79 Sec. 203. State regulation of cigarette adver- Monica Feit. I have gotten a lot of help tising and promotion. in this effort, with Senator KENNEDY’s Akaka Grassley Nelson (FL) Sec. 204. Smokeless tobacco labels and adver- Barrasso Gregg Pryor staff and Senator ENZI’s staff. tising warnings. Baucus Harkin Reed Sec. 205. Authority to revise smokeless tobacco There are members of the majority Bayh Hutchison Reid leader’s staff who deserve our thanks Begich Inouye Risch product warning label statements. as well. We always have to thank Lula, Bennet Johanns Rockefeller Sec. 206. Tar, nicotine, and other smoke con- Bingaman Tim, and others who make it all pos- Johnson Sanders stituent disclosure to the public. Boxer Kaufman Schumer TITLE III—PREVENTION OF ILLICIT sible. We thank them all very much for Brown Kerry Sessions Burris Klobuchar TRADE IN TOBACCO PRODUCTS what they do. Shaheen Cantwell Kohl Sec. 301. Labeling, recordkeeping, records in- Again, as Senator DURBIN said, and Shelby Cardin Landrieu spection. Senator ENZI and others have said, this Snowe Carper Lautenberg Sec. 302. Study and report. is a historic moment for our Chamber Casey Leahy Specter SEC. 2. FINDINGS. to be able to do something. Fifty years Cochran Levin Stabenow Collins Lieberman Tester The Congress finds the following: ago the Surgeon General warned us of Conrad Lincoln Thune (1) The use of tobacco products by the Na- tobacco use, and a half century later Corker Lugar Udall (CO) tion’s children is a pediatric disease of consider- we are about to insist the agency in Cornyn Martinez Udall (NM) able proportions that results in new generations charge of food, drugs, cosmetics, and Crapo McCain Vitter of tobacco-dependent children and adults. Dodd McCaskill Voinovich (2) A consensus exists within the scientific pet food also be able to include to- Dorgan Menendez Warner and medical communities that tobacco products bacco. We are about to do that. Durbin Merkley Webb The House and Senate bills are simi- Enzi Mikulski Whitehouse are inherently dangerous and cause cancer, lar, and I believe we will have a Presi- Feingold Murkowski Wicker heart disease, and other serious adverse health Feinstein Murray Wyden effects. dential signature on this legislation Gillibrand Nelson (NE) (3) Nicotine is an addictive drug. very quickly. NAYS—17 (4) Virtually all new users of tobacco products On behalf of millions of families are under the minimum legal age to purchase Alexander Coburn Inhofe across this country and as the father of Bennett DeMint Isakson such products. a 4-year-old and a 7-year-old who do Brownback Ensign Kyl (5) Tobacco advertising and marketing con- not know anything about tobacco yet, Bunning Graham McConnell tribute significantly to the use of nicotine-con- and whose mother does not smoke, Burr Hagan Roberts taining tobacco products by adolescents. Chambliss Hatch never did, and a father who did but (6) Because past efforts to restrict advertising NOT VOTING—3 and marketing of tobacco products have failed stopped, on behalf of my children and adequately to curb tobacco use by adolescents, Bond Byrd Kennedy millions of children around this coun- comprehensive restrictions on the sale, pro- try, we are told by the Congressional The bill (H.R. 1256), as amended, was motion, and distribution of such products are Budget Office that an 11-percent reduc- passed, as follows: needed.

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 6333 E:\CR\FM\G11JN6.013 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6502 CONGRESSIONAL RECORD — SENATE June 11, 2009 (7) Federal and State governments have youth smoke three heavily marketed brands, (35) Tobacco products have been used to fa- lacked the legal and regulatory authority and while only 54 percent of adults, 26 and older, cilitate and finance criminal activities both do- resources they need to address comprehensively smoke these same brands. mestically and internationally. Illicit trade of the public health and societal problems caused (24) Tobacco company documents indicate tobacco products has been linked to organized by the use of tobacco products. that young people are an important and often crime and terrorist groups. (8) Federal and State public health officials, crucial segment of the tobacco market. Children, (36) It is essential that the Food and Drug Ad- the public health community, and the public at who tend to be more price sensitive than adults, ministration review products sold or distributed large recognize that the tobacco industry should are influenced by advertising and promotion for use to reduce risks or exposures associated be subject to ongoing oversight. practices that result in drastically reduced ciga- with tobacco products and that it be empowered (9) Under article I, section 8 of the Constitu- rette prices. to review any advertising and labeling for such tion, the Congress is vested with the responsi- (25) Comprehensive advertising restrictions products. It is also essential that manufacturers, bility for regulating interstate commerce and will have a positive effect on the smoking rates prior to marketing such products, be required to commerce with Indian tribes. of young people. demonstrate that such products will meet a se- (10) The sale, distribution, marketing, adver- (26) Restrictions on advertising are necessary ries of rigorous criteria, and will benefit the tising, and use of tobacco products are activities to prevent unrestricted tobacco advertising from health of the population as a whole, taking into in and substantially affecting interstate com- undermining legislation prohibiting access to account both users of tobacco products and per- merce because they are sold, marketed, adver- young people and providing for education about sons who do not currently use tobacco products. tised, and distributed in interstate commerce on tobacco use. (37) Unless tobacco products that purport to a nationwide basis, and have a substantial ef- (27) International experience shows that ad- reduce the risks to the public of tobacco use ac- fect on the Nation’s economy. vertising regulations that are stringent and com- tually reduce such risks, those products can (11) The sale, distribution, marketing, adver- prehensive have a greater impact on overall to- cause substantial harm to the public health to bacco use and young people’s use than weaker tising, and use of such products substantially the extent that the individuals, who would oth- or less comprehensive ones. affect interstate commerce through the health erwise not consume tobacco products or would care and other costs attributable to the use of (28) Text only requirements, although not as stringent as a ban, will help reduce underage consume such products less, use tobacco prod- tobacco products. ucts purporting to reduce risk. Those who use (12) It is in the public interest for Congress to use of tobacco products while preserving the in- products sold or distributed as modified risk enact legislation that provides the Food and formational function of advertising. products that do not in fact reduce risk, rather Drug Administration with the authority to regu- (29) It is in the public interest for Congress to than quitting or reducing their use of tobacco late tobacco products and the advertising and adopt legislation to address the public health products, have a substantially increased likeli- promotion of such products. The benefits to the crisis created by actions of the tobacco industry. hood of suffering disability and premature American people from enacting such legislation (30) The final regulations promulgated by the death. The costs to society of the widespread use would be significant in human and economic Secretary of Health and Human Services in the of products sold or distributed as modified risk terms. August 28, 1996, issue of the Federal Register (61 (13) Tobacco use is the foremost preventable Fed. Reg. 44615–44618) for inclusion as part 897 products that do not in fact reduce risk or that cause of premature death in America. It causes of title 21, Code of Federal Regulations, are con- increase risk include thousands of unnecessary over 400,000 deaths in the United States each sistent with the first amendment to the United deaths and injuries and huge costs to our health year, and approximately 8,600,000 Americans States Constitution and with the standards set care system. (38) As the National Cancer Institute has have chronic illnesses related to smoking. forth in the amendments made by this subtitle (14) Reducing the use of tobacco by minors by for the regulation of tobacco products by the found, many smokers mistakenly believe that 50 percent would prevent well over 10,000,000 of Food and Drug Administration, and the restric- ‘‘low tar’’ and ‘‘light’’ cigarettes cause fewer today’s children from becoming regular, daily tion on the sale and distribution of, including health problems than other cigarettes. As the smokers, saving over 3,000,000 of them from pre- access to and the advertising and promotion of, National Cancer Institute has also found, mis- mature death due to tobacco-induced disease. tobacco products contained in such regulations taken beliefs about the health consequences of Such a reduction in youth smoking would also are substantially related to accomplishing the smoking ‘‘low tar’’ and ‘‘light’’ cigarettes can result in approximately $75,000,000,000 in sav- public health goals of this division. reduce the motivation to quit smoking entirely ings attributable to reduced health care costs. (31) The regulations described in paragraph and thereby lead to disease and death. (15) Advertising, marketing, and promotion of (30) will directly and materially advance the (39) Recent studies have demonstrated that tobacco products have been especially directed Federal Government’s substantial interest in re- there has been no reduction in risk on a popu- to attract young persons to use tobacco prod- ducing the number of children and adolescents lation-wide basis from ‘‘low tar’’ and ‘‘light’’ ucts, and these efforts have resulted in in- who use cigarettes and smokeless tobacco and in cigarettes, and such products may actually increased use of such products by youth. Past ef- preventing the life-threatening health con- crease the risk of tobacco use. (40) The dangers of products sold or distrib- forts to oversee these activities have not been sequences associated with tobacco use. An over- uted as modified risk tobacco products that do successful in adequately preventing such in- whelming majority of Americans who use to- not in fact reduce risk are so high that there is creased use. bacco products begin using such products while (16) In 2005, the cigarette manufacturers spent they are minors and become addicted to the nic- a compelling governmental interest in ensuring more than $13,000,000,000 to attract new users, otine in those products before reaching the age that statements about modified risk tobacco retain current users, increase current consump- of 18. Tobacco advertising and promotion play a products are complete, accurate, and relate to tion, and generate favorable long-term attitudes crucial role in the decision of these minors to the overall disease risk of the product. (41) As the Federal Trade Commission has toward smoking and tobacco use. begin using tobacco products. Less restrictive (17) Tobacco product advertising often and less comprehensive approaches have not found, consumers have misinterpreted advertise- misleadingly portrays the use of tobacco as so- and will not be effective in reducing the prob- ments in which one product is claimed to be less cially acceptable and healthful to minors. lems addressed by such regulations. The reason- harmful than a comparable product, even in the (18) Tobacco product advertising is regularly able restrictions on the advertising and pro- presence of disclosures and advisories intended seen by persons under the age of 18, and persons motion of tobacco products contained in such to provide clarification. under the age of 18 are regularly exposed to to- regulations will lead to a significant decrease in (42) Permitting manufacturers to make unsub- bacco product promotional efforts. the number of minors using and becoming ad- stantiated statements concerning modified risk (19) Through advertisements during and spon- dicted to those products. tobacco products, whether express or implied, sorship of sporting events, tobacco has become (32) The regulations described in paragraph even if accompanied by disclaimers would be strongly associated with sports and has become (30) impose no more extensive restrictions on detrimental to the public health. portrayed as an integral part of sports and the communication by tobacco manufacturers and (43) The only way to effectively protect the healthy lifestyle associated with rigorous sport- sellers than are necessary to reduce the number public health from the dangers of unsubstan- ing activity. of children and adolescents who use cigarettes tiated modified risk tobacco products is to em- (20) Children are exposed to substantial and and smokeless tobacco and to prevent the life- power the Food and Drug Administration to re- unavoidable tobacco advertising that leads to threatening health consequences associated quire that products that tobacco manufacturers favorable beliefs about tobacco use, plays a role with tobacco use. Such regulations are narrowly sold or distributed for risk reduction be reviewed in leading young people to overestimate the tailored to restrict those advertising and pro- in advance of marketing, and to require that the prevalence of tobacco use, and increases the motional practices which are most likely to be evidence relied on to support claims be fully number of young people who begin to use to- seen or heard by youth and most likely to entice verified. bacco. them into tobacco use, while affording tobacco (44) The Food and Drug Administration is a (21) The use of tobacco products in motion manufacturers and sellers ample opportunity to regulatory agency with the scientific expertise pictures and other mass media glamorizes its use convey information about their products to to identify harmful substances in products to for young people and encourages them to use to- adult consumers. which consumers are exposed, to design stand- bacco products. (33) Tobacco dependence is a chronic disease, ards to limit exposure to those substances, to (22) Tobacco advertising expands the size of one that typically requires repeated interven- evaluate scientific studies supporting claims the tobacco market by increasing consumption tions to achieve long-term or permanent absti- about the safety of products, and to evaluate of tobacco products including tobacco use by nence. the impact of labels, labeling, and advertising young people. (34) Because the only known safe alternative on consumer behavior in order to reduce the risk (23) Children are more influenced by tobacco to smoking is cessation, interventions should of harm and promote understanding of the im- marketing than adults: more than 80 percent of target all smokers to help them quit completely. pact of the product on health. In connection

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.015 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6503 with its mandate to promote health and reduce (6) in order to ensure that consumers are bet- (1) in section 102, except that the reference to the risk of harm, the Food and Drug Adminis- ter informed, to require tobacco product manu- ‘‘180 days’’ in subsection (a)(1) of such section tration routinely makes decisions about whether facturers to disclose research which has not pre- shall be deemed to be ‘‘270 days’’; and and how products may be marketed in the viously been made available, as well as research (2) in sections 201 through 204 (or the amend- United States. generated in the future, relating to the health ments made by any such sections). (45) The Federal Trade Commission was cre- and dependency effects or safety of tobacco (d) ADJUSTMENT.—The Secretary of Health ated to protect consumers from unfair or decep- products; and Human Services may extend or reduce the tive acts or practices, and to regulate unfair (7) to continue to permit the sale of tobacco duration of one or more time periods to which methods of competition. Its focus is on those products to adults in conjunction with measures subsection (a) applies if the Secretary deter- marketplace practices that deceive or mislead to ensure that they are not sold or accessible to mines appropriate, except that no such period consumers, and those that give some competitors underage purchasers; shall be extended for more than 90 days. an unfair advantage. Its mission is to regulate (8) to impose appropriate regulatory controls TITLE I—AUTHORITY OF THE FOOD AND activities in the marketplace. Neither the Fed- on the tobacco industry; DRUG ADMINISTRATION (9) to promote cessation to reduce disease risk eral Trade Commission nor any other Federal SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, agency except the Food and Drug Administra- and the social costs associated with tobacco-re- AND COSMETIC ACT. tion possesses the scientific expertise needed to lated diseases; and (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- (10) to strengthen legislation against illicit implement effectively all provisions of the Fam- tion 201 of the Federal Food, Drug, and Cos- trade in tobacco products. ily Smoking Prevention and Tobacco Control metic Act (21 U.S.C. 321) is amended by adding Act. SEC. 4. SCOPE AND EFFECT. at the end the following: (46) If manufacturers state or imply in com- (a) INTENDED EFFECT.—Nothing in this divi- ‘‘(rr)(1) The term ‘tobacco product’ means any munications directed to consumers through the sion (or an amendment made by this division) product made or derived from tobacco that is in- media or through a label, labeling, or adver- shall be construed to— tended for human consumption, including any tising, that a tobacco product is approved or in- (1) establish a precedent with regard to any component, part, or accessory of a tobacco prod- spected by the Food and Drug Administration or other industry, situation, circumstance, or legal uct (except for raw materials other than tobacco complies with Food and Drug Administration action; or used in manufacturing a component, part, or standards, consumers are likely to be confused (2) affect any action pending in Federal, accessory of a tobacco product). and misled. Depending upon the particular lan- State, or tribal court, or any agreement, consent ‘‘(2) The term ‘tobacco product’ does not mean guage used and its context, such a statement decree, or contract of any kind. an article that is a drug under subsection (g)(1), (b) AGRICULTURAL ACTIVITIES.—The provi- could result in consumers being misled into be- a device under subsection (h), or a combination sions of this division (or an amendment made by lieving that the product is endorsed by the Food product described in section 503(g). this division) which authorize the Secretary to and Drug Administration for use or in con- ‘‘(3) The products described in paragraph (2) take certain actions with regard to tobacco and sumers being misled about the harmfulness of shall be subject to chapter V of this Act. tobacco products shall not be construed to affect the product because of such regulation, inspec- ‘‘(4) A tobacco product shall not be marketed any authority of the Secretary of Agriculture tion, approval, or compliance. in combination with any other article or product under existing law regarding the growing, cul- (47) In August 2006 a United States district regulated under this Act (including a drug, bio- tivation, or curing of raw tobacco. court judge found that the major United States logic, food, cosmetic, medical device, or a die- (c) REVENUE ACTIVITIES.—The provisions of cigarette companies continue to target and mar- tary supplement).’’. this division (or an amendment made by this di- ket to youth. USA v. Philip Morris, USA, Inc., (b) FDA AUTHORITY OVER TOBACCO PROD- vision) which authorize the Secretary to take et al. (Civil Action No. 99–2496 (GK), August 17, UCTS.—The Federal Food, Drug, and Cosmetic certain actions with regard to tobacco products 2006). Act (21 U.S.C. 301 et seq.) is amended— shall not be construed to affect any authority of (48) In August 2006 a United States district (1) by redesignating chapter IX as chapter X; the Secretary of the Treasury under chapter 52 court judge found that the major United States (2) by redesignating sections 901 through 910 of the Internal Revenue Code of 1986. cigarette companies dramatically increased their as sections 1001 through 1010; and (3) by inserting after chapter VIII the fol- advertising and promotional spending in ways SEC. 5. SEVERABILITY. lowing: that encourage youth to start smoking subse- If any provision of this division, of the quent to the signing of the Master Settlement amendments made by this division, or of the reg- ‘‘CHAPTER IX—TOBACCO PRODUCTS Agreement in 1998. USA v. Philip Morris, USA, ulations promulgated under this division (or ‘‘SEC. 900. DEFINITIONS. Inc., et al. (Civil Action No. 99–2496 (GK), Au- under such amendments), or the application of ‘‘In this chapter: gust 17, 2006). any such provision to any person or cir- ‘‘(1) ADDITIVE.—The term ‘additive’ means (49) In August 2006 a United States district cumstance is held to be invalid, the remainder of any substance the intended use of which results court judge found that the major United States this division, such amendments and such regu- or may reasonably be expected to result, directly cigarette companies have designed their ciga- lations, and the application of such provisions or indirectly, in its becoming a component or rettes to precisely control nicotine delivery levels to any other person or circumstance shall not be otherwise affecting the characteristic of any to- and provide doses of nicotine sufficient to create affected and shall continue to be enforced to the bacco product (including any substances in- and sustain addiction while also concealing fullest extent possible. tended for use as a flavoring or coloring or in much of their nicotine-related research. USA v. SEC. 6. MODIFICATION OF DEADLINES FOR SEC- producing, manufacturing, packing, processing, Philip Morris, USA, Inc., et al. (Civil Action No. RETARIAL ACTION. preparing, treating, packaging, transporting, or (a) DELAYED COMMENCEMENT OF DATES FOR 99–2496 (GK), August 17, 2006). holding), except that such term does not include SECRETARIAL ACTION.— tobacco or a pesticide chemical residue in or on SEC. 3. PURPOSE. (1) IN GENERAL.—Except as provided in sub- The purposes of this division are— raw tobacco or a pesticide chemical. section (c), with respect to any time periods ‘‘(2) BRAND.—The term ‘brand’ means a vari- (1) to provide authority to the Food and Drug specified in this division (or in an amendment ety of tobacco product distinguished by the to- Administration to regulate tobacco products made by this division) that begin on the date of bacco used, tar content, nicotine content, fla- under the Federal Food, Drug, and Cosmetic enactment of this Act, within which the Sec- voring used, size, filtration, packaging, logo, Act (21 U.S.C. 301 et seq.), by recognizing it as retary of Health and Human Services is required registered trademark, brand name, identifiable the primary Federal regulatory authority with to carry out and complete specified activities, pattern of colors, or any combination of such at- respect to the manufacture, marketing, and dis- the calculation of such time periods shall com- tributes. tribution of tobacco products as provided for in mence on the date described in subsection (b). ‘‘(3) CIGARETTE.—The term ‘cigarette’— this division; (2) LIMITATION.—Subsection (a) shall only ‘‘(A) means a product that— (2) to ensure that the Food and Drug Admin- apply with respect to obligations of the Sec- ‘‘(i) is a tobacco product; and istration has the authority to address issues of retary of Health and Human Services that must ‘‘(ii) meets the definition of the term ‘ciga- particular concern to public health officials, es- be completed within a specified time period and rette’ in section 3(1) of the Federal Cigarette La- pecially the use of tobacco by young people and shall not apply to the obligations of any other beling and Advertising Act; and dependence on tobacco; person or to any other provision of this division ‘‘(B) includes tobacco, in any form, that is (3) to authorize the Food and Drug Adminis- (including the amendments made by this divi- functional in the product, which, because of its tration to set national standards controlling the sion) that do not create such obligations of the appearance, the type of tobacco used in the manufacture of tobacco products and the iden- Secretary and are not contingent on actions by filler, or its packaging and labeling, is likely to tity, public disclosure, and amount of ingredi- the Secretary. be offered to, or purchased by, consumers as a ents used in such products; (b) DATE DESCRIBED.—The date described in cigarette or as roll-your-own tobacco. (4) to provide new and flexible enforcement this subsection is the first day of the first fiscal ‘‘(4) CIGARETTE TOBACCO.—The term ‘cigarette authority to ensure that there is effective over- quarter following the initial 2 consecutive fiscal tobacco’ means any product that consists of sight of the tobacco industry’s efforts to de- quarters of fiscal year 2010 for which the Sec- loose tobacco that is intended for use by con- velop, introduce, and promote less harmful to- retary of Health and Human Services has col- sumers in a cigarette. Unless otherwise stated, bacco products; lected fees under section 919 of the Federal the requirements applicable to cigarettes under (5) to vest the Food and Drug Administration Food, Drug, and Cosmetic Act (as added by sec- this chapter shall also apply to cigarette to- with the authority to regulate the levels of tar, tion 101). bacco. nicotine, and other harmful components of to- (c) EXCEPTION.—Subsection (a) shall not ‘‘(5) COMMERCE.—The term ‘commerce’ has bacco products; apply to any time period (or date) contained— the meaning given that term by section 3(2) of

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.015 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6504 CONGRESSIONAL RECORD — SENATE June 11, 2009 the Federal Cigarette Labeling and Advertising ‘‘(A) manufactures, fabricates, assembles, shall be subject to this chapter in the producer’s Act. processes, or labels a tobacco product; or capacity as a manufacturer. The exception in ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The ‘‘(B) imports a finished tobacco product for this subparagraph shall not apply to a producer term ‘counterfeit tobacco product’ means a to- sale or distribution in the United States. of tobacco leaf who grows tobacco under a con- bacco product (or the container or labeling of ‘‘(21) TOBACCO WAREHOUSE.— tract with a tobacco product manufacturer and such a product) that, without authorization, ‘‘(A) Subject to subparagraphs (B) and (C), who is not otherwise engaged in the manufac- bears the trademark, trade name, or other iden- the term ‘tobacco warehouse’ includes any per- turing process. tifying mark, imprint, or device, or any likeness son— ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this thereof, of a tobacco product listed in a registra- ‘‘(i) who— chapter shall be construed to grant the Sec- tion under section 905(i)(1). ‘‘(I) removes foreign material from tobacco retary authority to promulgate regulations on ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ as leaf through nothing other than a mechanical any matter that involves the production of to- regards a tobacco product means any person process; bacco leaf or a producer thereof, other than ac- who furthers the distribution of a tobacco prod- ‘‘(II) humidifies tobacco leaf with nothing tivities by a manufacturer affecting production. uct, whether domestic or imported, at any point other than potable water in the form of steam or ‘‘(d) RULEMAKING PROCEDURES.—Each rule- from the original place of manufacture to the mist; or making under this chapter shall be in accord- person who sells or distributes the product to in- ‘‘(III) de-stems, dries, and packs tobacco leaf ance with chapter 5 of title 5, United States dividuals for personal consumption. Common for storage and shipment; Code. This subsection shall not be construed to carriers are not considered distributors for pur- ‘‘(ii) who performs no other actions with re- affect the rulemaking provisions of section poses of this chapter. spect to tobacco leaf; and 102(a) of the Family Smoking Prevention and ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ ‘‘(iii) who provides to any manufacturer to Tobacco Control Act. means any practice or conduct prohibited by whom the person sells tobacco all information ‘‘(e) CENTER FOR TOBACCO PRODUCTS.—Not law which relates to production, shipment, re- related to the person’s actions described in later than 90 days after the date of enactment of ceipt, possession, distribution, sale, or purchase clause (i) that is necessary for compliance with the Family Smoking Prevention and Tobacco of tobacco products including any practice or this Act. Control Act, the Secretary shall establish within conduct intended to facilitate such activity. ‘‘(B) The term ‘tobacco warehouse’ excludes the Food and Drug Administration the Center ‘‘(9) INDIAN COUNTRY.—The term ‘Indian any person who— for Tobacco Products, which shall report to the country’ has the meaning given such term in ‘‘(i) reconstitutes tobacco leaf; Commissioner of Food and Drugs in the same section 1151 of title 18, United States Code. ‘‘(ii) is a manufacturer, distributor, or retailer manner as the other agency centers within the ‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’ of a tobacco product; or Food and Drug Administration. The Center has the meaning given such term in section 4(e) ‘‘(iii) applies any chemical, additive, or sub- shall be responsible for the implementation of of the Indian Self-Determination and Education stance to the tobacco leaf other than potable this chapter and related matters assigned by the Assistance Act. water in the form of steam or mist. Commissioner. ‘‘(11) LITTLE CIGAR.—The term ‘little cigar’ ‘‘(C) The definition of the term ‘tobacco ware- ‘‘(f) OFFICE TO ASSIST SMALL TOBACCO PROD- means a product that— house’ in subparagraph (A) shall not apply to UCT MANUFACTURERS.—The Secretary shall es- ‘‘(A) is a tobacco product; and the extent to which the Secretary determines, tablish within the Food and Drug Administra- ‘‘(B) meets the definition of the term ‘little through rulemaking, that regulation under this tion an identifiable office to provide technical cigar’ in section 3(7) of the Federal Cigarette chapter of the actions described in such sub- and other nonfinancial assistance to small to- Labeling and Advertising Act. paragraph is appropriate for the protection of ‘‘(12) NICOTINE.—The term ‘nicotine’ means bacco product manufacturers to assist them in the public health. complying with the requirements of this Act. the chemical substance named 3-(1-Methyl-2- ‘‘(22) UNITED STATES.—The term ‘United pyrrolidinyl) pyridine or C[10]H[14]N[2], includ- ‘‘(g) CONSULTATION PRIOR TO RULEMAKING.— States’ means the 50 States of the United States Prior to promulgating rules under this chapter, ing any salt or complex of nicotine. of America and the District of Columbia, the ‘‘(13) PACKAGE.—The term ‘package’ means a the Secretary shall endeavor to consult with Commonwealth of Puerto Rico, Guam, the Vir- pack, box, carton, or container of any kind or, other Federal agencies as appropriate. gin Islands, American Samoa, Wake Island, if no other container, any wrapping (including ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. Midway Islands, Kingman Reef, Johnston Atoll, cellophane), in which a tobacco product is of- ‘‘A tobacco product shall be deemed to be the Northern Mariana Islands, and any other fered for sale, sold, or otherwise distributed to adulterated if— trust territory or possession of the United consumers. ‘‘(1) it consists in whole or in part of any States. ‘‘(14) RETAILER.—The term ‘retailer’ means filthy, putrid, or decomposed substance, or is any person, government, or entity who sells to- ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO PROD- otherwise contaminated by any added poisonous bacco products to individuals for personal con- UCTS. or added deleterious substance that may render sumption, or who operates a facility where self- ‘‘(a) IN GENERAL.—Tobacco products, includ- the product injurious to health; service displays of tobacco products are per- ing modified risk tobacco products for which an ‘‘(2) it has been prepared, packed, or held mitted. order has been issued in accordance with section under insanitary conditions whereby it may ‘‘(15) ROLL-YOUR-OWN TOBACCO.—The term 911, shall be regulated by the Secretary under have been contaminated with filth, or whereby ‘roll-your-own tobacco’ means any tobacco this chapter and shall not be subject to the pro- it may have been rendered injurious to health; product which, because of its appearance, type, visions of chapter V. ‘‘(3) its package is composed, in whole or in packaging, or labeling, is suitable for use and ‘‘(b) APPLICABILITY.—This chapter shall apply part, of any poisonous or deleterious substance likely to be offered to, or purchased by, con- to all cigarettes, cigarette tobacco, roll-your- which may render the contents injurious to sumers as tobacco for making cigarettes. own tobacco, and smokeless tobacco and to any health; ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- other tobacco products that the Secretary by ‘‘(4) the manufacturer or importer of the to- TURER.—The term ‘small tobacco product manu- regulation deems to be subject to this chapter. bacco product fails to pay a user fee assessed to facturer’ means a tobacco product manufacturer ‘‘(c) SCOPE.— such manufacturer or importer pursuant to sec- that employs fewer than 350 employees. For pur- ‘‘(1) IN GENERAL.—Nothing in this chapter, or tion 919 by the date specified in section 919 or by poses of determining the number of employees of any policy issued or regulation promulgated the 30th day after final agency action on a reso- a manufacturer under the preceding sentence, thereunder, or in sections 101(a), 102, or 103 of lution of any dispute as to the amount of such the employees of a manufacturer are deemed to title I, title II, or title III of the Family Smoking fee; include the employees of each entity that con- Prevention and Tobacco Control Act, shall be ‘‘(5) it is, or purports to be or is represented trols, is controlled by, or is under common con- construed to affect, expand, or limit the Sec- as, a tobacco product which is subject to a to- trol with such manufacturer. retary’s authority over (including the authority bacco product standard established under sec- ‘‘(17) SMOKE CONSTITUENT.—The term ‘smoke to determine whether products may be regu- tion 907 unless such tobacco product is in all re- constituent’ means any chemical or chemical lated), or the regulation of, products under this spects in conformity with such standard; compound in mainstream or sidestream tobacco Act that are not tobacco products under chapter ‘‘(6)(A) it is required by section 910(a) to have smoke that either transfers from any component V or any other chapter. premarket review and does not have an order in of the cigarette to the smoke or that is formed by ‘‘(2) LIMITATION OF AUTHORITY.— effect under section 910(c)(1)(A)(i); or the combustion or heating of tobacco, additives, ‘‘(A) IN GENERAL.—The provisions of this ‘‘(B) it is in violation of an order under sec- or other component of the tobacco product. chapter shall not apply to tobacco leaf that is tion 910(c)(1)(A); ‘‘(18) SMOKELESS TOBACCO.—The term ‘smoke- not in the possession of a manufacturer of to- ‘‘(7) the methods used in, or the facilities or less tobacco’ means any tobacco product that bacco products, or to the producers of tobacco controls used for, its manufacture, packing, or consists of cut, ground, powdered, or leaf to- leaf, including tobacco growers, tobacco ware- storage are not in conformity with applicable re- bacco and that is intended to be placed in the houses, and tobacco grower cooperatives, nor quirements under section 906(e)(1) or an appli- oral or nasal cavity. shall any employee of the Food and Drug Ad- cable condition prescribed by an order under ‘‘(19) STATE; TERRITORY.—The terms ‘State’ ministration have any authority to enter onto a section 906(e)(2); or and ‘Territory’ shall have the meanings given to farm owned by a producer of tobacco leaf with- ‘‘(8) it is in violation of section 911. such terms in section 201. out the written consent of such producer. ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. ‘‘(20) TOBACCO PRODUCT MANUFACTURER.— ‘‘(B) EXCEPTION.—Notwithstanding subpara- ‘‘(a) IN GENERAL.—A tobacco product shall be The term ‘tobacco product manufacturer’ means graph (A), if a producer of tobacco leaf is also deemed to be misbranded— any person, including any repacker or relabeler, a tobacco product manufacturer or controlled by ‘‘(1) if its labeling is false or misleading in any who— a tobacco product manufacturer, the producer particular;

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‘‘(2) if in package form unless it bears a label ‘‘(b) PRIOR APPROVAL OF LABEL STATE- ‘‘(3) Any or all documents (including under- containing— MENTS.—The Secretary may, by regulation, relying scientific or financial information) relat- ‘‘(A) the name and place of business of the to- quire prior approval of statements made on the ing to marketing research involving the use of bacco product manufacturer, packer, or dis- label of a tobacco product to ensure that such tobacco products or marketing practices and the tributor; statements do not violate the misbranding provi- effectiveness of such practices used by tobacco ‘‘(B) an accurate statement of the quantity of sions of subsection (a) and that such statements manufacturers and distributors. the contents in terms of weight, measure, or nu- comply with other provisions of the Family An importer of a tobacco product not manufac- merical count; Smoking Prevention and Tobacco Control Act tured in the United States shall supply the in- ‘‘(C) an accurate statement of the percentage (including the amendments made by such Act). formation required of a tobacco product manu- of the tobacco used in the product that is domes- No regulation issued under this subsection may facturer under this subsection. tically grown tobacco and the percentage that is require prior approval by the Secretary of the ‘‘(c) TIME FOR SUBMISSION.— foreign grown tobacco; and content of any advertisement, except for modi- ‘‘(1) IN GENERAL.—At least 90 days prior to the ‘‘(D) the statement required under section fied risk tobacco products as provided in section delivery for introduction into interstate com- 920(a), 911. No advertisement of a tobacco product pub- merce of a tobacco product not on the market on except that under subparagraph (B) reasonable lished after the date of enactment of the Family the date of enactment of the Family Smoking variations shall be permitted, and exemptions as Smoking Prevention and Tobacco Control Act Prevention and Tobacco Control Act, the manu- to small packages shall be established, by regu- shall, with respect to the language of label facturer of such product shall provide the infor- lations prescribed by the Secretary; statements as prescribed under section 4 of the mation required under subsection (a). ‘‘(3) if any word, statement, or other informa- Federal Cigarette Labeling and Advertising Act ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any time tion required by or under authority of this and section 3 of the Comprehensive Smokeless a tobacco product manufacturer adds to its to- chapter to appear on the label or labeling is not Tobacco Health Education Act of 1986 or the bacco products a new tobacco additive or in- prominently placed thereon with such conspicu- regulations issued under such sections, be sub- creases the quantity of an existing tobacco addi- ousness (as compared with other words, state- ject to the provisions of sections 12 through 15 of tive, the manufacturer shall, except as provided ments, or designs in the labeling) and in such the Federal Trade Commission Act. in paragraph (3), at least 90 days prior to such terms as to render it likely to be read and under- ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- action so advise the Secretary in writing. stood by the ordinary individual under cus- TION TO THE SECRETARY. ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at tomary conditions of purchase and use; ‘‘(a) REQUIREMENT.—Each tobacco product any time a tobacco product manufacturer elimi- ‘‘(4) if it has an established name, unless its manufacturer or importer, or agents thereof, nates or decreases an existing additive, or adds label bears, to the exclusion of any other non- shall submit to the Secretary the following in- or increases an additive that has by regulation proprietary name, its established name promi- formation: been designated by the Secretary as an additive nently printed in type as required by the Sec- ‘‘(1) Not later than 6 months after the date of that is not a human or animal carcinogen, or retary by regulation; enactment of the Family Smoking Prevention otherwise harmful to health under intended ‘‘(5) if the Secretary has issued regulations re- and Tobacco Control Act, a listing of all ingre- conditions of use, the manufacturer shall within quiring that its labeling bear adequate direc- dients, including tobacco, substances, com- 60 days of such action so advise the Secretary in tions for use, or adequate warnings against use pounds, and additives that are, as of such date, writing. by children, that are necessary for the protec- added by the manufacturer to the tobacco, ‘‘(d) DATA LIST.— paper, filter, or other part of each tobacco prod- tion of users unless its labeling conforms in all ‘‘(1) IN GENERAL.—Not later than 3 years after uct by brand and by quantity in each brand respects to such regulations; the date of enactment of the Family Smoking ‘‘(6) if it was manufactured, prepared, propa- and subbrand. Prevention and Tobacco Control Act, and annu- ‘‘(2) A description of the content, delivery, gated, compounded, or processed in an estab- ally thereafter, the Secretary shall publish in a and form of nicotine in each tobacco product lishment not duly registered under section format that is understandable and not mis- measured in milligrams of nicotine in accord- 905(b), 905(c), 905(d), or 905(h), if it was not in- leading to a lay person, and place on public dis- ance with regulations promulgated by the Sec- play (in a manner determined by the Secretary) cluded in a list required by section 905(i), if a retary in accordance with section 4(e) of the notice or other information respecting it was not the list established under subsection (e). Federal Cigarette Labeling and Advertising Act. ‘‘(2) CONSUMER RESEARCH.—The Secretary provided as required by such section or section ‘‘(3) Beginning 3 years after the date of enact- 905(j), or if it does not bear such symbols from shall conduct periodic consumer research to en- ment of the Family Smoking Prevention and To- sure that the list published under paragraph (1) the uniform system for identification of tobacco bacco Control Act, a listing of all constituents, products prescribed under section 905(e) as the is not misleading to lay persons. Not later than including smoke constituents as applicable, 5 years after the date of enactment of the Fam- Secretary by regulation requires; identified by the Secretary as harmful or poten- ‘‘(7) if, in the case of any tobacco product dis- ily Smoking Prevention and Tobacco Control tially harmful to health in each tobacco prod- Act, the Secretary shall submit to the appro- tributed or offered for sale in any State— uct, and as applicable in the smoke of each to- ‘‘(A) its advertising is false or misleading in priate committees of Congress a report on the re- bacco product, by brand and by quantity in sults of such research, together with rec- any particular; or each brand and subbrand. Effective beginning 3 ‘‘(B) it is sold or distributed in violation of ommendations on whether such publication years after such date of enactment, the manu- should be continued or modified. regulations prescribed under section 906(d); facturer, importer, or agent shall comply with ‘‘(8) unless, in the case of any tobacco product ‘‘(e) DATA COLLECTION.—Not later than 24 regulations promulgated under section 915 in re- months after the date of enactment of the Fam- distributed or offered for sale in any State, the porting information under this paragraph, manufacturer, packer, or distributor thereof in- ily Smoking Prevention and Tobacco Control where applicable. Act, the Secretary shall establish, and periodi- cludes in all advertisements and other descrip- ‘‘(4) Beginning 6 months after the date of en- cally revise as appropriate, a list of harmful and tive printed matter issued or caused to be issued actment of the Family Smoking Prevention and potentially harmful constituents, including by the manufacturer, packer, or distributor with Tobacco Control Act, all documents developed smoke constituents, to health in each tobacco respect to that tobacco product— after such date of enactment that relate to product by brand and by quantity in each ‘‘(A) a true statement of the tobacco product’s health, toxicological, behavioral, or physiologic brand and subbrand. The Secretary shall pub- established name as described in paragraph (4), effects of current or future tobacco products, lish a public notice requesting the submission by printed prominently; and their constituents (including smoke constitu- interested persons of scientific and other infor- ‘‘(B) a brief statement of— ents), ingredients, components, and additives. ‘‘(i) the uses of the tobacco product and rel- ‘‘(b) DATA SUBMISSION.—At the request of the mation concerning the harmful and potentially evant warnings, precautions, side effects, and Secretary, each tobacco product manufacturer harmful constituents in tobacco products and contraindications; and or importer of tobacco products, or agents there- tobacco smoke. ‘‘(ii) in the case of specific tobacco products of, shall submit the following: ‘‘SEC. 905. ANNUAL REGISTRATION. made subject to a finding by the Secretary after ‘‘(1) Any or all documents (including under- ‘‘(a) DEFINITIONS.—In this section: notice and opportunity for comment that such lying scientific information) relating to research ‘‘(1) MANUFACTURE, PREPARATION, action is appropriate to protect the public activities, and research findings, conducted, COMPOUNDING, OR PROCESSING.—The term ‘man- health, a full description of the components of supported, or possessed by the manufacturer (or ufacture, preparation, compounding, or proc- such tobacco product or the formula showing agents thereof) on the health, toxicological, be- essing’ shall include repackaging or otherwise quantitatively each ingredient of such tobacco havioral, or physiologic effects of tobacco prod- changing the container, wrapper, or labeling of product to the extent required in regulations ucts and their constituents (including smoke any tobacco product package in furtherance of which shall be issued by the Secretary after an constituents), ingredients, components, and ad- the distribution of the tobacco product from the opportunity for a hearing; ditives. original place of manufacture to the person who ‘‘(9) if it is a tobacco product subject to a to- ‘‘(2) Any or all documents (including under- makes final delivery or sale to the ultimate con- bacco product standard established under sec- lying scientific information) relating to research sumer or user. tion 907, unless it bears such labeling as may be activities, and research findings, conducted, ‘‘(2) NAME.—The term ‘name’ shall include in prescribed in such tobacco product standard; or supported, or possessed by the manufacturer (or the case of a partnership the name of each part- ‘‘(10) if there was a failure or refusal— agents thereof) that relate to the issue of wheth- ner and, in the case of a corporation, the name ‘‘(A) to comply with any requirement pre- er a reduction in risk to health from tobacco of each corporate officer and director, and the scribed under section 904 or 908; or products can occur upon the employment of State of incorporation. ‘‘(B) to furnish any material or information technology available or known to the manufac- ‘‘(b) REGISTRATION BY OWNERS AND OPERA- required under section 909. turer. TORS.—On or before December 31 of each year,

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If enactment of the Family Smoking copy of all labeling for such tobacco product; pursuant to subsection (a)(3) of section 910, is Prevention and Tobacco Control Act occurs in ‘‘(B) in the case of any other tobacco product substantially equivalent and that is in compli- the second half of the calendar year, the Sec- contained in an applicable list, a copy of all ance with the requirements of this Act; or retary shall designate a date no later than 6 consumer information and other labeling for ‘‘(ii) the tobacco product is modified within months into the subsequent calendar year by such tobacco product, a representative sampling the meaning of paragraph (3), the modifications which registration pursuant to this subsection of advertisements for such tobacco product, and, are to a product that is commercially marketed shall occur. upon request made by the Secretary for good and in compliance with the requirements of this ‘‘(c) REGISTRATION BY NEW OWNERS AND OP- cause, a copy of all advertisements for a par- Act, and all of the modifications are covered by ERATORS.—Every person upon first engaging in ticular tobacco product; and exemptions granted by the Secretary pursuant the manufacture, preparation, compounding, or ‘‘(C) if the registrant filing a list has deter- to paragraph (3); and processing of a tobacco product or tobacco prod- mined that a tobacco product contained in such ‘‘(B) action taken by such person to comply ucts in any establishment owned or operated in list is not subject to a tobacco product standard with the requirements under section 907 that are any State by that person shall immediately reg- established under section 907, a brief statement applicable to the tobacco product. ister with the Secretary that person’s name, of the basis upon which the registrant made ‘‘(2) APPLICATION TO CERTAIN POST-FEBRUARY place of business, and such establishment. such determination if the Secretary requests 15, 2007, PRODUCTS.—A report under this sub- ‘‘(d) REGISTRATION OF ADDED ESTABLISH- such a statement with respect to that particular section for a tobacco product that was first in- MENTS.—Every person required to register under tobacco product. troduced or delivered for introduction into inter- subsection (b) or (c) shall immediately register ‘‘(2) CONSULTATION WITH RESPECT TO FORMS.— state commerce for commercial distribution in with the Secretary any additional establishment The Secretary shall consult with the Secretary the United States after February 15, 2007, and which that person owns or operates in any State of the Treasury in developing the forms to be prior to the date that is 21 months after the date and in which that person begins the manufac- used for registration under this section to mini- of enactment of the Family Smoking Prevention ture, preparation, compounding, or processing mize the burden on those persons required to and Tobacco Control Act shall be submitted to of a tobacco product or tobacco products. register with both the Secretary and the Tax the Secretary not later than 21 months after ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- and Trade Bureau of the Department of the such date of enactment. TEM.—The Secretary may by regulation pre- Treasury. ‘‘(3) EXEMPTIONS.— scribe a uniform system for the identification of ‘‘(3) BIANNUAL REPORT OF ANY CHANGE IN ‘‘(A) IN GENERAL.—The Secretary may exempt tobacco products and may require that persons PRODUCT LIST.—Each person who registers with from the requirements of this subsection relating who are required to list such tobacco products the Secretary under this section shall report to to the demonstration that a tobacco product is under subsection (i) shall list such tobacco prod- the Secretary once during the month of June of substantially equivalent within the meaning of ucts in accordance with such system. each year and once during the month of Decem- section 910, tobacco products that are modified ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- ber of each year the following: by adding or deleting a tobacco additive, or in- MATION.—The Secretary shall make available for ‘‘(A) A list of each tobacco product introduced creasing or decreasing the quantity of an exist- inspection, to any person so requesting, any reg- by the registrant for commercial distribution ing tobacco additive, if the Secretary determines istration filed under this section. which has not been included in any list pre- that— ‘‘(g) BIENNIAL INSPECTION OF REGISTERED ES- viously filed by that person with the Secretary ‘‘(i) such modification would be a minor modi- TABLISHMENTS.—Every establishment registered under this subparagraph or paragraph (1). A fication of a tobacco product that can be sold with the Secretary under this section shall be list under this subparagraph shall list a tobacco under this Act; subject to inspection under section 704 or sub- product by its established name and shall be ac- ‘‘(ii) a report under this subsection is not nec- section (h), and every such establishment en- companied by the other information required by essary to ensure that permitting the tobacco gaged in the manufacture, compounding, or paragraph (1). product to be marketed would be appropriate for processing of a tobacco product or tobacco prod- ‘‘(B) If since the date the registrant last made protection of the public health; and ucts shall be so inspected by 1 or more officers a report under this paragraph that person has ‘‘(iii) an exemption is otherwise appropriate. or employees duly designated by the Secretary discontinued the manufacture, preparation, ‘‘(B) REGULATIONS.—Not later than 15 months at least once in the 2-year period beginning with compounding, or processing for commercial dis- after the date of enactment of the Family Smok- the date of registration of such establishment tribution of a tobacco product included in a list ing Prevention and Tobacco Control Act, the under this section and at least once in every filed under subparagraph (A) or paragraph (1), Secretary shall issue regulations to implement successive 2-year period thereafter. notice of such discontinuance, the date of such this paragraph. ‘‘(h) REGISTRATION BY FOREIGN ESTABLISH- discontinuance, and the identity of its estab- MENTS.—Any establishment within any foreign lished name. ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING country engaged in the manufacture, prepara- ‘‘(C) If since the date the registrant reported CONTROL OF TOBACCO PRODUCTS. tion, compounding, or processing of a tobacco under subparagraph (B) a notice of discontinu- ‘‘(a) IN GENERAL.—Any requirement estab- product or tobacco products, shall register under ance that person has resumed the manufacture, lished by or under section 902, 903, 905, or 909 this section under regulations promulgated by preparation, compounding, or processing for applicable to a tobacco product shall apply to the Secretary. Such regulations shall require commercial distribution of the tobacco product such tobacco product until the applicability of such establishment to provide the information with respect to which such notice of discontinu- the requirement to the tobacco product has been required by subsection (i) and shall include pro- ance was reported, notice of such resumption, changed by action taken under section 907, sec- visions for registration of any such establish- the date of such resumption, the identity of tion 910, section 911, or subsection (d) of this ment upon condition that adequate and effec- such tobacco product by established name, and section, and any requirement established by or tive means are available, by arrangement with other information required by paragraph (1), under section 902, 903, 905, or 909 which is in- the government of such foreign country or oth- unless the registrant has previously reported consistent with a requirement imposed on such erwise, to enable the Secretary to determine such resumption to the Secretary under this tobacco product under section 907, section 910, from time to time whether tobacco products subparagraph. section 911, or subsection (d) of this section shall manufactured, prepared, compounded, or proc- ‘‘(D) Any material change in any information not apply to such tobacco product. essed in such establishment, if imported or of- previously submitted under this paragraph or ‘‘(b) INFORMATION ON PUBLIC ACCESS AND fered for import into the United States, shall be paragraph (1). COMMENT.—Each notice of proposed rulemaking refused admission on any of the grounds set ‘‘(j) REPORT PRECEDING INTRODUCTION OF or other notification under section 907, 908, 909, forth in section 801(a). CERTAIN SUBSTANTIALLY EQUIVALENT PRODUCTS 910, or 911 or under this section, any other no- ‘‘(i) REGISTRATION INFORMATION.— INTO INTERSTATE COMMERCE.— tice which is published in the Federal Register ‘‘(1) PRODUCT LIST.—Every person who reg- ‘‘(1) IN GENERAL.—Each person who is re- with respect to any other action taken under isters with the Secretary under subsection (b), quired to register under this section and who any such section and which states the reasons (c), (d), or (h) shall, at the time of registration proposes to begin the introduction or delivery for such action, and each publication of find- under any such subsection, file with the Sec- for introduction into interstate commerce for ings required to be made in connection with retary a list of all tobacco products which are commercial distribution of a tobacco product in- rulemaking under any such section shall set being manufactured, prepared, compounded, or tended for human use that was not commer- forth— processed by that person for commercial dis- cially marketed (other than for test marketing) ‘‘(1) the manner in which interested persons tribution and which have not been included in in the United States as of February 15, 2007, may examine data and other information on any list of tobacco products filed by that person shall, at least 90 days prior to making such in- which the notice or findings is based; and with the Secretary under this paragraph or troduction or delivery, report to the Secretary ‘‘(2) the period within which interested per- paragraph (2) before such time of registration. (in such form and manner as the Secretary shall sons may present their comments on the notice Such list shall be prepared in such form and prescribe)— or findings (including the need therefore) orally manner as the Secretary may prescribe and shall ‘‘(A) the basis for such person’s determination or in writing, which period shall be at least 60 be accompanied by— that— days but may not exceed 90 days unless the time

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is extended by the Secretary by a notice pub- ‘‘(ii) within 2 years after such date of enact- ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS lished in the Federal Register stating good cause ment, issue regulations to address the promotion SCIENTIFIC ADVISORY COMMITTEE.—The Sec- therefore. and marketing of tobacco products that are sold retary may refer to the Tobacco Products Sci- ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- or distributed through means other than a di- entific Advisory Committee any petition sub- TION.—Any information reported to or otherwise rect, face-to-face exchange between a retailer mitted under subparagraph (A). The Tobacco obtained by the Secretary or the Secretary’s rep- and a consumer in order to protect individuals Products Scientific Advisory Committee shall re- resentative under section 903, 904, 907, 908, 909, who have not attained the minimum age estab- port its recommendations to the Secretary with 910, 911, or 704, or under subsection (e) or (f) of lished by applicable law for the purchase of respect to a petition referred to it within 60 days this section, which is exempt from disclosure such products. after the date of the petition’s referral. Within under subsection (a) of section 552 of title 5, ‘‘(B) RELATION TO OTHER AUTHORITY.—Noth- 60 days after— United States Code, by reason of subsection ing in this paragraph limits the authority of the ‘‘(i) the date the petition was submitted to the (b)(4) of that section shall be considered con- Secretary to take additional actions under the Secretary under subparagraph (A); or fidential and shall not be disclosed, except that other paragraphs of this subsection. ‘‘(ii) the day after the petition was referred to the information may be disclosed to other offi- ‘‘(e) GOOD MANUFACTURING PRACTICE RE- the Tobacco Products Scientific Advisory Com- cers or employees concerned with carrying out QUIREMENTS.— mittee, this chapter, or when relevant in any pro- ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO whichever occurs later, the Secretary shall by ceeding under this chapter. CONFORM.— order either deny the petition or approve it. ‘‘(d) RESTRICTIONS.— ‘‘(A) IN GENERAL.—In applying manufac- ‘‘(C) APPROVAL.—The Secretary may ap- ‘‘(1) IN GENERAL.—The Secretary may by regu- turing restrictions to tobacco, the Secretary prove— lation require restrictions on the sale and dis- shall, in accordance with subparagraph (B), ‘‘(i) a petition for an exemption for a tobacco tribution of a tobacco product, including restric- prescribe regulations (which may differ based on product from a requirement if the Secretary de- tions on the access to, and the advertising and the type of tobacco product involved) requiring termines that compliance with such requirement promotion of, the tobacco product, if the Sec- that the methods used in, and the facilities and is not required to assure that the tobacco prod- retary determines that such regulation would be controls used for, the manufacture, uct will be in compliance with this chapter; and appropriate for the protection of the public preproduction design validation (including a ‘‘(ii) a petition for a variance for a tobacco health. The Secretary may by regulation impose process to assess the performance of a tobacco product from a requirement if the Secretary de- restrictions on the advertising and promotion of product), packing, and storage of a tobacco termines that the methods to be used in, and the a tobacco product consistent with and to full ex- product conform to current good manufacturing facilities and controls to be used for, the manu- tent permitted by the first amendment to the practice, or hazard analysis and critical control facture, packing, and storage of the tobacco Constitution. The finding as to whether such point methodology, as prescribed in such regula- product in lieu of the methods, facilities, and regulation would be appropriate for the protections to assure that the public health is pro- controls prescribed by the requirement are suffi- tion of the public health shall be determined tected and that the tobacco product is in compli- cient to assure that the tobacco product will be with respect to the risks and benefits to the pop- ance with this chapter. Such regulations may in compliance with this chapter. ulation as a whole, including users and provide for the testing of raw tobacco for pes- ‘‘(D) CONDITIONS.—An order of the Secretary nonusers of the tobacco product, and taking ticide chemical residues regardless of whether a approving a petition for a variance shall pre- into account— tolerance for such chemical residues has been scribe such conditions respecting the methods ‘‘(A) the increased or decreased likelihood established. used in, and the facilities and controls used for, that existing users of tobacco products will stop ‘‘(B) REQUIREMENTS.—The Secretary shall— the manufacture, packing, and storage of the using such products; and ‘‘(i) before promulgating any regulation under tobacco product to be granted the variance ‘‘(B) the increased or decreased likelihood subparagraph (A), afford the Tobacco Products under the petition as may be necessary to assure that those who do not use tobacco products will Scientific Advisory Committee an opportunity to that the tobacco product will be in compliance start using such products. submit recommendations with respect to the reg- with this chapter. No such regulation may require that the sale or ulation proposed to be promulgated; ‘‘(E) HEARING.—After the issuance of an order distribution of a tobacco product be limited to ‘‘(ii) before promulgating any regulation under subparagraph (B) respecting a petition, the written or oral authorization of a practi- under subparagraph (A), afford opportunity for the petitioner shall have an opportunity for an tioner licensed by law to prescribe medical prod- an oral hearing; informal hearing on such order. ucts. ‘‘(iii) provide the Tobacco Products Scientific ‘‘(3) COMPLIANCE.—Compliance with require- ‘‘(2) LABEL STATEMENTS.—The label of a to- Advisory Committee a reasonable time to make ments under this subsection shall not be re- bacco product shall bear such appropriate state- its recommendation with respect to proposed quired before the end of the 3-year period fol- ments of the restrictions required by a regula- regulations under subparagraph (A); lowing the date of enactment of the Family tion under subsection (a) as the Secretary may ‘‘(iv) in establishing the effective date of a Smoking Prevention and Tobacco Control Act. in such regulation prescribe. regulation promulgated under this subsection, ‘‘(f) RESEARCH AND DEVELOPMENT.—The Sec- ‘‘(3) LIMITATIONS.— take into account the differences in the manner retary may enter into contracts for research, ‘‘(A) IN GENERAL.—No restrictions under para- in which the different types of tobacco products testing, and demonstrations respecting tobacco graph (1) may— have historically been produced, the financial products and may obtain tobacco products for ‘‘(i) prohibit the sale of any tobacco product resources of the different tobacco product manu- research, testing, and demonstration purposes. in face-to-face transactions by a specific cat- facturers, and the state of their existing manu- ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. egory of retail outlets; or facturing facilities, and shall provide for a rea- ‘‘(a) IN GENERAL.— ‘‘(ii) establish a minimum age of sale of to- sonable period of time for such manufacturers to ‘‘(1) SPECIAL RULES.— bacco products to any person older than 18 conform to good manufacturing practices; and ‘‘(A) SPECIAL RULE FOR CIGARETTES.—Begin- years of age. ‘‘(v) not require any small tobacco product ning 3 months after the date of enactment of the ‘‘(B) MATCHBOOKS.—For purposes of any reg- manufacturer to comply with a regulation under Family Smoking Prevention and Tobacco Con- ulations issued by the Secretary, matchbooks of subparagraph (A) for at least 4 years following trol Act, a cigarette or any of its component conventional size containing not more than 20 the effective date established by the Secretary parts (including the tobacco, filter, or paper) paper matches, and which are customarily given for such regulation. shall not contain, as a constituent (including a away for free with the purchase of tobacco ‘‘(2) EXEMPTIONS; VARIANCES.— smoke constituent) or additive, an artificial or products, shall be considered as adult-written ‘‘(A) PETITION.—Any person subject to any re- natural flavor (other than tobacco or menthol) publications which shall be permitted to contain quirement prescribed under paragraph (1) may or an herb or spice, including strawberry, grape, advertising. Notwithstanding the preceding sen- petition the Secretary for a permanent or tem- orange, clove, cinnamon, pineapple, vanilla, co- tence, if the Secretary finds that such treatment porary exemption or variance from such require- conut, licorice, cocoa, chocolate, cherry, or cof- of matchbooks is not appropriate for the protec- ment. Such a petition shall be submitted to the fee, that is a characterizing flavor of the to- tion of the public health, the Secretary may de- Secretary in such form and manner as the Sec- bacco product or tobacco smoke. Nothing in this termine by regulation that matchbooks shall not retary shall prescribe and shall— subparagraph shall be construed to limit the be considered adult-written publications. ‘‘(i) in the case of a petition for an exemption Secretary’s authority to take action under this ‘‘(4) REMOTE SALES.— from a requirement, set forth the basis for the section or other sections of this Act applicable to ‘‘(A) IN GENERAL.—The Secretary shall— petitioner’s determination that compliance with menthol or any artificial or natural flavor, herb, ‘‘(i) within 18 months after the date of enact- the requirement is not required to assure that or spice not specified in this subparagraph. ment of the Family Smoking Prevention and To- the tobacco product will be in compliance with ‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning 2 bacco Control Act, promulgate regulations re- this chapter; years after the date of enactment of the Family garding the sale and distribution of tobacco ‘‘(ii) in the case of a petition for a variance Smoking Prevention and Tobacco Control Act, a products that occur through means other than a from a requirement, set forth the methods pro- tobacco product manufacturer shall not use to- direct, face-to-face exchange between a retailer posed to be used in, and the facilities and con- bacco, including foreign grown tobacco, that and a consumer in order to prevent the sale and trols proposed to be used for, the manufacture, contains a pesticide chemical residue that is at distribution of tobacco products to individuals packing, and storage of the tobacco product in a level greater than is specified by any tolerance who have not attained the minimum age estab- lieu of the methods, facilities, and controls pre- applicable under Federal law to domestically lished by applicable law for the purchase of scribed by the requirement; and grown tobacco. such products, including requirements for age ‘‘(iii) contain such other information as the ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- verification; and Secretary shall prescribe. ARDS.—The Secretary may revise the tobacco

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product standards in paragraph (1) in accord- ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- take effect before 1 year after the date of its ance with subsection (c). FORMED PERSONS.—In carrying out duties under publication unless the Secretary determines that ‘‘(3) TOBACCO PRODUCT STANDARDS.— this section, the Secretary shall endeavor to— an earlier effective date is necessary for the pro- ‘‘(A) IN GENERAL.—The Secretary may adopt ‘‘(A) use personnel, facilities, and other tech- tection of the public health. Such date or dates tobacco product standards in addition to those nical support available in other Federal agen- shall be established so as to minimize, consistent in paragraph (1) if the Secretary finds that a to- cies; with the public health, economic loss to, and bacco product standard is appropriate for the ‘‘(B) consult with other Federal agencies con- disruption or dislocation of, domestic and inter- protection of the public health. cerned with standard setting and other nation- national trade. In establishing such effective ‘‘(B) DETERMINATIONS.— ally or internationally recognized standard-set- date or dates, the Secretary shall consider infor- ‘‘(i) CONSIDERATIONS.—In making a finding ting entities; and mation submitted in connection with a proposed described in subparagraph (A), the Secretary ‘‘(C) invite appropriate participation, through product standard by interested parties, includ- shall consider scientific evidence concerning— joint or other conferences, workshops, or other ing manufacturers and tobacco growers, regard- ‘‘(I) the risks and benefits to the population means, by informed persons representative of ing the technical achievability of compliance as a whole, including users and nonusers of to- scientific, professional, industry, agricultural, with the standard, and including information bacco products, of the proposed standard; or consumer organizations who in the Sec- concerning the existence of patents that make it ‘‘(II) the increased or decreased likelihood retary’s judgment can make a significant con- impossible to comply in the timeframe envisioned that existing users of tobacco products will stop tribution. in the proposed standard. If the Secretary deter- using such products; and ‘‘(b) CONSIDERATIONS BY SECRETARY.— ‘‘(III) the increased or decreased likelihood mines, based on the Secretary’s evaluation of ‘‘(1) TECHNICAL ACHIEVABILITY.—The Sec- that those who do not use tobacco products will submitted comments, that a product standard retary shall consider information submitted in can be met only by manufacturers requiring start using such products. connection with a proposed standard regarding ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the substantial changes to the methods of farming the technical achievability of compliance with event that the Secretary makes a determination, the domestically grown tobacco used by the such standard. set forth in a proposed tobacco product stand- manufacturer, the effective date of that product ‘‘(2) OTHER CONSIDERATIONS.—The Secretary ard in a proposed rule, that it is appropriate for standard shall be not less than 2 years after the shall consider all other information submitted in the protection of public health to require the re- date of publication of the final regulation estab- connection with a proposed standard, including duction or elimination of an additive, con- lishing the standard. information concerning the countervailing ef- stituent (including a smoke constituent), or ‘‘(3) LIMITATION ON POWER GRANTED TO THE fects of the tobacco product standard on the other component of a tobacco product because FOOD AND DRUG ADMINISTRATION.—Because of health of adolescent tobacco users, adult to- the Secretary has found that the additive, con- the importance of a decision of the Secretary to bacco users, or nontobacco users, such as the stituent, or other component is or may be harm- issue a regulation— creation of a significant demand for contraband ful, any party objecting to the proposed stand- ‘‘(A) banning all cigarettes, all smokeless to- or other tobacco products that do not meet the ard on the ground that the proposed standard bacco products, all little cigars, all cigars other requirements of this chapter and the signifi- will not reduce or eliminate the risk of illness or than little cigars, all pipe tobacco, or all roll- cance of such demand. injury may provide for the Secretary’s consider- your-own tobacco products; or ‘‘(c) PROPOSED STANDARDS.— ‘‘(B) requiring the reduction of nicotine yields ation scientific evidence that demonstrates that ‘‘(1) IN GENERAL.—The Secretary shall publish of a tobacco product to zero, the proposed standard will not reduce or elimi- in the Federal Register a notice of proposed the Secretary is prohibited from taking such ac- nate the risk of illness or injury. rulemaking for the establishment, amendment, ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- tions under this Act. or revocation of any tobacco product standard. ARDS.—A tobacco product standard established ‘‘(4) AMENDMENT; REVOCATION.— ‘‘(2) REQUIREMENTS OF NOTICE.—A notice of under this section for a tobacco product— ‘‘(A) AUTHORITY.—The Secretary, upon the proposed rulemaking for the establishment or ‘‘(A) shall include provisions that are appro- Secretary’s own initiative or upon petition of an amendment of a tobacco product standard for a priate for the protection of the public health, in- interested person, may by a regulation, promul- tobacco product shall— cluding provisions, where appropriate— gated in accordance with the requirements of ‘‘(A) set forth a finding with supporting jus- ‘‘(i) for nicotine yields of the product; subsection (c) and paragraph (2), amend or re- ‘‘(ii) for the reduction or elimination of other tification that the tobacco product standard is voke a tobacco product standard. constituents, including smoke constituents, or appropriate for the protection of the public ‘‘(B) EFFECTIVE DATE.—The Secretary may de- harmful components of the product; or health; clare a proposed amendment of a tobacco prod- ‘‘(iii) relating to any other requirement under ‘‘(B) invite interested persons to submit a uct standard to be effective on and after its pub- subparagraph (B); draft or proposed tobacco product standard for lication in the Federal Register and until the ef- ‘‘(B) shall, where appropriate for the protec- consideration by the Secretary; fective date of any final action taken on such tion of the public health, include— ‘‘(C) invite interested persons to submit com- amendment if the Secretary determines that ‘‘(i) provisions respecting the construction, ments on structuring the standard so that it making it so effective is in the public interest. components, ingredients, additives, constituents, does not advantage foreign-grown tobacco over ‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— including smoke constituents, and properties of domestically grown tobacco; and ‘‘(A) IN GENERAL.—The Secretary may refer a the tobacco product; ‘‘(D) invite the Secretary of Agriculture to proposed regulation for the establishment, ‘‘(ii) provisions for the testing (on a sample provide any information or analysis which the amendment, or revocation of a tobacco product basis or, if necessary, on an individual basis) of Secretary of Agriculture believes is relevant to standard to the Tobacco Products Scientific Ad- the tobacco product; the proposed tobacco product standard. visory Committee for a report and recommenda- ‘‘(iii) provisions for the measurement of the to- ‘‘(3) FINDING.—A notice of proposed rule- tion with respect to any matter involved in the bacco product characteristics of the tobacco making for the revocation of a tobacco product proposed regulation which requires the exercise product; standard shall set forth a finding with sup- of scientific judgment. ‘‘(iv) provisions requiring that the results of porting justification that the tobacco product ‘‘(B) INITIATION OF REFERRAL.—The Secretary each or of certain of the tests of the tobacco standard is no longer appropriate for the protec- may make a referral under this paragraph— product required to be made under clause (ii) tion of the public health. ‘‘(i) on the Secretary’s own initiative; or show that the tobacco product is in conformity ‘‘(4) COMMENT.—The Secretary shall provide ‘‘(ii) upon the request of an interested person with the portions of the standard for which the for a comment period of not less than 60 days. that— test or tests were required; and ‘‘(d) PROMULGATION.— ‘‘(I) demonstrates good cause for the referral; ‘‘(v) a provision requiring that the sale and ‘‘(1) IN GENERAL.—After the expiration of the and distribution of the tobacco product be restricted period for comment on a notice of proposed rule- ‘‘(II) is made before the expiration of the pe- but only to the extent that the sale and distribu- making published under subsection (c) respect- riod for submission of comments on the proposed tion of a tobacco product may be restricted ing a tobacco product standard and after con- regulation. under a regulation under section 906(d); sideration of comments submitted under sub- ‘‘(C) PROVISION OF DATA.—If a proposed regu- ‘‘(C) shall, where appropriate, require the use sections (b) and (c) and any report from the To- lation is referred under this paragraph to the and prescribe the form and content of labeling bacco Products Scientific Advisory Committee, Tobacco Products Scientific Advisory Com- for the proper use of the tobacco product; and the Secretary shall— mittee, the Secretary shall provide the Advisory ‘‘(D) shall require tobacco products con- ‘‘(A) if the Secretary determines that the Committee with the data and information on taining foreign-grown tobacco to meet the same standard would be appropriate for the protec- which such proposed regulation is based. standards applicable to tobacco products con- tion of the public health, promulgate a regula- ‘‘(D) REPORT AND RECOMMENDATION.—The taining domestically grown tobacco. tion establishing a tobacco product standard Tobacco Products Scientific Advisory Committee ‘‘(5) PERIODIC REEVALUATION OF TOBACCO and publish in the Federal Register findings on shall, within 60 days after the referral of a pro- PRODUCT STANDARDS.—The Secretary shall pro- the matters referred to in subsection (c); or posed regulation under this paragraph and after vide for periodic evaluation of tobacco product ‘‘(B) publish a notice terminating the pro- independent study of the data and information standards established under this section to de- ceeding for the development of the standard to- furnished to it by the Secretary and other data termine whether such standards should be gether with the reasons for such termination. and information before it, submit to the Sec- changed to reflect new medical, scientific, or ‘‘(2) EFFECTIVE DATE.—A regulation estab- retary a report and recommendation respecting other technological data. The Secretary may lishing a tobacco product standard shall set such regulation, together with all underlying provide for testing under paragraph (4)(B) by forth the date or dates upon which the standard data and information and a statement of the any person. shall take effect, but no such regulation may reason or basis for the recommendation.

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‘‘(E) PUBLIC AVAILABILITY.—The Secretary product contains a manufacturing or other de- ‘‘(5) when requiring submission of a report or shall make a copy of each report and rec- fect not ordinarily contained in tobacco prod- information to the Secretary, shall state the rea- ommendation under subparagraph (D) publicly ucts on the market that would cause serious, son or purpose for the submission of such report available. adverse health consequences or death, the Sec- or information and identify to the fullest extent ‘‘(e) MENTHOL CIGARETTES.— retary shall issue an order requiring the appro- practicable such report or information; and ‘‘(1) REFERRAL; CONSIDERATIONS.—Imme- priate person (including the manufacturers, im- ‘‘(6) may not require that the identity of any diately upon the establishment of the Tobacco porters, distributors, or retailers of the tobacco patient or user be disclosed in records, reports, Products Scientific Advisory Committee under product) to immediately cease distribution of or information required under this subsection section 917(a), the Secretary shall refer to the such tobacco product. The order shall provide unless required for the medical welfare of an in- Committee for report and recommendation, the person subject to the order with an oppor- dividual, to determine risks to public health of under section 917(c)(4), the issue of the impact tunity for an informal hearing, to be held not a tobacco product, or to verify a record, report, of the use of menthol in cigarettes on the public later than 10 days after the date of the issuance or information submitted under this chapter. health, including such use among children, Af- of the order, on the actions required by the In prescribing regulations under this subsection, rican-Americans, Hispanics, and other racial order and on whether the order should be the Secretary shall have due regard for the pro- and ethnic minorities. In its review, the Tobacco amended to require a recall of such tobacco fessional ethics of the medical profession and Products Scientific Advisory Committee shall product. If, after providing an opportunity for the interests of patients. The prohibitions of address the considerations listed in subsections such a hearing, the Secretary determines that paragraph (6) continue to apply to records, re- (a)(3)(B)(i) and (b). inadequate grounds exist to support the actions ports, and information concerning any indi- ‘‘(2) REPORT AND RECOMMENDATION.—Not required by the order, the Secretary shall vacate vidual who has been a patient, irrespective of later than 1 year after its establishment, the To- the order. whether or when he ceases to be a patient. bacco Product Scientific Advisory Committee ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- ‘‘(b) REPORTS OF REMOVALS AND CORREC- shall submit to the Secretary the report and rec- CALL.— TIONS.— ommendations required pursuant to paragraph ‘‘(A) IN GENERAL.—If, after providing an op- ‘‘(1) IN GENERAL.—Except as provided in para- (1). portunity for an informal hearing under paragraph (2), the Secretary shall by regulation re- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this graph (1), the Secretary determines that the quire a tobacco product manufacturer or im- subsection shall be construed to limit the Sec- order should be amended to include a recall of porter of a tobacco product to report promptly to retary’s authority to take action under this sec- the tobacco product with respect to which the the Secretary any corrective action taken or re- tion or other sections of this Act applicable to order was issued, the Secretary shall, except as moval from the market of a tobacco product un- menthol. provided in subparagraph (B), amend the order dertaken by such manufacturer or importer if ‘‘(f) DISSOLVABLE TOBACCO PRODUCTS.— to require a recall. The Secretary shall specify a the removal or correction was undertaken— ‘‘(1) REFERRAL; CONSIDERATIONS.—The Sec- timetable in which the tobacco product recall ‘‘(A) to reduce a risk to health posed by the retary shall refer to the Tobacco Products Sci- will occur and shall require periodic reports to tobacco product; or entific Advisory Committee for report and rec- the Secretary describing the progress of the re- ‘‘(B) to remedy a violation of this chapter ommendation, under section 917(c)(4), the issue call. caused by the tobacco product which may of the nature and impact of the use of dissolv- ‘‘(B) NOTICE.—An amended order under sub- present a risk to health. able tobacco products on the public health, in- paragraph (A)— A tobacco product manufacturer or importer of cluding such use among children. In its review, ‘‘(i) shall not include recall of a tobacco prod- a tobacco product who undertakes a corrective the Tobacco Products Scientific Advisory Com- uct from individuals; and action or removal from the market of a tobacco mittee shall address the considerations listed in ‘‘(ii) shall provide for notice to persons subject product which is not required to be reported subsection (a)(3)(B)(i). to the risks associated with the use of such to- under this subsection shall keep a record of such ‘‘(2) REPORT AND RECOMMENDATION.—Not bacco product. correction or removal. later than 2 years after its establishment, the In providing the notice required by clause (ii), ‘‘(2) EXCEPTION.—No report of the corrective Tobacco Product Scientific Advisory Committee the Secretary may use the assistance of retailers action or removal of a tobacco product may be shall submit to the Secretary the report and rec- and other persons who distributed such tobacco required under paragraph (1) if a report of the ommendations required pursuant to paragraph product. If a significant number of such persons corrective action or removal is required and has (1). cannot be identified, the Secretary shall notify been submitted under subsection (a). ULE OF CONSTRUCTION ‘‘(3) R .—Nothing in this such persons under section 705(b). ‘‘SEC. 910. APPLICATION FOR REVIEW OF CER- subsection shall be construed to limit the Sec- ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy TAIN TOBACCO PRODUCTS. retary’s authority to take action under this sec- provided by this subsection shall be in addition ‘‘(a) IN GENERAL.— tion or other sections of this Act at any time ap- to remedies provided by subsection (a). ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For plicable to any dissolvable tobacco product. ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO purposes of this section the term ‘new tobacco ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. PRODUCTS. product’ means— ‘‘(a) NOTIFICATION.—If the Secretary deter- ‘‘(a) IN GENERAL.—Every person who is a to- ‘‘(A) any tobacco product (including those mines that— bacco product manufacturer or importer of a to- products in test markets) that was not commer- ‘‘(1) a tobacco product which is introduced or bacco product shall establish and maintain such cially marketed in the United States as of Feb- delivered for introduction into interstate com- records, make such reports, and provide such in- ruary 15, 2007; or merce for commercial distribution presents an formation, as the Secretary may by regulation ‘‘(B) any modification (including a change in unreasonable risk of substantial harm to the reasonably require to assure that such tobacco design, any component, any part, or any con- public health; and product is not adulterated or misbranded and to stituent, including a smoke constituent, or in ‘‘(2) notification under this subsection is nec- otherwise protect public health. Regulations the content, delivery or form of nicotine, or any essary to eliminate the unreasonable risk of prescribed under the preceding sentence— other additive or ingredient) of a tobacco prod- such harm and no more practicable means is ‘‘(1) may require a tobacco product manufac- uct where the modified product was commer- available under the provisions of this chapter turer or importer to report to the Secretary cially marketed in the United States after Feb- (other than this section) to eliminate such risk, whenever the manufacturer or importer receives ruary 15, 2007. the Secretary may issue such order as may be or otherwise becomes aware of information that ‘‘(2) PREMARKET REVIEW REQUIRED.— necessary to assure that adequate notification is reasonably suggests that one of its marketed to- ‘‘(A) NEW PRODUCTS.—An order under sub- provided in an appropriate form, by the persons bacco products may have caused or contributed section (c)(1)(A)(i) for a new tobacco product is and means best suited under the circumstances to a serious unexpected adverse experience asso- required unless— involved, to all persons who should properly re- ciated with the use of the product or any sig- ‘‘(i) the manufacturer has submitted a report ceive such notification in order to eliminate nificant increase in the frequency of a serious, under section 905(j); and the Secretary has such risk. The Secretary may order notification expected adverse product experience; issued an order that the tobacco product— by any appropriate means, including public ‘‘(2) shall require reporting of other signifi- ‘‘(I) is substantially equivalent to a tobacco service announcements. Before issuing an order cant adverse tobacco product experiences as de- product commercially marketed (other than for under this subsection, the Secretary shall con- termined by the Secretary to be necessary to be test marketing) in the United States as of Feb- sult with the persons who are to give notice reported; ruary 15, 2007; and under the order. ‘‘(3) shall not impose requirements unduly ‘‘(II) is in compliance with the requirements of ‘‘(b) NO EXEMPTION FROM OTHER LIABILITY.— burdensome to a tobacco product manufacturer this Act; or Compliance with an order issued under this sec- or importer, taking into account the cost of com- ‘‘(ii) the tobacco product is exempt from the tion shall not relieve any person from liability plying with such requirements and the need for requirements of section 905(j) pursuant to a reg- under Federal or State law. In awarding dam- the protection of the public health and the im- ulation issued under section 905(j)(3). ages for economic loss in an action brought for plementation of this chapter; ‘‘(B) APPLICATION TO CERTAIN POST-FEBRUARY the enforcement of any such liability, the value ‘‘(4) when prescribing the procedure for mak- 15, 2007, PRODUCTS.—Subparagraph (A) shall not to the plaintiff in such action of any remedy ing requests for reports or information, shall re- apply to a tobacco product— provided under such order shall be taken into quire that each request made under such regula- ‘‘(i) that was first introduced or delivered for account. tions for submission of a report or information introduction into interstate commerce for com- ‘‘(c) RECALL AUTHORITY.— to the Secretary state the reason or purpose for mercial distribution in the United States after ‘‘(1) IN GENERAL.—If the Secretary finds that such request and identify to the fullest extent February 15, 2007, and prior to the date that is there is a reasonable probability that a tobacco practicable such report or information; 21 months after the date of enactment of the

VerDate Nov 24 2008 01:01 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.016 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6510 CONGRESSIONAL RECORD — SENATE June 11, 2009 Family Smoking Prevention and Tobacco Con- ‘‘(A) may, on the Secretary’s own initiative; controlled investigations, which may include 1 trol Act; and or or more clinical investigations by experts quali- ‘‘(ii) for which a report was submitted under ‘‘(B) may, upon the request of an applicant, fied by training and experience to evaluate the section 905(j) within such 21-month period, refer such application to the Tobacco Products tobacco product. except that subparagraph (A) shall apply to the Scientific Advisory Committee for reference and ‘‘(B) OTHER EVIDENCE.—If the Secretary deter- tobacco product if the Secretary issues an order for submission (within such period as the Sec- mines that there exists valid scientific evidence that the tobacco product is not substantially retary may establish) of a report and rec- (other than evidence derived from investigations equivalent. ommendation respecting the application, to- described in subparagraph (A)) which is suffi- ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— gether with all underlying data and the reasons cient to evaluate the tobacco product, the Sec- ‘‘(A) IN GENERAL.—In this section and section or basis for the recommendation. retary may authorize that the determination for 905(j), the term ‘substantially equivalent’ or ‘‘(c) ACTION ON APPLICATION.— purposes of paragraph (2)(A) be made on the ‘substantial equivalence’ means, with respect to ‘‘(1) DEADLINE.— basis of such evidence. the tobacco product being compared to the pred- ‘‘(A) IN GENERAL.—As promptly as possible, icate tobacco product, that the Secretary by but in no event later than 180 days after the re- ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- order has found that the tobacco product— ceipt of an application under subsection (b), the SION.— ‘‘(i) has the same characteristics as the predi- Secretary, after considering the report and rec- ‘‘(1) IN GENERAL.—The Secretary shall, upon cate tobacco product; or ommendation submitted under subsection (b)(2), obtaining, where appropriate, advice on sci- ‘‘(ii) has different characteristics and the in- shall— entific matters from the Tobacco Products Sci- formation submitted contains information, in- ‘‘(i) issue an order that the new product may entific Advisory Committee, and after due notice cluding clinical data if deemed necessary by the be introduced or delivered for introduction into and opportunity for informal hearing for a to- Secretary, that demonstrates that it is not ap- interstate commerce if the Secretary finds that bacco product for which an order was issued propriate to regulate the product under this sec- none of the grounds specified in paragraph (2) under subsection (c)(1)(A)(i), issue an order tion because the product does not raise different of this subsection applies; or withdrawing the order if the Secretary finds— questions of public health. ‘‘(ii) issue an order that the new product may ‘‘(A) that the continued marketing of such to- ‘‘(B) CHARACTERISTICS.—In subparagraph (A), not be introduced or delivered for introduction the term ‘characteristics’ means the materials, bacco product no longer is appropriate for the into interstate commerce if the Secretary finds protection of the public health; ingredients, design, composition, heating source, (and sets forth the basis for such finding as part or other features of a tobacco product. of or accompanying such denial) that 1 or more ‘‘(B) that the application contained or was ‘‘(C) LIMITATION.—A tobacco product may not grounds for denial specified in paragraph (2) of accompanied by an untrue statement of a mate- be found to be substantially equivalent to a this subsection apply. rial fact; predicate tobacco product that has been re- ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- ‘‘(C) that the applicant— moved from the market at the initiative of the TION.—An order under subparagraph (A)(i) may ‘‘(i) has failed to establish a system for main- Secretary or that has been determined by a judi- require that the sale and distribution of the to- taining records, or has repeatedly or delib- cial order to be misbranded or adulterated. bacco product be restricted but only to the ex- EALTH INFORMATION.— erately failed to maintain records or to make re- ‘‘(4) H tent that the sale and distribution of a tobacco ‘‘(A) SUMMARY.—As part of a submission ports, required by an applicable regulation under section 905(j) respecting a tobacco prod- product may be restricted under a regulation under section 909; under section 906(d). uct, the person required to file a premarket noti- ‘‘(ii) has refused to permit access to, or copy- ‘‘(2) DENIAL OF APPLICATION.—The Secretary fication under such section shall provide an shall deny an application submitted under sub- ing or verification of, such records as required adequate summary of any health information section (b) if, upon the basis of the information by section 704; or related to the tobacco product or state that such submitted to the Secretary as part of the appli- ‘‘(iii) has not complied with the requirements information will be made available upon request cation and any other information before the of section 905; by any person. ‘‘(B) REQUIRED INFORMATION.—Any summary Secretary with respect to such tobacco product, ‘‘(D) on the basis of new information before under subparagraph (A) respecting a tobacco the Secretary finds that— the Secretary with respect to such tobacco prod- ‘‘(A) there is a lack of a showing that permit- product shall contain detailed information re- uct, evaluated together with the evidence before ting such tobacco product to be marketed would garding data concerning adverse health effects the Secretary when the application was re- be appropriate for the protection of the public and shall be made available to the public by the viewed, that the methods used in, or the facili- health; Secretary within 30 days of the issuance of a de- ties and controls used for, the manufacture, ‘‘(B) the methods used in, or the facilities or processing, packing, or installation of such to- termination that such tobacco product is sub- controls used for, the manufacture, processing, stantially equivalent to another tobacco prod- bacco product do not conform with the require- or packing of such tobacco product do not con- ments of section 906(e) and were not brought uct. form to the requirements of section 906(e); ‘‘(b) APPLICATION.— into conformity with such requirements within a ‘‘(C) based on a fair evaluation of all material ‘‘(1) CONTENTS.—An application under this reasonable time after receipt of written notice section shall contain— facts, the proposed labeling is false or mis- from the Secretary of nonconformity; leading in any particular; or ‘‘(A) full reports of all information, published ‘‘(E) on the basis of new information before or known to, or which should reasonably be ‘‘(D) such tobacco product is not shown to conform in all respects to a tobacco product the Secretary, evaluated together with the evi- known to, the applicant, concerning investiga- dence before the Secretary when the application tions which have been made to show the health standard in effect under section 907, and there is a lack of adequate information to justify the was reviewed, that the labeling of such tobacco risks of such tobacco product and whether such product, based on a fair evaluation of all mate- tobacco product presents less risk than other to- deviation from such standard. ‘‘(3) DENIAL INFORMATION.—Any denial of an rial facts, is false or misleading in any par- bacco products; ticular and was not corrected within a reason- ‘‘(B) a full statement of the components, in- application shall, insofar as the Secretary deter- able time after receipt of written notice from the gredients, additives, and properties, and of the mines to be practicable, be accompanied by a Secretary of such fact; or principle or principles of operation, of such to- statement informing the applicant of the meas- bacco product; ures required to remove such application from ‘‘(F) on the basis of new information before ‘‘(C) a full description of the methods used in, deniable form (which measures may include fur- the Secretary, evaluated together with the evi- and the facilities and controls used for, the ther research by the applicant in accordance dence before the Secretary when such order was manufacture, processing, and, when relevant, with 1 or more protocols prescribed by the Sec- issued, that such tobacco product is not shown packing and installation of, such tobacco prod- retary). to conform in all respects to a tobacco product uct; ‘‘(4) BASIS FOR FINDING.—For purposes of this standard which is in effect under section 907, ‘‘(D) an identifying reference to any tobacco section, the finding as to whether the marketing compliance with which was a condition to the product standard under section 907 which would of a tobacco product for which an application issuance of an order relating to the application, be applicable to any aspect of such tobacco has been submitted is appropriate for the protec- and that there is a lack of adequate information product, and either adequate information to tion of the public health shall be determined to justify the deviation from such standard. with respect to the risks and benefits to the pop- show that such aspect of such tobacco product ‘‘(2) APPEAL.—The holder of an application fully meets such tobacco product standard or ulation as a whole, including users and subject to an order issued under paragraph (1) adequate information to justify any deviation nonusers of the tobacco product, and taking withdrawing an order issued pursuant to sub- from such standard; into account— section (c)(1)(A)(i) may, by petition filed on or ‘‘(A) the increased or decreased likelihood ‘‘(E) such samples of such tobacco product before the 30th day after the date upon which that existing users of tobacco products will stop and of components thereof as the Secretary may such holder receives notice of such withdrawal, using such products; and reasonably require; obtain review thereof in accordance with section ‘‘(F) specimens of the labeling proposed to be ‘‘(B) the increased or decreased likelihood 912. used for such tobacco product; and that those who do not use tobacco products will ‘‘(G) such other information relevant to the start using such products. ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- subject matter of the application as the Sec- ‘‘(5) BASIS FOR ACTION.— viding an opportunity for an informal hearing, retary may require. ‘‘(A) INVESTIGATIONS.—For purposes of para- the Secretary determines there is reasonable ‘‘(2) REFERRAL TO TOBACCO PRODUCTS SCI- graph (2)(A), whether permitting a tobacco probability that the continuation of distribution ENTIFIC ADVISORY COMMITTEE.—Upon receipt of product to be marketed would be appropriate for of a tobacco product under an order would an application meeting the requirements set the protection of the public health shall, when cause serious, adverse health consequences or forth in paragraph (1), the Secretary— appropriate, be determined on the basis of well- death, that is greater than ordinarily caused by

VerDate Nov 24 2008 01:01 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.016 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6511 tobacco products on the market, the Secretary marketed tobacco products, or presents a re- this section, issue an order that a modified risk shall by order temporarily suspend the author- duced exposure to, or does not contain or is free product may be commercially marketed only if ity of the manufacturer to market the product. of, a substance or substances. the Secretary determines that the applicant has If the Secretary issues such an order, the Sec- ‘‘(B) LIMITATION.—No tobacco product shall demonstrated that such product, as it is actu- retary shall proceed expeditiously under para- be considered to be ‘sold or distributed for use to ally used by consumers, will— graph (1) to withdraw such application. reduce harm or the risk of tobacco-related dis- ‘‘(A) significantly reduce harm and the risk of ‘‘(e) SERVICE OF ORDER.—An order issued by ease associated with commercially marketed to- tobacco-related disease to individual tobacco the Secretary under this section shall be bacco products’, except as described in subpara- users; and served— graph (A). ‘‘(B) benefit the health of the population as a ‘‘(1) in person by any officer or employee of ‘‘(C) SMOKELESS TOBACCO PRODUCT.—No whole taking into account both users of tobacco the department designated by the Secretary; or smokeless tobacco product shall be considered to products and persons who do not currently use ‘‘(2) by mailing the order by registered mail or be ‘sold or distributed for use to reduce harm or tobacco products. certified mail addressed to the applicant at the the risk of tobacco-related disease associated ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— ‘‘(A) IN GENERAL.—The Secretary may issue applicant’s last known address in the records of with commercially marketed tobacco products’ an order that a tobacco product may be intro- the Secretary. solely because its label, labeling, or advertising duced or delivered for introduction into inter- ‘‘(f) RECORDS.— uses the following phrases to describe such state commerce, pursuant to an application ‘‘(1) ADDITIONAL INFORMATION.—In the case product and its use: ‘smokeless tobacco’, ‘smoke- under this section, with respect to a tobacco of any tobacco product for which an order less tobacco product’, ‘not consumed by smok- product that may not be commercially marketed issued pursuant to subsection (c)(1)(A)(i) for an ing’, ‘does not produce smoke’, ‘smokefree’, under paragraph (1) if the Secretary makes the application filed under subsection (b) is in ef- ‘smoke-free’, ‘without smoke’, ‘no smoke’, or findings required under this paragraph and defect, the applicant shall establish and maintain ‘not smoke’. termines that the applicant has demonstrated such records, and make such reports to the Sec- ‘‘(3) EFFECTIVE DATE.—The provisions of that— retary, as the Secretary may by regulation, or paragraph (2)(A)(ii) shall take effect 12 months ‘‘(i) such order would be appropriate to pro- by order with respect to such application, pre- after the date of enactment of the Family Smok- ing Prevention and Tobacco Control Act for mote the public health; scribe on the basis of a finding that such records ‘‘(ii) any aspect of the label, labeling, and ad- those products whose label, labeling, or adver- and reports are necessary in order to enable the vertising for such product that would cause the tising contains the terms described in such para- Secretary to determine, or facilitate a deter- tobacco product to be a modified risk tobacco graph on such date of enactment. The effective mination of, whether there is or may be grounds product under subsection (b) is limited to an ex- date shall be with respect to the date of manu- for withdrawing or temporarily suspending such plicit or implicit representation that such to- facture, provided that, in any case, beginning 30 order. bacco product or its smoke does not contain or days after such effective date, a manufacturer ‘‘(2) ACCESS TO RECORDS.—Each person re- is free of a substance or contains a reduced level shall not introduce into the domestic commerce quired under this section to maintain records, of a substance, or presents a reduced exposure of the United States any product, irrespective of and each person in charge of custody thereof, to a substance in tobacco smoke; shall, upon request of an officer or employee the date of manufacture, that is not in conform- ‘‘(iii) scientific evidence is not available and, designated by the Secretary, permit such officer ance with paragraph (2)(A)(ii). using the best available scientific methods, can- ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A or employee at all reasonable times to have ac- not be made available without conducting long- product that is intended to be used for the treat- cess to and copy and verify such records. term epidemiological studies for an application ment of tobacco dependence, including smoking ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT EX- to meet the standards set forth in paragraph (1); cessation, is not a modified risk tobacco product EMPTION FOR INVESTIGATIONAL USE.—The Sec- and retary may exempt tobacco products intended under this section if it has been approved as a ‘‘(iv) the scientific evidence that is available for investigational use from the provisions of drug or device by the Food and Drug Adminis- without conducting long-term epidemiological this chapter under such conditions as the Sec- tration and is subject to the requirements of studies demonstrates that a measurable and sub- retary may by regulation prescribe. chapter V. stantial reduction in morbidity or mortality ‘‘(d) FILING.—Any person may file with the ‘‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS. among individual tobacco users is reasonably Secretary an application for a modified risk to- ‘‘(a) IN GENERAL.—No person may introduce likely in subsequent studies. bacco product. Such application shall include— or deliver for introduction into interstate com- ‘‘(B) ADDITIONAL FINDINGS REQUIRED.—To ‘‘(1) a description of the proposed product and merce any modified risk tobacco product unless issue an order under subparagraph (A) the Sec- any proposed advertising and labeling; an order issued pursuant to subsection (g) is ef- retary must also find that the applicant has ‘‘(2) the conditions for using the product; demonstrated that— fective with respect to such product. ‘‘(3) the formulation of the product; ‘‘(b) DEFINITIONS.—In this section: ‘‘(i) the magnitude of the overall reductions in ‘‘(4) sample product labels and labeling; exposure to the substance or substances which ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The ‘‘(5) all documents (including underlying sci- term ‘modified risk tobacco product’ means any are the subject of the application is substantial, entific information) relating to research findings such substance or substances are harmful, and tobacco product that is sold or distributed for conducted, supported, or possessed by the to- use to reduce harm or the risk of tobacco-related the product as actually used exposes consumers bacco product manufacturer relating to the ef- to the specified reduced level of the substance or disease associated with commercially marketed fect of the product on tobacco-related diseases tobacco products. substances; and health-related conditions, including infor- ‘‘(ii) the product as actually used by con- ‘‘(2) SOLD OR DISTRIBUTED.— mation both favorable and unfavorable to the sumers will not expose them to higher levels of ‘‘(A) IN GENERAL.—With respect to a tobacco ability of the product to reduce risk or exposure product, the term ‘sold or distributed for use to other harmful substances compared to the simi- and relating to human health; lar types of tobacco products then on the market reduce harm or the risk of tobacco-related dis- ‘‘(6) data and information on how consumers ease associated with commercially marketed to- unless such increases are minimal and the rea- actually use the tobacco product; and sonably likely overall impact of use of the prod- bacco products’ means a tobacco product— ‘‘(7) such other information as the Secretary ‘‘(i) the label, labeling, or advertising of uct remains a substantial and measurable re- may require. duction in overall morbidity and mortality which represents explicitly or implicitly that— ‘‘(e) PUBLIC AVAILABILITY.—The Secretary ‘‘(I) the tobacco product presents a lower risk among individual tobacco users; shall make the application described in sub- ‘‘(iii) testing of actual consumer perception of tobacco-related disease or is less harmful section (d) publicly available (except matters in shows that, as the applicant proposes to label than one or more other commercially marketed the application which are trade secrets or other- and market the product, consumers will not be tobacco products; wise confidential, commercial information) and misled into believing that the product— ‘‘(II) the tobacco product or its smoke con- shall request comments by interested persons on ‘‘(I) is or has been demonstrated to be less tains a reduced level of a substance or presents the information contained in the application harmful; or a reduced exposure to a substance; or and on the label, labeling, and advertising ac- ‘‘(II) presents or has been demonstrated to ‘‘(III) the tobacco product or its smoke does companying such application. present less of a risk of disease than 1 or more not contain or is free of a substance; ‘‘(f) ADVISORY COMMITTEE.— other commercially marketed tobacco products; ‘‘(ii) the label, labeling, or advertising of ‘‘(1) IN GENERAL.—The Secretary shall refer to and which uses the descriptors ‘light’, ‘mild’, or the Tobacco Products Scientific Advisory Com- ‘‘(iv) issuance of an order with respect to the ‘low’ or similar descriptors; or mittee any application submitted under this sec- application is expected to benefit the health of ‘‘(iii) the tobacco product manufacturer of tion. the population as a whole taking into account which has taken any action directed to con- ‘‘(2) RECOMMENDATIONS.—Not later than 60 both users of tobacco products and persons who sumers through the media or otherwise, other days after the date an application is referred to do not currently use tobacco products. than by means of the tobacco product’s label, the Tobacco Products Scientific Advisory Com- ‘‘(C) CONDITIONS OF MARKETING.— labeling, or advertising, after the date of enact- mittee under paragraph (1), the Advisory Com- ‘‘(i) IN GENERAL.—Applications subject to an ment of the Family Smoking Prevention and To- mittee shall report its recommendations on the order under this paragraph shall be limited to a bacco Control Act, respecting the product that application to the Secretary. term of not more than 5 years, but may be re- would be reasonably expected to result in con- ‘‘(g) MARKETING.— newed upon a finding by the Secretary that the sumers believing that the tobacco product or its ‘‘(1) MODIFIED RISK PRODUCTS.—Except as requirements of this paragraph continue to be smoke may present a lower risk of disease or is provided in paragraph (2), the Secretary shall, satisfied based on the filing of a new applica- less harmful than one or more commercially with respect to an application submitted under tion.

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‘‘(ii) AGREEMENTS BY APPLICANT.—An order ‘‘(4) TIME.—An order issued under subsection order under subsection (g) to show that a sub- under this paragraph shall be conditioned on (g)(1) shall be effective for a specified period of stantial reduction in morbidity or mortality the applicant’s agreement to conduct postmarket time. among individual tobacco users occurs for prod- surveillance and studies and to submit to the ‘‘(5) ADVERTISING.—The Secretary may re- ucts described in subsection (g)(1) or is reason- Secretary the results of such surveillance and quire, with respect to a product for which an ably likely for products described in subsection studies to determine the impact of the order on applicant obtained an order under subsection (g)(2); consumer perception, behavior, and health and (g)(1), that the product comply with require- ‘‘(B) include validated biomarkers, inter- to enable the Secretary to review the accuracy ments relating to advertising and promotion of mediate clinical endpoints, and other feasible of the determinations upon which the order was the tobacco product. outcome measures, as appropriate; based in accordance with a protocol approved ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- ‘‘(C) establish minimum standards for by the Secretary. IES.— postmarket studies, that shall include regular ‘‘(iii) ANNUAL SUBMISSION.—The results of ‘‘(1) IN GENERAL.—The Secretary shall require, and long-term assessments of health outcomes such postmarket surveillance and studies de- with respect to a product for which an appli- and mortality, intermediate clinical endpoints, scribed in clause (ii) shall be submitted annu- cant obtained an order under subsection (g)(1), consumer perception of harm reduction, and the ally. that the applicant conduct postmarket surveil- impact on quitting behavior and new use of to- ‘‘(3) BASIS.—The determinations under para- lance and studies for such a tobacco product to bacco products, as appropriate; graphs (1) and (2) shall be based on— determine the impact of the order issuance on ‘‘(D) establish minimum standards for re- ‘‘(A) the scientific evidence submitted by the consumer perception, behavior, and health, to quired postmarket surveillance, including ongo- applicant; and enable the Secretary to review the accuracy of ing assessments of consumer perception; ‘‘(B) scientific evidence and other information the determinations upon which the order was ‘‘(E) require that data from the required stud- that is made available to the Secretary. based, and to provide information that the Sec- ies and surveillance be made available to the ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND retary determines is otherwise necessary regard- Secretary prior to the decision on renewal of a OF POPULATION AS A WHOLE.—In making the de- ing the use or health risks involving the tobacco modified risk tobacco product; and terminations under paragraphs (1) and (2), the product. The results of postmarket surveillance ‘‘(F) establish a reasonable timetable for the Secretary shall take into account— and studies shall be submitted to the Secretary Secretary to review an application under this ‘‘(A) the relative health risks to individuals of on an annual basis. section. the tobacco product that is the subject of the ap- ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- ‘‘(2) CONSULTATION.—The regulations or guid- plication; cant required to conduct a surveillance of a to- ance issued under paragraph (1) shall be devel- ‘‘(B) the increased or decreased likelihood bacco product under paragraph (1) shall, within oped in consultation with the Institute of Medi- that existing users of tobacco products who 30 days after receiving notice that the applicant cine, and with the input of other appropriate would otherwise stop using such products will is required to conduct such surveillance, submit, scientific and medical experts, on the design and switch to the tobacco product that is the subject for the approval of the Secretary, a protocol for conduct of such studies and surveillance. of the application; the required surveillance. The Secretary, within ‘‘(3) REVISION.—The regulations or guidance ‘‘(C) the increased or decreased likelihood 60 days of the receipt of such protocol, shall de- under paragraph (1) shall be revised on a reg- that persons who do not use tobacco products termine if the principal investigator proposed to ular basis as new scientific information becomes will start using the tobacco product that is the be used in the surveillance has sufficient quali- available. subject of the application; fications and experience to conduct such sur- ‘‘(4) NEW TOBACCO PRODUCTS.—Not later than ‘‘(D) the risks and benefits to persons from the veillance and if such protocol will result in col- 2 years after the date of enactment of the Fam- use of the tobacco product that is the subject of lection of the data or other information des- ily Smoking Prevention and Tobacco Control the application as compared to the use of prod- ignated by the Secretary as necessary to protect Act, the Secretary shall issue a regulation or ucts for smoking cessation approved under the public health. guidance that permits the filing of a single ap- chapter V to treat nicotine dependence; and ‘‘(j) WITHDRAWAL OF AUTHORIZATION.—The plication for any tobacco product that is a new ‘‘(E) comments, data, and information sub- Secretary, after an opportunity for an informal tobacco product under section 910 and which mitted by interested persons. hearing, shall withdraw an order under sub- the applicant seeks to commercially market ‘‘(h) ADDITIONAL CONDITIONS FOR MAR- section (g) if the Secretary determines that— under this section. KETING.— ‘‘(1) the applicant, based on new information, ‘‘(m) DISTRIBUTORS.—Except as provided in ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- can no longer make the demonstrations required this section, no distributor may take any action, retary shall require for the marketing of a prod- under subsection (g), or the Secretary can no after the date of enactment of the Family Smok- uct under this section that any advertising or longer make the determinations required under ing Prevention and Tobacco Control Act, with labeling concerning modified risk products en- subsection (g); respect to a tobacco product that would reasonable the public to comprehend the information ‘‘(2) the application failed to include material ably be expected to result in consumers believing concerning modified risk and to understand the information or included any untrue statement of that the tobacco product or its smoke may relative significance of such information in the material fact; present a lower risk of disease or is less harmful context of total health and in relation to all of ‘‘(3) any explicit or implicit representation than one or more commercially marketed to- the diseases and health-related conditions asso- that the product reduces risk or exposure is no bacco products, or presents a reduced exposure ciated with the use of tobacco products. longer valid, including if— to, or does not contain or is free of, a substance ‘‘(2) COMPARATIVE CLAIMS.— ‘‘(A) a tobacco product standard is established or substances. ‘‘(A) IN GENERAL.—The Secretary may require pursuant to section 907; ‘‘SEC. 912. JUDICIAL REVIEW. for the marketing of a product under this sub- ‘‘(B) an action is taken that affects the risks ‘‘(a) RIGHT TO REVIEW.— section that a claim comparing a tobacco prod- presented by other commercially marketed to- ‘‘(1) IN GENERAL.—Not later than 30 days uct to 1 or more other commercially marketed tobacco products that were compared to the prod- after— bacco products shall compare the tobacco product that is the subject of the application; or ‘‘(A) the promulgation of a regulation under uct to a commercially marketed tobacco product ‘‘(C) any postmarket surveillance or studies section 907 establishing, amending, or revoking that is representative of that type of tobacco reveal that the order is no longer consistent a tobacco product standard; or product on the market (for example the average with the protection of the public health; ‘‘(B) a denial of an application under section value of the top 3 brands of an established reg- ‘‘(4) the applicant failed to conduct or submit 910(c), ular tobacco product). the postmarket surveillance and studies required any person adversely affected by such regula- ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- under subsection (g)(2)(C)(ii) or subsection (i); tion or denial may file a petition for judicial re- retary may also require, for purposes of sub- or view of such regulation or denial with the paragraph (A), that the percent (or fraction) of ‘‘(5) the applicant failed to meet a condition United States Court of Appeals for the District change and identity of the reference tobacco imposed under subsection (h). of Columbia or for the circuit in which such per- product and a quantitative comparison of the ‘‘(k) CHAPTER IV OR V.—A product for which son resides or has their principal place of busi- amount of the substance claimed to be reduced the Secretary has issued an order pursuant to ness. shall be stated in immediate proximity to the subsection (g) shall not be subject to chapter IV ‘‘(2) REQUIREMENTS.— most prominent claim. or V. ‘‘(A) COPY OF PETITION.—A copy of the peti- ‘‘(3) LABEL DISCLOSURE.— ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- tion filed under paragraph (1) shall be trans- ‘‘(A) IN GENERAL.—The Secretary may require ANCE.— mitted by the clerk of the court involved to the the disclosure on the label of other substances in ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 Secretary. the tobacco product, or substances that may be years after the date of enactment of the Family ‘‘(B) RECORD OF PROCEEDINGS.—On receipt of produced by the consumption of that tobacco Smoking Prevention and Tobacco Control Act, a petition under subparagraph (A), the Sec- product, that may affect a disease or health-re- the Secretary shall issue regulations or guidance retary shall file in the court in which such peti- lated condition or may increase the risk of other (or any combination thereof) on the scientific tion was filed— diseases or health-related conditions associated evidence required for assessment and ongoing ‘‘(i) the record of the proceedings on which with the use of tobacco products. review of modified risk tobacco products. Such the regulation or order was based; and ‘‘(B) CONDITIONS OF USE.—If the conditions of regulations or guidance shall— ‘‘(ii) a statement of the reasons for the use of the tobacco product may affect the risk of ‘‘(A) to the extent that adequate scientific evi- issuance of such a regulation or order. the product to human health, the Secretary may dence exists, establish minimum standards for ‘‘(C) DEFINITION OF RECORD.—In this section, require the labeling of conditions of use. scientific studies needed prior to issuing an the term ‘record’ means—

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.017 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6513 ‘‘(i) all notices and other matter published in ment of the Family Smoking Prevention and To- under subsection (a) shall provide that, with re- the Federal Register with respect to the regula- bacco Control Act, the Secretary shall promul- spect to any subsequent or additional testing tion or order reviewed; gate regulations under this Act that meet the re- and reporting of tobacco products required ‘‘(ii) all information submitted to the Sec- quirements of subsection (b). under this section, such testing and reporting by retary with respect to such regulation or order; ‘‘(b) CONTENTS OF RULES.—The regulations a small tobacco product manufacturer shall be ‘‘(iii) proceedings of any panel or advisory promulgated under subsection (a)— conducted in accordance with the timeframes committee with respect to such regulation or ‘‘(1) shall require testing and reporting of to- described in paragraph (2)(A), except that, in order; bacco product constituents, ingredients, and ad- the case of a new product, or if there has been ‘‘(iv) any hearing held with respect to such ditives, including smoke constituents, by brand a modification described in section 910(a)(1)(B) regulation or order; and and subbrand that the Secretary determines of any product of a small tobacco product man- ‘‘(v) any other information identified by the should be tested to protect the public health, ufacturer since the last testing and reporting re- Secretary, in the administrative proceeding held provided that, for purposes of the testing required under this section, the Secretary shall re- with respect to such regulation or order, as quirements of this paragraph, tobacco products quire that any subsequent or additional testing being relevant to such regulation or order. manufactured and sold by a single tobacco and reporting be conducted in accordance with ‘‘(b) STANDARD OF REVIEW.—Upon the filing product manufacturer that are identical in all the same timeframe applicable to manufacturers of the petition under subsection (a) for judicial respects except the labels, packaging design, that are not small tobacco product manufactur- review of a regulation or order, the court shall logo, trade dress, trademark, brand name, or ers. have jurisdiction to review the regulation or any combination thereof, shall be considered as ‘‘(4) JOINT LABORATORY TESTING SERVICES.— order in accordance with chapter 7 of title 5, a single brand; and The Secretary shall allow any 2 or more small United States Code, and to grant appropriate re- ‘‘(2) may require that tobacco product manu- tobacco product manufacturers to join together lief, including interim relief, as provided for in facturers, packagers, or importers make disclo- to purchase laboratory testing services required such chapter. A regulation or denial described sures relating to the results of the testing of tar by this section on a group basis in order to en- in subsection (a) shall be reviewed in accord- and nicotine through labels or advertising or sure that such manufacturers receive access to, ance with section 706(2)(A) of title 5, United other appropriate means, and make disclosures and fair pricing of, such testing services. States Code. regarding the results of the testing of other con- ‘‘(e) EXTENSIONS FOR LIMITED LABORATORY ‘‘(c) FINALITY OF JUDGMENT.—The judgment stituents, including smoke constituents, ingredi- CAPACITY.— of the court affirming or setting aside, in whole ents, or additives, that the Secretary determines ‘‘(1) IN GENERAL.—The regulations promul- or in part, any regulation or order shall be should be disclosed to the public to protect the gated under subsection (a) shall provide that a final, subject to review by the Supreme Court of public health and will not mislead consumers small tobacco product manufacturer shall not be considered to be in violation of this section be- the United States upon certiorari or certifi- about the risk of tobacco-related disease. fore the deadline applicable under paragraphs cation, as provided in section 1254 of title 28, ‘‘(c) AUTHORITY.—The Secretary shall have United States Code. the authority under this chapter to conduct or (3) and (4), if— ‘‘(A) the tobacco products of such manufac- ‘‘(d) OTHER REMEDIES.—The remedies pro- to require the testing, reporting, or disclosure of turer are in compliance with all other require- vided for in this section shall be in addition to, tobacco product constituents, including smoke ments of this chapter; and and not in lieu of, any other remedies provided constituents. by law. ‘‘(B) the conditions described in paragraph (2) ‘‘(d) SMALL TOBACCO PRODUCT MANUFACTUR- are met. ‘‘(e) REGULATIONS AND ORDERS MUST RECITE ERS.— ‘‘(2) CONDITIONS.—Notwithstanding the re- BASIS IN RECORD.—To facilitate judicial review, ‘‘(1) FIRST COMPLIANCE DATE.—The initial reg- quirements of this section, the Secretary may a regulation or order issued under section 906, ulations promulgated under subsection (a) shall delay the date by which a small tobacco product 907, 908, 909, 910, or 916 shall contain a state- not impose requirements on small tobacco prod- manufacturer must be in compliance with the ment of the reasons for the issuance of such reg- uct manufacturers before the later of— testing and reporting required by this section ulation or order in the record of the proceedings ‘‘(A) the end of the 2-year period following until such time as the testing is reported if, not held in connection with its issuance. the final promulgation of such regulations; and later than 90 days before the deadline for re- ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- ‘‘(B) the initial date set by the Secretary for porting in accordance with this section, a small LETS. compliance with such regulations by manufac- tobacco product manufacturer provides evidence ‘‘The Secretary shall issue regulations to re- turers that are not small tobacco product manu- to the Secretary demonstrating that— quire that retail establishments for which the facturers. ‘‘(A) the manufacturer has submitted the re- predominant business is the sale of tobacco ‘‘(2) TESTING AND REPORTING INITIAL COMPLI- quired products for testing to a laboratory and products comply with any advertising restric- ANCE PERIOD.— has done so sufficiently in advance of the dead- tions applicable to retail establishments acces- ‘‘(A) 4-YEAR PERIOD.—The initial regulations line to create a reasonable expectation of com- sible to individuals under the age of 18. promulgated under subsection (a) shall give pletion by the deadline; ‘‘SEC. 914. JURISDICTION OF AND COORDINATION each small tobacco product manufacturer a 4- ‘‘(B) the products currently are awaiting test- WITH THE FEDERAL TRADE COMMIS- year period over which to conduct testing and ing by the laboratory; and SION. reporting for all of its tobacco products. Subject ‘‘(C) neither that laboratory nor any other ‘‘(a) JURISDICTION.— to paragraph (1), the end of the first year of laboratory is able to complete testing by the ‘‘(1) IN GENERAL.—Except where expressly pro- such 4-year period shall coincide with the initial deadline at customary, nonexpedited testing vided in this chapter, nothing in this chapter date of compliance under this section set by the fees. shall be construed as limiting or diminishing the Secretary with respect to manufacturers that ‘‘(3) EXTENSION.—The Secretary, taking into authority of the Federal Trade Commission to are not small tobacco product manufacturers or account the laboratory testing capacity that is enforce the laws under its jurisdiction with re- the end of the 2-year period following the final available to tobacco product manufacturers, spect to the advertising, sale, or distribution of promulgation of such regulations, as described shall review and verify the evidence submitted tobacco products. in paragraph (1)(A). A small tobacco product by a small tobacco product manufacturer in ac- ‘‘(2) ENFORCEMENT.—Any advertising that manufacturer shall be required— cordance with paragraph (2). If the Secretary violates this chapter or a provision of the regu- ‘‘(i) to conduct such testing and reporting for finds that the conditions described in such para- lations referred to in section 102 of the Family 25 percent of its tobacco products during each graph are met, the Secretary shall notify the Smoking Prevention and Tobacco Control Act, is year of such 4-year period; and small tobacco product manufacturer that the an unfair or deceptive act or practice under sec- ‘‘(ii) to conduct such testing and reporting for manufacturer shall not be considered to be in tion 5(a) of the Federal Trade Commission Act its largest-selling tobacco products (as deter- violation of the testing and reporting require- and shall be considered a violation of a rule mined by the Secretary) before its other tobacco ments of this section until the testing is reported promulgated under section 18 of that Act. products, or in such other order of priority as or until 1 year after the reporting deadline has ‘‘(b) COORDINATION.—With respect to the re- determined by the Secretary. passed, whichever occurs sooner. If, however, quirements of section 4 of the Federal Cigarette ‘‘(B) CASE-BY-CASE DELAY.—Notwithstanding the Secretary has not made a finding before the Labeling and Advertising Act and section 3 of subparagraph (A), the Secretary may, on a case- reporting deadline, the manufacturer shall not the Comprehensive Smokeless Tobacco Health by-case basis, delay the date by which an indi- be considered to be in violation of such require- Education Act of 1986— vidual small tobacco product manufacturer must ments until the Secretary finds that the condi- ‘‘(1) the Chairman of the Federal Trade Com- conduct testing and reporting for its tobacco tions described in paragraph (2) have not been mission shall coordinate with the Secretary con- products under this section based upon a show- met, or until 1 year after the reporting deadline, cerning the enforcement of such Act as such ening of undue hardship to such manufacturer. whichever occurs sooner. forcement relates to unfair or deceptive acts or Notwithstanding the preceding sentence, the ‘‘(4) ADDITIONAL EXTENSION.—In addition to practices in the advertising of cigarettes or Secretary shall not extend the deadline for a the time that may be provided under paragraph smokeless tobacco; and small tobacco product manufacturer to conduct (3), the Secretary may provide further exten- ‘‘(2) the Secretary shall consult with the testing and reporting for all of its tobacco prod- sions of time, in increments of no more than 1 Chairman of such Commission in revising the ucts beyond a total of 5 years after the initial year, for required testing and reporting to occur label statements and requirements under such date of compliance under this section set by the if the Secretary determines, based on evidence sections. Secretary with respect to manufacturers that properly and timely submitted by a small to- ‘‘SEC. 915. REGULATION REQUIREMENT. are not small tobacco product manufacturers. bacco product manufacturer in accordance with ‘‘(a) TESTING, REPORTING, AND DISCLOSURE.— ‘‘(3) SUBSEQUENT AND ADDITIONAL TESTING paragraph (2), that a lack of available labora- Not later than 36 months after the date of enact- AND REPORTING.—The regulations promulgated tory capacity prevents the manufacturer from

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.017 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6514 CONGRESSIONAL RECORD — SENATE June 11, 2009 completing the required testing during the pe- ‘‘(iii) 1 individual as a representative of the ‘‘(1) at the request of the applicant, consider riod described in paragraph (3). general public; designating products for smoking cessation, in- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in sub- ‘‘(iv) 1 individual as a representative of the cluding nicotine replacement products as fast section (d) or (e) shall be construed to authorize interests of the tobacco manufacturing industry; track research and approval products within the the extension of any deadline, or to otherwise ‘‘(v) 1 individual as a representative of the in- meaning of section 506; affect any timeframe, under any provision of terests of the small business tobacco manufac- ‘‘(2) consider approving the extended use of this Act or the Family Smoking Prevention and turing industry, which position may be filled on nicotine replacement products (such as nicotine Tobacco Control Act other than this section. a rotating, sequential basis by representatives of patches, nicotine gum, and nicotine lozenges) ‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL different small business tobacco manufacturers for the treatment of tobacco dependence; and AUTHORITY. based on areas of expertise relevant to the topics ‘‘(3) review and consider the evidence for ad- ‘‘(a) IN GENERAL.— being considered by the Advisory Committee; ditional indications for nicotine replacement ‘‘(1) PRESERVATION.—Except as provided in and products, such as for craving relief or relapse paragraph (2)(A), nothing in this chapter, or ‘‘(vi) 1 individual as a representative of the prevention. rules promulgated under this chapter, shall be interests of the tobacco growers. ‘‘(b) REPORT ON INNOVATIVE PRODUCTS.— construed to limit the authority of a Federal ‘‘(B) NONVOTING MEMBERS.—The members of ‘‘(1) IN GENERAL.—Not later than 3 years after agency (including the Armed Forces), a State or the committee appointed under clauses (iv), (v), the date of enactment of the Family Smoking political subdivision of a State, or the govern- and (vi) of subparagraph (A) shall serve as con- Prevention and Tobacco Control Act, the Sec- ment of an Indian tribe to enact, adopt, promul- sultants to those described in clauses (i) through retary, after consultation with recognized sci- gate, and enforce any law, rule, regulation, or (iii) of subparagraph (A) and shall be nonvoting entific, medical, and public health experts (in- other measure with respect to tobacco products representatives. cluding both Federal agencies and nongovern- that is in addition to, or more stringent than, ‘‘(C) CONFLICTS OF INTEREST.—No members of mental entities, the Institute of Medicine of the requirements established under this chapter, in- the committee, other than members appointed National Academy of Sciences, and the Society cluding a law, rule, regulation, or other measure pursuant to clauses (iv), (v), and (vi) of sub- for Research on Nicotine and Tobacco), shall relating to or prohibiting the sale, distribution, paragraph (A) shall, during the member’s tenure submit to the Congress a report that examines possession, exposure to, access to, advertising on the committee or for the 18-month period how best to regulate, promote, and encourage and promotion of, or use of tobacco products by prior to becoming such a member, receive any the development of innovative products and individuals of any age, information reporting to salary, grants, or other payments or support treatments (including nicotine-based and non- the State, or measures relating to fire safety from any business that manufactures, distrib- standards for tobacco products. No provision of nicotine-based products and treatments) to bet- utes, markets, or sells cigarettes or other tobacco ter achieve, in a manner that best protects and this chapter shall limit or otherwise affect any products. State, tribal, or local taxation of tobacco prod- promotes the public health— ‘‘(2) LIMITATION.—The Secretary may not ap- ‘‘(A) total abstinence from tobacco use; ucts. point to the Advisory Committee any individual ‘‘(2) PREEMPTION OF CERTAIN STATE AND ‘‘(B) reductions in consumption of tobacco; who is in the regular full-time employ of the and LOCAL REQUIREMENTS.— Food and Drug Administration or any agency ‘‘(A) IN GENERAL.—No State or political sub- ‘‘(C) reductions in the harm associated with responsible for the enforcement of this Act. The division of a State may establish or continue in continued tobacco use. Secretary may appoint Federal officials as ex effect with respect to a tobacco product any re- ‘‘(2) RECOMMENDATIONS.—The report under quirement which is different from, or in addition officio members. paragraph (1) shall include the recommenda- ‘‘(3) CHAIRPERSON.—The Secretary shall des- to, any requirement under the provisions of this tions of the Secretary on how the Food and ignate 1 of the members appointed under clauses chapter relating to tobacco product standards, Drug Administration should coordinate and fa- (i), (ii), and (iii) of paragraph (1)(A) to serve as premarket review, adulteration, misbranding, cilitate the exchange of information on such in- chairperson. labeling, registration, good manufacturing novative products and treatments among rel- ‘‘(c) DUTIES.—The Tobacco Products Scientific standards, or modified risk tobacco products. evant offices and centers within the Administra- Advisory Committee shall provide advice, infor- ‘‘(B) EXCEPTION.—Subparagraph (A) does not tion and within the National Institutes of apply to requirements relating to the sale, dis- mation, and recommendations to the Secretary— Health, the Centers for Disease Control and Pre- ‘‘(1) as provided in this chapter; tribution, possession, information reporting to vention, and other relevant agencies. ‘‘(2) on the effects of the alteration of the nic- the State, exposure to, access to, the advertising ‘‘SEC. 919. USER FEES. and promotion of, or use of, tobacco products by otine yields from tobacco products; ‘‘(3) on whether there is a threshold level ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.— individuals of any age, or relating to fire safety below which nicotine yields do not produce de- Beginning on the date of enactment of the Fam- standards for tobacco products. Information dis- pendence on the tobacco product involved; and ily Smoking Prevention and Tobacco Control closed to a State under subparagraph (A) that is ‘‘(4) on its review of other safety, dependence, Act, the Secretary shall in accordance with this exempt from disclosure under section 552(b)(4) of or health issues relating to tobacco products as section assess user fees on, and collect such fees title 5, United States Code, shall be treated as a requested by the Secretary. from, each manufacturer and importer of to- trade secret and confidential information by the ‘‘(d) COMPENSATION; SUPPORT; FACA.— bacco products subject to this chapter. The fees State. ‘‘(1) COMPENSATION AND TRAVEL.—Members of shall be assessed and collected with respect to ‘‘(b) RULE OF CONSTRUCTION REGARDING the Advisory Committee who are not officers or each quarter of each fiscal year, and the total PRODUCT LIABILITY.—No provision of this chap- employees of the United States, while attending amount assessed and collected for a fiscal year ter relating to a tobacco product shall be con- conferences or meetings of the committee or oth- shall be the amount specified in subsection strued to modify or otherwise affect any action erwise engaged in its business, shall be entitled (b)(1) for such year, subject to subsection (c). or the liability of any person under the product to receive compensation at rates to be fixed by ‘‘(b) ASSESSMENT OF USER FEE.— liability law of any State. the Secretary, which may not exceed the daily ‘‘(1) AMOUNT OF ASSESSMENT.—The total ‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC ADVI- equivalent of the rate in effect under the Senior amount of user fees authorized to be assessed SORY COMMITTEE. Executive Schedule under section 5382 of title 5, and collected under subsection (a) for a fiscal ‘‘(a) ESTABLISHMENT.—Not later than 6 year is the following, as applicable to the fiscal months after the date of enactment of the Fam- United States Code, for each day (including year involved: ily Smoking Prevention and Tobacco Control travel time) they are so engaged; and while so ‘‘(A) For fiscal year 2009, $85,000,000 (subject Act, the Secretary shall establish a 12-member serving away from their homes or regular places to subsection (e)). advisory committee, to be known as the Tobacco of business each member may be allowed travel ‘‘(B) For fiscal year 2010, $235,000,000. Products Scientific Advisory Committee (in this expenses, including per diem in lieu of subsist- ‘‘(C) For fiscal year 2011, $450,000,000. section referred to as the ‘Advisory Committee’). ence, as authorized by section 5703 of title 5, ‘‘(D) For fiscal year 2012, $477,000,000. ‘‘(b) MEMBERSHIP.— United States Code, for persons in the Govern- ‘‘(1) IN GENERAL.— ment service employed intermittently. ‘‘(E) For fiscal year 2013, $505,000,000. ‘‘(A) MEMBERS.—The Secretary shall appoint ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- ‘‘(F) For fiscal year 2014, $534,000,000. as members of the Tobacco Products Scientific retary shall furnish the Advisory Committee ‘‘(G) For fiscal year 2015, $566,000,000. Advisory Committee individuals who are tech- clerical and other assistance. ‘‘(H) For fiscal year 2016, $599,000,000. nically qualified by training and experience in ‘‘(3) NONAPPLICATION OF FACA.—Section 14 of ‘‘(I) For fiscal year 2017, $635,000,000. medicine, medical ethics, science, or technology the Federal Advisory Committee Act does not ‘‘(J) For fiscal year 2018, $672,000,000. involving the manufacture, evaluation, or use of apply to the Advisory Committee. ‘‘(K) For fiscal year 2019 and each subsequent tobacco products, who are of appropriately di- ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND fiscal year, $712,000,000. versified professional backgrounds. The com- COMMITTEES.—The Advisory Committee shall ‘‘(2) ALLOCATIONS OF ASSESSMENT BY CLASS OF mittee shall be composed of— make and maintain a transcript of any pro- TOBACCO PRODUCTS.— ‘‘(i) 7 individuals who are physicians, den- ceeding of the panel or committee. Each such ‘‘(A) IN GENERAL.—The total user fees assessed tists, scientists, or health care professionals panel and committee shall delete from any tran- and collected under subsection (a) each fiscal practicing in the area of oncology, pulmonology, script made under this subsection information year with respect to each class of tobacco prod- cardiology, toxicology, pharmacology, addic- which is exempt from disclosure under section ucts shall be an amount that is equal to the ap- tion, or any other relevant specialty; 552(b) of title 5, United States Code. plicable percentage of each class for the fiscal ‘‘(ii) 1 individual who is an officer or em- ‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TO- year multiplied by the amount specified in para- ployee of a State or local government or of the BACCO DEPENDENCE. graph (1) for the fiscal year. Federal Government; ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(B) APPLICABLE PERCENTAGE.—

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‘‘(i) IN GENERAL.—For purposes of subpara- product manufacturers and importers required fees under this section for fiscal year 2010, or graph (A), the applicable percentage for a fiscal to pay user fees. The Secretary shall maintain any portion thereof, obligations for costs of to- year for each of the following classes of tobacco all disclosure restrictions established by the bacco regulation activities during the start-up products shall be determined in accordance with head of such agency regarding the information period may be incurred in anticipation of the re- clause (ii): provided under the memorandum of under- ceipt of offsetting fee collections through proce- ‘‘(I) Cigarettes. standing. dures specified in section 1534 of title 31, United ‘‘(II) Cigars, including small cigars and cigars ‘‘(B) ASSURANCES.—Beginning not later than States Code. other than small cigars. fiscal year 2015, and for each subsequent fiscal ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(III) Snuff. year, the Secretary shall ensure that the Food For fiscal year 2009 and each subsequent fiscal ‘‘(IV) Chewing tobacco. and Drug Administration is able to determine year, there is authorized to be appropriated for ‘‘(V) Pipe tobacco. the applicable percentages described in para- fees under this section an amount equal to the ‘‘(VI) Roll-your-own tobacco. graph (2) and the percentage shares described in amount specified in subsection (b)(1) for the fis- ‘‘(ii) ALLOCATIONS.—The applicable percent- paragraph (4). The Secretary may carry out this cal year. age of each class of tobacco product described in subparagraph by entering into a contract with ‘‘(d) COLLECTION OF UNPAID FEES.—In any clause (i) for a fiscal year shall be the percent- the head of the Federal agency referred to in case where the Secretary does not receive pay- age determined under section 625(c) of Public subparagraph (A) to continue to provide the ment of a fee assessed under subsection (a) Law 108–357 for each such class of product for necessary information. within 30 days after it is due, such fee shall be such fiscal year. ‘‘(c) CREDITING AND AVAILABILITY OF FEES.— treated as a claim of the United States Govern- ‘‘(iii) REQUIREMENT OF REGULATIONS.—Not- ‘‘(1) IN GENERAL.—Fees authorized under sub- ment subject to subchapter II of chapter 37 of withstanding clause (ii), no user fees shall be section (a) shall be collected and available for title 31, United States Code. assessed on a class of tobacco products unless obligation only to the extent and in the amount ‘‘(e) APPLICABILITY TO FISCAL YEAR 2009.—If such class of tobacco products is listed in section provided in advance in appropriations Acts, the date of enactment of the Family Smoking 901(b) or is deemed by the Secretary in a regula- subject to paragraph (2)(D). Such fees are au- Prevention and Tobacco Control Act occurs dur- tion under section 901(b) to be subject to this thorized to remain available until expended. ing fiscal year 2009, the following applies, subchapter. Such sums as may be necessary may be trans- ject to subsection (c): ‘‘(iv) REALLOCATIONS.—In the case of a class ferred from the Food and Drug Administration ‘‘(1) The Secretary shall determine the fees of tobacco products that is not listed in section salaries and expenses appropriation account that would apply for a single quarter of such 901(b) or deemed by the Secretary in a regula- without fiscal year limitation to such appropria- fiscal year according to the application of sub- tion under section 901(b) to be subject to this tion account for salaries and expenses with such section (b) to the amount specified in paragraph chapter, the amount of user fees that would oth- fiscal year limitation. (1)(A) of such subsection (referred to in this sub- erwise be assessed to such class of tobacco prod- ‘‘(2) AVAILABILITY.— section as the ‘quarterly fee amounts’). ucts shall be reallocated to the classes of tobacco ‘‘(A) IN GENERAL.—Fees appropriated under ‘‘(2) For the quarter in which such date of en- products that are subject to this chapter in the paragraph (3) are available only for the purpose actment occurs, the amount of fees assessed same manner and based on the same relative of paying the costs of the activities of the Food shall be a pro rata amount, determined accord- percentages otherwise determined under clause and Drug Administration related to the regula- ing to the number of days remaining in the (ii). tion of tobacco products under this chapter and quarter (including such date of enactment) and ‘‘(3) DETERMINATION OF USER FEE BY COM- the Family Smoking Prevention and Tobacco according to the daily equivalent of the quar- PANY.— Control Act (referred to in this subsection as ‘to- terly fee amounts. Fees assessed under the pre- ‘‘(A) IN GENERAL.—The total user fee to be bacco regulation activities’), except that such ceding sentence shall not be collected until the paid by each manufacturer or importer of a par- fees may be used for the reimbursement specified next quarter. ticular class of tobacco products shall be deter- in subparagraph (C). ‘‘(3) For the quarter following the quarter to mined for each quarter by multiplying— ‘‘(B) PROHIBITION AGAINST USE OF OTHER which paragraph (2) applies, the full quarterly ‘‘(i) such manufacturer’s or importer’s per- FUNDS.— fee amounts shall be assessed and collected, in centage share as determined under paragraph ‘‘(i) IN GENERAL.—Except as provided in addition to collection of the pro rata fees as- (4); by clause (ii), fees collected under subsection (a) sessed under paragraph (2).’’. ‘‘(ii) the portion of the user fee amount for the are the only funds authorized to be made avail- (c) CONFORMING AMENDMENT.—Section 9(1) of current quarter to be assessed on all manufac- able for tobacco regulation activities. the Comprehensive Smokeless Tobacco Health turers and importers of such class of tobacco ‘‘(ii) STARTUP COSTS.—Clause (i) does not Education Act of 1986 (15 U.S.C. 4408(i)) is products as determined under paragraph (2). apply until October 1, 2009. Until such date, any amended to read as follows: ‘‘(B) NO FEE IN EXCESS OF PERCENTAGE amounts available to the Food and Drug Admin- ‘‘(1) The term ‘smokeless tobacco’ has the SHARE.—No manufacturer or importer of tobacco istration (excluding user fees) shall be available meaning given such term by section 900(18) of products shall be required to pay a user fee in and allocated as needed to pay the costs of to- the Federal Food, Drug, and Cosmetic Act.’’. excess of the percentage share of such manufac- bacco regulation activities. turer or importer. ‘‘(C) REIMBURSEMENT OF START-UP SEC. 102. FINAL RULE. ‘‘(4) ALLOCATION OF ASSESSMENT WITHIN EACH AMOUNTS.— (a) CIGARETTES AND SMOKELESS TOBACCO.— CLASS OF TOBACCO PRODUCT.—The percentage ‘‘(i) IN GENERAL.—Any amounts allocated for (1) IN GENERAL.—On the first day of publica- share of each manufacturer or importer of a the start-up period pursuant to subparagraph tion of the Federal Register that is 180 days or particular class of tobacco products of the total (B)(ii) shall be reimbursed through any appro- more after the date of enactment of this Act, the user fee to be paid by all manufacturers or im- priated fees collected under subsection (a), in Secretary of Health and Human Services shall porters of that class of tobacco products shall be such manner as the Secretary determines appro- publish in the Federal Register a final rule re- the percentage determined for purposes of allo- priate to ensure that such allocation results in garding cigarettes and smokeless tobacco, cations under subsections (e) through (h) of sec- no net change in the total amount of funds oth- which— tion 625 of Public Law 108–357. erwise available, for the period from October 1, (A) is deemed to be issued under chapter 9 of ‘‘(5) ALLOCATION FOR CIGARS.—Notwith- 2008, through September 30, 2010, for Food and the Federal Food, Drug, and Cosmetic Act, as standing paragraph (4), if a user fee assessment Drug Administration programs and activities added by section 101 of this division; and is imposed on cigars, the percentage share of (other than tobacco regulation activities) for (B) shall be deemed to be in compliance with each manufacturer or importer of cigars shall be such period. all applicable provisions of chapter 5 of title 5, based on the excise taxes paid by such manufac- ‘‘(ii) TREATMENT OF REIMBURSED AMOUNTS.— United States Code, and all other provisions of turer or importer during the prior fiscal year. Amounts reimbursed under clause (i) shall be law relating to rulemaking procedures. ‘‘(6) TIMING OF ASSESSMENT.—The Secretary available for the programs and activities for (2) CONTENTS OF RULE.—Except as provided in shall notify each manufacturer and importer of which funds allocated for the start-up period this subsection, the final rule published under tobacco products subject to this section of the were available, prior to such allocation, until paragraph (1), shall be identical in its provi- amount of the quarterly assessment imposed on September 30, 2010, notwithstanding any other- sions to part 897 of the regulations promulgated such manufacturer or importer under this sub- wise applicable limits on amounts for such pro- by the Secretary of Health and Human Services section for each quarter of each fiscal year. grams or activities for a fiscal year. in the August 28, 1996, issue of the Federal Reg- Such notifications shall occur not later than 30 ‘‘(D) FEE COLLECTED DURING START-UP PE- ister (61 Fed. Reg. 44615–44618). Such rule days prior to the end of the quarter for which RIOD.—Notwithstanding the first sentence of shall— such assessment is made, and payments of all paragraph (1), fees under subsection (a) may be (A) provide for the designation of jurisdic- assessments shall be made by the last day of the collected through September 30, 2009 under sub- tional authority that is in accordance with this quarter involved. paragraph (B)(ii) and shall be available for obli- subsection in accordance with this division and ‘‘(7) MEMORANDUM OF UNDERSTANDING.— gation and remain available until expended. the amendments made by this division; ‘‘(A) IN GENERAL.—The Secretary shall request Such offsetting collections shall be credited to (B) strike Subpart C—Labels and section the appropriate Federal agency to enter into a the salaries and expenses account of the Food 897.32(c); memorandum of understanding that provides for and Drug Administration. (C) strike paragraphs (a), (b), and (i) of sec- the regular and timely transfer from the head of ‘‘(E) OBLIGATION OF START-UP COSTS IN AN- tion 897.3 and insert definitions of the terms such agency to the Secretary of the information TICIPATION OF AVAILABLE FEE COLLECTIONS.— ‘‘cigarette’’, ‘‘cigarette tobacco’’, and ‘‘smoke- described in paragraphs (2)(B)(ii) and (4) and Notwithstanding any other provision of law, fol- less tobacco’’ as defined in section 900 of the all necessary information regarding all tobacco lowing the enactment of an appropriation for Federal Food, Drug, and Cosmetic Act;

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.017 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6516 CONGRESSIONAL RECORD — SENATE June 11, 2009 (D) insert ‘‘or roll-your-own paper’’ in section ‘‘(3) Notwithstanding subparagraph (2), no SEC. 103. CONFORMING AND OTHER AMEND- 897.34(a) after ‘‘other than cigarettes or smoke- manufacturer, distributor, or retailer may dis- MENTS TO GENERAL PROVISIONS. less tobacco’’; tribute or cause to be distributed any free sam- (a) AMENDMENT OF FEDERAL FOOD, DRUG, (E) include such modifications to section ples of smokeless tobacco— AND COSMETIC ACT.—Except as otherwise ex- 897.30(b), if any, that the Secretary determines ‘‘(A) to a sports team or entertainment group; pressly provided, whenever in this section an are appropriate in light of governing First or amendment is expressed in terms of an amend- Amendment case law, including the decision of ‘‘(B) at any football, basketball, baseball, soc- ment to, or repeal of, a section or other provi- the Supreme Court of the United States in cer, or hockey event or any other sporting or en- sion, the reference is to a section or other provi- Lorillard Tobacco Co. v. Reilly (533 U.S. 525 tertainment event determined by the Secretary sion of the Federal Food, Drug, and Cosmetic (2001)); to be covered by this subparagraph. Act (21 U.S.C. 301 et seq.). (F) become effective on the date that is 1 year ‘‘(4) The Secretary shall implement a program (b) SECTION 301.—Section 301 (21 U.S.C. 331) is after the date of enactment of this Act; and to ensure compliance with this paragraph and amended— (G) amend paragraph (d) of section 897.16 to submit a report to the Congress on such compli- (1) in subsection (a), by inserting ‘‘tobacco read as follows: ance not later than 18 months after the date of product,’’ after ‘‘device,’’; ‘‘(d)(1) Except as provided in subparagraph enactment of the Family Smoking Prevention (2) in subsection (b), by inserting ‘‘tobacco (2), no manufacturer, distributor, or retailer and Tobacco Control Act. product,’’ after ‘‘device,’’; may distribute or cause to be distributed any ‘‘(5) Nothing in this paragraph shall be con- (3) in subsection (c), by inserting ‘‘tobacco free samples of cigarettes, smokeless tobacco, or strued to authorize any person to distribute or product,’’ after ‘‘device,’’; other tobacco products (as such term is defined cause to be distributed any sample of a tobacco (4) in subsection (e)— in section 201 of the Federal Food, Drug, and product to any individual who has not attained (A) by striking the period after ‘‘572(i)’’; and Cosmetic Act). the minimum age established by applicable law (B) by striking ‘‘or 761 or the refusal to permit ‘‘(2)(A) Subparagraph (1) does not prohibit a for the purchase of such product.’’. access to’’ and inserting ‘‘761, 909, or 920 or the manufacturer, distributor, or retailer from dis- (3) AMENDMENTS TO RULE.—Prior to making refusal to permit access to’’; tributing or causing to be distributed free sam- amendments to the rule published under para- (5) in subsection (g), by inserting ‘‘tobacco ples of smokeless tobacco in a qualified adult- graph (1), the Secretary shall promulgate a pro- product,’’ after ‘‘device,’’; only facility. posed rule in accordance with chapter 5 of title (6) in subsection (h), by inserting ‘‘tobacco ‘‘(B) This subparagraph does not affect the 5, United States Code. product,’’ after ‘‘device,’’; authority of a State or local government to pro- (4) RULE OF CONSTRUCTION.—Except as pro- (7) in subsection (j)— hibit or otherwise restrict the distribution of free vided in paragraph (3), nothing in this section (A) by striking the period after ‘‘573’’; and samples of smokeless tobacco. shall be construed to limit the authority of the (B) by striking ‘‘708, or 721’’ and inserting ‘‘(C) For purposes of this paragraph, the term Secretary to amend, in accordance with chapter ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; ‘qualified adult-only facility’ means a facility or 5 of title 5, United States Code, the regulation (8) in subsection (k), by inserting ‘‘tobacco restricted area that— promulgated pursuant to this section, including product,’’ after ‘‘device,’’; ‘‘(i) requires each person present to provide to the provisions of such regulation relating to dis- (9) by striking subsection (p) and inserting the a law enforcement officer (whether on or off tribution of free samples. following: duty) or to a security guard licensed by a gov- (5) ENFORCEMENT OF RETAIL SALE PROVI- ‘‘(p) The failure to register in accordance with ernmental entity government-issued identifica- SIONS.—The Secretary of Health and Human section 510 or 905, the failure to provide any in- tion showing a photograph and at least the min- Services shall ensure that the provisions of this formation required by section 510(j), 510(k), imum age established by applicable law for the division, the amendments made by this division, 905(i), or 905(j), or the failure to provide a notice purchase of smokeless tobacco; and the implementing regulations (including required by section 510(j)(2) or 905(i)(3).’’; ‘‘(ii) does not sell, serve, or distribute alcohol; such provisions, amendments, and regulations (10) by striking subsection (q)(1) and inserting ‘‘(iii) is not located adjacent to or immediately relating to the retail sale of tobacco products) the following: across from (in any direction) a space that is are enforced with respect to the United States ‘‘(q)(1) The failure or refusal— used primarily for youth-oriented marketing, and Indian tribes. ‘‘(A) to comply with any requirement pre- promotional, or other activities; (6) QUALIFIED ADULT-ONLY FACILITY.—A scribed under section 518, 520(g), 903(b), 907, 908, ‘‘(iv) is a temporary structure constructed, qualified adult-only facility (as such term is de- or 915; designated, and operated as a distinct enclosed fined in section 897.16(d) of the final rule pub- ‘‘(B) to furnish any notification or other ma- area for the purpose of distributing free samples lished under paragraph (1)) that is also a re- terial or information required by or under sec- of smokeless tobacco in accordance with this tailer and that commits a violation as a retailer tion 519, 520(g), 904, 909, or 920; or subparagraph; shall not be subject to the limitations in section ‘‘(C) to comply with a requirement under sec- ‘‘(v) is enclosed by a barrier that— 103(q) and shall be subject to penalties application 522 or 913.’’; ‘‘(I) is constructed of, or covered with, an ble to a qualified adult-only facility. (11) in subsection (q)(2), by striking ‘‘device,’’ opaque material (except for entrances and (7) CONGRESSIONAL REVIEW PROVISIONS.—Sec- and inserting ‘‘device or tobacco product,’’; exits); tion 801 of title 5, United States Code, shall not (12) in subsection (r), by inserting ‘‘or tobacco ‘‘(II) extends from no more than 12 inches apply to the final rule published under para- product’’ after the term ‘‘device’’ each time that above the ground or floor (which area at the graph (1). such term appears; and bottom of the barrier must be covered with mate- (b) LIMITATION ON ADVISORY OPINIONS.—As of (13) by adding at the end the following: rial that restricts visibility but may allow air- the date of enactment of this Act, the following ‘‘(oo) The sale of tobacco products in violation flow) to at least 8 feet above the ground or floor documents issued by the Food and Drug Admin- of a no-tobacco-sale order issued under section (or to the ceiling); and istration shall not constitute advisory opinions 303(f). ‘‘(III) prevents persons outside the qualified under section 10.85(d)(1) of title 21, Code of Fed- ‘‘(pp) The introduction or delivery for intro- adult-only facility from seeing into the qualified eral Regulations, except as they apply to to- duction into interstate commerce of a tobacco adult-only facility, unless they make unreason- bacco products, and shall not be cited by the product in violation of section 911. able efforts to do so; and Secretary of Health and Human Services or the ‘‘(qq)(1) Forging, counterfeiting, simulating, ‘‘(vi) does not display on its exterior— Food and Drug Administration as binding or falsely representing, or without proper au- ‘‘(I) any tobacco product advertising; precedent: thority using any mark, stamp (including tax ‘‘(II) a brand name other than in conjunction (1) The preamble to the proposed rule in the stamp), tag, label, or other identification device with words for an area or enclosure to identify document titled ‘‘Regulations Restricting the upon any tobacco product or container or label- an adult-only facility; or Sale and Distribution of Cigarettes and Smoke- ing thereof so as to render such tobacco product ‘‘(III) any combination of words that would less Tobacco Products to Protect Children and a counterfeit tobacco product. imply to a reasonable observer that the manu- Adolescents’’ (60 Fed. Reg. 41314–41372 (August ‘‘(2) Making, selling, disposing of, or keeping facturer, distributor, or retailer has a sponsor- 11, 1995)). in possession, control, or custody, or concealing ship that would violate section 897.34(c). (2) The document titled ‘‘Nicotine in Ciga- any punch, die, plate, stone, or other item that ‘‘(D) Distribution of samples of smokeless to- rettes and Smokeless Tobacco Products is a is designed to print, imprint, or reproduce the bacco under this subparagraph permitted to be Drug and These Products Are Nicotine Delivery trademark, trade name, or other identifying taken out of the qualified adult-only facility Devices Under the Federal Food, Drug, and mark, imprint, or device of another or any like- shall be limited to 1 package per adult consumer Cosmetic Act’’ (60 Fed. Reg. 41453–41787 (August ness of any of the foregoing upon any tobacco containing no more than 0.53 ounces (15 grams) 11, 1995)). product or container or labeling thereof so as to of smokeless tobacco. If such package of smoke- (3) The preamble to the final rule in the docu- render such tobacco product a counterfeit to- less tobacco contains individual portions of ment titled ‘‘Regulations Restricting the Sale bacco product. smokeless tobacco, the individual portions of and Distribution of Cigarettes and Smokeless ‘‘(3) The doing of any act that causes a to- smokeless tobacco shall not exceed 8 individual Tobacco to Protect Children and Adolescents’’ bacco product to be a counterfeit tobacco prod- portions and the collective weight of such indi- (61 Fed. Reg. 44396–44615 (August 28, 1996)). uct, or the sale or dispensing, or the holding for vidual portions shall not exceed 0.53 ounces (15 (4) The document titled ‘‘Nicotine in Ciga- sale or dispensing, of a counterfeit tobacco prod- grams). Any manufacturer, distributor, or re- rettes and Smokeless Tobacco is a Drug and uct. tailer who distributes or causes to be distributed These Products are Nicotine Delivery Devices ‘‘(rr) The charitable distribution of tobacco free samples also shall take reasonable steps to Under the Federal Food, Drug, and Cosmetic products. ensure that the above amounts are limited to Act; Jurisdictional Determination’’ (61 Fed. Reg. ‘‘(ss) The failure of a manufacturer or dis- one such package per adult consumer per day. 44619–45318 (August 28, 1996)). tributor to notify the Attorney General and the

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Secretary of the Treasury of their knowledge of ‘‘(B) ENHANCED PENALTIES.— (A) by striking ‘‘devices, or cosmetics’’ each tobacco products used in illicit trade. ‘‘(i) Any person who intentionally violates a place it appears and inserting ‘‘devices, tobacco ‘‘(tt) Making any express or implied statement requirement of section 902(5), 902(6), 904, 908(c), products, or cosmetics’’; or representation directed to consumers with re- or 911(a), shall be subject to a civil monetary (B) by striking ‘‘or restricted devices’’ each spect to a tobacco product, in a label or labeling penalty of— place it appears and inserting ‘‘restricted de- or through the media or advertising, that either ‘‘(I) not to exceed $250,000 per violation, and vices, or tobacco products’’; and conveys, or misleads or would mislead con- not to exceed $1,000,000 for all such violations (C) by striking ‘‘and devices and subject to’’ sumers into believing, that— adjudicated in a single proceeding; or and all that follows through ‘‘other drugs or de- ‘‘(1) the product is approved by the Food and ‘‘(II) in the case of a violation that continues vices’’ and inserting ‘‘devices, and tobacco prod- Drug Administration; after the Secretary provides written notice to ucts and subject to reporting and inspection ‘‘(2) the Food and Drug Administration deems such person, $250,000 for the first 30-day period under regulations lawfully issued pursuant to the product to be safe for use by consumers; (or any portion thereof) that the person con- section 505 (i) or (k), section 519, section 520(g), ‘‘(3) the product is endorsed by the Food and tinues to be in violation, and such amount shall or chapter IX and data relating to other drugs, Drug Administration for use by consumers; or double for every 30-day period thereafter that devices, or tobacco products’’; ‘‘(4) the product is safe or less harmful by vir- the violation continues, not to exceed $1,000,000 (2) in subsection (b), by inserting ‘‘tobacco tue of— for any 30-day period, and not to exceed product,’’ after ‘‘device,’’; and ‘‘(A) its regulation or inspection by the Food $10,000,000 for all such violations adjudicated in (3) in subsection (g)(13), by striking ‘‘section and Drug Administration; or a single proceeding. 903(g)’’ and inserting ‘‘section 1003(g)’’. ‘‘(B) its compliance with regulatory require- ‘‘(ii) Any person who violates a requirement of (j) SECTION 705.—Section 705(b) (21 U.S.C. ments set by the Food and Drug Administration; section 911(g)(2)(C)(ii) or 911(i)(1), shall be sub- 375(b)) is amended by inserting ‘‘tobacco prod- including any such statement or representation ject to a civil monetary penalty of— ucts,’’ after ‘‘devices,’’. rendering the product misbranded under section ‘‘(I) not to exceed $250,000 per violation, and (k) SECTION 709.—Section 709 (21 U.S.C. 379a) 903.’’. not to exceed $1,000,000 for all such violations is amended by inserting ‘‘tobacco product,’’ (c) SECTION 303.—Section 303(f) (21 U.S.C. adjudicated in a single proceeding; or after ‘‘device,’’. 333(f)) is amended— ‘‘(II) in the case of a violation that continues (l) SECTION 801.—Section 801 (21 U.S.C. 381) is (1) in paragraph (5)— after the Secretary provides written notice to amended— (A) by striking ‘‘paragraph (1), (2), (3), or (4)’’ such person, $250,000 for the first 30-day period (1) in subsection (a)— each place such appears and inserting ‘‘para- (or any portion thereof) that the person con- (A) by inserting ‘‘tobacco products,’’ after the graph (1), (2), (3), (4), or (9)’’; tinues to be in violation, and such amount shall term ‘‘devices,’’; (B) in subparagraph (A)— double for every 30-day period thereafter that (B) by inserting ‘‘or section 905(h)’’ after ‘‘sec- (i) by striking ‘‘assessed’’ the first time it ap- the violation continues, not to exceed $1,000,000 tion 510’’; and pears and inserting ‘‘assessed, or a no-tobacco- for any 30-day period, and not to exceed (C) by striking the term ‘‘drugs or devices’’ sale order may be imposed,’’; and $10,000,000 for all such violations adjudicated in each time such term appears and inserting (ii) by striking ‘‘penalty’’ the second time it a single proceeding. ‘‘drugs, devices, or tobacco products’’; appears and inserting ‘‘penalty, or upon whom ‘‘(iii) In determining the amount of a civil (2) in subsection (e)(1)— a no-tobacco-sale order is to be imposed,’’; penalty under clause (i)(II) or (ii)(II), the Sec- (A) by inserting ‘‘tobacco product’’ after (C) in subparagraph (B)— retary shall take into consideration whether the ‘‘drug, device,’’; and (i) by inserting after ‘‘penalty,’’ the following: person is making efforts toward correcting the (B) by inserting ‘‘, and a tobacco product in- ‘‘or the period to be covered by a no-tobacco- violation of the requirements of the section for tended for export shall not be deemed to be in sale order,’’; and which such person is subject to such civil pen- violation of section 906(e), 907, 911, or 920(a),’’ (ii) by adding at the end the following: ‘‘A no- alty.’’. before ‘‘if it—’’; and tobacco-sale order permanently prohibiting an (d) SECTION 304.—Section 304 (21 U.S.C. 334) is (3) by adding at the end the following: individual retail outlet from selling tobacco amended— ‘‘(p)(1) Not later than 36 months after the date products shall include provisions that allow the (1) in subsection (a)(2)— of enactment of the Family Smoking Prevention outlet, after a specified period of time, to request (A) by striking ‘‘and’’ before ‘‘(D)’’; and and Tobacco Control Act, and annually there- that the Secretary compromise, modify, or termi- (B) by striking ‘‘device.’’ and inserting the after, the Secretary shall submit to the Com- nate the order.’’; and following: ‘‘device, and (E) Any adulterated or mittee on Health, Education, Labor, and Pen- (D) by adding at the end the following: misbranded tobacco product.’’; sions of the Senate and the Committee on En- ‘‘(D) The Secretary may compromise, modify, (2) in subsection (d)(1), by inserting ‘‘tobacco ergy and Commerce of the House of Representa- or terminate, with or without conditions, any product,’’ after ‘‘device,’’; tives, a report regarding— no-tobacco-sale order.’’; (3) in subsection (g)(1), by inserting ‘‘or to- ‘‘(A) the nature, extent, and destination of (2) in paragraph (6)— bacco product’’ after the term ‘‘device’’ each United States tobacco product exports that do (A) by inserting ‘‘or the imposition of a no-to- place such term appears; and not conform to tobacco product standards estab- bacco-sale order’’ after the term ‘‘penalty’’ each (4) in subsection (g)(2)(A), by inserting ‘‘or to- lished pursuant to this Act; place such term appears; and bacco product’’ after ‘‘device’’. ‘‘(B) the public health implications of such ex- (B) by striking ‘‘issued.’’ and inserting (e) SECTION 505.—Section 505(n)(2) (21 U.S.C. ports, including any evidence of a negative pub- ‘‘issued, or on which the no-tobacco-sale order 355(n)(2)) is amended by striking ‘‘section 904’’ lic health impact; and was imposed, as the case may be.’’; and and inserting ‘‘section 1004’’. ‘‘(C) recommendations or assessments of policy (3) by adding at the end the following: (f) SECTION 523.—Section 523(b)(2)(D) (21 alternatives available to Congress and the exec- ‘‘(8) If the Secretary finds that a person has U.S.C. 360m(b)(2)(D)) is amended by striking utive branch to reduce any negative public committed repeated violations of restrictions ‘‘section 903(g)’’ and inserting ‘‘section 1003(g)’’. health impact caused by such exports. promulgated under section 906(d) at a particular (g) SECTION 702.—Section 702(a)(1) (U.S.C. ‘‘(2) The Secretary is authorized to establish retail outlet then the Secretary may impose a 372(a)(1)) is amended— appropriate information disclosure requirements no-tobacco-sale order on that person prohibiting (1) by striking ‘‘(a)(1)’’ and inserting to carry out this subsection.’’. the sale of tobacco products in that outlet. A no- ‘‘(a)(1)(A)’’; and (m) SECTION 1003.—Section 1003(d)(2)(C) (as tobacco-sale order may be imposed with a civil (2) by adding at the end the following: redesignated by section 101(b)) is amended— penalty under paragraph (1). Prior to the entry ‘‘(B)(i) For a tobacco product, to the extent (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; and of a no-sale order under this paragraph, a per- feasible, the Secretary shall contract with the (2) inserting ‘‘, and tobacco products’’ after son shall be entitled to a hearing pursuant to States in accordance with this paragraph to ‘‘devices’’. the procedures established through regulations carry out inspections of retailers within that (n) SECTION 1009.—Section 1009(b) (as redesig- of the Food and Drug Administration for assess- State in connection with the enforcement of this nated by section 101(b)) is amended by striking ing civil money penalties, including at a retail- Act. ‘‘section 908’’ and inserting ‘‘section 1008’’. er’s request a hearing by telephone, or at the ‘‘(ii) The Secretary shall not enter into any (o) SECTION 409 OF THE FEDERAL MEAT IN- nearest regional or field office of the Food and contract under clause (i) with the government of SPECTION ACT.—Section 409(a) of the Federal Drug Administration, or at a Federal, State, or any of the several States to exercise enforcement Meat Inspection Act (21 U.S.C. 679(a)) is amend- county facility within 100 miles from the loca- authority under this Act on Indian country ed by striking ‘‘section 902(b)’’ and inserting tion of the retail outlet, if such a facility is without the express written consent of the In- ‘‘section 1002(b)’’. available. dian tribe involved.’’. (p) RULE OF CONSTRUCTION.—Nothing in this ‘‘(9) CIVIL MONETARY PENALTIES FOR VIOLA- (h) SECTION 703.—Section 703 (21 U.S.C. 373) is section is intended or shall be construed to ex- TION OF TOBACCO PRODUCT REQUIREMENTS.— amended— pand, contract, or otherwise modify or amend ‘‘(A) IN GENERAL.—Subject to subparagraph (1) by inserting ‘‘tobacco product,’’ after the the existing limitations on State government au- (B), any person who violates a requirement of term ‘‘device,’’ each place such term appears; thority over tribal restricted fee or trust lands. this Act which relates to tobacco products shall and (q) GUIDANCE AND EFFECTIVE DATES.— be liable to the United States for a civil penalty (2) by inserting ‘‘tobacco products,’’ after the (1) IN GENERAL.—The Secretary of Health and in an amount not to exceed $15,000 for each term ‘‘devices,’’ each place such term appears. Human Services shall issue guidance— such violation, and not to exceed $1,000,000 for (i) SECTION 704.—Section 704 (21 U.S.C. 374) is (A) defining the term ‘‘repeated violation’’, as all such violations adjudicated in a single pro- amended— used in section 303(f)(8) of the Federal Food, ceeding. (1) in subsection (a)(1)— Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) as

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.018 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6518 CONGRESSIONAL RECORD — SENATE June 11, 2009 amended by subsection (c), as including at least (IV) in the case of a fourth violation within a tion with public health organizations and other 5 violations of particular requirements over a 36- 24-month period, $2,000; stakeholders with demonstrated expertise and month period at a particular retail outlet that (V) in the case of a fifth violation within a 36- experience in serving minority communities. constitute a repeated violation and providing month period, $5,000; and (3) PRIORITY.—The action plan required by for civil penalties in accordance with paragraph (VI) in the case of a sixth or subsequent viola- paragraph (1) shall include provisions designed (2); tion within a 48-month period, $10,000 as deter- to ensure enforcement of the restrictions de- (B) providing for timely and effective notice mined by the Secretary on a case-by-case basis. scribed in paragraph (1) in minority commu- by certified or registered mail or personal deliv- (B) TRAINING PROGRAM.—For purposes of sub- nities. ery to the retailer of each alleged violation at a paragraph (A), the term ‘‘approved training (b) STATE AND LOCAL ACTIVITIES.— particular retail outlet prior to conducting a fol- program’’ means a training program that com- (1) INFORMATION ON AUTHORITY.—Not later lowup compliance check, such notice to be sent plies with standards developed by the Food and than 3 months after the date of enactment of to the location specified on the retailer’s reg- Drug Administration for such programs. this Act, the Secretary shall inform State, local, istration or to the retailer’s registered agent if (C) CONSIDERATION OF STATE PENALTIES.—The and tribal governments of the authority pro- the retailer has provider such agent information Secretary shall coordinate with the States in en- vided to such entities under section 5(c) of the to the Food and Drug Administration prior to forcing the provisions of this Act and, for pur- Federal Cigarette Labeling and Advertising Act, the violation; poses of mitigating a civil penalty to be applied as added by section 203 of this division, or pre- (C) providing for a hearing pursuant to the for a violation by a retailer of any restriction served by such entities under section 916 of the procedures established through regulations of promulgated under section 906(d), shall consider Federal Food, Drug, and Cosmetic Act, as added the Food and Drug Administration for assessing the amount of any penalties paid by the retailer by section 101(b) of this division. civil money penalties, including at a retailer’s to a State for the same violation. (2) COMMUNITY ASSISTANCE.—At the request of request a hearing by telephone or at the nearest (3) GENERAL EFFECTIVE DATE.—The amend- communities seeking assistance to prevent un- regional or field office of the Food and Drug ments made by paragraphs (2), (3), and (4) of derage tobacco use, the Secretary shall provide Administration, and providing for an expedited subsection (c) shall take effect upon the such assistance, including assistance with strat- procedure for the administrative appeal of an issuance of guidance described in paragraph (1) egies to address the prevention of underage to- alleged violation; of this subsection. bacco use in communities with a dispropor- (D) providing that a person may not be (4) SPECIAL EFFECTIVE DATE.—The amendment tionate use of menthol cigarettes by minors. charged with a violation at a particular retail made by subsection (c)(1) shall take effect on SEC. 106. STUDIES OF PROGRESS AND EFFEC- outlet unless the Secretary has provided notice the date of enactment of this Act. TIVENESS. to the retailer of all previous violations at that (5) PACKAGE LABEL REQUIREMENTS.—The (a) FDA REPORT.—Not later than 3 years outlet; package label requirements of paragraphs (3) after the date of enactment of this Act, and not (E) establishing that civil money penalties for and (4) of section 903(a) of the Federal Food, less than every 2 years thereafter, the Secretary multiple violations shall increase from one viola- Drug, and Cosmetic Act (as amended by this di- of Health and Human Services shall submit to tion to the next violation pursuant to paragraph vision) shall take effect on the date that is 12 the Committee on Health, Education, Labor, (2) within the time periods provided for in such months after the date of enactment of this Act. and Pensions of the Senate and the Committee paragraph; The package label requirements of paragraph (2) on Energy and Commerce of the House of Rep- (F) providing that good faith reliance on the of such section 903(a) for cigarettes shall take resentatives, a report concerning— presentation of a false government-issued photo- effect on the date that is 15 months after the (1) the progress of the Food and Drug Admin- graphic identification that contains a date of issuance of the regulations required by section istration in implementing this division, includ- birth does not constitute a violation of any min- 4(d) of the Federal Cigarette Labeling and Ad- ing major accomplishments, objective measure- imum age requirement for the sale of tobacco vertising Act (15 U.S.C. 1333), as amended by ments of progress, and the identification of any products if the retailer has taken effective steps section 201 of this division. The package label areas that have not been fully implemented; to prevent such violations, including— requirements of paragraph (2) of such section (2) impediments identified by the Food and (i) adopting and enforcing a written policy 903(a) for tobacco products other than cigarettes Drug Administration to progress in imple- against sales to minors; shall take effect on the date that is 12 months menting this division and to meeting statutory (ii) informing its employees of all applicable after the date of enactment of this Act. The ef- timeframes; laws; fective date shall be with respect to the date of (3) data on the number of new product appli- (iii) establishing disciplinary sanctions for em- manufacture, provided that, in any case, begin- cations received under section 910 of the Federal ployee noncompliance; and ning 30 days after such effective date, a manu- Food, Drug, and Cosmetic Act and modified risk (iv) requiring its employees to verify age by facturer shall not introduce into the domestic product applications received under section 911 way of photographic identification or electronic commerce of the United States any product, irre- of such Act, and the number of applications scanning device; and spective of the date of manufacture, that is not acted on under each category; and (G) providing for the Secretary, in deter- in conformance with section 903(a) (2), (3), and (4) data on the number of full time equivalents mining whether to impose a no-tobacco-sale (4) and section 920(a) of the Federal Food, engaged in implementing this division. order and in determining whether to com- Drug, and Cosmetic Act. (b) GAO REPORT.—Not later than 5 years promise, modify, or terminate such an order, to (6) ADVERTISING REQUIREMENTS.—The adver- after the date of enactment of this Act, the consider whether the retailer has taken effective tising requirements of section 903(a)(8) of the Comptroller General of the United States shall steps to prevent violations of the minimum age Federal Food, Drug, and Cosmetic Act (as conduct a study of, and submit to the Commit- requirements for the sale of tobacco products, amended by this division) shall take effect on tees described in subsection (a) a report con- including the steps listed in subparagraph (F). the date that is 12 months after the date of en- cerning— (2) PENALTIES FOR VIOLATIONS.— actment of this Act. (A) IN GENERAL.—The amount of the civil pen- (1) the adequacy of the authority and re- alty to be applied for violations of restrictions SEC. 104. STUDY ON RAISING THE MINIMUM AGE sources provided to the Secretary of Health and TO PURCHASE TOBACCO PRODUCTS. promulgated under section 906(d), as described Human Services for this division to carry out its The Secretary of Health and Human Services in paragraph (1), shall be as follows: goals and purposes; and shall— (i) With respect to a retailer with an approved (2) any recommendations for strengthening (1) convene an expert panel to conduct a training program, the amount of the civil pen- that authority to more effectively protect the study on the public health implications of rais- alty shall not exceed— public health with respect to the manufacture, (I) in the case of the first violation, $0.00 to- ing the minimum age to purchase tobacco prod- marketing, and distribution of tobacco products. gether with the issuance of a warning letter to ucts; and (c) PUBLIC AVAILABILITY.—The Secretary of (2) not later than 5 years after the date of en- the retailer; Health and Human Services and the Comptroller (II) in the case of a second violation within a actment of this Act, submit a report to the Con- General of the United States, respectively, shall 12-month period, $250; gress on the results of such study. make the reports required under subsection (a) (III) in the case of a third violation within a SEC. 105. ENFORCEMENT ACTION PLAN FOR AD- and (b) available to the public, including by 24-month period, $500; VERTISING AND PROMOTION RE- posting such reports on the respective Internet (IV) in the case of a fourth violation within a STRICTIONS. websites of the Food and Drug Administration 24-month period, $2,000; (a) ACTION PLAN.— and the Government Accountability Office. (1) DEVELOPMENT.—Not later than 6 months (V) in the case of a fifth violation within a 36- TITLE II—TOBACCO PRODUCT WARNINGS; month period, $5,000; and after the date of enactment of this Act, the Sec- retary of Health and Human Services (in this CONSTITUENT AND SMOKE CON- (VI) in the case of a sixth or subsequent viola- STITUENT DISCLOSURE tion within a 48-month period, $10,000 as deter- section referred to as the ‘‘Secretary’’) shall de- mined by the Secretary on a case-by-case basis. velop and publish an action plan to enforce re- SEC. 201. CIGARETTE LABEL AND ADVERTISING (ii) With respect to a retailer that does not strictions adopted pursuant to section 906 of the WARNINGS. have an approved training program, the amount Federal Food, Drug, and Cosmetic Act, as added (a) AMENDMENT.—Section 4 of the Federal of the civil penalty shall not exceed— by section 101(b) of this division, or pursuant to Cigarette Labeling and Advertising Act (15 (I) in the case of the first violation, $250; section 102(a) of this division, on promotion and U.S.C. 1333) is amended to read as follows: (II) in the case of a second violation within a advertising of menthol and other cigarettes to ‘‘SEC. 4. LABELING. 12-month period, $500; youth. ‘‘(a) LABEL REQUIREMENTS.— (III) in the case of a third violation within a (2) CONSULTATION.—The action plan required ‘‘(1) IN GENERAL.—It shall be unlawful for 24-month period, $1,000; by paragraph (1) shall be developed in consulta- any person to manufacture, package, sell, offer

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.018 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6519 to sell, distribute, or import for sale or distribu- color as the letters of the statements and that is tered by the retailer in a way that is material to tion within the United States any cigarettes the the width of the first downstroke of the capital the requirements of this subsection and sub- package of which fails to bear, in accordance ‘W’ of the word ‘WARNING’ in the label state- section (b). with the requirements of this section, one of the ments. The text of such label statements shall be ‘‘(d) GRAPHIC LABEL STATEMENTS.—Not later following labels: in a typeface pro rata to the following require- than 24 months after the date of enactment of ‘‘WARNING: Cigarettes are addictive. ments: 45-point type for a whole-page the Family Smoking Prevention and Tobacco ‘‘WARNING: Tobacco smoke can harm your broadsheet newspaper advertisement; 39-point Control Act, the Secretary shall issue regula- children. type for a half-page broadsheet newspaper ad- tions that require color graphics depicting the ‘‘WARNING: Cigarettes cause fatal lung dis- vertisement; 39-point type for a whole-page tab- negative health consequences of smoking to ac- ease. loid newspaper advertisement; 27-point type for company the label statements specified in sub- ‘‘WARNING: Cigarettes cause cancer. a half-page tabloid newspaper advertisement; section (a)(1). The Secretary may adjust the ‘‘WARNING: Cigarettes cause strokes and 31.5-point type for a double page spread maga- type size, text and format of the label statements heart disease. zine or whole-page magazine advertisement; specified in subsections (a)(2) and (b)(2) as the ‘‘WARNING: Smoking during pregnancy can 22.5-point type for a 28 centimeter by 3 column Secretary determines appropriate so that both harm your baby. advertisement; and 15-point type for a 20 centi- the graphics and the accompanying label state- ‘‘WARNING: Smoking can kill you. meter by 2 column advertisement. The label ments are clear, conspicuous, legible and appear ‘‘WARNING: Tobacco smoke causes fatal lung statements shall be in English, except that— within the specified area.’’. disease in nonsmokers. ‘‘(A) in the case of an advertisement that ap- (b) EFFECTIVE DATE.—The amendment made ‘‘WARNING: Quitting smoking now greatly pears in a newspaper, magazine, periodical, or by subsection (a) shall take effect 15 months reduces serious risks to your health. other publication that is not in English, the after the issuance of the regulations required by ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each statements shall appear in the predominant lan- subsection (a). Such effective date shall be with label statement required by paragraph (1) shall guage of the publication; and respect to the date of manufacture, provided be located in the upper portion of the front and ‘‘(B) in the case of any other advertisement that, in any case, beginning 30 days after such rear panels of the package, directly on the pack- that is not in English, the statements shall ap- effective date, a manufacturer shall not intro- age underneath the cellophane or other clear pear in the same language as that principally duce into the domestic commerce of the United wrapping. Each label statement shall comprise used in the advertisement. States any product, irrespective of the date of the top 50 percent of the front and rear panels ‘‘(3) MATCHBOOKS.—Notwithstanding para- manufacture, that is not in conformance with of the package. The word ‘WARNING’ shall ap- graph (2), for matchbooks (defined as con- section 4 of the Federal Cigarette Labeling and pear in capital letters and all text shall be in taining not more than 20 matches) customarily Advertising Act (15 U.S.C. 1333), as amended by conspicuous and legible 17-point type, unless given away with the purchase of tobacco prod- subsection (a). the text of the label statement would occupy ucts, each label statement required by sub- SEC. 202. AUTHORITY TO REVISE CIGARETTE more than 70 percent of such area, in which section (a) may be printed on the inside cover of WARNING LABEL STATEMENTS. case the text may be in a smaller conspicuous the matchbook. (a) PREEMPTION.—Section 5(a) of the Federal and legible type size, provided that at least 60 ‘‘(4) ADJUSTMENT BY SECRETARY.—The Sec- Cigarette Labeling and Advertising Act (15 percent of such area is occupied by required retary may, through a rulemaking under section U.S.C. 1334(a)) is amended by striking ‘‘No’’ and text. The text shall be black on a white back- 553 of title 5, United States Code, adjust the for- inserting ‘‘Except to the extent the Secretary re- ground, or white on a black background, in a mat and type sizes for the label statements requires additional or different statements on any manner that contrasts, by typography, layout, quired by this section; the text, format, and type cigarette package by a regulation, by an order, or color, with all other printed material on the sizes of any required tar, nicotine yield, or other by a standard, by an authorization to market a package, in an alternating fashion under the constituent (including smoke constituent) disclo- product, or by a condition of marketing a prod- plan submitted under subsection (c). sures; or the text, format, and type sizes for any uct, pursuant to the Family Smoking Prevention ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- other disclosures required under the Federal and Tobacco Control Act (and the amendments TION.—The provisions of this subsection do not Food, Drug, and Cosmetic Act. The text of any made by that Act), or as required under section apply to a tobacco product manufacturer or dis- such label statements or disclosures shall be re- 903(a)(2) or section 920(a) of the Federal Food, tributor of cigarettes which does not manufac- quired to appear only within the 20 percent area Drug, and Cosmetic Act, no’’. ture, package, or import cigarettes for sale or of cigarette advertisements provided by para- (b) CHANGE IN REQUIRED STATEMENTS.—Sec- distribution within the United States. graph (2). The Secretary shall promulgate regu- tion 4 of the Federal Cigarette Labeling and Ad- ‘‘(4) APPLICABILITY TO RETAILERS.—A retailer lations which provide for adjustments in the for- vertising Act (15 U.S.C. 1333), as amended by of cigarettes shall not be in violation of this sub- mat and type sizes of any text required to ap- section 201, is further amended by adding at the section for packaging that— pear in such area to ensure that the total text end the following: ‘‘(A) contains a warning label; required to appear by law will fit within such ‘‘(d) CHANGE IN REQUIRED STATEMENTS.—The ‘‘(B) is supplied to the retailer by a license- or area. Secretary through a rulemaking conducted permit-holding tobacco product manufacturer, ‘‘(c) MARKETING REQUIREMENTS.— under section 553 of title 5, United States Code, importer, or distributor; and ‘‘(1) RANDOM DISPLAY.—The label statements ‘‘(C) is not altered by the retailer in a way may adjust the format, type size, color graphics, specified in subsection (a)(1) shall be randomly and text of any of the label requirements, or es- that is material to the requirements of this sub- displayed in each 12-month period, in as equal section. tablish the format, type size, and text of any a number of times as is possible on each brand other disclosures required under the Federal ‘‘(b) ADVERTISING REQUIREMENTS.— of the product and be randomly distributed in ‘‘(1) IN GENERAL.—It shall be unlawful for Food, Drug, and Cosmetic Act, if the Secretary all areas of the United States in which the prod- finds that such a change would promote greater any tobacco product manufacturer, importer, uct is marketed in accordance with a plan sub- distributor, or retailer of cigarettes to advertise public understanding of the risks associated mitted by the tobacco product manufacturer, im- with the use of tobacco products.’’. or cause to be advertised within the United porter, distributor, or retailer and approved by States any cigarette unless its advertising bears, the Secretary. SEC. 203. STATE REGULATION OF CIGARETTE AD- VERTISING AND PROMOTION. in accordance with the requirements of this sec- ‘‘(2) ROTATION.—The label statements speci- Section 5 of the Federal Cigarette Labeling tion, one of the labels specified in subsection fied in subsection (a)(1) shall be rotated quar- and Advertising Act (15 U.S.C. 1334) is amended (a). terly in alternating sequence in advertisements by adding at the end the following: ‘‘(2) TYPOGRAPHY, ETC.—Each label statement for each brand of cigarettes in accordance with ‘‘(c) EXCEPTION.—Notwithstanding subsection required by subsection (a) in cigarette adver- a plan submitted by the tobacco product manu- (b), a State or locality may enact statutes and tising shall comply with the standards set forth facturer, importer, distributor, or retailer to, promulgate regulations, based on smoking and in this paragraph. For press and poster adver- and approved by, the Secretary. health, that take effect after the effective date tisements, each such statement and (where ap- ‘‘(3) REVIEW.—The Secretary shall review plicable) any required statement relating to tar, each plan submitted under paragraph (2) and of the Family Smoking Prevention and Tobacco nicotine, or other constituent (including a approve it if the plan— Control Act, imposing specific bans or restric- smoke constituent) yield shall comprise at least ‘‘(A) will provide for the equal distribution tions on the time, place, and manner, but not 20 percent of the area of the advertisement and and display on packaging and the rotation re- content, of the advertising or promotion of any shall appear in a conspicuous and prominent quired in advertising under this subsection; and cigarettes.’’. format and location at the top of each advertise- ‘‘(B) assures that all of the labels required SEC. 204. SMOKELESS TOBACCO LABELS AND AD- ment within the trim area. The Secretary may under this section will be displayed by the to- VERTISING WARNINGS. revise the required type sizes in such area in bacco product manufacturer, importer, dis- (a) AMENDMENT.—Section 3 of the Comprehen- such manner as the Secretary determines appro- tributor, or retailer at the same time. sive Smokeless Tobacco Health Education Act of priate. The word ‘WARNING’ shall appear in ‘‘(4) APPLICABILITY TO RETAILERS.—This sub- 1986 (15 U.S.C. 4402) is amended to read as fol- capital letters, and each label statement shall section and subsection (b) apply to a retailer lows: appear in conspicuous and legible type. The text only if that retailer is responsible for or directs ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. of the label statement shall be black if the back- the label statements required under this section ‘‘(a) GENERAL RULE.— ground is white and white if the background is except that this paragraph shall not relieve a re- ‘‘(1) It shall be unlawful for any person to black, under the plan submitted under sub- tailer of liability if the retailer displays, in a lo- manufacture, package, sell, offer to sell, dis- section (c). The label statements shall be en- cation open to the public, an advertisement that tribute, or import for sale or distribution within closed by a rectangular border that is the same does not contain a warning label or has been al- the United States any smokeless tobacco product

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.018 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6520 CONGRESSIONAL RECORD — SENATE June 11, 2009 unless the product package bears, in accordance a half-page tabloid newspaper advertisement; SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- with the requirements of this Act, one of the fol- 31.5-point type for a double page spread maga- BACCO PRODUCT WARNING LABEL lowing labels: zine or whole-page magazine advertisement; STATEMENTS. ‘‘WARNING: This product can cause mouth 22.5-point type for a 28 centimeter by 3 column (a) IN GENERAL.—Section 3 of the Comprehen- cancer. advertisement; and 15-point type for a 20 centi- sive Smokeless Tobacco Health Education Act of ‘‘WARNING: This product can cause gum dis- meter by 2 column advertisement. 1986 (15 U.S.C. 4402), as amended by section 204, ease and tooth loss. ‘‘(G) The label statements shall be in English, is further amended by adding at the end the fol- ‘‘WARNING: This product is not a safe alter- except that— lowing: native to cigarettes. ‘‘(i) in the case of an advertisement that ap- ‘‘(d) AUTHORITY TO REVISE WARNING LABEL ‘‘WARNING: Smokeless tobacco is addictive. pears in a newspaper, magazine, periodical, or STATEMENTS.—The Secretary may, by a rule- ‘‘(2) Each label statement required by para- other publication that is not in English, the making conducted under section 553 of title 5, graph (1) shall be— statements shall appear in the predominant lan- United States Code, adjust the format, type size, ‘‘(A) located on the 2 principal display panels guage of the publication; and and text of any of the label requirements, re- of the package, and each label statement shall ‘‘(ii) in the case of any other advertisement quire color graphics to accompany the text, in- comprise at least 30 percent of each such display that is not in English, the statements shall ap- crease the required label area from 30 percent up panel; and pear in the same language as that principally to 50 percent of the front and rear panels of the ‘‘(B) in 17-point conspicuous and legible type used in the advertisement. package, or establish the format, type size, and and in black text on a white background, or ‘‘(3)(A) The label statements specified in sub- text of any other disclosures required under the white text on a black background, in a manner section (a)(1) shall be randomly displayed in Federal Food, Drug, and Cosmetic Act, if the that contrasts by typography, layout, or color, each 12-month period, in as equal a number of Secretary finds that such a change would pro- with all other printed material on the package, times as is possible on each brand of the product mote greater public understanding of the risks in an alternating fashion under the plan sub- and be randomly distributed in all areas of the associated with the use of smokeless tobacco mitted under subsection (b)(3), except that if the United States in which the product is marketed products.’’. text of a label statement would occupy more in accordance with a plan submitted by the to- (b) PREEMPTION.—Section 7(a) of the Com- than 70 percent of the area specified by sub- bacco product manufacturer, importer, dis- prehensive Smokeless Tobacco Health Education paragraph (A), such text may appear in a small- tributor, or retailer and approved by the Sec- Act of 1986 (15 U.S.C. 4406(a)) is amended by er type size, so long as at least 60 percent of retary. striking ‘‘No’’ and inserting ‘‘Except as provided such warning area is occupied by the label ‘‘(B) The label statements specified in sub- in the Family Smoking Prevention and Tobacco statement. section (a)(1) shall be rotated quarterly in alter- Control Act (and the amendments made by that ‘‘(3) The label statements required by para- nating sequence in advertisements for each Act), no’’. graph (1) shall be introduced by each tobacco brand of smokeless tobacco product in accord- SEC. 206. TAR, NICOTINE, AND OTHER SMOKE product manufacturer, packager, importer, dis- ance with a plan submitted by the tobacco prod- CONSTITUENT DISCLOSURE TO THE tributor, or retailer of smokeless tobacco product manufacturer, importer, distributor, or re- PUBLIC. ucts concurrently into the distribution chain of tailer to, and approved by, the Secretary. Section 4 of the Federal Cigarette Labeling such products. ‘‘(C) The Secretary shall review each plan and Advertising Act (15 U.S.C. 1333), as amend- ‘‘(4) The provisions of this subsection do not submitted under subparagraphs (A) and (B) and ed by sections 201 and 202, is further amended apply to a tobacco product manufacturer or dis- approve it if the plan— by adding at the end the following: tributor of any smokeless tobacco product that ‘‘(i) will provide for the equal distribution and ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- does not manufacture, package, or import display on packaging and the rotation required STITUENT DISCLOSURE.— smokeless tobacco products for sale or distribu- in advertising under this subsection; and ‘‘(1) IN GENERAL.—The Secretary shall, by a tion within the United States. rulemaking conducted under section 553 of title ‘‘(5) A retailer of smokeless tobacco products ‘‘(ii) assures that all of the labels required 5, United States Code, determine (in the Sec- shall not be in violation of this subsection for under this section will be displayed by the to- retary’s sole discretion) whether cigarette and packaging that— bacco product manufacturer, importer, dis- other tobacco product manufacturers shall be ‘‘(A) contains a warning label; tributor, or retailer at the same time. required to include in the area of each cigarette ‘‘(B) is supplied to the retailer by a license- or ‘‘(D) This paragraph applies to a retailer only advertisement specified by subsection (b) of this permit-holding tobacco product manufacturer, if that retailer is responsible for or directs the section, or on the package label, or both, the tar importer, or distributor; and label statements under this section, unless the ‘‘(C) is not altered by the retailer in a way retailer displays, in a location open to the pub- and nicotine yields of the advertised or pack- that is material to the requirements of this sub- lic, an advertisement that does not contain a aged brand. Any such disclosure shall be in ac- section. warning label or has been altered by the retailer cordance with the methodology established ‘‘(b) REQUIRED LABELS.— in a way that is material to the requirements of under such regulations, shall conform to the ‘‘(1) It shall be unlawful for any tobacco this subsection. type size requirements of subsection (b) of this product manufacturer, packager, importer, dis- ‘‘(4) The Secretary may, through a rule- section, and shall appear within the area speci- tributor, or retailer of smokeless tobacco prod- making under section 553 of title 5, United fied in subsection (b) of this section. ucts to advertise or cause to be advertised with- States Code, adjust the format and type sizes for ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- in the United States any smokeless tobacco the label statements required by this section; the ferences between the requirements established product unless its advertising bears, in accord- text, format, and type sizes of any required tar, by the Secretary under paragraph (1) and tar ance with the requirements of this section, one nicotine yield, or other constituent disclosures; and nicotine yield reporting requirements estab- of the labels specified in subsection (a). or the text, format, and type sizes for any other lished by the Federal Trade Commission shall be ‘‘(2)(A) Each label statement required by sub- disclosures required under the Federal Food, resolved by a memorandum of understanding be- section (a) in smokeless tobacco advertising Drug, and Cosmetic Act. The text of any such tween the Secretary and the Federal Trade shall comply with the standards set forth in this label statements or disclosures shall be required Commission. paragraph. to appear only within the 20 percent area of ad- ‘‘(3) CIGARETTE AND OTHER TOBACCO PRODUCT ‘‘(B) For press and poster advertisements, vertisements provided by paragraph (2). The CONSTITUENTS.—In addition to the disclosures each such statement and (where applicable) any Secretary shall promulgate regulations which required by paragraph (1), the Secretary may, required statement relating to tar, nicotine, or provide for adjustments in the format and type under a rulemaking conducted under section 553 other constituent yield shall comprise at least 20 sizes of any text required to appear in such area of title 5, United States Code, prescribe disclo- percent of the area of the advertisement. to ensure that the total text required to appear sure requirements regarding the level of any cig- ‘‘(C) The word ‘WARNING’ shall appear in by law will fit within such area. arette or other tobacco product constituent in- capital letters, and each label statement shall ‘‘(c) TELEVISION AND RADIO ADVERTISING.—It cluding any smoke constituent. Any such disclo- appear in conspicuous and legible type. is unlawful to advertise smokeless tobacco on sure may be required if the Secretary determines ‘‘(D) The text of the label statement shall be any medium of electronic communications sub- that disclosure would be of benefit to the public black on a white background, or white on a ject to the jurisdiction of the Federal Commu- health, or otherwise would increase consumer black background, in an alternating fashion nications Commission.’’. awareness of the health consequences of the use under the plan submitted under paragraph (3). (b) EFFECTIVE DATE.—The amendment made of tobacco products, except that no such pre- ‘‘(E) The label statements shall be enclosed by by subsection (a) shall take effect 12 months scribed disclosure shall be required on the face a rectangular border that is the same color as after the date of enactment of this Act. Such ef- of any cigarette package or advertisement. the letters of the statements and that is the fective date shall be with respect to the date of Nothing in this section shall prohibit the Sec- width of the first downstroke of the capital ‘W’ manufacture, provided that, in any case, begin- retary from requiring such prescribed disclosure of the word ‘WARNING’ in the label statements. ning 30 days after such effective date, a manu- through a cigarette or other tobacco product ‘‘(F) The text of such label statements shall be facturer shall not introduce into the domestic package or advertisement insert, or by any other in a typeface pro rata to the following require- commerce of the United States any product, irre- means under the Federal Food, Drug, and Cos- ments: 45-point type for a whole-page spective of the date of manufacture, that is not metic Act. broadsheet newspaper advertisement; 39-point in conformance with section 3 of the Com- ‘‘(4) RETAILERS.—This subsection applies to a type for a half-page broadsheet newspaper ad- prehensive Smokeless Tobacco Health Education retailer only if that retailer is responsible for or vertisement; 39-point type for a whole-page tab- Act of 1986 (15 U.S.C. 4402), as amended by sub- directs the label statements required under this loid newspaper advertisement; 27-point type for section (a). section.’’.

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TITLE III—PREVENTION OF ILLICIT ‘‘(d) KNOWLEDGE OF ILLEGAL TRANSACTION.— Sec. 102. Automatic enrollments and immediate TRADE IN TOBACCO PRODUCTS ‘‘(1) NOTIFICATION.—If the manufacturer or employing agency contributions. SEC. 301. LABELING, RECORDKEEPING, RECORDS distributor of a tobacco product has knowledge Sec. 103. Qualified Roth contribution program. INSPECTION. which reasonably supports the conclusion that Sec. 104. Authority to establish mutual fund Chapter IX of the Federal Food, Drug, and a tobacco product manufactured or distributed window. Cosmetic Act, as added by section 101, is further by such manufacturer or distributor that has Sec. 105. Reporting requirements. Sec. 106. Acknowledgment of risk. amended by adding at the end the following: left the control of such person may be or has been— Sec. 107. Subpoena authority. ‘‘SEC. 920. LABELING, RECORDKEEPING, RECORDS Sec. 108. Amounts in Thrift Savings Funds sub- INSPECTION. ‘‘(A) imported, exported, distributed, or offered for sale in interstate commerce by a person ject to legal proceedings. ‘‘(a) ORIGIN LABELING.— without paying duties or taxes required by law; Sec. 109. Accounts for surviving spouses. ‘‘(1) REQUIREMENT.—Beginning 1 year after Sec. 110. Treatment of members of the uni- the date of enactment of the Family Smoking or ‘‘(B) imported, exported, distributed, or di- formed services under the Thrift Prevention and Tobacco Control Act, the label, verted for possible illicit marketing, Savings Plan. packaging, and shipping containers of tobacco the manufacturer or distributor shall promptly TITLE II—SPECIAL SURVIVOR INDEMNITY products other than cigarettes for introduction notify the Attorney General and the Secretary ALLOWANCE FOR SURVIVING SPOUSES or delivery for introduction into interstate com- of the Treasury of such knowledge. OF ARMED FORCES MEMBERS merce in the United States shall bear the state- ‘‘(2) KNOWLEDGE DEFINED.—For purposes of ment ‘sale only allowed in the United States’. Sec. 201. Increase in monthly amount of special this subsection, the term ‘knowledge’ as applied survivor indemnity allowance for Beginning 15 months after the issuance of the to a manufacturer or distributor means— regulations required by section 4(d) of the Fed- widows and widowers of deceased ‘‘(A) the actual knowledge that the manufac- members of the Armed Forces af- eral Cigarette Labeling and Advertising Act (15 turer or distributor had; or U.S.C. 1333), as amended by section 201 of Fam- fected by required Survivor Ben- ‘‘(B) the knowledge which a reasonable per- efit Plan annuity offset for de- ily Smoking Prevention and Tobacco Control son would have had under like circumstances or Act, the label, packaging, and shipping con- pendency and indemnity com- which would have been obtained upon the exer- pensation. tainers of cigarettes for introduction or delivery cise of due care. for introduction into interstate commerce in the ‘‘(e) CONSULTATION.—In carrying out this sec- TITLE I—PROVISIONS RELATING TO United States shall bear the statement ‘Sale tion, the Secretary shall consult with the Attor- FEDERAL EMPLOYEES RETIREMENT only allowed in the United States’. ney General of the United States and the Sec- SEC. 101. SHORT TITLE. ‘‘(2) EFFECTIVE DATE.—The effective date retary of the Treasury, as appropriate.’’. This title may be cited as the ‘‘Thrift Savings specified in paragraph (1) shall be with respect SEC. 302. STUDY AND REPORT. Plan Enhancement Act of 2009’’. to the date of manufacture, provided that, in (a) STUDY.—The Comptroller General of the SEC. 102. AUTOMATIC ENROLLMENTS AND IMME- any case, beginning 30 days after such effective United States shall conduct a study of cross-bor- DIATE EMPLOYING AGENCY CON- date, a manufacturer shall not introduce into der trade in tobacco products to— TRIBUTIONS. the domestic commerce of the United States any (1) collect data on cross-border trade in to- (a) IN GENERAL.—Section 8432(b) of title 5, product, irrespective of the date of manufacture, bacco products, including illicit trade and trade United States Code, is amended by striking that is not in conformance with such para- of counterfeit tobacco products and make rec- paragraphs (2) through (4) and inserting the fol- graph. ommendations on the monitoring of such trade; lowing: ‘‘(b) REGULATIONS CONCERNING RECORD- (2) collect data on cross-border advertising ‘‘(2)(A) The Executive Director shall by regu- KEEPING FOR TRACKING AND TRACING.— (any advertising intended to be broadcast, lation provide for an eligible individual to be ‘‘(1) IN GENERAL.—The Secretary shall pro- transmitted, or distributed from the United automatically enrolled to make contributions mulgate regulations regarding the establishment States to another country) of tobacco products under subsection (a) at the default percentage and maintenance of records by any person who and make recommendations on how to prevent of basic pay. manufactures, processes, transports, distributes, or eliminate, and what technologies could help ‘‘(B) For purposes of this paragraph, the de- receives, packages, holds, exports, or imports to- facilitate the elimination of, cross-border adver- fault percentage shall be equal to 3 percent or bacco products. tising; and such other percentage, not less than 2 percent ‘‘(2) INSPECTION.—In promulgating the regula- (3) collect data on the health effects (particu- nor more than 5 percent, as the Board may pre- tions described in paragraph (1), the Secretary larly with respect to individuals under 18 years scribe. shall consider which records are needed for in- of age) resulting from cross-border trade in to- ‘‘(C) The regulations shall include provisions spection to monitor the movement of tobacco bacco products, including the health effects re- under which any individual who would other- products from the point of manufacture through sulting from— wise be automatically enrolled in accordance distribution to retail outlets to assist in inves- (A) the illicit trade of tobacco products and with subparagraph (A) may— tigating potential illicit trade, smuggling, or the trade of counterfeit tobacco products; and ‘‘(i) modify the percentage or amount to be counterfeiting of tobacco products. (B) the differing tax rates applicable to to- contributed pursuant to automatic enrollment, ‘‘(3) CODES.—The Secretary may require codes bacco products. effective not later than the first full pay period on the labels of tobacco products or other de- (b) REPORT.—Not later than 18 months after following receipt of the election by the appro- signs or devices for the purpose of tracking or the date of enactment of this Act, the Comp- priate processing entity; or tracing the tobacco product through the dis- troller General of the United States shall submit ‘‘(ii) decline automatic enrollment altogether. tribution system. to the Committee on Health, Education, Labor, ‘‘(D)(i) Except as provided in clause (ii), for ‘‘(4) SIZE OF BUSINESS.—The Secretary shall and Pensions of the Senate and the Committee purposes of this paragraph, the term ‘eligible in- take into account the size of a business in pro- on Energy and Commerce of the House of Rep- dividual’ means any individual who, after any mulgating regulations under this section. resentatives a report on the study described in regulations under subparagraph (A) first take ‘‘(5) RECORDKEEPING BY RETAILERS.—The Sec- subsection (a). effect, is appointed, transferred, or reappointed retary shall not require any retailer to maintain (c) DEFINITION.—In this section: to a position in which that individual becomes records relating to individual purchasers of to- (1) The term ‘‘cross-border trade’’ means trade eligible to contribute to the Thrift Savings bacco products for personal consumption. across a border of the United States, a State or Fund. ‘‘(c) RECORDS INSPECTION.—If the Secretary Territory, or Indian country. ‘‘(ii) Members of the uniformed services shall has a reasonable belief that a tobacco product is (2) The term ‘‘Indian country’’ has the mean- not be eligible individuals for purposes of this part of an illicit trade or smuggling or is a coun- ing given to such term in section 1151 of title 18, paragraph. terfeit product, each person who manufactures, United States Code. ‘‘(E) Sections 8351(a)(1), 8440a(a)(1), processes, transports, distributes, receives, (3) The terms ‘‘State’’ and ‘‘Territory’’ have 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and holds, packages, exports, or imports tobacco the meanings given to those terms in section 201 8440e(a)(1) shall be applied in a manner con- products shall, at the request of an officer or of the Federal Food, Drug, and Cosmetic Act (21 sistent with the purposes of this paragraph.’’. employee duly designated by the Secretary, per- U.S.C. 321). (b) TECHNICAL AMENDMENT.—Section mit such officer or employee, at reasonable times DIVISION B—FEDERAL RETIREMENT 8432(b)(1) of title 5, United States Code, is and within reasonable limits and in a reason- REFORM ACT amended by striking the parenthetical matter in subparagraph (B). able manner, upon the presentation of appro- SEC. 100. SHORT TITLE; TABLE OF CONTENTS. priate credentials and a written notice to such SEC. 103. QUALIFIED ROTH CONTRIBUTION PRO- (a) SHORT TITLE.—This division may be cited GRAM. person, to have access to and copy all records as the ‘‘Federal Retirement Reform Act of 2009’’. (a) IN GENERAL.—Subchapter III of chapter 84 (including financial records) relating to such ar- (b) TABLE OF CONTENTS.—The table of con- of title 5, United States Code, is amended by in- ticle that are needed to assist the Secretary in tents for this division is as follows: serting after section 8432c the following: investigating potential illicit trade, smuggling, DIVISION B—FEDERAL RETIREMENT ‘‘§ 8432d. Qualified Roth contribution pro- or counterfeiting of tobacco products. The Sec- REFORM ACT retary shall not authorize an officer or employee gram Sec. 100. Short title; table of contents. of the government of any of the several States to ‘‘(a) DEFINITIONS.—For purposes of this sec- exercise authority under the preceding sentence TITLE I—PROVISIONS RELATING TO tion— on Indian country without the express written FEDERAL EMPLOYEES RETIREMENT ‘‘(1) the term ‘qualified Roth contribution pro- consent of the Indian tribe involved. Sec. 101. Short title. gram’ means a program described in paragraph

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.018 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6522 CONGRESSIONAL RECORD — SENATE June 11, 2009 (1) of section 402A(b) of the Internal Revenue funds or options, the status of the development ‘‘(b) Notwithstanding any Federal, State, or Code of 1986 which meets the requirements of and implementation of the mutual fund window, local law, any person, including officers, paragraph (2) of such section; and the diversity demographics of any company, in- agents, and employees, receiving a subpoena ‘‘(2) the terms ‘designated Roth contribution’ vestment adviser, or other entity retained to in- under this section, who complies in good faith and ‘elective deferral’ have the meanings given vest and manage the assets of the Thrift Savings with the subpoena and thus produces the mate- such terms in section 402A of the Internal Rev- Fund, and such other information as the Board rials sought, shall not be liable in any court of enue Code of 1986. considers appropriate. A copy of each annual any State or the United States to any indi- ‘‘(b) AUTHORITY TO ESTABLISH.—The Execu- report under this subsection shall be made avail- vidual, domestic or foreign corporation or upon tive Director shall by regulation provide for the able to the public through an Internet website. a partnership or other unincorporated associa- inclusion in the Thrift Savings Plan of a quali- (b) REPORTING OF FEES AND OTHER INFORMA- tion for such production. fied Roth contribution program, under such TION.— ‘‘(c) When a person fails to obey a subpoena terms and conditions as the Board may pre- (1) IN GENERAL.—The Board shall include in issued under this section, the district court of scribe. the periodic statements provided to participants the United States for the district in which the ‘‘(c) REQUIRED PROVISIONS.—The regulations under section 8439(c) of title 5, United States investigation is conducted or in which the per- under subsection (b) shall include— Code, the amount of the investment manage- son failing to obey is found, shall on proper ap- ‘‘(1) provisions under which an election to ment fees, administrative expenses, and any plication issue an order directing that person to make designated Roth contributions may be other fees or expenses paid with respect to each comply with the subpoena. The court may pun- made— investment fund and option under the Thrift ish as contempt any disobedience of its order. ‘‘(A) by any individual who is eligible to make Savings Plan. Any such statement shall also ‘‘(d) The Executive Director shall prescribe contributions under section 8351, 8432(a), 8440a, provide a statement notifying participants as to regulations to carry out subsection (a).’’. 8440b, 8440c, 8440d, or 8440e; and how they may access the annual report de- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) by any individual, not described in sub- scribed in subsection (a), as well as any other MENT.—The table of sections for chapter 84 of paragraph (A), who is otherwise eligible to make information concerning the Thrift Savings Plan title 5, United States Code, is amended by insert- elective deferrals under the Thrift Savings Plan; that might be useful. ing after the item relating to section 8479 the fol- ‘‘(2) any provisions which may, as a result of (2) USE OF ESTIMATES.—For purposes of pro- lowing: enactment of this section, be necessary in order viding the information required under this sub- ‘‘8480. Subpoena authority.’’. to clarify the meaning of any reference to an section, the Board may provide a reasonable SEC. 108. AMOUNTS IN THRIFT SAVINGS FUNDS ‘account’ made in section 8432(f), 8433, 8434(d), and representative estimate of any fees or ex- SUBJECT TO LEGAL PROCEEDINGS. 8435, 8437, or any other provision of law; and penses described in paragraph (1) and shall in- Section 8437(e)(3) of title 5, United States ‘‘(3) any other provisions which may be nec- dicate any such estimate as being such an esti- Code, is amended in the first sentence by strik- essary to carry out this section.’’. mate. Any such estimate shall be based on the ing ‘‘or relating to the enforcement of a judg- (b) CLERICAL AMENDMENT.—The analysis for previous year’s experience. ment for the physically, sexually, or emotionally chapter 84 of title 5, United States Code, is (c) DEFINITIONS.—For purposes of this sec- abusing a child as provided under section amended by inserting after the item relating to tion— 8467(a)’’ and inserting ‘‘the enforcement of an section 8432c the following: (1) the term ‘‘Board’’ has the meaning given order for restitution under section 3663A of title ‘‘8432d. Qualified Roth contribution program.’’. such term by 8401(5) of title 5, United States 18, forfeiture under section 8432(g)(5) of this SEC. 104. AUTHORITY TO ESTABLISH MUTUAL Code; title, or an obligation of the Executive Director FUND WINDOW. (2) the term ‘‘participant’’ has the meaning to make a payment to another person under sec- (a) IN GENERAL.—Section 8438(b)(1) of title 5, given such term by section 8471(3) of title 5, tion 8467 of this title’’. United States Code, is amended— United States Code; and SEC. 109. ACCOUNTS FOR SURVIVING SPOUSES. (1) in subparagraph (D), by striking ‘‘and’’ at (3) the term ‘‘account’’ means an account es- Section 8433(e) of title 5, United States Code, the end; tablished under section 8439 of title 5, United is amended— (2) in subparagraph (E), by striking the period States Code. (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and and inserting ‘‘; and’’; and SEC. 106. ACKNOWLEDGMENT OF RISK. (2) by adding at the end the following: (3) by adding after subparagraph (E) the fol- (a) IN GENERAL.—Section 8439(d) of title 5, ‘‘(2) Notwithstanding section 8424(d), if an lowing: United States Code, is amended— employee, Member, former employee, or former ‘‘(F) a service that enables participants to in- (1) by striking the matter after ‘‘who elects to Member dies and has designated as sole or par- vest in mutual funds, if the Board authorizes invest in’’ and before ‘‘shall sign an acknowl- tial beneficiary his or her spouse at the time of the mutual fund window under paragraph (5).’’. edgment’’ and inserting ‘‘any investment fund death, or, if an employee, Member, former em- (b) REQUIREMENTS.—Section 8438(b) of title 5, or option under this chapter, other than the ployee, or former Member, dies with no des- United States Code, is amended by adding at the Government Securities Investment Fund,’’; and ignated beneficiary and is survived by a spouse, end the following: (2) by striking ‘‘either such Fund’’ and insert- the spouse may maintain the portion of the em- ‘‘(5)(A) The Board may authorize the addition ing ‘‘any such fund or option’’. ployee’s or Member’s account to which the of a mutual fund window under the Thrift Sav- (b) COORDINATION WITH PROVISIONS RELATING spouse is entitled in accordance with the fol- ings Plan if the Board determines that such ad- TO FIDUCIARY RESPONSIBILITIES, LIABILITIES, lowing terms: dition would be in the best interests of partici- AND PENALTIES.—Section 8477(e)(1)(C) of title 5, ‘‘(A) Subject to the limitations of subpara- pants. United States Code, is amended— graph (B), the spouse shall have the same with- ‘‘(B) The Board shall ensure that any ex- (1) by redesignating subparagraph (C) as sub- drawal options under subsection (b) as the em- penses charged for use of the mutual fund win- paragraph (C)(i); and ployee or Member were the employee or Member dow are borne solely by the participants who (2) by adding at the end the following: living. use such window. ‘‘(ii) A fiduciary shall not be liable under sub- ‘‘(B) The spouse may not make withdrawals ‘‘(C) The Board may establish such other paragraph (A), and no civil action may be under subsection (g) or (h). terms and conditions for the mutual fund win- brought against a fiduciary— ‘‘(C) The spouse may not make contributions dow as the Board considers appropriate to pro- ‘‘(I) for providing for the automatic enroll- or transfers to the account. tect the interests of participants, including re- ment of a participant in accordance with section ‘‘(D) The account shall be disbursed upon the quirements relating to risk disclosure. 8432(b)(2)(A); death of the surviving spouse. A beneficiary or ‘‘(D) The Board shall consult with the Em- ‘‘(II) for enrolling a participant in a default surviving spouse of a deceased spouse who has ployee Thrift Advisory Council (established investment fund in accordance with section inherited an account is ineligible to maintain under section 8473) before authorizing the addi- 8438(c)(2); or the inherited spousal account. ‘‘(III) for allowing a participant to invest ‘‘(3) The Executive Director shall prescribe tion of a mutual fund window or establishing a through the mutual fund window or for estab- regulations to carry out this subsection.’’. service that enables participants to invest in lishing restrictions applicable to participants’ mutual funds.’’. SEC. 110. TREATMENT OF MEMBERS OF THE UNI- ability to invest through the mutual fund win- FORMED SERVICES UNDER THE (c) TECHNICAL AND CONFORMING AMEND- dow.’’. THRIFT SAVINGS PLAN. MENT.—Section 8438(d)(1) of title 5, United (a) SENSE OF CONGRESS.—It is the sense of States Code, is amended by inserting ‘‘and op- SEC. 107. SUBPOENA AUTHORITY. (a) IN GENERAL.—Chapter 84 of title 5, United Congress that— tions’’ after ‘‘investment funds’’. (1) members of the uniformed services should SEC. 105. REPORTING REQUIREMENTS. States Code, is amended by inserting after section 8479 the following: have a retirement system that is at least as gen- (a) ANNUAL REPORT.—The Board shall, not erous as the one which is available to Federal later than June 30 of each year, submit to Con- ‘‘§ 8480. Subpoena authority civilian employees; and gress an annual report on the operations of the ‘‘(a) In order to carry out the responsibilities (2) Federal civilian employees receive match- Thrift Savings Plan. Such report shall include, specified in this subchapter and subchapter III ing contributions from their employing agencies for the prior calendar year, information on the of this chapter, the Executive Director may issue for their contributions to the Thrift Savings number of participants as of the last day of subpoenas commanding each person to whom Fund, but the costs of requiring such a match- such prior calendar year, the median balance in the subpoena is directed to produce designated ing contribution from the Department of De- participants’ accounts as of such last day, de- books, documents, records, electronically stored fense could be significant. mographic information on participants, the per- information, or tangible materials in the posses- (b) REPORTING REQUIREMENT.—Not later than centage allocation of amounts among investment sion or control of that individual. 180 days after the date of the enactment of this

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A11JN6.019 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6523 Act, the Secretary of Defense shall report to we are in the appropriations process. NOMINATION OF HILARY Congress on— The House is going to pass all their ap- CHANDLER TOMPKINS (1) the cost to the Department of Defense of propriations bills by the end of the Mr. BINGAMAN. Mr. President, let providing a matching payment with respect to July recess. I don’t know if we can contributions made to the Thrift Savings Fund me state I am disappointed to see the by members of the Armed Forces; meet that schedule—it is somewhat objection still raised to the confirma- (2) the effect that requiring such a matching doubtful—but we are going to pass tion of Hilary Chandler Tompkins to be payment would have on recruitment and reten- some bills. We are going to try to get the Solicitor for the Department of In- tion; and to one this work period. terior. She is extremely well qualified. (3) any other information that the Secretary Without going into more detail, the No one has raised any question about of Defense considers appropriate. next work period is going to be ex- her qualifications. Our former col- TITLE II—SPECIAL SURVIVOR INDEMNITY tremely long, arduous, and extremely league, now Secretary Salazar, needs a ALLOWANCE FOR SURVIVING SPOUSES important. Solicitor in the Department of Inte- OF ARMED FORCES MEMBERS I suggest the absence of a quorum. rior. SEC. 201. INCREASE IN MONTHLY AMOUNT OF The PRESIDING OFFICER. Will the We reported her nomination out of SPECIAL SURVIVOR INDEMNITY AL- leader withhold his request for a LOWANCE FOR WIDOWS AND WID- our committee on April 30, nearly 6 OWERS OF DECEASED MEMBERS OF quorum call? weeks ago now. There has been some- THE ARMED FORCES AFFECTED BY Mr. REID. I withhold. thing of a rolling hold on her nomina- REQUIRED SURVIVOR BENEFIT PLAN The PRESIDING OFFICER. The Sen- ANNUITY OFFSET FOR DEPENDENCY tion. AND INDEMNITY COMPENSATION. ator from New Mexico is recognized. I know Senator BENNETT had an ob- (a) PAYMENT AMOUNT PER FISCAL YEAR.— f jection at one point; that has been sat- Paragraph (2) of section 1450(m) of title 10, UNANIMOUS CONSENT REQUEST— isfied. Senator COBURN had an objec- United States Code, is amended— EXECUTIVE CALENDAR tion; that has been satisfied. Senator (1) in subparagraph (E), by striking ‘‘and’’ BUNNING had an objection; that has after the semicolon; and Mr. BINGAMAN. Mr. President, I been satisfied. Now I am informed (2) by striking subparagraph (F) and inserting wish to propound a unanimous consent there are additional objections. the following new subparagraphs: request. I ask unanimous consent the ‘‘(F) for months during fiscal year 2014, $150; I hope very much my colleagues on Senate proceed to executive session to the Republican side will go ahead and ‘‘(G) for months during fiscal year 2015, $200; consider Calendar No. 97, the nomina- ‘‘(H) for months during fiscal year 2016, $275; approve her for confirmation quickly and tion of Hilary Chandler Tompkins to be so that Secretary Salazar can get on ‘‘(I) for months during fiscal year 2017, $310.’’. Solicitor of the Department of Interior, with the important business of the De- (b) DURATION.—Paragraph (6) of such section the nomination be confirmed, the mo- partment of Interior. is amended— tion to reconsider be laid on the table I yield the floor. (1) by striking ‘‘February 28, 2016’’ and insert- with no further motion to be in order, The PRESIDING OFFICER. The Sen- ing ‘‘September 30, 2017’’; and that any statements related to the ator from Texas is recognized. (2) by striking ‘‘March 1, 2016’’ both places it nomination be printed in the RECORD, f appears and inserting ‘‘October 1, 2017’’. and upon confirmation the President Mr. DODD. Mr. President, I move to be immediately notified of the Senate’s HEALTH CARE REFORM reconsider the vote. action and the Senate then resume leg- Mr. CORNYN. Mr. President, I want Mr. DURBIN. I move to lay that mo- islative session. to spend a few minutes talking about tion on the table. The PRESIDING OFFICER. Is there the importance and challenge of health The motion to lay on the table was objection? care reform, something that is on the agreed to. Mr. CORNYN. Mr. President, reserv- fast track in the Senate. f ing the right to object. Recently, as I traveled my State of 24 The PRESIDING OFFICER. The Sen- million people, I heard many similar ORDER OF BUSINESS ator from Texas is recognized. themes from my constituents. What Mr. REID. Mr. President, this will be Mr. CORNYN. With all due respect to they told me is that our top priority the last vote of the week. We have a lot my colleague from New Mexico, I am ought to be reducing the cost of health of work going on in the committees advised that the nomination has not care because, of course, by reducing the and that will continue on Monday. The yet been cleared on this side. We are cost it becomes more affordable by next vote will be Tuesday morning. I going to keep working on it, but at this more people and we attack what is one will confer with the distinguished Re- time I must object and I do object. of the other principal concerns, and publican leader as to what time we will The PRESIDING OFFICER. Objec- certainly one of mine, and that is too do that and what it is going to be on tion is noted. many people who are uninsured in this for sure. We think we know, but there The majority leader is recognized. country. will be a vote Tuesday morning. f We know cost is one reason why 46 Everyone has been notified, but to million people are not insured in this make sure that people understand, MORNING BUSINESS country, some of whom have good jobs when we come back after the July 4 re- Mr. REID. Mr. President, I know my that pay well, but if they are young cess, we are going to be in session for friend, the distinguished Senator from they would rather put the money in 5 weeks. The House will be in session Texas, wishes to speak for up to 20 their pocket than pay for health care. for only 4 weeks. We have 5 weeks and minutes, is that right? Others have different circumstances, we are going to work very hard during Mr. CORNYN. That is my wish. maybe small businesses that are priced that period of time. I have had requests Mr. REID. We have Senators on this out of the market. from the managers of the bill, the side. What I would ask consent to do is It is a fact that American families health care bill, Senator BAUCUS and have Senator BINGAMAN be recognized have seen their health care premiums DODD, that we need every day of that for up to 3 minutes, Senator CORNYN be double over the last 10 years. My con- break so there is only going to be 1 day recognized for up to 20 minutes, and stituents and the American people gen- that there will be no votes—Mondays then I will be recognized following his erally are also very concerned about and Fridays there will be votes—which statement. Following me, Senator DOR- our future. As they see so much bor- is Friday, July 17. GAN be recognized. rowing and so much spending here in The first day we get back we are I ask we proceed to a period of morn- Washington, they worry about the fact going to have a Monday morning vote, ing business, with Senators permitted that Medicare, which is the health care to show everybody we are serious about to speak for up to 10 minutes, with the program for seniors, has an unfunded this. So the day we get back there will exceptions I noted. liability of $38 trillion. So, to under- be a Monday morning vote. We have a The PRESIDING OFFICER. Without stand, while we have roughly $2 trillion tremendous amount of work to do. We objection, it is so ordered. in annual deficits running, we also not only have health care, which is The Senator from New Mexico is rec- have $38 trillion in unfunded Federal li- going to take so much of our time, but ognized. abilities for Medicare and the trust

VerDate Nov 24 2008 23:36 Jun 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.019 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6524 CONGRESSIONAL RECORD — SENATE June 11, 2009 fund is anticipated to go insolvent by I also express my appreciation for the First, a government-run plan will ul- the year 2017, less than 8 years from professionals at the Congressional timately take away the health insur- now. Budget Office for refusing to com- ance people have right now. Last year, I appreciate the urgency of focusing promise their integrity and for con- President Obama campaigned on the on health care reform. We have been tinuing to provide objective analysis of promise that if you like what you have, working under Chairman BAUCUS and all reform proposals. That is their job. you will be able to keep it. I agree with Ranking Member GRASSLEY on the Fi- Their job is not to make policy, but it him. That ought to be our goal. But nance Committee. I know other Sen- is their job to give us unvarnished, ob- with a so-called government plan, that ators have been working hard at this as jective information about costs so we will not happen because we all know well—Senator KENNEDY and Senator can determine what policy makes sense that the government is not just the ENZI on the HELP Committee. and what policies we can afford. regulator, but it is also the one paying I urge us to keep working very hard In particular, I commend the Direc- the bills; that ultimately, the govern- to work through all the complexities tor of the Congressional Budget Office, ment cannot be calling the balls and and moving parts of this very chal- Dr. Doug Elmendorf, who I read was strikes even as it takes to the field to lenging problem. I also want to say quoted as saying that the Congres- be a so-called competitor. that I think how we discuss health care sional Budget Office ‘‘will never adjust Let me put a finer point on it. One reform is very important, but I am also our views to make people happy.’’ That group of analysts, the Lewin Group, concerned that some voices are greeted demonstrates the kind of integrity and said a government plan would take with derision or even implicit threats objectivity we would want to inform away, ultimately, current health bene- that suggest they better keep quiet if our decisions. We are the ones who are fits from 119 million Americans and they know what is good for them. elected to make those decisions on the force 130 million into a Washington-run A tremendous amount of work has part of the American people. We are health care plan. How does that hap- gone into the series of three Finance the ones who should be held account- pen? Well, ostensibly you would have Committee roundtables and walk- able for those policies. But we have to the government competing with the throughs. But I am disturbed by some get good, objective, unbiased informa- private sector to provide health care. reports that perhaps Senators, cer- tion from professionals with integrity But we know the government ulti- tainly staff, have urged key stake- such as Dr. Elmendorf and his staff at mately would provide a more generous holders in the health care reform de- the CBO. package and could do so, of course, at bate to keep their mouths shut. Every Some, it has been suggested, do not taxpayer expense and save the dif- American citizen has a right to peti- like the big price tag the Congressional ficulty of having to compete in the tion their government. This is a right Budget Office has put on some of their marketplace. Ultimately, as the Lewin every American citizen has, and no proposals. But the solution is not for Group concluded, it would undercut American should be told to keep quiet the Congressional Budget Office to get private competitors, leaving people on the subject of health care reform, in creative, it is for Senators to get real with no choices and ultimately leaving particular. We know reforming health and deal with the reality and to use everyone, or at least 130 million Ameri- care is an urgent priority, as I said, and that information in order to craft deci- cans, on a Washington-run health care more than 300 million Americans have sions that work. plan—not a good idea, in my opinion. a stake in our success. I wish to speak in particular about Secondly, we know a government The Congress needs to take the time the only bill that has actually been plan would drive up costs for those who given the fact that this represents 17 rolled out, more or less, or provisions, remain with private insurance. How percent of our gross domestic product and that is the bill proffered by our does that happen? Well, we know there and is so complex. We need to take the colleague, Senator TED KENNEDY. is a phenomenon in health care called time and get the input from everyone Senator KENNEDY has been a leader cost shifting. That is because Medicare who has something to offer as we unin the health care reform debate for and Medicaid pay submarket rates and dertake this massive task. We have a more than four decades. I appreciate health care providers have to make it highly complex, $2.6 trillion system, the fact that he is the first Democrat up somewhere else. Where do they and we need to take time to get the re- on either end of Pennsylvania Avenue make it up? They end up making it up forms done right. I am not talking who has actually put out a proposal from people who have insurance. And about peddling in place, I am not talk- with some detail for us to evaluate and how do they do that? By people who ing about wasting time, I am talking react to. While more details are cer- have insurance paying more than they about doing what the American people tainly needed, and I hope they will be ultimately receive because the costs expect us to do; that is, get it right, forthcoming, we already know there are literally shifted from Medicare and not try to rush according to some arbi- are some red lines, some hot spots, Medicaid onto private insurance. trary timetable. some areas that, if embraced by the According to a respected actuary, So I am pleased to say that some Democratic leadership, will result in Milliman, commercial payers subsidize stakeholders are standing up against failure, not in success. I think we all the cost of Medicare and Medicaid by this notion that this deal ought to be should be invested in the goal of bipar- nearly $90 billion a year in cost shift- cut in a closed back room somewhere. tisan success. In fact, there are some ing. This represents a hidden tax on The American Medical Association, for provisions in the Kennedy bill that American families and small busi- example, has announced its opposition would make things worse, in my view nesses. Milliman estimates that the av- to a government-run plan. The U.S. and in the view of others. erage private health care premium is Chamber of Commerce and the Na- I think there is one thing we should more than $1,500 higher per family, tional Federation Of Independent Busi- do; that is, take the Hippocratic Oath, more than 10 percent higher than it nesses have expressed concerns about the same oath medical practitioners would be without this government some aspects of the legislation that has take to ‘‘do no harm.’’ I think we cost-shifting phenomenon. A new gov- been proposed by the President and by should take a legislative Hippocratic ernment program would increase this leadership here in Congress. But more Oath to first do no harm as we under- cost shifting dramatically and increase voices, not less—indeed all voices—de- take this massive reform. For example, the health care premiums of every serve to be heard on something of such in the Kennedy bill, it describes a plan American family who continues on fundamental importance to our coun- called ‘‘a public health insurance plan their private health insurance plan. try. The American people deserve a operated by the Federal Government Third, we know this Medicare-for-all transparent and open debate about the with a payment scale that is set in or government-run plan would basi- reforms, the various proposals that are statute and based on Medicare.’’ I be- cally be like Medicare and Medicaid on on the table, so they can judge for lieve ‘‘Medicare for all’’ or a govern- steroids. Lest anybody be confused, themselves whether Washington elites ment-run health plan is a disaster in that is not a good thing. I believe Medi- have their best interest in mind or, to the making for the millions of Ameri- care illustrates what happens when the the contrary, whether they believe cans who will depend upon us to get government takes over health care de- something else is going on. this right. Let me explain why. livery. For example, first of all, it is

VerDate Nov 24 2008 00:37 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.045 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6525 not fiscally sustainable. As I men- and other very vulnerable children. We also see some poor health care tioned, Medicare is going to go insol- Pediatrix has noted that ‘‘the lack of outcomes in the United States under vent in 2017 and currently has $38 tril- appropriate reimbursement is among government-run health care. For exam- lion in unfunded liabilities. the common reasons for physicians to ple, numerous studies have documented Low reimbursement rates—and refuse to accept new Medicaid pa- the poor patient outcomes under the frankly, that is how Medicare and Med- tients.’’ They have noted that within Medicaid Program relative to patients icaid try to deal with costs. They cut their own national neonatal and in private plans. For example, Med- payments to providers—hospitals and hospitalist patient population, the cur- icaid patients are more than 50 percent doctors—below the otherwise market rent government rates pay an average more likely to die of coronary bypass rates. These low reimbursement rates of 28.7 percent less than rates from pri- surgery than patients with private cov- reduce patient choice and increase wait vate insurers. No wonder it is hard for erage or Medicare. times for the physicians they see. Medicaid beneficiaries—notwith- There are other problems with the Many providers, as I am sure the dis- standing what Congress does, it is hard bill that the distinguished Senator tinguished occupant of the chair, in his for them to find a physician who will from Massachusetts has proposed. State, knows—we know many doctors actually see them at that kind of rate. Again, I credit him with being the first are not even taking new Medicare pa- Pediatrix has said, ‘‘We believe a one to lay out a plan. We have not yet tients and new Medicaid patients be- public plan structured [after Medicare seen one from any other source. But cause lower reimbursement rates are and Medicaid] would ultimately erode the fact is, the Kennedy bill is not paid the problem. Every year, Congress has the availability of private health and to come back and reverse the cuts to negatively impact patient access to for. We don’t know how much addi- needed health care.’’ physician payments under the Medi- tional borrowing or how much higher The fourth problem I have with the care sustainable growth rate formula, our taxes will have to go up in order to plan in the Kennedy bill is that the and those cuts, unless we act to reverse pay the price. It also includes a con- government plan would ultimately lead them, will cut physician payments by cept known as pay or play for small to a rationing of health care. What 20 percent this January. businesses. In other words, if you don’t does that mean? Well, that means According to the Washington Post have health care coverage for your em- delay or denying access to treatment. last fall, taxpayers also pay up to $60 ployees and are a small business, you All we have to do is look at Canada. billion a year in fraudulent claims on will have to pay a punitive tax. A recent op-ed by Dr. David Gratzer Medicare. So in addition to being fis- in the Wall Street Journal this last The bill also provides very generous cally unsustainable, in addition to ra- week talked about what a government- Federal subsidies to individuals mak- tioning or providing unrealistically low run plan in Canada has done. Thou- ing as much as $110,000 a year. We are payments, denying people access to sands of our friends to the north, of all for a safety net for people who are health care, we have $60 billion in fraud course, come to America each year for low income and can’t otherwise provide and waste in the Medicare Program— lifesaving surgery, if they can afford it, for themselves. But why should tax- hardly a model for Medicare, for a gov- after their government has told them payers be forced to pay higher taxes to ernment-run option. they will just have to wait. Various subsidize health care for people making Well, Medicaid has even more prob- studies indicate that Canadians, espe- over $100,000 a year. It doesn’t make lems. Medicaid provides coverage, but cially the poor, are less healthy under sense. it does a poor job of providing access. socialized medicine than those in our In one way, this is really a ruse that is The bill also includes an innocuous- country. More and more Canadians sounding council called the Medical being perpetrated on the American peo- want to reduce the role of government ple under Medicare and Medicaid. We Advisory Council, which in effect and expand private options for health would give the government power over say: Yes, you have coverage. But if you care, even as the elites in Washington cannot find a doctor or a health care personal health care decisions, particu- want to move America in the opposite larly to unelected and unaccountable provider who will provide you access at direction. that price, then their coverage does not bureaucrats. Of course, the bill creates The fifth reason a government plan is new entitlements, which we have no do you any good. not a good idea is it would lead to poor- According to a recent Wall Street hope of paying for, at the same time er health outcomes. Many Canadians when unfunded liabilities for so much Journal article, Medicaid’s low reim- are realizing that socialized medicine bursement rates, which are actually of our entitlement programs remain is not working for them, and so are unpaid for. Frankly, while I applaud lower than Medicare, have resulted in many folks in Europe. According to a the distinguished Senator from Massa- 40 percent of physicians restricting ac- piece in the Washington Examiner this chusetts and his leadership on this cess to patients in the program. So it is week, breast cancer rates in Europe, issue, I worry that this is a bill that no wonder, as the journal Health Af- under nationalized health care sys- has no bipartisan input. I applaud Sen- fairs said last month, that ‘‘physicians tems, are significantly higher than ator BAUCUS, chairman of the Finance typically have been less willing to take they are here in the United States. Eu- Committee, and other Democrats on on new Medicaid patients than patients ropean women are much more likely to that committee who said we need to covered by other types of health insur- have breast cancer than are American come up with a bipartisan solution. ance.’’ women. Currently, the United States When I raised this concern this morn- Medicaid reimbursement rates, as I leads the world in treating breast can- ing in the Finance Committee, the said, are even lower than Medicare, cer. Women in our country with breast Kennedy bill was described as more of more than 25 percent lower than Medi- cancer have a 14-percent better chance a wish list than anything else. care. The story of Pediatrix Medical of survival than those in Europe. Com- Group, which has a significant presence pared to the United States, breast can- The bill reflects very few ideas from in my State, illustrates the problem. cer mortality is 52 percent higher in Republicans, which we have offered to Pediatrix has more than 1,300 physi- Germany and 88 percent higher in the discuss and would hope to include in cians and 500 advanced practice nurses. United Kingdom. This is not something any comprehensive health care reform. They specialize in the care of newborns we should want to emulate. It includes several provisions which

VerDate Nov 24 2008 00:37 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.046 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6526 CONGRESSIONAL RECORD — SENATE June 11, 2009 Republicans have made clear are off The Senator from North Dakota. States, while the rest of the world has the table, if our colleagues want a Mr. DORGAN. Mr. President, the leg- had a 40-percent increase in travelers truly bipartisan bill. I mentioned the islation described by my colleague, the destined to those other areas. It makes government plan option which kills bi- Travel Promotion Act, is legislation I a big difference. It is very negative in partisanship because Republicans can- wish to discuss. The Travel Promotion terms of our country’s economic oppor- not support a policy that will lead to a Act is a bipartisan piece of legislation tunity that comes from travel and Washington takeover of our health I have introduced with Senators EN- tourism. care system. There are better alter- SIGN, INOUYE, MARTINEZ, KLOBUCHAR, I showed the examples of what other natives, alternatives which empower REID, and many others. I believe in the countries are saying in their very ex- individuals and preserve the individual last session of Congress, when we intro- plicit campaigns around the world, to choice each of us has to make health duced this, we had over 50 cosponsors. say to people: If you are traveling care decisions, in consultation with our Let me describe what its purpose is. abroad, if you are planning a vacation, physician or family doctor, in the best Who can be against travel pro- a trip, come to our country. Come and interest of our families. Empowering motion? Here is what has happened to see Italy, Great Britain, Ireland, India. people rather than government is a our country with respect to the jobs Let me show you what is happening much better solution than this pro- and economic growth that comes with with respect to our country. Headlines posal we see under the Kennedy bill. a decline in foreigners traveling to the such as these: The Sydney Sunday Innovators in both government and United States. Measures put in place Morning Herald: ‘‘Coming to America the private sector have learned that by quickly after the 2001 attack on 9/11 Isn’t Easy.’’ From The Guardian: empowering patients and providing had a significant impact on travel to ‘‘America: More Hassle Than It’s them some incentives, they can actu- the United States by foreign travelers. Worth?’’ From The Sunday Times in ally see costs lowered. We, obviously, wanted to be careful London: ‘‘Travel to America? No There are a lot of good ideas out about whom we allowed into our coun- Thanks.’’ there. Unfortunately, the partisan pro- try. We still do. But what happened fol- There is a perception that it is dif- posal we have from the HELP Com- lowing that is, instead of reaching out ficult to come to our country, hard to mittee is not one of them. We hope we to the world to say: Visit the United get a visa, and tourists will experience can continue to work together, on a bi- States, this is a great place, we encour- long waiting lines. Many of these prob- partisan basis, toward a successful out- age you to come here, to vacation here, lems have been corrected or improved. come. to see what the United States is all In the construction of this legislation, I yield the floor. we address the need to better commu- The PRESIDING OFFICER (Mr. about, we backed away from that. Other countries have not. Here is what nicate our entry and exit procedures UDALL of Colorado). The majority lead- and their improvements. We don’t want er. we have experienced. I have a chart here showing overseas travel between these negative headlines to be the mes- f 2000 and 2008. sage to the rest of the world—in fact, TRAVEL PROMOTION ACT OF 2009— Since 2000 and 2008, there has been a quite the opposite. MOTION TO PROCEED 3-percent decrease in foreign visitors to What a large group of us in the Con- CLOTURE MOTION the United States. At the same time, gress want is for our country to be en- Mr. REID. Mr. President, I move to there has been a 40-percent increase in gaged internationally, to say to people proceed to Calendar No. 71, S. 1023, the visitors to other countries around the around the world: Come to our country. Travel Promotion Act of 2009, and I world. Think of the consequences of To see the United States is to under- send a cloture motion to the desk. that to our economy. A foreign visitor, stand the wonder of this great country. The PRESIDING OFFICER. The clo- overseas visitor, coming to our country Come here. Stay here. Vacation here. ture motion having been presented spends on average $4,500 per visit—that Understand what America is about. under rule XXII, the Chair directs the is a lot of economic activity, a lot of I can’t think of anything better, in clerk to read the motion. economic growth and jobs. But inbound terms of our position in the world and The assistant legislative clerk read travel has decreased in our country and how people think of this great country, as follows: substantially increased in others. Why than to invite them and encourage CLOTURE MOTION is that the case? them to come here. That is why we We, the undersigned Senators, in accord- The rest of the world is very anxious have introduced this bipartisan piece of ance with the provisions of rule XXII of the to attract destination visitors to their legislation called the Travel Pro- Standing rules of the Senate, hereby move to country, international travelers, to motion Act of 2009. bring to a close debate on the motion to pro- say: We want you to come to our coun- Interestingly enough, the Congres- ceed to Calendar No. 71, S. 1023, the Travel try as a destination for your trip. Take sional Budget Office has said this piece Promotion Act of 2009. India—one special reason to visit India of legislation will reduce the Federal Byron L. Dorgan, Tom Udall, Patrick J. budget deficit by $425 million between Leahy, Barbara Boxer, Kay R. Hagan, is this advertisement saying: Kirsten E. Gillibrand, Robert P. Casey, ‘‘Incredible India, any time is a good time 2010 and 2019. We don’t bring many Jr., Roland W. Burris, Benjamin L. to visit the land of Taj, but there is no time pieces of legislation to the floor of the Cardin, Bill Nelson, John D. Rocke- like now.’’ Senate in which the Congressional feller, IV, Daniel K. Inouye, Blanche L. Not unusual to see this. It is not only Budget Office says: Lincoln, Ron Wyden, Bernard Sanders, India. This will make money. This is a net Sheldon Whitehouse, Ben Nelson. positive. This will reduce the Federal Australia’s says: ‘‘Arrived looking for an budget deficit. That is what this bill is Mr. REID. Mr. President, I now ask experience to remember. Departed with ad- unanimous consent that on Tuesday, venture we will never forget. Australia, come about. June 16, following a period of morning to Australia.’’ If you are an overseas trav- Let me explain, for a moment, what business, the Senate resume consider- eler, deciding where to visit, be sure and we are trying to do with the legisla- ation of the motion to proceed to S. come to Australia. tion. The Travel Promotion Act will 1023 and there be 1 hour of debate prior Ireland says: ‘‘Go where Ireland takes attempt to create international travel to a vote on the motion to invoke clo- you.’’ opportunities for people from all ture on the motion to proceed, with the Pretty straightforward—makes you around the world to come to this coun- time equally divided and controlled be- want to go to Ireland. Great Britain, try. It will set up a nationally coordi- tween the leaders or their designees; Italy, Spain, France, Australia, India, nated travel promotion campaign run that upon the use or yielding back of Ireland, they say: Come to our country. in a public-private partnership to com- that time, the Senate proceed to a vote Travel to our country. See what our municate to the world our country’s on the motion to invoke cloture on the country is about. travel policies and, more importantly, motion to proceed, with the mandatory We are not doing that. communicate to the world: We want quorum waived. As a result, in the last 8 years, we you here. We want you to explore what The PRESIDING OFFICER. Without have seen a 3-percent decrease in travel this great country has to offer. This objection, it is so ordered. by foreign visitors to the United public-private partnership is an ideal

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There is something This bill establishes a Corporation It is where Lewis and Clark, in their we can agree on that is noncontrover- for Travel Promotion, an independent, epic adventure, decided to spend the sial, that makes sense. It creates jobs, nonprofit corporation, with an 11-mem- winter in area about 40 miles north of it expands the economy, and represents ber board of directors appointed by the Bismarck, ND. We celebrated the 200th the best of sending American values Secretary of Commerce. It creates an anniversary, the bicentennial, of the abroad; and that is, the Travel Pro- Office of Travel Promotion in the De- Lewis and Clark Expedition, and we motion Act. partment of Commerce to work with had a lot of people come from around If, perhaps, next week we get to that that nonprofit corporation. It sets up a the world to see that. point, I think the American people will travel promotion fund, financed by a The fact is, every State in this coun- have believed we have done something public-private matching program. Fed- try has something it is anxious to show good. So I am pleased to be the lead eral contributions will be financed by a the world, to say: Look at us. Look at sponsor. We introduced this in the last $10 fee paid by foreign travelers from what we are doing here. Look how Congress and did not get it passed. In visa waiver countries and collected in beautiful this part of America is. this Congress I believe we will. what is called the Electronic System So what has happened is, we have I give my commendation to the ma- for Travel Authorization. been unilaterally disarmed since 9/11, jority leader and thank him for putting Many other countries impose fees for to say: Well, we are worried about who this on the agenda. I give my thanks to people coming and going: Australia, $37 is going to come into this country. We Senator ENSIGN as the lead cosponsor departure fee, an entry fee of $19 to $70; certainly want to keep terrorists out. on the Republican side. But so many Mexico, an $11 departure fee, up to $38; We sure do, absolutely. But that mes- Republicans and Democrats have said: New Zealand, $16 to $19 on the depar- sage ought not be mixed with a mes- Yes, this makes sense. Count us in. We ture fee; United Kingdom, $80 to $160. sage that we do not want to encourage want to be part of expanding this econ- There are a lot of fees around for peo- foreign travelers to come to this coun- omy and creating jobs and giving an ple traveling internationally. We pro- try to vacation and to experience opportunity for the people in the rest pose to fund this with a very modest America. of the world to understand we welcome fee of $10. So at long last a group of us, Repub- them here. This is very simple. It should be non- licans and Democrats, have said: If we The PRESIDING OFFICER. The Sen- controversial. There are many of us disagree on so much, how about if we ator from Minnesota. who have worked on this and worked agree on tourism? Can we agree on pro- Ms. KLOBUCHAR. Mr. President, I very hard. moting travel? To say to the English, am here today to speak in support of My colleague from Minnesota is here, the Italians, the Spaniards, the French, the Travel Promotion Act, which is bi- Senator KLOBUCHAR, who has worked the folks from India and Thailand and partisan legislation. I first want to with us on this legislation. This is a China and elsewhere: You are welcome thank Mr. DORGAN, the Senator from piece of legislation Senator REID has in this country. We want you to come North Dakota. I have visited the Teddy worked on. Senator ENSIGN is the lead to this country. We want you to see Roosevelt Park, and I want to thank Republican cosponsor. Other cospon- what our country is about? him for his great leadership on this bill sors include Senator MARTINEZ and To experience this country is to have over many years. I also want to thank Senator NELSON of Florida. We have co- a sense of wonder about the greatest Senator ENSIGN for his leadership. I be- sponsors across the political spectrum democracy, the most significant and lieve this legislation will help our because this issue of asking people longest surviving democracy on Earth. economy to do better, to create jobs from around the world to come to We want them to go home with that without any taxpayer expense. America is not controversial and bene- understanding of what a great country As the chair of the Commerce Sub- fits every State. It cannot possibly be this is. That is what we want. committee that includes tourism, I re- partisan, and it certainly is job cre- By the way, we do not believe our cently held a hearing—a well-attended ating. nearest neighbors—Mexico and Can- hearing—with many Senators and peo- Now here is what some newspapers ada—are irrelevant. We have a lot of ple there to examine the state of our around the country have said about the people coming from Mexico and Can- tourism industry during these troubled legislation. ada, and God bless them. They are economic times. I want to thank my The Sacramento Bee: great neighbors. We welcome them. We ranking Republican member, Senator This country needs to reclaim its status as are told they spend, on average, about MARTINEZ. We did it together. I also a global magnet for visitors . . . and Con- $900 per trip. held a field hearing in Duluth, MN, to gress can help by passing the Travel Pro- The foreign travelers from overseas, highlight the importance of tourism to motion Act. by contrast, spend about $4,500 per trip. midsize and smaller towns in the The Los Angeles Times: That is why this is such an unbeliev- United States. Considering that the U.S. spends hundreds able job generator. People who come During the hearings, we heard about of millions of dollars on public diplomacy here and spend significant money and the importance of tourism and travel with dubious results and nearly nothing on purchase the hotel rooms and the rent- to our economy and the urgent need to promoting tourism, we might do well to in- al cars and go to the tourist attrac- increase international travel to the vest a little money in wooing travelers. tions and do the things people who United States. The Detroit Free Press: want to experience America routinely As the Presiding Officer, Senator Doesn’t it make sense to encourage—at no do not only create a lot of jobs and UDALL, knows, coming from Colorado, cost to taxpayers—foreign visitors to come boost economic activity, but their America has so much to offer our trav- here and leave us some money? There’s no travel also gives us the opportunity to elers: whether it is the mountains of good reason not to pass this bill. show the rest of the world this is an ex- Colorado or—Senator KAUFMAN is The Dallas Morning News: traordinary place where they can go here—the beaches of Delaware or the The Travel Promotion Act is a sensible home and tell their neighbors they just stunning national landmarks, such as first step toward putting the welcome mat went to one of the greatest places on the Grand Canyon, Mount Rushmore, back on America’s doorstep. Earth. and the Statue of Liberty or the And the list goes on. So as to the Travel Promotion Act of oceans, lakes, and rivers or our moun- I do not come from Hawaii or Florida 2009, my hope is—after having battled tains, forests, and beaches or our sce- or California, I come from the northern here on so many different issues, and nic country towns or the bright lights Great Plains. And we have a lot of having cloture votes on everything, of the big cities or centers of fun and

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.048 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6528 CONGRESSIONAL RECORD — SENATE June 11, 2009 entertainment such as Las Vegas or the banquets and for the business trav- Mr. KAUFMAN. Mr. President, I ask Disney World or Duluth. elers. These are real jobs in America. unanimous consent to speak in morn- From the heartland to the coasts, This has always been a country that ing business for 25 minutes. every State has an economic stake in has opened its arms to people from The PRESIDING OFFICER. Without the tourism industry, which is now a around the world. That is why we are objection, it is so ordered. major part of the American economy. so great. We have to bring that back. f Throughout the United States, many We have to bring people in to visit this NOMINATION OF SONIA communities have discovered and de- country. SOTOMAYOR veloped the economic potential of trav- The Travel Promotion Act will do el and tourism. just that. By boosting travel to the Mr. KAUFMAN. Mr. President, I rise I keep using the example of Duluth United States it will also give a boost today to discuss President Obama’s because at some point in the 1970s, the to our economy. So it is a win-win for nomination of Sonia Sotomayor to be economy was so bad there they actu- the tourism industry, for jobs for an Associate Justice of the U.S. Su- ally had a billboard, so when you drove America, and for the American people. preme Court. out of town, it said: The last one to Senator DORGAN went through the Judge Sonia Sotomayor has impec- leave, please turn off the lights. bill. I do want to emphasize that not cable legal credentials and a record of Well, that billboard is not there any- only will this consist of travel pro- excellence and integrity. Equally im- more, as tourism is the biggest part of motion and promoting our country, portant, she has the experience not their economy, on beautiful Lake Su- like other countries have been doing only to make an excellent Justice but perior, with beautiful museums and an for years that have been leapfrogging also to have a significant impact on a aquarium and a children’s museum. It us in this market, additionally, this Court that today reflects too narrow a has changed the life of that town. legislation will establish the Office of slice of America. Tourism creates good jobs that cannot Travel Promotion in the Department of Judge Sonia Sotomayor’s deep appre- be outsourced. Commerce to work with the Corpora- ciation for how the law affects the lives Mr. President, one out of every eight tion for Travel Promotion and the Sec- of ordinary Americans is born from her Americans is employed in our travel retaries of State and Homeland Secu- compelling personal background, as economy. Each year, travel and tour- rity to encourage travel and to make well as her time as an assistant district ism contribute approximately $1.3 tril- sure international visitors are proc- attorney, a commercial litigator, and lion to the American economy. Inter- essed efficiently. later as a judge. Once confirmed, she will become the national visitors, as Senator DORGAN It does not cost taxpayers a cent, as first Hispanic Justice, and just the just noted, spend an average of $4,500 Senator DORGAN pointed out, and third woman, to serve on the Nation’s per person. economists expect it to generate bil- highest Court. In economic terms, international lions for our economy. What are we to make, then, of the as- tourism to the United States counts as According to an analysis by Oxford saults on the character and record of an export. Instead of shipping our prod- Economics, this tourism program is es- this seemingly exemplary nominee? uct to a customer overseas, the cus- timated to attract 1.6 million new Unfortunately, they seem to be a tomer is coming here to spend money international visitors annually and remnant of more than two decades of on our goods and our services. create $4 billion in new spending in our ‘‘culture wars’’ over Supreme Court Last year, travel and tourism exports country, creating 40,000 new jobs. nominees. accounted for 8 percent of all U.S. ex- We know we need to bring back busi- As someone who was present for the ports and 26 percent of all U.S. services ness travel. We should not let a few bad beginning of these wars, I have seen exports. In fact, tourism is one of the actors influence the decisions of good them develop into elaborate political few economic sectors where we enjoy a companies around this country. We dances, where both sides trade charges substantial trade surplus. know we have to look, this summer, for that are predictable and often baseless. Travel is a part of the fabric of our affordable deals for our families, and Some of these attacks, such as State and our country. But over the people are staying close to home. We charges of racism and bigotry, deeply past decade, we know it has been want our Minnesotans to go fishing in undermine our national dialog. stretched to the brink. While more peo- Minnesota. I am encouraged to note that my col- ple around the world are traveling, a I say to the Presiding Officer, I would leagues on the other side of the aisle smaller percentage of them are visiting love to ask you if you know how much have chosen not to join in these at- the United States. money people spend alone in Minnesota tacks, and many, in fact, have con- This is not just about our troubled on bait and worms every year. I will demned them. economy right now. This was going on tell you the answer. It has probably Other attacks are equally predict- long before that. It actually started never been uttered before in this Cham- able, from the general charge of ‘‘ex- after 9/11, where, for good reasons, se- ber: $50 million a year. Minnesotans tremist’’ to particular instances of po- curity measures were put in place. But and visitors to our State spend $50 mil- litical ‘‘gotcha’’—wrenching state- some of those good reasons have turned lion a year on bait and worms for rec- ments out of context in order to paint into very difficult times for tourists to reational fishing—just to give you an a distorted picture of the nominee’s come to this country, and that needs to idea of what we are talking about when record. be fixed. That is part of this bill: to we talk about tourism spending. At some level, partisan assaults are make it easier for tourists to visit our I strongly urge my colleagues to sup- expected in the Supreme Court nomi- country. port this important piece of legisla- nation process. But in the case of Since 2000, the U.S. share of the tion. I am proud to be a cosponsor. I Judge Sotomayor, they are especially world travel market has decreased by look forward to working on this bill on divorced from this body’s good-faith nearly 20 percent, costing us hundreds the floor in the days to come. exercise of its duty to advise and con- of thousands of jobs and billions of dol- f sent. lars in revenue. It is one thing to attack a nominee’s Last year, nearly 200,000 travel-re- MORNING BUSINESS judicial philosophy when the President lated jobs were lost. The Commerce De- Ms. KLOBUCHAR. Mr. President, I is trying to reshape the Court based on partment predicts we will lose another ask unanimous consent that the Sen- judicial philosophy, when the balance 247,000 jobs this year. Remember, this ate proceed to a period of morning of the Court is at stake, or when the is not about airport CEOs. This is business, with Senators permitted to Senate and the President are deeply di- about the janitors who work at the air- speak therein for up to 10 minutes vided. ports. This is about the maids who are each. None of those situations apply to this doing the beds. This is about the wait- The PRESIDING OFFICER. Is there nomination. resses who are working at the res- objection? Judge Sotomayor is a well-qualified, taurants. This is about the people who Without objection, it is so ordered. mainstream jurist who does not threat- do the flowers for the hotels and for The Senator from Delaware. en to tip the balance of the Court and

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.051 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6529 who is likely to be confirmed by a sub- The kind of judicial activism manifested in a century of precedent because the ma- stantial majority. such cases represents such a radical depar- jority of its members decided to em- Although these partisan attacks take ture from the proper role of this Court that brace a particular economic theory dif- many forms, today I would like to ad- it should be opposed whenever the oppor- ferent from the one that prevailed at tunity arises. dress one persistent, unhelpful, and the time the Sherman Antitrust Act often baseless charge—that of so-called With the addition of Chief Justice became law. ‘‘judicial activism.’’ Roberts and Justice Alito, the conserv- I want to mention one final example What is especially unhelpful about ative majority of the current Court has of conservative judicial activism, calling someone a judicial activist is continued to be highly activist, even though there are plenty more I could that many times it is an empty epi- though the two newest Justices are not cite. thet, divorced from a real assessment always candid about what they are Pending before the Supreme Court of judicial temperament. doing. right now is a case that involves a con- As conservative jurist Frank In fact, that charge has been leveled stitutional challenge to section 5 of the Easterbrook puts it, the charge is against Justices Alito and Roberts by Voting Rights Act. As my colleagues in empty: no less an authority than Justice this body know, section 5 requires Everyone wants to appropriate and apply Scalia. some States and political subdivisions, the word so that his favored approach is In the campaign finance case, Fed- because of a history of racial discrimi- sound and its opposite ‘‘activist.’’ Then ‘‘ac- eral Election Commission v. Wisconsin nation, to ‘‘pre-clear’’ new voting rules tivism’’ just means judges behaving badly— Right to Life, the Court struck down with either the Justice Department or and each person fills in a different definition key provisions of the Bipartisan Cam- a Federal court. of badly. paign Reform Act, again substituting The claim made by the Texas voting In other words, the term activist, its view of good public policy for that district in the case seems to be that when applied to the decisions of a Su- of Congress. section 5 has outlived its usefulness. preme Court nominee, is generally But this was more than a failure to Before voting to reauthorize the Vot- nothing more than politically charged defer to a democratically elected body. ing Rights Act in 2006, the Congress un- shorthand for decisions that the ac- The Court effectively overruled con- dertook an extensive and thorough re- cuser disagrees with. trolling precedent—McConnell v. view of the current nature and extent That is not to say that the term ‘‘ju- FEC—while pretending that it was of discrimination against minority vot- dicial activism’’ is necessarily without doing no such thing. Justice Scalia ers, and of the continued need for sec- content. If we want to take it seri- called this ‘‘faux judicial restraint.’’ tion 5. ously, it might mean a failure to defer In much the same vein, in a case It held 21 hearings and accumulated to the elected branches of government, called Hein v. Freedom from Religion 16,000 pages of testimony over the it might mean disregard for long-estab- Foundation, Justices Roberts and Alito course of 10 months. And at the end of lished precedent, or it might mean de- were part of a majority that in effect that process, Congress concluded that ciding cases based on personal policy overruled longstanding precedent on section 5 is still necessary, and passed preferences rather than the law. taxpayer standing, while again claim- the bill by a vote of 98-to-0 in the Sen- I think it is fair to say that based on ing that they were not doing so. ate and 390-to-33 in the House. any of these definitions, the Supreme Though the Court has not yet ruled Again, Justice Scalia called their Court’s current conservative majority in this case, the questioning from the bluff, attacking Justice Alito’s opinion has been highly activist. bench during oral argument should for falsely claiming to honor stare de- Let me give just a few examples. give us concern, and does give us more cisis. In United States v. Morrison, decided evidence of conservative judicial activ- Of course, in both cases Justice in 2000, the Rehnquist court struck ism. down a key provision of the Violence Scalia wanted to overrule the cases in Some members of the conservative Against Women Act. Rather than de- question expressly, but at least he was wing of the Court, including Justices ferring to the considered judgment and honest about his intentions. Scalia and Roberts, suggested by their extensive fact-finding of a democrat- Then there’s Parents Involved in questions that they intend to disregard Community Schools v. Seattle School ically elected Congress, the Court went the entire CONGRESSIONAL RECORD. out of its way to impose its own judg- District No. 1. In discussing the provisions of the ment. This body held extensive hear- In that case the Court rejected local act that allow jurisdictions to ‘‘bail ings, made explicit findings, and voted community authority in the area of out’’ of section 5 coverage, by showing 95 to 4 in favor of the bill. An activist voluntary integration of public that they no longer need to be covered, Court chose to ignore all that and sub- schools. Chief Justice Roberts’ plu- Justice Scalia argued that bailing out stitute its own, constricted view of the rality opinion for the four-person con- was impractical. proper role of the national government servative bloc gave the back of the When the attorney for the United for that shared by both Congress and hand to a long line of desegregation States explained that Congress had the States. precedents, beginning with Brown v. considered and rejected that argument, That same year, the Court decided Board of Education. Justice Scalia responded: ‘‘The ques- Kimel v. Florida Board of Regents. The Remember that this is the same Jus- tion is whether it is right, not whether five-Justice majority concluded that tice who, during his confirmation hear- Congress rejected it.’’ So much for def- States could not be sued by private ing, repeatedly professed his allegiance erence to legislative fact-finding. citizens for age discrimination without to stare decisis. What makes this apparent substi- their consent because of a general prin- If not for the opinion concurring in tution of a justice’s assessment of the ciple of sovereign immunity. the judgment by Justice Kennedy, facts for that of Congress particularly This is another decision that was, si- communities that want some modest troubling is the language of the Con- multaneously, ‘‘conservative’’ in terms measure of racial integration in their stitution itself. of policy outcome and ‘‘activist’’ in schools would be virtually powerless to Remember that congressional au- terms of judging. act. thority for the Voting Rights Act It was conservative because it ex- Another recent case, this time in the comes from the 15th amendment, which panded States rights and contracted anti-trust area, again shows that activ- not only guarantees the right of citi- antidiscrimination rights. ism is in the eye of the beholder. In zens of the United States to vote, but It was activist both because it struck Leegin v. PSKS, the Court, with the also says in section 2. ‘‘The Congress down the considered judgment of Con- addition of Justices Roberts and Alito, shall have power to enforce this article gress and because it was based not at overruled 96 years of unbroken prece- by appropriate legislation.’’ all on the text of the Constitution but dent on vertical price-fixing. So here we have Congress operating instead on the policy preferences of This case, plain and simple, rep- at the height of its power, and mem- five Justices. resents the elevation of big manufac- bers of the Supreme Court seeming to In his dissent in Kimel, Justice Ste- turers’ interests over those of the con- want to decide the case based on their vens said: sumer. And this Court rejected nearly own view of good policy.

VerDate Nov 24 2008 01:24 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.028 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6530 CONGRESSIONAL RECORD — SENATE June 11, 2009 I think I have given enough examples of the aisle will be able to question a slow growth in incomes and con- to suggest that judicial activism is a Judge Sotomayor directly and pub- tinuing high growth rates for health two-way street. licly. care costs; an intermediate case where As my Judiciary Committee col- Because Supreme Court Justices are there would be some faster growth in league from Oklahoma said during the not elected but rather appointed for incomes but a lower growth rate for confirmation hearing for Chief Justice life, the qualifications of every nomi- health care costs; and the best case Roberts, ‘‘We each have our own defini- nee should be carefully examined, not would be where there is full employ- tion of judicial activism.’’ only by Senators but also by the public ment, faster income growth, and even So what does the ‘‘activism’’ charge at large. slower growth in health care costs. add to the debate? I would say, very This is the time when the public Under all three scenarios, the report little. should be and will be paying close at- showed a tremendous strain on busi- Let’s take a look at the charge that tention. We do not do ourselves, or the ness owners and their employees over Judge Sotomayor is a judicial activist. public, any favors if we rely on mean- the next decade if no reform is enacted. To support that claim, critics point ingless labels left over from the culture If health care reform is not enacted, to a single, much-publicized case in- wars. the report projects that within 10 volving New Haven firefighters. But Mr. President, I urge my colleagues years, the cost of health care of a busi- this attack is not only disingenuous it to reconsider what the charge of ‘‘judi- ness can double from approximately is upside down. cial activism’’ brings to our debate. $430 billion for employee premiums in In that case, Judge Sotomayor was Judge Sotomayor deserves our care- 2009 to $885 billion in 2019. Even in the part of a 3–0 decision based on settled ful consideration, but I hope that my best case scenario, employer spending circuit court precedent. colleagues here in the Senate will con- on health insurance premiums would Her panel’s decision supported the tinue to abstain from the culture wars rise by 72 percent. This would most likely result in trial court judge’s ruling and the deci- and name calling that too often have fewer Americans being offered em- sion of the local government regarding characterized our judicial nominations ployer-sponsored insurance, with a the best way to determine promotions over recent years. likely drop from 56 percent of employ- for firefighters. f ees getting coverage through their em- Later, a majority of the entire court ployer in 2009 to as few as 49 percent by of appeals ruled to let the panel’s deci- HEALTH CARE REFORM Mr. KAUFMAN. Mr. President, I wish 2019. sion stand. If no changes are made, and the num- to speak today about reforming our There is no doubt that the case ad- ber of people with employer sponsored health care system. As I said last week, dresses a difficult set of issues, and insurance continues to decrease, that that the Supreme Court may come out most Americans are satisfied with the also means the ranks of the uninsured the other way, though likely by a health care they receive, but if we will increase. And the projections are razor-thin margin. want to maintain and improve the not pretty. But Judge Sotomayor’s decision to quality of affordable health care, we Under the same scenarios, the num- defer to the democratically account- need to act now. We must get health ber of uninsured will reach just over 53 able, local New Haven government and care costs under control while pre- million under the best case and as high rule along with the majority of her serving choice. We must reform health as 66 million under the worst case. court not to upset settled precedent care to make it more affordable for Unfortunately, when those without cannot meet any definition of judicial businesses and patients and less cum- insurance do receive care—most likely activism. In fact, the complaint seems bersome for providers. Health care rein an emergency room—the costs for to be that she was not activist enough. form has been delayed for too long, and treating them are passed on to those of The truth of the matter is that Judge it cannot wait any longer. us who are fortunate enough to have Sotomayor, far from being an extrem- If anyone needs reasons as to why health insurance. ist, is very much in the mainstream. health care reform is necessary, all Providers and hospitals charge insur- Other than the firefighters case, she they have to do is read some of the ers more for the services provided to has decided 88 cases involving claims of studies that have been released re- patients who do have health insurance race discrimination while on the court cently that show the dire consequences to make up for the cost of treating the of appeals. In 78 of those cases, Judge for our health care system and our uninsured. Sotomayor and the panel rejected the economy if we refuse to act. For exam- These cost shifts result in a ‘‘hidden claim of discrimination. ple, if we allow the status quo to per- tax’’ of higher premiums for patients Of the 10 cases favoring claims of dis- sist, the White House Council of Eco- and businesses. crimination, 9 were unanimous, and of nomic Advisers has estimated that the Right now, this hidden tax results in those 9, in 7 the unanimous panel in- sheer gross domestic product devoted an increase of about $1,000 for pre- cluded at least one Republican-ap- to health care will rise from 18 percent miums for family coverage. in 2009 to 28 percent in 2030 and 34 per- It is time for reform. pointed judge. Over the last decade, Americans have I am not so naive as to believe we can cent in 2040. This trajectory is simply watched their health insurance pre- unsustainable. eliminate entirely the partisan exploi- miums double at a growth rate six Businesses in America have to com- tation of the confirmation process. times faster than their wages, threat- pete against companies from other Maybe, though, we can put to rest ening their financial stability. the tired and un-illuminating charge of countries. Many of these foreign com- If we do not reform health care, if judicial activism. panies pay nothing for health care for health care premiums continue to rise After all, that charge is rarely meant their workers or retirees. Others pay at 4 percent per year, in 2025 premiums as a genuine claim about the exercise far less than what many of our larger for family coverage will cost more than of judicial power. Instead, it is gen- corporations pay. This puts many of $25,000 per year. erally just an established part of an our businesses at a disadvantage in the Can you imagine how that dollar elaborate and tired script, a claim that global marketplace. amount will affect American families? we can expect no matter who the nomi- A recent report by the Robert Wood On top of this, a recent study pub- nee may be. Johnson Foundation and the Urban In- lished in the American Journal of Med- So let’s focus on substance rather stitute reiterates the pressure that icine showed that bankruptcies involv- than empty code words. Let’s debate American businesses face in supplying ing medical bills now account for more the quality and merits of Judge health care benefits to their employ- than 60 percent of U.S. personal bank- Sotomayor’s judicial philosophy and ees. These researchers prepared anal- ruptcies, an increase of 50 percent in approach rather than hurl epithets or yses using a simulation model esti- just 6 years. And it is not the unin- engage in demagoguery. mating how coverage and cost trends sured that is driving this increase. Next month, the Judiciary Com- would change between now and 2019. In fact, more than 75 percent of fami- mittee will hold a confirmation hear- Looking at three different scenarios, lies needing to enter bankruptcy being, at which Senators from both sides the worst case would be where there is cause of health care costs actually

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.029 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6531 have health insurance. Most are middle But there are too many Americans Mr. President, it is time for reform class, well educated, and own their who do not have real choices when it that protects what works and fixes homes. comes to health insurance, especially what is broken. They just cannot keep up with the those who live in rural areas. It is time to reform health care so alarming rise in out-of-pocket costs as- In addition, many large urban areas that American businesses can afford to sociated with medical care. are dominated by one or two insurers offer health care to their employees. It is time for reform. that serve more than 60 percent of the It is time to reform health care so Our current health care system is market. In fact, there are seven states that all Americans have access to qual- rampant with bureaucracy, ineffi- where one insurer has over 75 percent ity, affordable care, regardless of pre- ciency and waste. of the market share. existing medical conditions. An example of this is the amount of A public option can help Americans It is time to reform health care so time physicians must spend filling out expand their choice of an insurance that physicians and other providers various forms required by insurance provider. have less redtape to deal with and more plans. A public option could take various time to spend with patients. A national survey of physician prac- forms, and I think the committees are It is time to reform health care so we tices found that, on average, doctors the proper place to determine the ap- place a higher priority on prevention are spending 3 hours per week—the propriate contours of a public option. and wellness, saving lives as well as equivalent of 3 workweeks per year But I want to point out again that money. just on administrative tasks required right now, today, there are more than It is time to reform health care so all by health plans. 30 State governments that offer their Americans can compare the costs and The study showed that the cost of employees a choice between traditional benefits of different health insurance interacting with insurance plans private insurance and a plan that is policies. amounts to $31 billion annually and ap- self-insured by the State. Some States And, it is time to reform health care proximately 7 percent of all U.S. ex- have had them for more than 15 years. so Americans have more choices and penditures for physician and clinical In these 30 States, the market share can retain the right to choose their services. of the self-funded plans within the mar- own doctors. More importantly, on a personal ket for State employees typically For all these reasons and more, it is level, this is 3 weeks less time annually ranges from 25 to 40 percent. This time for health care reform. that physicians have to spend with shows a healthy competition between Mr. President, I yield the floor and their patients discussing their treat- the public option and private insurers, suggest the absence of a quorum. ment options, explaining the pros and not domination by either type of in- The PRESIDING OFFICER (Mr. cons of various procedures, learning surer. MERKLEY). The clerk will call the roll. the fears and anxieties of their pa- And I want to point out that these The assistant legislative clerk pro- tients, furthering the patient-doctor arrangements do not seem to be a prob- ceeded to call the roll. relationship. lem or incite ideological issues at the Mr. ALEXANDER. Mr. President, I It is time for reform. State level. We have attempted to reform our ask unanimous consent for the quorum Why then, should it be so when dis- health care system several times in the call to be rescinded. cussing health reform on a national past to no avail. But this year it is dif- The PRESIDING OFFICER (Mr. level? BURRIS). Without objection, it is so or- ferent. A public option can go a long way in This time, the call for reform is com- dered. bringing more innovation to the deliv- ing from people and organizations that ery system and introducing new meas- f previously opposed reform. ures to reduce cost and improve qual- This time, because of the reasons I SMALL NUCLEAR REACTORS have mentioned, businesses, along with ity. A public option can serve as a bench- Mr. ALEXANDER. Mr. President, I unions that represent their workers, mark for all insurers, setting a stand- would like to report a tremendous his- are asking for reform. toric development in the ability of our This time, patient advocacy organi- ard for cost, quality and access within country to have clean air, an effective zations and provider groups are calling regional or national marketplaces. way to deal with climate change, and for health reform. It can have low administrative costs enough low-cost, reliable electricity to Make no mistake, reforming health and can have a broad choice of pro- help keep jobs in this country. Yester- care is not an easy task, and it is one viders. It can give Americans a better day I attended a press conference from that will require true compromise from range of choices, make the health care a company, Babcock & Wilcox. Also in- everyone across the ideological spec- market more competitive, and keep included was the Tennessee Valley Au- trum. surance companies honest. But it is a task that must be done. And again, the key to all this is that thority. The company and TVA an- Our country, and the health of its a public option will be just that, an op- nounced that Babcock & Wilcox will citizens as well as the economy, cannot tion, not a requirement. soon make an application to the Nu- afford to maintain the status quo. Some people will choose it; others clear Regulatory Commission for per- Next week, the members of the Sen- will not. If you like the insurance plan mission to start building and selling a ate Health, Education, Labor and Pen- you have now, you keep it. small nuclear reactor that can be built sions Committee and the Senate Fi- If you are happy with the insurance in a factory, shipped by railway to a nance Committee will begin delibera- you get with your employer, or even site, and put together like Lego blocks tions on legislation to reform health the individual insurance market, you at the site. The nuclear reactor is a care. stay enrolled in that insurance plan. 125-megawatt reactor. That compares As the members of these committees And if you are unsatisfied with the with the large nuclear plants, of which gather to discuss and ultimately mark public option, you have the option to we have 104 today in the United States. up legislation, I want to take this op- switch back to private insurers. Those plants produce, on average, 1,000 portunity to again voice my support Americans firmly support the ability megawatts of electricity. This would be for a public option in a menu of insur- to choose their own doctor and value 125. So the real prospect exists that we ance options from which people may their relationships with their pro- will be able to have, in this country, choose. viders. So do I. It is key to any health nuclear reactors for electricity that I believe a public option is impera- care plan that Americans have a right might cost as little as one-tenth as tive in providing a true choice for all to choose their doctor. much to build, can be built in 3 years Americans. An overriding goal of health reform instead of 6, and will produce, as I said, Let me stress: this would be a purely is to increase a patient’s access to af- 125 megawatts instead of 1,000—making voluntary option. fordable, quality health care—offering it easier to integrate them into our If you like your current plan, you a public option can help increase electric grid—and can be built in a fac- keep it. Americans’ choices. tory and shipped to a customer.

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.033 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6532 CONGRESSIONAL RECORD — SENATE June 11, 2009 The reason I am excited about this ville, where I am from in Tennessee. comes from our older plants, the ones prospect is it has a real chance of hap- Why is it closed? The cost of the elec- we built more than 30 years ago. They pening. No one has built more small re- tricity. What will open it? A 20-year produce 20 percent of our electricity actors in the world than Babcock & contract on low-cost, reliable elec- today and 70 percent of our clean elec- Wilcox, and the Tennessee Valley Au- tricity. If we say to the Alcoa plant: tricity. But for 30 years we have not thority is the largest public utility in We will sell you a lot of wind power, been building them. the United States and the only utility they will say: But the wind doesn’t In the meantime, France—that we in the United States that is currently blow in our area. If we say: We will sell don’t usually like to emulate—has. building a nuclear powerplant. you solar power, they will say: It is France is 80 percent nuclear, and they Republicans and, I am sure, many four times as much and we might like have among the lowest carbon emis- Democrats, but certainly Republicans to operate a night shift and you can’t sions—that contribute to global warm- in the Senate and the House, unani- store it. ing—in the European Union and among mously believe our goal as a country But what we will be able to say, in the lowest electric rates in the Euro- ought to be to build 100 new large nu- light of this new development we heard pean Union. They are even selling elec- clear powerplants over the next 20 about yesterday—we can say to the tricity to Germany, which has invested years, while we figure out renewable Alcoa plant, we can say it to Eastman money in solar energy and windmills electricity. The reason we want to do Chemical in Kingsport, we can say it to and stopped nuclear but has found they that is we want to deal with climate the two plants making materials for do not have enough electricity to keep change. We want clean air, but we want solar cells: We can move in a 125-mega- their jobs. to be able to keep jobs here at the same watt nuclear reactor, put it near your India and China, with our help, are time. If climate change is the incon- site, and supply all the low-cost, reli- building nuclear powerplants because venient problem, nuclear power is the able electricity you need. they want clean, reliable electricity at inconvenient solution. Another use for this new reactor a low cost. Why is that? Climate change is could be to help us clean up our coal We have appropriated money to help caused by carbon that comes from coal plants. We have a clean air problem in do that and sign treaties to help do plants and from a variety of other Tennessee, as does much of America. I that. Now even our President said the sources. Forty percent of the carbon am very much hopeful the Environ- other day that Iran has a right to build that is produced in the United States mental Protection Agency or the Con- nuclear powerplants. Well, if Iran has a comes from coal-fired powerplants. But gress or some combination will rein- right to do it, why don’t we do it? We if we are looking for a way to produce state the CAIR rule to deal with nitro- invented it. We are the ones who want electricity in a way that is pollution gen and sulfur and mercury, for our low-cost, clean electricity. Let’s go free and carbon free, 70 percent of all health in this country. ahead and do it. So it will be 20 years, the pollution-free, carbon-free elec- The small reactor might be used as a but it takes a long time to get one of tricity we have today comes from our substitute for coal plants. Some of the those projects through the Nuclear nuclear plants. Six percent of our clean coal plants we have in the TVA system Regulatory Commission. I mentioned electricity comes from the Sun, the and around the country are very old there were 17 applications. It takes an- wind, and the Earth. and very dirty. The newest ones are other 5 or 6 years after you get through One day it may be that we are able to much more efficient and a lot cleaner. the 2- or 3-year process at the Nuclear make more of our electricity from the It might make sense to take the nu- Regulatory Commission to build these Sun, the wind, and the Earth. But at clear reactor, the small one, and put big plants. So that is a long ways. the moment, not much is available. It two of them together where an existing If you are a utility and all you really is expensive and the Sun is only avail- coal plant is. There are a lot of possi- need is 300 new megawatts to meet able when the Sun shines and the wind bilities for this. Instead of 100 nuclear growing demand, this new, more flexi- is only available when the wind blows. plants in 20 years, we may have an- ble approach—this smaller reactor—is If you are wanting to operate your other option. We may be able to have going to lower costs and open the door computer, or manufacture an auto- 400 or 500 small nuclear reactors in 20 to more widespread use of nuclear mobile in Illinois or Tennessee, or turn years. They may be 125 megawatts here power. It will help us achieve the goal on your light at night, you don’t want or two together or three together. of building 100 new nuclear powerplants to have to pray that the wind is blow- My fellow Tennessean, Al Gore, who in the next 20 years in order to deal ing or that the Sun is shining. You won the Nobel Prize for his campaign with climate change. want reliable, low-cost electricity. on the dangers of global warming, has To those who are still skeptical of In Tennessee, we are excited about a line he often uses about nuclear nuclear power, we must say, if global the prospect of, one day, solar energy power. ‘‘Nuclear power may have a role warming is an inconvenient problem, making a bigger difference in our elec- to play,’’ Al says, ‘‘but unfortunately, then nuclear power is the inconvenient trical grid. In fact, two big new plants nuclear reactors come only in one solution. have moved into our State to make size—extra large.’’ Babcock & Wilcox and TVA have polysilicon, which is the product that Until yesterday, you couldn’t dis- shown us this new approach. They have goes into the solar cells that go on the agree with the former Vice President. proposed a reactor that can be built in top of your house. Each of those plants Ever since President Eisenhower a factory in 3 years, shipped to the site uses 120 megawatts of electricity. beached a 65-megawatt Navy sub- on rails, and fit together like Lego Where will they get that electricity? marine reactor at Shippingport, PA, in blocks. That is a very original idea. One reason they are in Tennessee is be- 1967, under the Atoms for Peace Pro- The larger reactors are still going to be cause the TVA supplies a lot of low- gram, we have been building reactors necessary. We are going to need the cost, reliable electricity. That comes bigger and bigger. Most of the ones on power. But as B&W and the TVA have from coal and nuclear power and a lit- the drawing board today, as I men- reminded us, there is more than one tle bit from natural gas in our State. tioned, are at least 1,200 megawatts. I way to skin a cat. What we are seeing That is pretty much the way it is believe we have 17 applications now for here today is what the business schools around the country. Solar power is not new nuclear powerplants. Also, one is call a disruptive technology. I hope the yet low-cost, reliable electricity. You being built right now and that is com- public and the press will appreciate can’t run the plant making the solar pleting an old plant at Watts Bar. how the Tennessee Valley Authority is energy products on solar power or wind We have not built a traditional large fulfilling its mission as a public utility power today. One day we may, but in nuclear power plant from start to fin- by taking such a progressive stance on the meantime, while we are trying to ish in the last 30 years in the United technology. rebuild the auto industry in Michigan States. That is quite an irony. We in- America’s nuclear technology has and Illinois and Wisconsin and Ten- vented the technology. We have used it been falling behind. Of that, there is no nessee, we want low-cost, reliable elec- successfully since the 1950s and with- doubt. The French, the Japanese, and tricity. We want our Alcoa plant to out incident in our nuclear Navy. the Russians are all selling reactors stay open in Blount County, in Mary- Twenty percent of our electricity out in the world, to India and China

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.054 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6533 and other places. This is going to make You have the wind and you have the the same time have low-cost, reliable them sit up and take notice because Sun, but you still need either the coal electricity in large amounts so that we the concept we saw yesterday is perfect plant or the nuclear plant. So I believe can keep our jobs here. for developing nations that do not have there is a place for wind: far offshore, There is one other aspect to this that the infrastructure to handle the larger the middle of Lake Michigan, or in I ought to mention. As we talk about reactors. It is perfect for small towns parts of the wind corridor. I believe the different forms of energy, people and factories all over America that there is a great future for solar because worry that so much of what it takes to may need only 125 megawatts and can- solar power comes during the peak build the wind turbines or the solar not afford something larger. It is what times, during the day when we can use plants or even the large nuclear plants, is called ‘‘distributed generation’’— it. Perhaps we can use our rooftops to and how they may be manufactured producing electricity onsite instead of provide the space. So we think that is overseas and that the jobs are there wheeling it from deserts or mountain- more promising for our area. I think and not here. All of the jobs for the tops hundreds or thousands of miles biomass is useful, but I have already small nuclear reactors will be in the away. As the old saying goes, ‘‘Small is expressed how large an area it would United States—virtually all of them. beautiful.’’ take to produce a little electricity. So this is not only American-made en- One of the things we are going to And we might be able to get a few hun- ergy, all of the parts that go to build- have to face as we think about what dred megawatts out of the Mississippi ing what I hope will be hundreds of kind of electricity we want for the fu- River by putting turbines in the water. these small reactors over time can be ture is the landscape of America. You So how are we going to reindustri- made and will be made right here in know, landscape is a part of our envi- alize America over the next 25 years? the United States. ronment as well, and the landscape be- How are we going to keep those auto I yield the floor, and I suggest the ab- comes a real concern. When we look at suppliers and assembly plants and alu- sence of a quorum. the energy sprawl that could be created minum plants and even the new plants The PRESIDING OFFICER. The by some of the renewable energy making solar in our country if we have clerk will call the roll. projects, it takes a lot of space to sky-high costs of unreliable elec- The legislative clerk proceeded to produce a little bit of electricity. tricity? We need another option. call the roll. For example, a big nuclear plant can While we are cleaning up the coal be located on about 1 square mile. That Mr. THUNE. Madam President, I ask plants, while we are figuring out re- unanimous consent that the order for is one that produces 1,000 megawatts. newable electricity, we now have an- To get that much electricity from bio- the quorum call be rescinded. other way to skin the cat; that is, the The PRESIDING OFFICER. Without mass, which means woodchips or dead small nuclear reactor, 125 megawatts. trees, you would need a forest the size objection, it is so ordered. That is about the size of electricity Mr. THUNE. Madam President, I ask of the Great Smoky Mountains Na- that is produced by Fort Loudoun Dam tional Park—that is 550,000 acres—and unanimous consent that I be allowed to in our State. It is significant, but it is speak as in morning business. the number of trucks that would be a lot smaller than the big ones we are coming in and out to haul the stuff in The PRESIDING OFFICER. Without used to. objection, it is so ordered. and back out would be in the hundreds What I really hope is that when (The remarks of Mr. THUNE per- every day. You would be talking about Americans see this user-friendly reac- taining to the introduction of S. 1242 millions of tons of woodchips and dead tor sitting underground—that is an- are printed in today’s RECORD under trees a year. So that is for just one big other aspect: A lot of it, including the ‘‘Statements on Introduced Bills and nuclear plant equivalent of electricity. storage of the waste, goes underground. Joint Resolutions.’’) On the other hand, to create the same Another aspect is it is only two stories amount of electricity from wind tur- tall. Most people think nuclear plants, f bines that you would get from one nu- the big ones—they see these big cooling HEALTH CARE REFORM clear plant, you would have to cover towers. That is to cool the water that Mr. THUNE. Madam President, I about 270 square miles. has to be used. But these small ones wish to say I have great concern not In our part of the world, in the foot- are air-cooled, so they don’t use much hills of the Great Smoky Mountains, just about the ownership interests the water. That is a great advantage. And Federal Government already has in fi- we do not really want to see these 50- they are not an eyesore, they are two nancial institutions and in auto com- story towers with blades that are as stories tall. I mean, remember, the panies and in insurance companies but long as football fields, with flashing wind turbines are 50-stories tall, pro- also about what we are hearing might lights on top that can be seen for 20 ducing almost no electricity in a con- happen with health care. miles. We do not want to see them sistent way. The nuclear reactor is pro- My view is, having a government along the foothills of the Smokies, and ducing low-cost energy 90 percent of plan, a government takeover of health I doubt the people of Virginia want to the time, and it is two stories tall. see them along the Blue Ridge Park- So I think with this development care would again be an intervention way, and I doubt they want to see them people may begin to rethink nuclear into the marketplace on a scale and on in Pennsylvania or in the White Moun- power. It is already happening out a level I don’t think most Americans tains. And in the Eastern United there. People are recognizing that the want to see. It is referred to around States, they only work on the ridge- dangers of nuclear have been widely ex- here as a public plan option, but let’s tops, and they do not work very well. aggerated, there is nothing to be fear- call it what it is: It is a government That is why there is only one wind ful about, and once we realize that, we plan. It is a government-run health farm in the entire Southeastern United are going to see nuclear power for what care system. The more you have the States. It is in Tennessee and only op- it is: an appropriate technology that government involved in the decisions erates 18 percent of the time, and part will enable us to meet our future en- with respect to health care, the more of that time is at night when we have ergy needs without overwhelming the the government is going to dictate a lot of extra electricity. So that does world with pollution and warming the many of the decisions that are going to not work very well. planet. be made and traditionally are made be- The Senator from California, Mrs. So I hope my colleagues in the Sen- tween a patient and a physician, in FEINSTEIN, with whom I work on the ate will join me in saying congratula- consultation with each other, between Appropriations Interior Subcommittee, tions to Babcock & Wilcox and espe- a consumer and a health care provider. has expressed her concern about the cially to the Tennessee Valley Author- Those types of interactions occur size of the solar thermal plants pro- ity for leading the country in this ren- today in the marketplace. If the gov- posed for the Mojave Desert, which she aissance of nuclear energy. Congratula- ernment is imposed into that par- has tried to protect for years. They tions, good luck, and I hope there are ticular situation, it seems to me at would have to be 5 miles on each side many of these projects on the drawing least we are going to have the govern- in order to get a decent amount of elec- boards. ment making more and more decisions tricity, and that is only during the This is the way for us to clean the with respect to health care: Which daytime. air, deal with global warming, and at treatments are going to be approved;

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.055 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6534 CONGRESSIONAL RECORD — SENATE June 11, 2009 which ones are effective; which ones a good way to do business, and it is cer- as pay-go. I will submit for the RECORD are cost-effective. And that critical, tainly not in the best interests of an editorial from the Wall Street Jour- fundamental relationship between a Americans, who, I think, even though nal from a couple days ago. physician and a patient, we could be there may be those who want to see the I ask unanimous consent that it be creating barriers in that relationship costs of our current health care system printed in the RECORD. that are not going to provide for the come down, those who have coverage There being no objection, the mate- high quality, optimum level of health today, most of them would argue we rial was ordered to be printed in the care and treatment we have experi- have a system that is pretty effective; RECORD, as follows: enced in this country for a long time. that when you need to get seen by a [From the Wall Street Journal, June 11, 2009] Clearly, I think we all have to ac- doctor, when you need to get treated, THE ‘‘PAYGO’’ COVERUP knowledge there are things that need when you need to use some of the mod- Some things in politics you can’t make up, to improve in the health care system in ern equipment and technology we have such as President Obama’s re-re-endorse- this country. We need to reform our available and that is there today—and ment Tuesday of ‘‘pay-as-you-go’’ budgeting. health care system. We need to bring I think that is very much in jeopardy if Coming after $787 billion in nonstimulating the costs down. We need to figure out you allow the government to intervene stimulus, a $410 billion omnibus to wrap up ways to make health care available and and to impose itself into that decision- fiscal 2009, a $3.5 trillion 2010 budget proposal, sundry bailouts and a 13-figure health- accessible to more Americans so that making process and begin to ration many of those who don’t have health care spending expansion still to come, this care. latest vow of fiscal chastity is like Donald care have access to it and to get costs f Trump denouncing self-promotion. under control. But there are lots of Check that. Even The Donald would find ways that can be done by building upon DEBT AND DEFICITS this one too much to sell. the strengths we have in the current Mr. THUNE. Madam President, one But Mr. Obama must think the press and system; not throwing it completely final point I wish to make is all of this public are dumb enough to buy it, because away in exchange for a government-run sort of ties back to what I think is the there he was Tuesday re-selling the same system, which would ration health pattern, the precedent we have seen so ‘‘paygo’’ promises that Democrats roll out every election. Paygo is ‘‘very simple,’’ the care, limit the amount of choices far in this Congress, and that is incred- Americans would have, and cost the President claimed. ‘‘Congress can only spend ible amounts of spending, incredible a dollar if it saves a dollar elsewhere.’’ taxpayers an awful lot of money. Be- amounts of borrowing. The stimulus That’s what Democrats also promised in cause I think, at the end of the day, bill started it off to the tune of about 2006, with Nancy Pelosi vowing that ‘‘the most of the estimates that have been $800 billion. The budget we passed this first thing’’ House Democrats would do if done—and it is hard to know because year on the discretionary, nondefense they took Congress was reimpose paygo rules we don’t have a specific proposal out domestic side was 8.9 percent more that ‘‘Republicans had let lapse.’’ By 2008, there yet that has been costed or a rev- year over year than the previous year. Speaker Pelosi had let those rules lapse no enue source that has been identified for fewer than 12 times, to make way for $400 The omnibus bill we passed—which was billion in deficit spending. Mr. Obama re- it, but I think all the estimates we unfinished business from the last Con- peated the paygo pledge during his 2008 cam- have seen so far suggest that this plan, gress—was 8.3 percent over the pre- paign, and instead we have witnessed the the health care plan that is being pro- vious year, which, again, more than greatest peacetime spending binge in U.S. posed by the President and by the doubled the rate of inflation. We have history. As a share of GDP, spending will hit Democratic leadership in the Congress, all these Federal obligations and liabil- an astonishing 28.5% in fiscal 2009, with the is going to cost somewhere in the ities that are being created by virtue of deficit hitting 13% and projected to stay at neighborhood of $1 trillion to $2 tril- these interventions in the market- 4% to 5% for years to come. lion. We don’t know exactly. I have The truth is that paygo is the kind of place. We have the TARP program; we budget gimmick that gives gimmickry a bad heard $1.2 trillion, $1.5 trillion. I have have all this taxpayer exposure out name. As Mr. Obama knows but won’t tell heard up to $2 trillion, but we know there, all this spending, and this year voters, paygo only applies to new or ex- that is an enormous amount of money, we know we are going to have a $1.8 panded entitlement programs, not to exist- and that revenue has to come from trillion deficit which dwarfs anything ing programs such as Medicare, this year somewhere. One-sixth of the American we have ever seen in history and as far growing at a 9.2% annual rate. Nor does economy today, one-sixth of our econ- as the eye can see. For the next decade, paygo apply to discretionary spending, set to omy, entire economy in this country is we are looking at about a $1 trillion, on hit $1.4 trillion in fiscal 2010, or 40% of the health care, headed toward one-fifth. budget. average, annual deficit. This loophole matters, because on the very So we are going to hand the keys over Our debt to GDP is headed to histori- day Mr. Obama was hailing paygo the House to the Federal Government and allow cally high levels if predictions are ac- Appropriations Committee was gleefully ap- them to control an enormously large curate. I think the predictions are opti- proving a 12% increase in 2010 nondefense component of the American economy— mistic in terms of what we are going to discretionary spending, the third year run- one-sixth of it today and it will be one- see in economic growth, unemploy- ning that Democrats have proposed double- fifth in just a few years. It seems to me ment, inflation, and interest rates. digit increases. Or consider that the 2010 that would be a bad precedent and Even if the projections with respect to budget resolution included a $2 billion in- something, again, that would lead us crease for low-income heating assistance as the economic indicators are accurate, an entitlement change that should be subject further and further down a path of we are going to see, 10 years from now, to paygo. But Congressional Democrats sim- greater control for the Federal Govern- the public debt, as a percent of the ply classified it as discretionary spending, ment in our private economy. I don’t GDP, reach over 80 percent—a rate we thereby avoiding the need for $2 billion in think that is good for health care for have not seen literally since the end of cuts elsewhere. C’est-la-paygo. Americans. I don’t think that is good World War II. Mr. Obama’s new proposal includes even again for American business, for the These are very troubling signs. I more loopholes. There’s an exception for economy or for our ability to create think they should be warning flags, Congress’s annual alternative-minimum tax ‘‘patch,’’ which is worth at least $576 billion jobs. warning signs to the people in this over 10 years; for any of the Bush tax cuts The bill I introduced, as I said, is de- country that this level of borrowing, that Mr. Obama decides he wants to extend signed to get at the TARP moneys that the amount of spending, the amount of past 2010; and to protect against planned cuts are going to be paid back in and hope- taxation, with the new obligations in in Medicare doctor payments. These carve- fully getting the government out of the the health care bill, is too much for our outs alone spare Democrats from having to car business, the government out of the economy to bear and for the American come up with some $2.5 trillion in spending banking business, and the government taxpayer to bear. cuts or new taxes. To add insult to prof- out of the insurance business, but I What the President came out with ligacy, the rules also allow the Administra- also view those as almost what I would earlier this week is a new announce- tion to run huge early deficits for its looming health-care bonanza, and only pay for it characterize as gateway drugs that are ment that, all of a sudden, we have got- later—say, after 2012. going to lead the way for the national- ten religion, and we are going to sub- The President also revived the myth that ization or the government takeover of mit all of the new spending and all of paygo was somehow responsible for elimi- health care. A government plan is not these programs now to what is known nating budget deficits during the Clinton

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.060 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6535 years. In fact, that brief era of balanced that was quickly ignored. As I said be- empt from pay-go, what difference does budgets was due to: mid-decade spending re- fore, if we look at the reality of what this announcement on pay-go really ductions by a GOP Congress elected on a bal- happened in the last few years, despite make, other than to try to pull the anced-budget pledge; an excessive cut in de- all the lipservice paid to pay-go, it fense spending to 3% from 5% of GDP across wool over the eyes of the American the decade; and an unsustainable revenue doesn’t apply all that much. It applies people? boom due to the dot-com bubble. But to new entitlement programs and to I hope the American people figure harking back to the 1990s lets Mr. Obama tax cuts, but as far as I can tell, it that out. I think they will. I certainly avoid having to defend his own spending doesn’t apply to discretionary spend- know, around here at least, we get new record. ing, to current entitlement spending, data all the time about the size of the The real game here is that the President is which, as I said earlier, is growing— deficit and what we are going to look trying to give Democrats in Congress polit- Medicare at about a 9.2-percent annual at in the foreseeable future. It is a very ical cover for the health-care blowout and tax-increase votes that he knows are coming. clip. So what is it really good for? disturbing picture. That is why I think The polls are showing that Mr. Obama’s Well, it seems to me it is a statutory it is so important we get spending spending plans are far less popular than the excuse to raise taxes. If we continue to under control, that we get the Federal President himself, and Democrats in swing exempt more and more things—one of Government out of the private owner- districts are getting nervous. The paygo ruse the things we debated in the last year ship of American business, and let gives Blue Dog Democrats cover to say they or two is whether an extension or ex- American business do what it does voted for ‘‘fiscal discipline,’’ even as they emption will be afforded to taxpayers best: create jobs and make their own vote to pass the greatest entitlement expan- from the AMT, which would capture management decisions, not the Federal sion in modern history. The Blue Dogs al- more taxpayers, and whether it ought ways play this double game. Government, because it controls such a The other goal of this new paygo campaign to be offset and paid for and the pay-go big part of these businesses, inter- is to make it easier to raise taxes in 2011, rules ought to apply to it. vening and trying to impose their po- and impossible to cut taxes for years after Well, the President, in his announce- litical will on this decisionmaking that. In the near term, paygo gives Mr. ment a couple days ago, went so far as process, and that we do everything we Obama another excuse to let the Bush tax to say he is going to exempt the AMT can to prevent a government takeover cuts he dislikes expire after 2010, while ex- fix from pay-go. That is a $576 billion of our health care system, at a cost of empting those (for lower-income voters) that ticket item over a 10-year period. The somewhere between $1 trillion and $2 he likes. In the longer term, if a GOP Con- AMT would be exempted. The physi- gress or President ever want to cut taxes, trillion, which will inevitably lead to paygo applies a straitjacket that pits those cian fee fix would be exempted, which much higher taxes. tax cuts against, say, spending cuts in Medi- is something we have had to do re- Somebody has to pay. These things care. The Reagan tax reductions would never cently in Congress on a regular basis to all have to be paid for or we can borrow have happened under paygo. protect doctors from the cuts that it, which is what we did with the stim- The main political question now is when would occur under statutes passed ulus bill. So we can have higher taxes Americans will start to figure out Mr. many years ago. So we come in and we or more borrowing. I argue the spend- Obama’s pattern of spend, repent and repeat. do what we call a physician fee fix. The President is still sailing along on his ing has to stop. That is the only way charm and the fact that Americans are That will be exempted from the pay-go we are going to get our fiscal house in cheering for an economic recovery. But even- rules. order and make it clear to the Amer- tually they’ll see that he isn’t telling them So we would be carving out big ican people we are serious in Wash- the truth, and when they do, the very Blue chunks of Federal spending, of tax re- ington about getting spending under Dogs he’s trying to protect will pay the lief, and there were a couple of other control. I hope we get a vote on my price. And they’ll deserve what they get. exemptions that were mentioned that exit plan, my bill. I think we need a (Mr. BEGICH assumed the Chair.) would be exempt from pay-go. If we plan to exit the scene and get govern- Mr. THUNE. Mr. President, I will take them off the table, and if we take ment out of the ownership of large make a couple of observations they entitlement spending off the table—at parts of the private economy and pri- made in that editorial, as well as simi- least current, present entitlement vate businesses in this country. I hope lar observations made by some of my spending—and we take discretionary we will do everything we can to pre- colleagues in the Senate, since this an- spending off the table, it seems to me vent a government takeover of our nouncement was made—that pay-go is all we have done is, again, created this health care system, which is one-sixth going to now be enforced—statutory gimmick that is trying to pull the wool of our economy. pay-go. over the eyes of the American people I also hope we will not fall for dumb This editorial from the Wall Street that we are really doing something se- gimmicks like pay-go, which do noth- Journal said: rious about fiscal responsibility which, ing to address, fundamentally, the fi- The truth is that paygo is the kind of in fact, we all know is not the case. nancial and fiscal problems our coun- budget gimmick that gives gimmickry a bad Mr. President, I hope we get serious name. As Mr. Obama knows but won’t tell try faces, but that we will get serious about fiscal responsibility here. It about getting spending under control voters, paygo only applies to new or ex- means we have to get our arms around panded entitlement programs, not to exist- and putting America on a fiscal path ing programs such as Medicare, which this spending. We cannot fix the fiscal prob- toward fiscal discipline that is fair and year is growing at a 9.2 percent annual rate. lems in this country when we exempt responsible to the people in this coun- Nor does paygo apply to discretionary spend- everything and say we are going to try, who pay these bills, the American ing, set to hit $1.4 trillion in fiscal year 2010, continue to spend—in fact, the appro- taxpayers. or 40 percent of the entire [Federal] budget. priations bill passed in the House of I yield the floor, and I suggest the ab- Mr. President, the thing that strikes Representatives the other day; they sence of a quorum. me about this announcement is, it passed one of their appropriations bills The PRESIDING OFFICER. The seems it is, as is often said, too much, with a 12-percent increase over last clerk will call the roll. too little, too late. We already passed year. How can we justify that when we The bill clerk proceeded to call the an $800 billion stimulus bill, which we have a $1.8 trillion deficit this year and roll. financed by borrowing from the next an economy that is in recession? The Mr. REID. Mr. President, I ask unan- generation. That wasn’t subject to pay- Federal Government is supposed to be imous consent that the order for the go nor have many of the spending pro- leading the way, setting the example, quorum call be rescinded. grams in the past couple of years been and we cannot even live within our The PRESIDING OFFICER. Without subject to pay-go. means. We say we are going to imple- objection, it is so ordered. When the Democrats took control of ment pay-go and, boom, before the ink f the Congress after the 2006 elections, it is even dry on whatever statement was announced by Speaker PELOSI that they may have signed, we have a House EXPRESSION OF APPRECIATION they were going to enact pay-go—say- Appropriations subcommittee passing Mr. REID. Mr. President, I walked in ing pay-go is going to be the policy, the an appropriations bill with a 12-percent the Chamber and saw you presiding. rule followed in terms of the spending year-over-year increase. And, again, And I said to Lula Davis, who helps us done by the Federal Government. But because discretionary spending is ex- so much here, what a terrific addition

VerDate Nov 24 2008 00:36 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.036 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6536 CONGRESSIONAL RECORD — SENATE June 11, 2009 you have been to the Senate. That is has expanded, but the brave ideals that for a contract, loan, loan guarantee, really true. The people of Alaska are so it represents—that all men were cre- grant, loan authority, or other expend- fortunate to have you in the Senate. ated equal, endowed by their Creator iture with or to an entity, or targeted You are very constructive. You pro- with certain unalienable rights includ- to a specific State, locality or Congres- tect the State of Alaska like no one I ing life, liberty and the pursuit of hap- sional district, other than through a have ever seen look out for the inter- piness—shine as true today as they statutory or administrative formula- ests of a State. have since 1776. driven or competitive award process.’’ And I think everyone in the Senate Our flag is a symbol that goes well In accordance with rule XLIV, I pro- recognizes what a fine person you are, beyond the cloth out of which it is vide the following information relating and as the days go on, you are going to fashioned. It is America, and long may to my amendment. No. 1181, that was get even better. So on a personal note, it wave. adopted by the Senate during consider- I appreciate all of your good work. I close with a favorite poem of mine, ation of H.R. 2346. The amendment will f by Henry Holcomb Bennett, that I like modify interest limitations allowable in a State, as defined in 12 USC 1831 (At the request of Mr. REID, the fol- to recite on Flag Day. It never fails to lowing statement was ordered to be stir my spirits, as I hope it does for u(f), where the maximum rate of interest is not more than 5 percent above printed in the RECORD.) those listening. the Federal Reserve discount rate—Ar- THE FLAG GOES BY FLAG DAY kansas. Specifically, it will relax the (By Henry Holcomb Bennett) ∑ Mr. BYRD. Mr. President, our flag is maximum rate of interest allowed, in- the most recognizable symbol of the Hats off! creasing it to seventeen percent, effec- Along the street there comes tive from date of enactment through United States, an instant wordless A blare of bugles, a ruffle of drums, message freighted with history and A flash of color beneath the sky: December 31, 2010. The provision is gen- meaning. The Stars and Stripes is Hats off! erally applicable to any lending occur- much more than a war banner. Each The flag is passing by! ring within that state that is not con- flag carries visions of smoke-clouded Blue and crimson and white it shines, ducted by an insured depository insti- battles, to be sure, but also visions of Over the steel-tipped, ordered lines. tution. I am the principal sponsor of brave explorers venturing into new Hats off! the amendment. lands, astronauts landing on the moon, The colors before us fly; Mrs. HUTCHISON. Mr President, I athletes celebrating Olympic victories, But more than the flag is passing by. submit pursuant to paragraph 4(a) of and of coffins carried on somber cais- Sea-fights and land-fights, grim and great, rule XLIV of the Standing Rules of the sons to a final honored resting place. Fought to make and to save the State: Senate the following congressionally Old Glory also marks every great Weary marches and sinking ships; directed spending item that I requested Cheers of victory on dying lips; American moment, from presidential during consideration of H. R. 2346, the inaugurations that celebrate the peace- Days of plenty and years of peace; fiscal year 2009 supplemental appro- March of a strong land’s swift increase; priations bill, and I ask that it be ful transition of power in our democ- Equal justice, right, and law, racy to the defiant unfurling of flags printed in the RECORD. Stately honor and reverend awe; The material follows. over the battered ruins of the Pentagon Sign of a nation, great and strong and the Twin Towers. For purposes of qualification for loans Toward her people from foreign wrong: made under the Disaster Assistance Direct June 14 is Flag Day. Although flags Pride and glory and honor,—all Loan Program as allowed under Public Law fly every day in front of many Federal, Live in the colors to stand or fall. 111–5 relating to disaster declaration DR–1791 State and local office buildings every Hats off! (issued September 13, 2008) the base period day, and many flags are displayed on Along the street there comes for tax determining loss of revenue may be other holidays such as the Fourth of A blare of bugles, a ruffle of drums; fiscal year 2009 or 2010. July, Memorial Day, and Veterans And loyal hearts are beating high: Mr. President, I submit pursuant to Day, only on Flag Day do we honor the Hats off! paragraph 4(a) of rule XLIV of the ∑ flag itself. The Flag is passing by! Standing Rules of the Senate the fol- The first national observance of Flag f lowing congressionally directed spend- Day was in 1877, though it was not ing item that I requested during con- until 1949 that President Truman XLIV COMPLIANCE sideration of H. R. 2346, the fiscal year signed into law legislation recognizing Mrs. LINCOLN. Mr. President, para- 2009 supplemental appropriations bill, the anniversary of the adoption, on graph 4 of rule XLIV of the Standing and I ask that it be printed in the June 14, 1777, by the Continental Con- Rules of the Senate provides that, ‘‘If RECORD. gress, of the Stars and Stripes as the during consideration of a bill or joint The material follows. official flag of the United States. resolution, a Senator proposes an For areas affected under FEMA–1791–DR, In earlier years, much more was done amendment containing a congression- 100 percent federal funding under the Public to mark the occasion of Flag Day. ally directed spending item, limited Assistance Program for debris removal, 90 Schools educated students on the rit- tax benefit, or limited tariff benefit percent federal funding for all other categories of public assistance, and 90 percent uals and principles of citizenship, and which was not included in the bill or federal funding for Hazard Mitigation. held patriotic programs to honor the joint resolution as placed on the cal- flag. These days, it is enough to mark endar or as reported by any committee, f the day by flying the flag. I hope that in a committee report on such bill or SBIR/STTR REAUTHORIZATION ACT many Americans will do so, and do it joint resolution, or a committee report OF 2009 properly—hoisting the flag up smartly, of the Senate on a companion measure, Ms. SNOWE. Mr. President, I rise bringing it down reverently, and fold- then as soon as practicable, the Sen- today to speak on support of S. 1233, ing it away again properly. Once it is ator shall ensure that a list of such the SBIR/STTR Reauthorization Act of up and flapping in the breeze, take just items (and the name of any Senator 2009, a bipartisan measure I recently a moment to admire it, or to say the who submitted a request to the Sen- introduced with Senator LANDRIEU. As Pledge of Allegiance. ator for each respective item included former chair and now ranking member On June 14, 1777, a congressional in the list) is printed in the CONGRES- of the Senate Committee on Small committee established the design of SIONAL RECORD.’’ Business and Entrepreneurship, I have our flag in a few short words. The The term ‘‘congressionally directed long championed critical small busi- record notes simply that ‘‘. . . the flag spending item’’ is broadly defined to ness programs such as the Small Busi- of the thirteen United States be thir- include ‘‘a provision or report language ness Administration’s Small Business teen stripes alternate red and white; included primarily at the request of a Innovation Research, SBIR, and Small that the union be thirteen stars, white Senator providing, authorizing, or rec- Business Technology Transfer, STTR, in a blue field, representing a new con- ommending a specific amount of dis- programs, which direct more than $2 stellation.’’ In the years since, the cretionary budget authority, credit au- billion in Federal research and develop- number of stars in that constellation thority, or other spending authority ment—R&D—funding each year to

VerDate Nov 24 2008 03:05 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.063 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6537 small businesses across our nation to ply cannot afford the exorbitant cost of At his public confirmation hearing, encourage them to innovate and com- developing and bringing a product into General McChrystal responded to a mercialize new technologies, products, the marketplace. In order to confront question from Chairman LEVIN regard- and services. Our legislation would pro- this challenge, this legislation offers a ing interrogation policies that ‘‘in- vide key improvements to the SBIR compromise solution to the venture cluded stress positions, the use of dogs and STTR programs, which were last capital issue that has recently divided and nudity’’ by stating that ‘‘[s]ome of reauthorized in 2000 and 2001, respec- members of this committee and the them were in use when I took over, sir, tively. SBIR community. Last Congress, I and then, as we immediately began to As our Nation emerges from this dev- worked with Senators KERRY, BOND, reduce that.’’ When asked whether he astating recession, the worst since LIEBERMAN, COLEMAN, and others, to was ‘‘uncomfortable with some of the World War II, we must ensure that develop a key compromise on this issue techniques’’ in use, he replied ‘‘[w]hen America once again brings to bear the that would permit limited venture cap- I took over, I was.’’ kind of ingenuity, creativity, and inno- ital investment in the SBIR program. vation that made America and our free Our bill retains this bipartisan com- However, following the hearing, market economy the greatest, most promise and would allow limited in- Chairman LEVIN sent General powerful on Earth. Indeed, innovation volvement of firms majority-owned by McChrystal a question for the record is the ‘‘space race’’ of the 21st cen- venture capital companies in the SBIR describing many of the 14 interrogation tury—only this time it is not the U.S. program. Specifically, a maximum of techniques not listed in the Army Field versus Russia; it is the U.S. versus 18 percent of SBIR funding at the Na- Manual that were authorized under every nation that is jockeying for the tional Institutes of Health and 8 per- General McChrystal’s command, up lead position and an economic foot- cent at all other qualifying agencies until May 6, 2004, when CENTCOM hold. may be directed to small firms major- Commander General John Abizaid sus- The bill we have introduced will ity-owned by venture capital compa- pended the use of all such techniques. greatly help America win this race. It nies. Our compromise was strongly Chairman LEVIN’s question then de- is structured upon a comprehensive supported by the stakeholder commu- scribed a request from General measure that our committee passed nity, and is consistent with the recent McChrystal, submitted 3 weeks after unanimously, on a bipartisan basis in findings of the National Academy of the suspension, to continue using a both the 109th and 110th Congresses. Sciences and Government Account- number of these techniques, including Our legislation includes commonsense ability Office regarding venture capital ‘‘sleep management,’’ ‘‘environmental enhancements intended to incentivize investment in SBIR awardees. Addi- manipulation,’’ and ‘‘control posi- more small businesses to participate in tionally, we leave in place well-estab- tions.’’ The request defined ‘‘control these vital programs. The bill would in- lished SBA ‘‘affiliation’’ rules designed positions’’ as ‘‘requiring the detainee crease the size of phase I program to preserve the intent of the SBIR pro- to stand, sit, kneel, squat, maintain gram by limiting participation to awards from $100,000 to $150,000, and sitting position with back against the small businesses. phase II awards from $750,000 to $1 mil- wall, bend over chair, lean with head Other key provisions in this vital leg- against wall, lie prone across chairs, lion. It would also peg future award in- islation include the reauthorization stand with arms above head or raised creases to inflation. These pivotal re- and enhancement of my SBIR Defense to shoulders, or other normal physical forms represent a well-spring of indis- Commercialization Pilot Program. pensable technological-fuel to the training positions’’ and requested that Senator KERRY and I created this pro- ‘‘in the most exceptional cir- small business engines that drive our gram in the 108th Congress to encour- Nation’s innovation. age the award of contracts to SBIR cumstances, and on approval from [the Since the SBIR program was created firms. In addition, we would offer this commander]’’ interrogators be allowed in 1982, small technology firms have re- program to all other participating to ‘‘use handcuffs to enforce the de- ceived more than 77,000 awards worth agencies. The bill also would reauthor- tainee’s position.’’ approximately $24 billion. The SBIR ize and increase funding from $2 mil- Asked to square his public testimony program has tremendous job creation lion to $5 million for the Federal and with this record, General McChrystal potential. A recent National Academy State partnership program which responded that, when he took com- of Sciences study, which focused on would allow each state—including mand in 2003, he reviewed the interro- firms winning phase II SBIR awards in Maine—to receive funding in the form gation program and, in March 2004, fiscal years 1992 through 2002 found of a grant to make available an array ‘‘reduc[ed] the frequency of use of sev- that, as a result of their SBIR award, of services in support of the SBIR pro- eral of the techniques’’ by requiring small firms were able to hire an aver- gram. high-level approval. He also looked to age of 2.4 employees, retain 2.1 more, Now, more than ever, we in Congress ‘‘increase the effectiveness of the en- and over time these firms, on average, must do everything within our power tire process and make it more hu- each generated 30 jobs. to help small businesses drive the re- mane’’ but offered no specifics other Our legislation would increase the covery of our economy. It is imperative than ‘‘improved facilities’’ and im- SBIR allocation—currently 2.5 percent that we reauthorize the SBIR and provements in the use of other, non- of Federal agencies’ extramural R&D STTR programs, particularly before ‘‘enhanced’’ techniques. General funds—by 1 percent over 10 years and the program terminates at the end of McChrystal then acknowledged that he double the STTR allocation over 5 July. I look forward to working with personally requested approval from years to 0.6 percent. By doubling the my colleagues on both sides of the aisle General Abizaid to continue using sev- percentage of Federal R&D dollars that to pass this vital measure in the com- eral of the techniques that had just the STTR program receives each year, mittee and full Senate, as we move for- been suspended, including ‘‘control po- and increasing the SBIR percentage by ward to reauthorize these vital pro- sitions.’’ General Abizaid rejected the 1 percent over 10 years, we will infuse grams. use of ‘‘control positions,’’ and, accord- another $1 billion into the small busi- f ing to the Senate Armed Services Com- ness economy. With our economy reel- mittee report, the use of ‘‘hooding.’’ ing, the SBIR and STTR programs are NOMINATION OF STANLEY more essential than ever, if we are to MCCHRYSTAL I have numerous concerns, both capitalize on the groundbreaking ca- Mr. FEINGOLD. Mr. President, I op- about this history and about General pacities of our Nation’s pioneering pose the nomination of LTG Stanley McChrystal’s public testimony. I have small businesses. McChrystal to command U.S. forces in long opposed any interrogation tech- While innovation in areas such as Afghanistan for two reasons. The first niques, whether conducted by the U.S. genomics, biotechnology, and nano- relates to a classified matter about military or the intelligence commu- technology present new opportunities, which I have serious concerns. I have nity, that are not authorized by the converting these ideas into marketable conveyed those concerns in a letter to Army Field Manual. I am thus dis- products involves substantial funding the President. The second issue is in- mayed by General McChrystal’s per- challenges. Many small businesses sim- terrogation. sonal support for the use of some of

VerDate Nov 24 2008 03:05 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.037 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6538 CONGRESSIONAL RECORD — SENATE June 11, 2009 these techniques, particularly the so- and sportsmanship marks them as role Mr. Fairley’s new technology has re- called control positions, and by his ef- models for aspiring athletes through- sulted in a 75 percent improvement rat- forts to continue the techniques after out the State. Their athletic performing for detection accuracy. This Mis- they had been suspended. And, while I ance and strong record of academic sissippian has used his intelligence to have no reason to believe that General achievement place them at the pin- serve our country and protect our McChrystal would not adhere to cur- nacle of intercollegiate success. Al- troops. rent law and policy, I am troubled by though several players may be honored Mr. Fairley was inspired to become a his failure to express any regret for his with individual awards, this national Federal employee because of his desire previous positions. Finally, I am con- title belongs to each and every member to make a difference, and he has done cerned about General McChrystal’s of the team. so by recognizing challenges and using public testimony, which sought to con- This victory reminds us that we have his skills to overcome them. vey that he was ‘‘uncomfortable’’ with the chance to shine only with the sup- I am glad that Senator KAUFMAN has various interrogation techniques and port of our comrades, our friends, our initiated this effort; our Federal em- sought to ‘‘reduce’’ their use. Given the teammates. It is through persistent ployees deserve recognition for the im- full history of his approach to interro- and concerted effort that we reach our portant role they fill. gations, this testimony appears to be potential, and when we inevitably fall, Mr. Fairley is committed to our Na- incomplete, at best. it is only through the strength and tion, and his contributions have made f grace of our friends that we can pick him the prime example of an out- ourselves up and journey onward. standing Federal employee.∑ NORTHWESTERN’S NCAA The teamwork displayed by these f CHAMPIONS young women throughout the season, 125TH ANNIVERSARY OF BLUNT, Mr. BURRIS. Mr. President, it is even under mounting pressure and SOUTH DAKOTA with great pleasure and sincere pride enormous expectations, allowed them that I congratulate the Northwestern to carry the day. They have done their ∑ Mr. JOHNSON. Mr. President, today University women’s lacrosse team on university, and their State, proud. We I recognize the community of Blunt, winning another NCAA Championship. should all draw inspiration from their SD, on reaching the 125th anniversary As a lifelong Illinoisan and an avid fine example. of its founding. Blunt is a rural com- sports fan, I am happy to celebrate the With this championship, the North- munity infused with hospitality, beau- tremendous accomplishments of these western Wildcats have cemented their ty, and an exceptional quality of life. young women. position as the top Lacrosse program The city of Blunt was settled in 1884 In a crowded field of worthy con- in the country. They are quickly ap- and named after the chief engineer of tenders from across the Nation, this proaching the record of seven consecu- the Chicago and Northwestern railway, Wildcat team rose to the occasion and tive titles currently held by Maryland, Mr. John E. Blunt. Few early railroad claimed a fifth straight national title. and, like many Illinoisans, I can hardly towns in South Dakota were able to Their consistency, grit, and deter- wait for what will surely be an exciting boast of the wide variety of early es- mination is exemplified by their per- season next year. tablishments, including 6 hotels, 12 fect record for the season: 23 to 0, It is with great pride that Senator grocers, 9 lumber yards, 5 saloons, and capped off by a resounding victory over DURBIN and I come together to cele- 4 bakeries. the third-ranked North Carolina Tar brate this national championship. And Today, Blunt has come a long way Heels. we are proud to offer a Senate resolu- from its days as a railroad supply cen- The Northwestern women’s lacrosse tion congratulating these talented ath- ter. The town still boasts a variety of team also consistently ranks in the top letes. businesses, including those in both the 10 to 15 percent of academic achieve- In the spirit of good sportsmanship service and manufacturing sectors. The ment in the NCAA’s Annual Academic displayed by the Northwestern wom- Graham Mentor Museum and the REA Report. en’s lacrosse team throughout the sea- building are just two examples of con- It is clear from their record that the son, I ask my colleagues to join with us tinuous efforts to bring the community Wildcats excelled every time they took in congratulating these student ath- closer. the field, but, more importantly, they letes on their remarkable accomplish- The people of Blunt celebrate this excelled in the classroom and in the ment. momentous occasion on the weekend of community. June 26–28, 2009. South Dakota’s small f I am proud of this team because they communities are the bedrock of our recognized that ‘‘student’’ is supposed ADDITIONAL STATEMENTS economy and vital to the future of our to come before ‘‘athlete’’ in the phrase State. It is especially because of our ‘‘student athlete.’’ small communities, and the feelings of COMMENDING JOSHUA FAIRLEY For many athletes, college sports loyalty and familiarity that they en- have become a launching pad for fame ∑ Mr. COCHRAN. Mr. President, I gender, that I am proud to call South and fortune, but on this team you may would like to continue the efforts of Dakota home. Towns like Blunt and its find doctors, lawyers, and maybe even Senator KAUFMAN and the Partnership citizens are no different and truly a senator or two. for Public Service by honoring an out- know what it means to be South Dako- Although the games may not have standing federal employee in Mis- tan. One hundred and twenty-five years been broadcast to a national audience sissippi. after its founding, Blunt remains a or as widely covered by the media, the Public servants fulfill remarkable vital community and a great asset to women’s lacrosse team deserves just as duties in the government, and their ac- the wonderful State of South Dakota. I much recognition as their male coun- complishments deserve grateful rec- am proud to honor Blunt on this his- terparts. ognition. toric milestone.∑ They have sacrificed sleep for early Mr. Joshua Fairley, an employee at f morning workouts, weekends for com- the U.S. Army Corps of Engineers, En- petition, and played a sport that prac- gineer Research and Development Cen- 150TH ANNIVERSARY OF ELK tically requires the commitment of a ter, USACE–ERDC, in Vicksburg, is a POINT, SOUTH DAKOTA full-time job, but all the while, they distinguished public servant for his de- ∑ Mr. JOHNSON. Mr. President, today continued to attend class and maintain velopment of new technology to im- I pay tribute to the 150th anniversary their studies. prove the detection accuracy of impro- of the founding of the community of College athletics require a remark- vised explosive devices for our Armed Elk Point, SD. After 150 years, this his- able amount of dedication, and this Forces. Improvised explosive devices toric community will have a chance to team deserves notable recognition even are commonly used in terrorist attacks reflect on its past accomplishments if their scores weren’t reported on the and have become a principal source of and its future goals, and I congratulate nightly news or the front page of news- fatalities for men and women in the this thriving community for all it has papers. Their demonstrated character U.S. Armed Forces. done.

VerDate Nov 24 2008 03:05 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.024 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6539 Elk Point’s colorful history begins and look forward to the future as they 125TH ANNIVERSARY OF REVILLO, with the Lewis & Clark expedition of continue their traditions.∑ SOUTH DAKOTA 1804 when the explorers camped in this f ∑ Mr. JOHNSON. Mr. President, today area in 1804 and again in 1806. Eli I recognize the community of Revillo, Wixson built a cabin in 1859, becoming 125TH ANNIVERSARY OF LEBANON, SD, on reaching the 125th anniversary the first citizen of Elk Point. SOUTH DAKOTA of its founding. Revillo is a warm com- Today, Elk Point’s location makes it ∑ Mr. JOHNSON. Mr. President, today munity, filled with historical beauty an ideal location for a variety of busi- I recognize the community of Lebanon, and a strong sense of hospitality. nesses with two Interstate 29 exits, a SD, on reaching the 125th anniversary The town of Revillo was founded on railway hub with service in three direc- of its founding. This historic anniver- the homestead of John Hillstrom in tions, and close proximity to the Mis- sary gives the community the chance 1884 when the Minneapolis and St. souri River for both economic and en- to reflect on their strong history as Louis Railway entered the area. The tertainment purposes. This thriving well as their optimistic future. Revillo flour mill was built in 1904, town is the county seat of Union Coun- Lebanon was founded by farmers in where farmers would bring their wheat ty, the ninth fastest growing county in 1883. Small businesses quickly sprung crop to have it made into Monogram the Unites States in terms of family in- up in the town and continued to grow flour to meet their annual needs. In the come. for 50 years. In 1926, they built an out- years before World War I, Revillo was Elk Point exemplifies a traditional door swimming pool, which is the old- booming with businesses, including two South Dakota community with its est of its type today. Lebanon was implement dealers, a drug store, two close-knit community with a high given two cedar trees by the govern- banks, three elevators, and an Opera quality of life. The citizens are inde- ment of the Country of Lebanon, one of House. pendent and welcoming, and the edu- which still lives today. Today, Revillo is maintaining its his- cational system is advanced with mod- To celebrate the town’s achievement, tory with four churches in town, many ern technology and advanced place- there will be a weekend of festivities members having a lineal connection to ment classes. from June 20–21, 2009, with a parade, those who first established the church- The citizens of Elk Point will be cele- tractor pull, and various entertainers. es. This thriving community is also brating their rich heritage June 26–28, While the population of Lebanon has looking forward with a modern school 2009 with an All-Class Reunion, Amy’s declined, the spirit of the town main- and lighted athletic field, the Revillo Race for breast cancer research, and tains their strong work ethic and Farmers Co-op elevator, and a main- various games and entertainment. I united spirit. Small towns like Leb- tainer for the Grant County highway congratulate the citizens of Elk Point anon are the backbone of South Da- department. on their accomplishments over the last kota, and the people of this community The people of Revillo are celebrating 150 years and look forward to seeing make me proud to represent them.∑ their heritage and their accomplish- their future endeavors.∑ f ments June 20–21, 2009. One hundred f and twenty-five years after its found- 125TH ANNIVERSARY OF IMMAN- 100TH ANNIVERSARY OF ing, Revillo holds its history close UEL LUTHERAN CHURCH OF MCLAUGHLIN, SOUTH DAKOTA while continually looking to the fu- CANOVA, SOUTH DAKOTA ∑ Mr. JOHNSON. Mr. President, today ture, demonstrating what is great ∑ Mr. JOHNSON. Mr. President, today I rise in order to pay tribute to the about South Dakota, and why I am ∑ I recognize Immanuel Lutheran Church community of McLaughlin on reaching proud to call this great State home. of Canova, SD, on reaching the 125th its 100th year. This strong town was f anniversary of its founding. This his- founded as a railroad community for toric church has been a cornerstone of refueling and replenishment, as well as 125TH ANNIVERSARY OF SENECA, both the community and the Synod. a center for Indian trade. In celebra- SOUTH DAKOTA Immanuel Lutheran Church has seen tion of their centennial, there will be a ∑ Mr. JOHNSON. Mr. President, today its share of struggles, but has always tractor pull, parade, and entertainment I pay tribute to the 125th anniversary grown stronger from them. Today, I throughout the weekend of June 18–21, of the founding of the community of pay tribute to both the anniversary of 2009. Seneca, South Dakota. After 125 years, the church and to the members who The citizens created a thriving busi- this agrarian community will have the have kept its traditions of service and ness community soon after it was set- chance to reflect on both its indus- faith alive for 150 years. tled. Large cattle operations were run trious history as well as the potential The church was founded in 1884 with through the area and McLaughlin be- of its future. Rev. J. Reyhout as its pastor. The came a center for many activities, in- Beginning with a sod shanty that members, mainly German immigrants, cluding trade with residents, both In- served as a stopping post as well as the joined the Ohio Synod and built the dian and non-Indian. In 1889, the Stand- local post office, Seneca began to first church in 1891. The current church ing Rock Reservation was formed, with thrive after the Chicago and North- was completed in 1914. Known as the McLaughlin at the center of the res- western Railroad pushed west and cre- ‘‘German Church’’ or ‘‘German Lu- ervation on the South Dakota side. The ated the town in 1886. After drawing theran’’, the congregation’s welcome town was named after MAJ James the name Seneca from a hat, the town spirit for recent immigrants led to McLaughlin, a superintendent of immediately began to boom with local services being held in German. In 1940, Standing Rock, and the town was offi- businesses being brought in from the they transitioned to every other week cially incorporated October 7, 1909. surrounding towns. Seneca in English and German. In 1952, Ger- This community now has a grain eleva- transitioned from a cattle range to a man services were discontinued. Im- tor complex as well as a livestock auc- farming community, with progressive manuel joined the Evangelical Lu- tion market in town and continues as a modern conveniences including a nota- theran Church in America in 1988 on its traditional hub for its residents. The ble water system. founding. home of the Mighty Midgets has long This strong town has bound together Although changes have been coming been successful, both in the classroom throughout the years to accomplish to this community since its founding, and athletics. whatever came their way. From send- Immanuel Lutheran Church has held As they reach this monumental anni- ing engraved gold rings with their sol- steady to the core values that it was versary, McLaughlin will have the op- diers to World War I in 1917, to building founded on. With outreach to the pris- portunity to reflect on its diverse and a community center for one thousand on, food shelters, and the community, enriched past as well as the opportuni- dollars in 1937, the citizens of Seneca these members have maintained the ties for its future. This community has support their town and its people. This initial ideals of service and devotion. I been noted for its shared history and I spirit of unity has sustained Seneca congratulate this congregation on congratulate them on reaching their through one hundred and twenty-five reaching this monumental anniversary, centennial.∑ years of changes and will support them

VerDate Nov 24 2008 03:05 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.041 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6540 CONGRESSIONAL RECORD — SENATE June 11, 2009 as they move forward. I congratulate MESSAGE FROM THE HOUSE ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled the people of Seneca on reaching this At 3:44 p.m., a message from the historic anniversary.∑ ‘‘Aspergillus flavus AF36 on Pistachio; Ex- House of Representatives, delivered by tension of Temporary Exemption from the f Ms. Niland, one of its reading clerks, Requirement of a Tolerance’’ (FRL No. 8416– COMMENDING 153RD INFANTRY OF announced that the House disagrees to 7) received in the Office of the President of THE ARKANSAS NATIONAL GUARD the amendment of the Senate to the the Senate on June 8, 2009; to the Committee bill (H. R. 2346) making supplemental on Agriculture, Nutrition, and Forestry. ∑ Mrs. LINCOLN. Mr. President, today EC–1916. A communication from the Direc- appropriations for the fiscal year end- I wish to recognize the outstanding hu- tor, Regulatory Management Division, Envi- ing September 30, 2009, and for other manitarian assistance recently pro- ronmental Protection Agency, transmitting, purposes, and agrees to the conference vided by Company C, 153rd Infantry of pursuant to law, the report of a rule entitled asked by the Senate on the disagreeing ‘‘Residues of Silver in Foods from Food Con- the Arkansas National Guard. votes of the two Houses thereon, and tact Surfaces Sanitizing Solutions; Exemp- In early April, Mena, AR, was hit by appoints the following Members as tion from the Requirement of Tolerance’’ re- an F3 tornado which devastated this managers of the conference on the part ceived in the Office of the President of the small town in western Arkansas. These Senate on June 8, 2009; to the Committee on of the House: Mr. OBEY, Mr. MURTHA, severe storms killed 3, injured more Agriculture, Nutrition, and Forestry. Ms. DELAURO, Mrs. LOWEY, Mr. ED- than 100, and left thousands of resi- EC–1917. A communication from the Chair- WARDS, Mr. LEWIS of California, Mr. dents without power. The tornado also man of the Joint Chiefs of Staff, Department YOUNG of Florida, and Ms. GRANGER. of Defense, transmitting, pursuant to law, a damaged important emergency re- f report relative to Reachback Distributed De- sponse centers in the town and county, cision Support; to the Committee on Armed including the hospital, the police and MEASURES PLACED ON THE Services. fire departments, and the courthouse, CALENDAR EC–1918. A communication from the Sec- which houses the 911 emergency dis- retary of Energy, transmitting, pursuant to The following bills were read the sec- law, a report entitled ‘‘Department of En- patch center. ond time, and placed on the calendar: However, under the leadership of CPT ergy Activities Relating to the Defense Nu- S. 1232. A bill to amend the Federal Food, clear Facilities Safety Board’’; to the Com- Rodney Lay, Company C of the 153rd Drug, and Cosmetic Act with respect to the mittee on Energy and Natural Resources. Infantry, including team leaders 1LT importation of prescription drugs, and for EC–1919. A communication from the Direc- Brian Lawrence Inman, 1SG Eric other purposes. tor, Regulatory Management Division, Envi- Schnell, SSG James Schnell, SSG H.R. 2751. An act to accelerate motor fuel ronmental Protection Agency, transmitting, Jacob Sullivan, SSG Neal Badger, and savings nationwide and provide incentives to a Uniform Resource Locator (URL) for a doc- WO Jeffrey Shores, helped to imme- registered owners of high polluting auto- ument entitled ‘‘The Ground Water Rule Im- mobiles to replace such automobiles with plementation Guidance’’ received in the Of- diately restore order to the devastated fice of the President of the Senate on June 8, community. Company C provided new fuel efficient and less polluting automobiles. 2009; to the Committee on Environment and downtown security during the after- Public Works. math of the tornado and went door to f EC–1920. A communication from the Direc- door to check on area citizens. In addi- MEASURES HELD AT THE DESK tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, tion, they provided aid to victims of The following concurrent resolution the storm that could not be trans- a Uniform Resource Locator (URL) for a doc- was ordered held at the desk, by unani- ument entitled ‘‘The Ground Water Rule ported to the city’s hospital. mous consent: Triggered and Representative Source Water Our military simply could not func- S. Con. Res. 26. Concurrent resolution Monitoring Public Review Guidance’’ re- tion without the thousands of reserv- apologizing for the enslavement and racial ceived in the Office of the President of the ists and guardsmen on bases and ar- segregation of African Americans. Senate on June 8, 2009; to the Committee on mories in communities across this Environment and Public Works. f country. Since September 11, 2001, they EC–1921. A communication from the Direc- EXECUTIVE AND OTHER tor, Regulatory Management Division, Envi- have been called upon to serve in un- ronmental Protection Agency, transmitting, precedented numbers. We honor the COMMUNICATIONS pursuant to law, the report of a rule entitled tremendous service they provide in pre- The following communications were ‘‘Approval and Promulgation of Air Quality serving our freedoms, but we must also laid before the Senate, together with Implementation Plans; Indiana’’ (FRL No. not forget the critical role they play in accompanying papers, reports, and doc- 8900–5) received in the Office of the President responding on the homefront in com- uments, and were referred as indicated: of the Senate on June 8, 2009; to the Com- munities like Mena that desperately mittee on Environment and Public Works. EC–1912. A communication from the Con- EC–1922. A communication from the Direc- need their help in restoring order and gressional Review Coordinator, Animal and tor, Regulatory Management Division, Envi- stability in their time of need. Plant Health Inspection Service, Department ronmental Protection Agency, transmitting, I am honored to recognize the out- of Agriculture, transmitting, pursuant to pursuant to law, the report of a rule entitled standing service of these citizen sol- law, the report of a rule entitled ‘‘Karnal ‘‘Revisions to the California State Imple- Bunt; Regulated Areas’’ (Docket No. APHIS– mentation Plan; Monterey Bay Unified Air diers to the State of Arkansas and to 2009–0036) received in the Office of the Presi- the thousands of others who have Pollution Control District and Placer Coun- dent of the Senate on June 3, 2009; to the ty Air Pollution Control District’’ (FRL No. helped provide assistance and support Committee on Agriculture, Nutrition, and ∑ 8900–8) received in the Office of the President to communities in need. Forestry. of the Senate on June 8, 2009; to the Com- f EC–1913. A communication from the Con- mittee on Environment and Public Works. gressional Review Coordinator, Animal and EC–1923. A communication from the Direc- MESSAGES FROM THE PRESIDENT Plant Health Inspection Service, Department tor, Regulatory Management Division, Envi- Messages from the President of the of Agriculture, transmitting, pursuant to ronmental Protection Agency, transmitting, United States were communicated to law, the report of a rule entitled ‘‘Importa- pursuant to law, the report of a rule entitled the Senate by Mrs. Neiman, one of his tion of Eggplant from Israel’’ (Docket No. ‘‘Revisions to the California State Imple- APHIS–2007–0153) received in the Office of the secretaries. mentation Plan; Antelope Valley Air Quality President of the Senate on June 3, 2009; to Management District and South Coast Air f the Committee on Agriculture, Nutrition, Quality Management District’’ (FRL No. EXECUTIVE MESSAGES REFERRED and Forestry. 8902–1) received in the Office of the President EC–1914. A communication from the Direc- of the Senate on June 8, 2009; to the Com- As in executive session the Presiding tor, Regulatory Management Division, Envi- mittee on Environment and Public Works. Officer laid before the Senate messages ronmental Protection Agency, transmitting, EC–1924. A communication from the Direc- from the President of the United pursuant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- States submitting sundry nominations ‘‘Triflumizole; Pesticide Tolerances’’ (FRL ronmental Protection Agency, transmitting, which were referred to the appropriate No. 8414–6) received in the Office of the Presi- pursuant to law, the report of a rule entitled dent of the Senate on June 8, 2009; to the ‘‘Approval and Promulgation of Implementa- committees. Committee on Agriculture, Nutrition, and tion Plans for Designated Facilities and Pol- (The nominations received today are Forestry. lutants; Davidson, Knox, and Memphis-Shel- printed at the end of the Senate pro- EC–1915. A communication from the Direc- by Counties, Tennessee’’ (FRL No. 8912–3) re- ceedings.) tor, Regulatory Management Division, Envi- ceived in the Office of the President of the

VerDate Nov 24 2008 01:52 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.043 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6541 Senate on June 8, 2009; to the Committee on EC–1934. A communication from the Assist- of Homeland Security, transmitting, pursu- Environment and Public Works. ant Legal Adviser for Treaty Affairs, Depart- ant to law, the report of a rule entitled EC–1925. A communication from the Direc- ment of State, transmitting, pursuant to the ‘‘Safety Zone; Sea World June Fireworks; tor, Regulatory Management Division, Envi- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Mission Bay, San Diego, California’’ ronmental Protection Agency, transmitting, the report of the texts and background state- ((RIN1625–AA00)(Docket No. USG–2009–0267)) pursuant to law, the report of a rule entitled ments of international agreements, other received in the Office of the President of the ‘‘Approval and Promulgation of Implementa- than treaties (List 2009–0074—2009–0075); to Senate on June 8, 2009; to the Committee on tion Plans for Designated Facilities and Pol- the Committee on Foreign Relations. Commerce, Science, and Transportation. lutants; State of Tennessee and Common- EC–1935. A communication from the Sec- EC–1945. A communication from the Attor- wealth of Kentucky’’ (FRL No. 8912–4) re- retary of the Treasury, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department ceived in the Office of the President of the ant to law, a report on the national emer- of Homeland Security, transmitting, pursu- Senate on June 8, 2009; to the Committee on gency with respect to the risk of nuclear pro- ant to law, the report of a rule entitled Environment and Public Works. liferation created by the accumulation of ‘‘Safety Zone; Sea World Fireworks Season EC–1926. A communication from the Direc- weapons-usable fissile material in the terri- Kickoff; Mission Bay, San Diego, California’’ tor, Regulatory Management Division, Envi- tory of the Russian Federation; to the Com- ((RIN1625–AA00)(Docket No. USG–2009–0279)) ronmental Protection Agency, transmitting, mittee on Banking, Housing, and Urban Af- received in the Office of the President of the pursuant to law, the report of a rule entitled fairs. Senate on June 8, 2009; to the Committee on ‘‘Approval and Promulgation of Implementa- EC–1936. A communication from the Gen- Commerce, Science, and Transportation. tion Plans for Designated Facilities and Pol- eral Counsel, Department of Housing and EC–1946. A communication from the Chief lutants; Jefferson County, Kentucky; Urban Development, transmitting, pursuant Executive Officer, United States Olympic Forsyth County, North Carolina; and Knox to law, (2) reports relative to vacancy an- Committee, transmitting, pursuant to law, a and Davidson Counties, Tennessee’’ (FRL No. nouncements within the Department; to the report relative to the Ted Stevens Olympic 8912–5) received in the Office of the President Committee on Banking, Housing, and Urban and Amateur Sports Act; to the Committee of the Senate on June 8, 2009; to the Com- Affairs. on Commerce, Science, and Transportation. mittee on Environment and Public Works. EC–1937. A communication from the Assist- EC–1947. A communication from the Acting EC–1927. A communication from the Direc- ant Director for Policy, Office of Foreign As- Administrator, Federal Aviation Adminis- tor, Regulatory Management Division, Envi- sets Control, Department of the Treasury, tration, Department of Transportation, ronmental Protection Agency, transmitting, transmitting, pursuant to law, the report of transmitting, pursuant to law, the Adminis- pursuant to law, the report of a rule entitled a rule entitled ‘‘Appendix A to 31 CFR Chap- tration’s Capital Investment Plan for Fiscal ‘‘Outer Continental Shelf Air Regulations ter V’’ received in the Office of the President Years 2010 through 2014; to the Committee on Consistency Update for California’’ (FRL No. of the Senate on June 8, 2009; to the Com- Commerce, Science, and Transportation. 8912–7) received in the Office of the President mittee on Banking, Housing, and Urban Af- EC–1948. A communication from the Attor- of the Senate on June 8, 2009; to the Com- fairs. ney Advisor, U.S. Coast Guard, Department mittee on Environment and Public Works. EC–1938. A communication from the Gen- of Homeland Security, transmitting, pursu- EC–1928. A communication from the Direc- eral Counsel and Senior Policy Advisor, Of- ant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- fice of Management and Budget, Executive ‘‘Drawbridge Operation Regulation; Stur- ronmental Protection Agency, transmitting, Office of the President, transmitting, pursu- geon Bay Ship Canal, Sturgeon Bay, WI’’ pursuant to law, the report of a rule entitled ant to law, (4) reports relative to vacancy ((RIN1625–AA09)(Docket No. USCG–2009– ‘‘Approval and Promulgation of Implementa- announcements within the Office of Manage- 0385)) received in the Office of the President tion Plans for Designated Facilities and Pol- ment and Budget; to the Committee on of the Senate on June 8, 2009; to the Com- lutants; City of Memphis, Tennessee; Control Homeland Security and Governmental Af- mittee on Commerce, Science, and Transpor- of Emissions from Existing Hospital/Medical fairs. tation. Infectious Waste Incinerators’’ (FRL No. EC–1939. A communication from the Acting EC–1949. A communication from the Attor- 8912–9) received in the Office of the President Senior Procurement Executive, Office of the ney Advisor, U.S. Coast Guard, Department of the Senate on June 8, 2009; to the Com- Chief Acquisition Officer, General Services of Homeland Security, transmitting, pursu- mittee on Environment and Public Works. Administration, Department of Defense, and EC–1929. A communication from the Direc- National Aeronautics and Space Administra- ant to law, the report of a rule entitled ‘‘Ma- tor, Regulatory Management Division, Envi- tion, transmitting, pursuant to law, the re- rine Events Regattas; Annual Marine Events ronmental Protection Agency, transmitting, port of a rule entitled ‘‘Federal Acquisition in the Eighth Coast Guard District’’ pursuant to law, the report of a rule entitled Regulation; Federal Acquisition Circular ((RIN1625–AA08)(Docket No. USCG–2008– ‘‘Approval and Promulgation of Implementa- 2005–29, Amendment-4’’ (FAR Case 2007–013) 0386)) received in the Office of the President tion Plans; Georgia: State Implementation received in the Office of the President of the of the Senate on June 8, 2009; to the Com- Plan Revision’’ (FRL No. 8915–7) received in Senate on June 8, 2009; to the Committee on mittee on Commerce, Science, and Transpor- the Office of the President of the Senate on Homeland Security and Governmental Af- tation. June 8, 2009; to the Committee on Environ- fairs. EC–1950. A communication from the Chief ment and Public Works. EC–1940. A communication from the Acting of Staff, Media Bureau, Federal Communica- EC–1930. A communication from the Direc- Chief Executive Officer, Millennium Chal- tions Commission, transmitting, pursuant to tor, Regulatory Management Division, Envi- lenge Corporation, transmitting, pursuant to law, the report of a rule entitled ‘‘Amend- ronmental Protection Agency, transmitting, law, the Semiannual Report of the Inspector ment of Section 73.622(i), Final DTV Table of pursuant to law, the report of a rule entitled General for the period from October 1, 2008, Allotments, Television Broadcast Stations; ‘‘Approval and Promulgation of Implementa- through March 31, 2009; to the Committee on Buffalo, New York’’ (MB Docket No. 09–46) tion Plans; Hawaii’’ (FRL No. 8915–8) re- Homeland Security and Governmental Af- received in the Office of the President of the ceived in the Office of the President of the fairs. Senate on June 8, 2009; to the Committee on Senate on June 8, 2009; to the Committee on EC–1941. A communication from the Acting Commerce, Science, and Transportation. Environment and Public Works. Chairman, Equal Employment Opportunity EC–1951. A communication from the Chief EC–1931. A communication from the Fed- Commission, transmitting, pursuant to law, of Staff, Media Bureau, Federal Communica- eral Register Certifying Officer, Financial the Semiannual Report of the Inspector Gen- tions Commission, transmitting, pursuant to Management Service, Department of the eral for the period from October 1, 2008, law, the report of a rule entitled ‘‘Amend- Treasury, transmitting, pursuant to law, the through March 31, 2009; to the Committee on ment of Section 73.622(i), Final DTV Table of report of a rule entitled ‘‘Debt Collection Homeland Security and Governmental Af- Allotments, Television Broadcast Stations; Authorities under the Debt Collection Im- fairs. South Bend, Indiana’’ (MB Docket No. 08–102) provement Act of 1996’’ (RIN1510–AB19) re- EC–1942. A communication from the Direc- received in the Office of the President of the ceived in the Office of the President of the tor, Office of Personnel Management, trans- Senate on June 8, 2009; to the Committee on Senate on June 8, 2009; to the Committee on mitting, pursuant to law, the Semiannual Commerce, Science, and Transportation. Finance. Report of the Inspector General for the pe- EC–1952. A communication from the Chief EC–1932. A communication from the Fed- riod from October 1, 2008, through March 31, of Staff, Media Bureau, Federal Communica- eral Register Certifying Officer, Financial 2009; to the Committee on Homeland Secu- tions Commission, transmitting, pursuant to Management Service, Department of the rity and Governmental Affairs. law, the report of a rule entitled ‘‘Amend- Treasury, transmitting, pursuant to law, the EC–1943. A communication from the Attor- ment of Section 73.622(i), Final DTV Table of report of a rule entitled ‘‘Disbursing Official ney General, Department of Justice, trans- Allotments, Television Broadcast Stations; Offset’’ (RIN1510–AB22) received in the Office mitting, pursuant to law, the Attorney Gen- Yuma, Arizona’’ (MB Docket No. 08–163) re- of the President of the Senate on June 8, eral’s Semiannual Management Report and ceived in the Office of the President of the 2009; to the Committee on Finance. the Semiannual Report of the Inspector Gen- Senate on June 8, 2009; to the Committee on EC–1933. A communication from the Assist- eral for the period from October 1, 2008, Commerce, Science, and Transportation. ant Secretary, Office of Legislative Affairs, through March 31, 2009; to the Committee on EC–1953. A communication from the Chief Department of State, transmitting, pursuant Homeland Security and Governmental Af- of Staff, Media Bureau, Federal Communica- to law, a report relative to the extension of fairs. tions Commission, transmitting, pursuant to waiver authority for Turkmenistan; to the EC–1944. A communication from the Attor- law, the report of a rule entitled ‘‘Amend- Committee on Finance. ney Advisor, U.S. Coast Guard, Department ment of Section 73.622(i), Final DTV Table of

VerDate Nov 24 2008 01:52 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.043 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6542 CONGRESSIONAL RECORD — SENATE June 11, 2009 Allotments, Television Broadcast Stations; S. 1234. A bill to modify the prohibition on By Mr. MERKLEY: Fort Wayne, Indiana’’ (MB Docket No. 08– recognition by United States courts of cer- S. 1244. A bill to amend the Civil Rights 208) received in the Office of the President of tain rights relating to certain marks, trade Act of 1964 to protect breastfeeding by new the Senate on June 8, 2009; to the Committee names, or commercial names; to the Com- mothers, to provide for a performance stand- on Commerce, Science, and Transportation. mittee on the Judiciary. ard for breast pumps, and to provide tax in- EC–1954. A communication from the Chief By Ms. LANDRIEU (for herself, Mr. centives to encourage breastfeeding; to the of Staff, Media Bureau, Federal Communica- COCHRAN, Mr. SPECTER, and Mr. Committee on Finance. tions Commission, transmitting, pursuant to BAYH): By Mr. WHITEHOUSE (for himself and law, the report of a rule entitled ‘‘Amend- S. 1235. A bill to amend the Public Health Ms. SNOWE): ment of Section 73.622(i), Final DTV Table of Act, the Employee Retirement Income Secu- S. 1245. A bill to amend the Internal Rev- Allotments, Television Broadcast Stations; rity Act of 1974, and the Internal Revenue enue Code of 1986 to provide a tax credit for Williston, North Dakota’’ (MB Docket No. Code of 1986 to require that group and indi- property owners who remove lead-based 08–140) received in the Office of the President vidual health insurance coverage and group paint hazards; to the Committee on Finance. By Mr. SANDERS: of the Senate on June 8, 2009; to the Com- health plans provide coverage for treatment of a minor child’s congenital or develop- S. 1246. A bill to establish a home energy mittee on Commerce, Science, and Transpor- retrofit finance program; to the Committee tation. mental deformity or disorder due to trauma, infection, tumor, or disease; to the Com- on Energy and Natural Resources. f mittee on Health, Education, Labor, and By Mr. MENENDEZ (for himself, Mrs. REPORTS OF COMMITTEES Pensions. GILLIBRAND, and Mr. LEAHY): By Mrs. FEINSTEIN (for herself and S. 1247. A bill to amend the Immigration The following reports of committees Mrs. BOXER): and Nationality Act to promote family were submitted: S. 1236. A bill to amend title XVIII of the unity, and for other purposes; to the Com- mittee on the Judiciary. By Mrs. BOXER, from the Committee on Social Security Act to transition to the use of metropolitan statistical areas as fee By Mr. CASEY: Environment and Public Works, without S. 1248. A bill to establish a program in the amendment: schedule areas for the physician fee schedule in California under the Medicare program; to Department of Energy to encourage con- H.R. 813. A bill to designate the Federal sumers to trade-in older vehicles for more building and United States courthouse lo- the Committee on Finance. By Mrs. MURRAY (for herself, Mr. fuel-efficient vehicles and motorcycles, and cated at 306 East Main Street in Elizabeth for other purposes; to the Committee on Fi- City, North Carolina, as the ‘‘J. Herbert W. JOHNSON, and Mr. REED): S. 1237. A bill to amend title 38, United nance. Small Federal Building and United States States Code, to expand the grant program for By Ms. KLOBUCHAR (for herself, Ms. Courthouse’’. homeless veterans with special needs to in- CANTWELL, and Mr. GREGG): H.R. 837. A bill to designate the Federal S. 1249. A bill to amend title XVIII of the clude male homeless veterans with minor de- building located at 799 United Nations Plaza Social Security Act to create a value index- pendents and to establish a grant program in New York, New York, as the ‘‘Ronald H. ing mechanism for the physician work com- for reintegration of homeless women vet- Brown United States Mission to the United ponent of the Medicare physician fee sched- erans and homeless veterans with children, Nations Building’’. ule; to the Committee on Finance. and for other purposes; to the Committee on By Mr. NELSON of Florida (for him- f Veterans’ Affairs. self, Mr. CRAPO, Mr. BINGAMAN, Mr. By Mr. ISAKSON (for himself, Mr. EXECUTIVE REPORTS OF BENNET, Mr. MARTINEZ, Mr. CARDIN, BURR, Mr. CHAMBLISS, Mr. CORNYN, COMMITTEES and Mr. BROWNBACK): Mr. THUNE, and Mr. VITTER): S. 1250. A bill to amend the Internal Rev- S. 1238. A bill to amend the Workforce In- The following executive reports of enue Code of 1986 to expand the definition of vestment Act of 1998 to make non-union nominations were submitted: cellulosic biofuel to include algae-based training programs eligible for Federal fund- By Mr. SCHUMER for the Committee on biofuel for purposes of the cellulosic biofuel ing the Green Jobs program; to the Com- producer credit and the special allowance for Rules and Administration. mittee on Health, Education, Labor, and *John J. Sullivan, of Maryland, to be a cellulosic biofuel plant property; to the Com- Pensions. mittee on Finance. Member of the Federal Election Commission By Mr. BINGAMAN (for himself, Mr. for a term expiring April 30, 2013. By Mr. WARNER: THUNE, and Mrs. GILLIBRAND): S. 1251. A bill to amend title XVIII of the By Mr. LEAHY for the Committee on the S. 1239. A bill to amend section 340B of the Judiciary. Social Security Act to provide for advanced Public Health Service Act to revise and ex- illness care management services for Medi- Gerard E. Lynch, of New York, to be pand the drug discount program under that United States Circuit Judge for the Second care beneficiaries, and for other purposes; to section to improve the provision of discounts the Committee on Finance. Circuit. on drug purchases for certain safety net pro- By Mr. ROCKEFELLER (for himself, Mary L. Smith, of Illinois, to be an Assist- viders; to the Committee on Health, Edu- Mr. INOUYE, and Ms. CANTWELL): ant Attorney General. cation, Labor, and Pensions. S. 1252. A bill to promote ocean and human By Mrs. FEINSTEIN for the Select Com- By Mr. DEMINT: health and for other purposes; to the Com- mittee on Intelligence. S. 1240. A bill to provide for the reform of mittee on Commerce, Science, and Transpor- *Robert S. Litt, of Maryland, to be General health care, the Social Security system, the tation. Counsel of the Office of the Director of Na- tax code for individuals and business, and By Mr. CORKER (for himself, Mr. NEL- tional Intelligence. the budget process; to the Committee on Fi- SON of Florida, Mrs. SHAHEEN, Ms. *Stephen Woolman Preston, of the District nance. SNOWE, Mr. ISAKSON, and Mr. WICK- of Columbia, to be General Counsel of the By Mr. INHOFE (for himself and Mr. ER): Central Intelligence Agency. TESTER): S. 1253. A bill to address reimbursement of *Nomination was reported with rec- S. 1241. A bill to amend Public Law 106-206 certain costs to automobile dealers; to the to direct the Secretary of the Interior and Committee on the Judiciary. ommendation that it be confirmed sub- the Secretary of Agriculture to require an- ject to the nominee’s commitment to By Mr. SCHUMER (for himself and Mr. nual permits and assess annual fees for com- GRAHAM): respond to requests to appear and tes- mercial filming activities on Federal land S. 1254. A bill to provide for identification tify before any duly constituted com- for film crews of 5 persons or fewer; to the of misaligned currency, require action to mittee of the Senate. Committee on Energy and Natural Re- correct the misalignment, and for other pur- (Nominations without an asterisk sources. poses; to the Committee on Banking, Hous- were reported with the recommenda- By Mr. THUNE (for himself, Mr. ing, and Urban Affairs. tion that they be confirmed.) COBURN, Mr. INHOFE, Mr. VITTER, Mr. By Mr. SCHUMER: JOHANNS, Mr. CORNYN, Mr. KYL, Mr. S. 1255. A bill to amend the Magnuson-Ste- f MCCONNELL, Mr. BARRASSO, and Mr. vens Fishery Conservation and Management INTRODUCTION OF BILLS AND ENSIGN): Act to extend the authorized time period for S. 1242. A bill to prohibit the Federal Gov- rebuilding of certain overfished fisheries, JOINT RESOLUTIONS ernment from holding ownership interests, and for other purposes; to the Committee on The following bills and joint resolu- and for other purposes; to the Committee on Commerce, Science, and Transportation. tions were introduced, read the first Banking, Housing, and Urban Affairs. By Ms. CANTWELL (for herself and and second times by unanimous con- By Mr. HATCH (for himself and Mrs. Mr. KOHL): LINCOLN): S. 1256. A bill to amend title XIX of the So- sent, and referred as indicated: S. 1243. A bill to require repayments of ob- cial Security Act to establish financial in- By Mr. LIEBERMAN (for himself, Mr. ligations and proceeds from the sale of assets centives for States to expand the provision ENSIGN, Mr. NELSON of Florida, Mr. under the Troubled Asset Relief Program to of long-term services and supports to Med- COCHRAN, Mr. MENENDEZ, Mr. MAR- be repaid directly into the Treasury for re- icaid beneficiaries who do not reside in an in- TINEZ, Mr. BURR, Mr. VITTER, and Mr. duction of the public debt; to the Committee stitution, and for other purposes; to the BUNNING): on Banking, Housing, and Urban Affairs. Committee on Finance.

VerDate Nov 24 2008 01:52 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.044 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6543 By Ms. CANTWELL (for herself and HARKIN) was added as a cosponsor of S. ISAKSON) was added as a cosponsor of S. Ms. STABENOW): 144, a bill to amend the Internal Rev- 636, a bill to amend the Clean Air Act S. 1257. A bill to amend the Social Security enue Code of 1986 to remove cell phones to conform the definition of renewable Act to build on the aging network to estab- from listed property under section biomass to the definition given the lish long-term services and supports through 280F. single-entry point systems, evidence based term in the Farm Security and Rural disease prevention and health promotion S. 388 Investment Act of 2002. programs, and enhanced nursing home diver- At the request of Ms. MIKULSKI, the S. 645 sion programs; to the Committee on Fi- name of the Senator from New Hamp- At the request of Mrs. LINCOLN, the nance. shire (Mrs. SHAHEEN) was added as a co- name of the Senator from Michigan f sponsor of S. 388, a bill to extend the (Ms. STABENOW) was added as a cospon- termination date for the exemption of sor of S. 645, a bill to amend title 32, SUBMISSION OF CONCURRENT AND returning workers from the numerical United States Code, to modify the De- SENATE RESOLUTIONS limitations for temporary workers. partment of Defense share of expenses The following concurrent resolutions S. 451 under the National Guard Youth Chal- and Senate resolutions were read, and At the request of Ms. COLLINS, the lenge Program. name of the Senator from Utah (Mr. referred (or acted upon), as indicated: S. 653 BENNETT) was added as a cosponsor of By Mr. SHELBY (for himself, Mr. SES- At the request of Mr. CARDIN, the S. 451, a bill to require the Secretary of SIONS, Mr. ISAKSON, and Mr. name of the Senator from Oklahoma CHAMBLISS): the Treasury to mint coins in com- (Mr. COBURN) was added as a cosponsor S. Res. 183. A resolution celebrating the memoration of the centennial of the of S. 653, a bill to require the Secretary life and achievements of Millard Fuller, the establishment of the Girl Scouts of the of the Treasury to mint coins in com- founder of Habitat for Humanity; considered United States of America. and agreed to. memoration of the bicentennial of the S. 455 By Mr. CARDIN (for himself, Mr. DUR- writing of the Star-Spangled Banner, At the request of Mr. ROBERTS, the BIN, Mr. AKAKA, Mr. ALEXANDER, Mr. and for other purposes. BARRASSO, Mr. BAUCUS, Mr. BAYH, name of the Senator from Utah (Mr. S. 711 Mr. BEGICH, Mr. BENNET, Mr. BEN- BENNETT) was added as a cosponsor of AUCUS NETT, Mr. BINGAMAN, Mr. BOND, Mrs. S. 455, a bill to require the Secretary of At the request of Mr. B , the BOXER, Mr. BROWN, Mr. BROWNBACK, the Treasury to mint coins in recogni- name of the Senator from Montana Mr. BUNNING, Mr. BURR, Mr. BURRIS, tion of 5 United States Army Five-Star (Mr. TESTER) was added as a cosponsor Mr. BYRD, Ms. CANTWELL, Mr. CAR- Generals, George Marshall, Douglas of S. 711, a bill to require mental PER, Mr. CASEY, Mr. CHAMBLISS, Mr. MacArthur, Dwight Eisenhower, Henry health screenings for members of the COBURN, Mr. COCHRAN, Ms. COLLINS, ‘‘Hap’’ Arnold, and Omar Bradley, Armed Forces who are deployed in con- Mr. CONRAD, Mr. CORKER, Mr. alumni of the United States Army nection with a contingency operation, CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. and for other purposes. DODD, Mr. DORGAN, Mr. ENSIGN, Mr. Command and General Staff College, ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, Fort Leavenworth, Kansas, to coincide S. 718 Mrs. GILLIBRAND, Mr. GRAHAM, Mr. with the celebration of the 132nd Anni- At the request of Mr. HARKIN, the GRASSLEY, Mr. GREGG, Mrs. HAGAN, versary of the founding of the United name of the Senator from New York Mr. HARKIN, Mr. HATCH, Mrs. States Army Command and General (Mrs. GILLIBRAND) was added as a co- HUTCHISON, Mr. INHOFE, Mr. INOUYE, Staff College. sponsor of S. 718, a bill to amend the Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- S. 461 Legal Services Corporation Act to SON, Mr. KAUFMAN, Mr. KENNEDY, Mr. INCOLN meet special needs of eligible clients, KERRY, Ms. KLOBUCHAR, Mr. KOHL, At the request of Mrs. L , the Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- names of the Senator from Florida (Mr. provide for technology grants, improve BERG, Mr. LEAHY, Mr. LEVIN, Mr. NELSON), the Senator from Kentucky corporate practices of the Legal Serv- LIEBERMAN, Mrs. LINCOLN, Mr. (Mr. BUNNING), the Senator from ices Corporation, and for other pur- LUGAR, Mr. MARTINEZ, Mr. MCCAIN, Vermont (Mr. SANDERS) and the Sen- poses. Mrs. MCCASKILL, Mr. MCCONNELL, ator from Maine (Ms. SNOWE) were S. 822 Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- added as cosponsors of S. 461, a bill to At the request of Mr. SANDERS, the KULSKI, Ms. MURKOWSKI, Mrs. MUR- amend the Internal Revenue Code of names of the Senator from Maryland RAY, Mr. NELSON of Florida, Mr. NEL- 1986 to extend and modify the railroad SON of Nebraska, Mr. PRYOR, Mr. (Ms. MIKULSKI), the Senator from REED, Mr. REID, Mr. RISCH, Mr. ROB- track maintenance credit. Vermont (Mr. LEAHY) and the Senator ERTS, Mr. ROCKEFELLER, Mr. SAND- S. 565 from Alaska (Mr. BEGICH) were added ERS, Mr. SCHUMER, Mr. SESSIONS, At the request of Mr. DURBIN, the as cosponsors of S. 822, a bill to support Mrs. SHAHEEN, Mr. SHELBY, Ms. name of the Senator from Arkansas the recruitment and retention of vol- SNOWE, Mr. SPECTER, Ms. STABENOW, (Mrs. LINCOLN) was added as a cospon- unteer firefighters and emergency med- Mr. TESTER, Mr. THUNE, Mr. UDALL of sor of S. 565, a bill to amend title XVIII ical services personnel, and for other Colorado, Mr. UDALL of New Mexico, of the Social Security Act to provide purposes. Mr. VITTER, Mr. VOINOVICH, Mr. WAR- continued entitlement to coverage for NER, Mr. WEBB, Mr. WHITEHOUSE, Mr. S. 823 immunosuppressive drugs furnished to WICKER, and Mr. WYDEN): At the request of Ms. SNOWE, the beneficiaries under the Medicare Pro- S. Res. 184. A resolution offering deepest name of the Senator from Tennessee condolences to the family and friends of Offi- gram that have received a kidney (Mr. CORKER) was added as a cosponsor cer Stephen T. Johns and calling on the lead- transplant and whose entitlement to of S. 823, a bill to amend the Internal ers of all Nations to speak out against the coverage would otherwise expire, and manifestations of anti-Semitism, bigotry, for other purposes. Revenue Code of 1986 to allow a 5-year carryback of operating losses, and for and hatred; considered and agreed to. S. 604 By Mr. HARKIN (for himself, Mr. other purposes. At the request of Mr. SANDERS, the BROWNBACK, Mr. LEVIN, Mr. DURBIN, name of the Senator from South Caro- S. 987 Mr. KENNEDY, Mr. LAUTENBERG, Ms. lina (Mr. DEMINT) was added as a co- At the request of Mr. DURBIN, the STABENOW, Mr. BOND, and Mr. COCH- name of the Senator from Connecticut RAN): sponsor of S. 604, a bill to amend title S. Con. Res. 26. A concurrent resolution 31, United States Code, to reform the (Mr. LIEBERMAN) was added as a co- apologizing for the enslavement and racial manner in which the Board of Gov- sponsor of S. 987, a bill to protect girls segregation of African Americans; ordered ernors of the Federal Reserve System in developing countries through the held at the desk. is audited by the Comptroller General prevention of child marriage, and for f of the United States and the manner in other purposes. which such audits are reported, and for S. 1023 ADDITIONAL COSPONSORS other purposes. At the request of Mr. DORGAN, the S. 144 S. 636 names of the Senator from Arkansas At the request of Mr. KERRY, the At the request of Mr. THUNE, the (Mrs. LINCOLN), the Senator from Mis- name of the Senator from Iowa (Mr. name of the Senator from Georgia (Mr. sissippi (Mr. COCHRAN) and the Senator

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.061 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6544 CONGRESSIONAL RECORD — SENATE June 11, 2009 from Delaware (Mr. KAUFMAN) were S. 1153 S. 1225 added as cosponsors of S. 1023, a bill to At the request of Mr. SCHUMER, the At the request of Mr. SANDERS, the establish a non-profit corporation to name of the Senator from Oregon (Mr. names of the Senator from Alaska (Mr. communicate United States entry poli- MERKLEY) was added as a cosponsor of BEGICH) and the Senator from Florida cies and otherwise promote leisure, S. 1153, a bill to amend the Internal (Mr. NELSON) were added as cosponsors business, and scholarly travel to the Revenue Code of 1986 to extend the ex- of S. 1225, a bill to require the Com- United States. clusion from gross income for em- modity Futures Trading Commission S. 1026 ployer-provided health coverage for to take certain actions to prevent the At the request of Mr. CORNYN, the employees’ spouses and dependent chil- manipulation of energy markets, and names of the Senator from Indiana dren to coverage provided to other eli- for other purposes. (Mr. LUGAR) and the Senator from gible designated beneficiaries of em- S. 1232 Idaho (Mr. CRAPO) were added as co- ployees. At the request of Mr. DORGAN, the sponsors of S. 1026, a bill to amend the S. 1157 name of the Senator from North Da- Uniformed and Overseas Citizens Ab- At the request of Mr. CONRAD, the kota (Mr. CONRAD) was added as a co- sentee Voting Act to improve proce- name of the Senator from New Mexico sponsor of S. 1232, a bill to amend the dures for the collection and delivery of (Mr. BINGAMAN) was added as a cospon- Federal Food, Drug, and Cosmetic Act marked absentee ballots of absent sor of S. 1157, a bill to amend title with respect to the importation of pre- overseas uniformed service voters, and XVIII of the Social Security Act to scription drugs, and for other purposes. for other purposes. protect and preserve access of Medicare S. CON. RES. 11 S. 1050 beneficiaries in rural areas to health At the request of Ms. COLLINS, the At the request of Mr. ROCKEFELLER, care providers under the Medicare pro- names of the Senator from Colorado the name of the Senator from New Jer- gram, and for other purposes. (Mr. UDALL), the Senator from Mon- sey (Mr. MENENDEZ) was added as a co- S. 1171 tana (Mr. BAUCUS), the Senator from sponsor of S. 1050, a bill to amend title Nevada (Mr. ENSIGN), the Senator from XXVII of the Public Health Service Act At the request of Mr. PRYOR, the name of the Senator from Ohio (Mr. Iowa (Mr. GRASSLEY), the Senator from to establish Federal standards for Missouri (Mrs. MCCASKILL), the Sen- BROWN) was added as a cosponsor of S. health insurance forms, quality, fair ator from Arkansas (Mr. PRYOR), the marketing, and honesty in out-of-net- 1171, a bill to amend title XVIII of the Social Security Act to restore State Senator from Idaho (Mr. CRAPO), the work coverage in the group and indi- Senator from South Dakota (Mr. JOHN- vidual health insurance markets, to authority to waive the 35-mile rule for designating critical access hospitals SON), the Senator from Kentucky (Mr. improve transparency and account- BUNNING), the Senator from Wisconsin ability in those markets, and to estab- under the Medicare Program. (Mr. KOHL) and the Senator from New lish a Federal Office of Health Insur- S. 1184 Mexico (Mr. UDALL) were added as co- ance Oversight to monitor performance At the request of Mr. VITTER, the sponsors of S. Con. Res. 11, a concur- in those markets, and for other pur- name of the Senator from North Caro- rent resolution condemning all forms poses. lina (Mr. BURR) was added as a cospon- of anti-Semitism and reaffirming the S. 1067 sor of S. 1184, a bill to amend the Na- support of Congress for the mandate of At the request of Mr. FEINGOLD, the tional Labor Relations Act to permit the Special Envoy to Monitor and Com- name of the Senator from Pennsyl- employers to pay higher wages to their bat Anti-Semitism, and for other pur- vania (Mr. CASEY) was added as a co- employees. poses. sponsor of S. 1067, a bill to support sta- S. 1198 S. CON. RES. 14 bilization and lasting peace in northern At the request of Mr. ALEXANDER, the At the request of Mr. BARRASSO, the Uganda and areas affected by the name of the Senator from North Caro- Lord’s Resistance Army through devel- name of the Senator from Maine (Ms. lina (Mr. BURR) was added as a cospon- SNOWE) was added as a cosponsor of S. opment of a regional strategy to sup- sor of S. 1198, a bill to limit disburse- port multilateral efforts to success- Con. Res. 14, a concurrent resolution ment of additional funds under the supporting the Local Radio Freedom fully protect civilians and eliminate Troubled Asset Relief Program to cer- the threat posed by the Lord’s Resist- Act. tain automobile manufacturers, to im- S. CON. RES. 24 ance Army and to authorize funds for pose fiduciary duties on the Secretary humanitarian relief and reconstruc- At the request of Mrs. LINCOLN, the of the Treasury with respect to share- names of the Senator from Indiana tion, reconciliation, and transitional holders of such automobile manufac- justice, and for other purposes. (Mr. BAYH), the Senator from Cali- turers, to require the issuance of fornia (Mrs. BOXER), the Senator from S. 1106 shares of common stock to eligible tax- At the request of Mrs. LINCOLN, the Illinois (Mr. BURRIS), the Senator from payers which represent the common West Virginia (Mr. BYRD), the Senator name of the Senator from Montana stock holdings of the United States (Mr. TESTER) was added as a cosponsor from Michigan (Mr. LEVIN), the Sen- Government in such automobile manu- ator from Florida (Mr. NELSON), the of S. 1106, a bill to amend title 10, facturers, and for other purposes. United States Code, to require the pro- Senator from Rhode Island (Mr. vision of medical and dental readiness S. 1203 WHITEHOUSE) and the Senator from services to certain members of the Se- At the request of Mr. BAUCUS, the New York (Mrs. GILLIBRAND) were lected Reserve and Individual Ready name of the Senator from Maine (Ms. added as cosponsors of S. Con. Res. 24, Reserve based on medical need, and for SNOWE) was added as a cosponsor of S. a concurrent resolution to direct the other purposes. 1203, a bill to amend the Internal Rev- Architect of the Capitol to place a S. 1131 enue Code of 1986 to extend the re- marker in Emancipation Hall in the At the request of Mr. WYDEN, the search credit through 2010 and to in- Capitol Visitor Center which acknowl- name of the Senator from Massachu- crease and make permanent the alter- edges the role that slave labor played setts (Mr. KERRY) was added as a co- native simplified research credit, and in the construction of the United sponsor of S. 1131, a bill to amend title for other purposes. States Capitol, and for other purposes. XVIII of the Social Security Act to S. 1223 S. CON. RES. 25 provide certain high cost Medicare At the request of Mr. JOHANNS, the At the request of Mr. MENENDEZ, the beneficiaries suffering from multiple names of the Senator from North Caro- names of the Senator from Mississippi chronic conditions with access to co- lina (Mr. BURR), the Senator from Ohio (Mr. WICKER) and the Senator from ordinated, primary care medical serv- (Mr. VOINOVICH) and the Senator from Vermont (Mr. SANDERS) were added as ices in lower cost treatment settings, Kentucky (Mr. MCCONNELL) were added cosponsors of S. Con. Res. 25, a concur- such as their residences, under a plan as cosponsors of S. 1223, a bill to re- rent resolution recognizing the value of care developed by a team of qualified quire prior Congressional approval of and benefits that community health and experienced health care profes- emergency funding resulting in Gov- centers provide as health care homes sionals. ernment ownership of private entities. for over 18,000,000 individuals, and the

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.048 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6545 importance of enabling health centers costs of rent, malpractice insurance, S. 1236 and other safety net providers to con- and other expenses necessary to oper- Be it enacted by the Senate and House of Rep- tinue to offer accessible, affordable, ate a medical process. Counties are as- resentatives of the United States of America in and continuous care to their current signed to ‘‘payment localities’’ that are Congress assembled, patients and to every American who supposed to accurately capture these SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘GPCI Jus- lacks access to preventive and primary costs. tice Act of 2009’’. Here is the problem. Some of these care services. SEC. 2. FINDINGS. S. RES. 159 payment localities have not changed Congress finds the following: At the request of Mr. BURRIS, the since 1997. Others have been in place (1) From 1966 through 1991, the Medicare names of the Senator from Texas (Mrs. since 1966. Many areas that were rural program paid physicians based on what they HUTCHISON), the Senator from Michi- even 10 years ago have experienced sig- charged for services. The Omnibus Reconcili- ation Act of 1989 required the establishment gan (Mr. LEVIN), the Senator from Kan- nificant population growth, as metro- of a national Medicare physician fee sched- sas (Mr. BROWNBACK) and the Senator politan areas and suburbs have spread. Many counties now find themselves in ule, which was implemented in 1992, replac- from New York (Mrs. GILLIBRAND) were ing the charge-based system. added as cosponsors of S. Res. 159, a payment localities that do not accu- (2) The Medicare physician fee schedule resolution recognizing the historical rately reflect their true practice costs. currently includes more than 7000 services significance of Juneteenth Independ- These payment discrepancies have a together with their corresponding payment ence Day and expressing the sense of real and serious impact on physicians rates. In addition, each service on the fee the Senate that history should be re- and the Medicare beneficiaries they are schedule has three relative value units garded as a means for understanding unable to serve. My home State of Cali- (RVUs) that correspond to the three physi- fornia has been hit particularly hard. cian payment components of physician work, the past and solving the challenges of practice expense, and malpractice expense. the future. San Diego County physicians are underpaid by 4 percent. A number of phy- (3)(A) Each geographically adjusted RVU S. RES. 170 measures the relative costliness of providing sicians have left the county and 60 per- a particular service in a particular location At the request of Mr. CASEY, the cent of remaining San Diego physicians name of the Senator from West Vir- referred to as a locality. Physician payment report that they cannot recruit new localities are primarily consolidations of the ginia (Mr. ROCKEFELLER) was added as doctors to their practices. carrier-defined localities that were estab- a cosponsor of S. Res. 170, a resolution Santa Cruz County receives an 8.6 lished in 1966. expressing the sense of the Senate that percent underpayment, and as a result, (B) When physician payment localities children should benefit, and in no case no physicians are accepting new Medi- were redesignated in 1997, the Administrator be worse off, as a result of reform of care patients. Instead, they are moving of the Centers for Medicare & Medicaid Serv- the Nation’s health care system. ices acknowledged that the new payment lo- to neighboring Santa Clara, which has cality configuration had not been established S. RES. 179 similar practice cost expense, but is re- on a consistent geographic basis. Some were At the request of Mr. KAUFMAN, the imbursed at a much higher rate. This based on zip codes or Metropolitan Statis- name of the Senator from Maine (Ms. means that seniors often need to travel tical Areas (MSAs) while others were based COLLINS) was added as a cosponsor of S. at least 20 miles to see a physician. on political boundaries, such as cities, coun- Res. 179, a resolution congratulating Sacramento County, a major metro- ties, or States. the American Society of Mechanical politan area, is underpaid by 2.7 per- (C) The Medicare program has not revised Engineers on its 125 years of codes and cent. The county’s population has the geographic boundaries of the physician standards development. payment localities since the 1997 revision. grown by 9.6 percent, while the number (4) Medicare’s geographic adjustment for a f of physicians has declined by 11 per- particular physician payment locality is de- STATEMENTS ON INTRODUCED cent. termined using three GPCIs (Geographic BILLS AND JOINT RESOLUTIONS Sonoma County physicians are paid Practice Cost Indices) that also correspond at least 6.2 percent less than their geo- to the three Medicare physician payment By Mrs. FEINSTEIN (for herself graphic practice costs. They have expe- components of physician work, practice ex- and Mrs. BOXER): rienced at 10 percent decline in special- pense, and malpractice expense. S. 1236. A bill to amend title XVIII of ists and a 9 percent decline in primary (5) The major data source used in calcu- the Social Security Act to transition care physicians. lating the GPCIs is the decennial census which provides new data only once every 10 to the use of metropolitan statistical Health care coverage is not the same areas as fee schedule areas for the phy- years. as access to health care. Seniors’ Medi- (6) This system of geographic payment des- sician fee schedule in California under care cards are of no value if physicians ignation has resulted in more than half of the Medicare program; to the Com- in their community cannot afford to the current physician payment localities mittee on Finance. provide them with health care. having counties within them with a large Mrs. FEINSTEIN. Mr. President, I Physicians deserve to be fairly com- payment difference of 5 percent or more. A rise to introduce legislation to correct pensated for the work they perform. disproportionate number of these underpaid a longstanding flaw in the Medicare California doctors simply want to be counties are located in California, Georgia, Minnesota, Ohio, and Virginia. Geographic Practice Cost Index, GPCI, compensated at the correct rate for the system that negatively impacts physi- (7) For purposes of payment under the practice expenses they face. Medicare program, hospitals are organized cians in California and several other This is not too much to ask. and reimbursed for geographic costs accord- states. The underpayment problem grows ing to MSAs. This legislation will base California more severe every year, and the longer (8) Studies by the Medicare Payment Advi- physician payments on Metropolitan we wait to address it, the more drastic sory Commission (MedPAC) in 2007, the Gov- Statistical Areas, MSAs. Hospital pay- the solution will need to be. This legis- ernment Accountability Office (GAO) in 2007, ments are developed this way, and it lation provides a common sense solu- the Urban Institute in 2008, and Acumen LLC makes sense to pay our doctors in the tion, increasing payment for those fac- in 2008 have all documented this physician same manner. GPCI payment discrepancy—specifically ing the most drastic underpayments, that more than half of the current physician It holds harmless the counties, pre- while protecting other counties from payment localities had counties within them dominately rural ones, whose locality cuts in the process. with a large payment difference (that is, a average would otherwise drop as other This is an issue of equity. It costs payment difference of 5 percent or more) be- counties are reclassified. more to provide health care in expen- tween GAO’s measure of physicians’ costs Congressman SAM FARR, along with sive areas, and physicians serving our and Medicare’s geographic adjustment for an several California colleagues, is intro- seniors must be fairly compensated. area. All these objective studies have rec- ducing companion legislation. Mr. President, I ask unanimous con- ommended changes to the locality system to The Medicare Geographic Practice sent that the text of the bill be printed correct the payment discrepancies. (9) A common recommendation among the Cost Index measures the cost of pro- in the RECORD. GPCI payment discrepancy studies referred viding a Medicare covered service in a There being no objection, the text of to in paragraph (8) is to eliminate the coun- geographic area. Medicare payments the bill was ordered to be printed in ty-based locality and replace it with one de- are supposed to reflect the varying the RECORD, as follows: termined by Metropolitan Statistical Area.

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In any reference in this section to a fee sched- proposing this modest expansion to the cial Security Act (42 U.S.C.1395w–4(e)) is ule area shall be deemed a reference to an amended by adding at the end the following MSA in the State.’’. program, we have struck an important new paragraph: (b) CONFORMING AMENDMENT TO DEFINITION balance between ensuring a close nexus ‘‘(6) TRANSITION TO USE OF MSAS AS FEE OF FEE SCHEDULE AREA.—Section 1848(j)(2) of with low-income and indigent care, en- SCHEDULE AREAS IN CALIFORNIA.— the Social Security Act (42 U.S.C. 1395w(j)(2)) suring that a significant portion of sav- ‘‘(A) IN GENERAL.— is amended by striking ‘‘The term’’ and in- ‘‘(i) REVISION.—Subject to clause (ii) and ings are passed on to the Medicaid pro- serting ‘‘Except as provided in subsection gram, and strengthening the integrity notwithstanding the previous provisions of (e)(6)(C), the term’’. this subsection, for services furnished on or of the program. after January 1, 2010, the Secretary shall re- By Mr. BINGAMAN (for himself, Specifically, newly eligible rural hos- vise the fee schedule areas used for payment Mr. THUNE, and Mrs. pitals would have to meet appropriate under this section applicable to the State of GILLIBRAND): standards demonstrating their ‘‘safety California using the Metropolitan Statistical net’’ status, as do all hospitals that Area (MSA) iterative Geographic Adjust- S. 1239. A bill to amend section 340B ment Factor methodology as follows: of the Public Health Service Act to re- currently participate in the program. ‘‘(I) The Secretary shall configure the phy- vise and expand the drug discount pro- For example, sole community hospitals sician fee schedule areas using the Core- gram under that section to improve the and rural referral centers, all of which Based Statistical Areas-Metropolitan Statis- provision of discounts on drug pur- are paid under the prospective payment tical Areas (each in this paragraph referred chases for certain safety net providers; system, would be required under this to as an ‘MSA’), as defined by the Director of to the Committee on Health, Edu- legislation to serve a significant per- the Office of Management and Budget, as the cation, Labor, and Pensions. centage of low-income and indigent pa- basis for the fee schedule areas. The Sec- retary shall employ an iterative process to Mr. BINGAMAN. Mr. President, I rise tients, have public or non-profit status, transition fee schedule areas. First, the Sec- today with my colleague from South and, if privately owned and operated, retary shall list all MSAs within the State Dakota, Sen. THUNE, to introduce the to have a contract with state or local by Geographic Adjustment Factor described 340B Program Improvement and Integ- government to provide a significant in paragraph (2) (in this paragraph referred rity Act of 2009. This legislation is de- level of indigent care. All standards are to as a ‘GAF’) in descending order. In the signed to address the growing burden designed to reinforce the obligation of first iteration, the Secretary shall compare faced by our Nation’s health care safe- these covered entities to continue serv- the GAF of the highest cost MSA in the ty net institutions in being able to pro- ing low-income and uninsured patients. State to the weighted-average GAF of the vide adequate pharmaceutical care to group of remaining MSAs in the State. If the This legislation would also generate ratio of the GAF of the highest cost MSA to the most vulnerable patient popu- savings for the Medicaid program by the weighted-average GAF of the rest of lations. requiring participating hospitals to State is 1.05 or greater then the highest cost Communities across the country rely credit to their State Medicaid program MSA becomes a separate fee schedule area. on public and non-profit hospitals to a percentage of their savings on inpa- ‘‘(II) In the next iteration, the Secretary serve as the health care ‘‘safety net’’ tient drugs. It would address the over- shall compare the MSA of the second-highest for low-income, uninsured, and under- all efficiency and integrity of the 340B GAF to the weighted-average GAF of the insured patients. With the ever-in- program through improved enforce- group of remaining MSAs. If the ratio of the creasing cost of pharmaceuticals, these second-highest MSA’s GAF to the weighted- ment and compliance measures with average of the remaining lower cost MSAs is institutions are struggling more and respect to manufacturers and covered 1.05 or greater, the second-highest MSA be- more to provide basic pharmaceutical entities. This is designed to improve comes a separate fee schedule area. The care to those least able to afford it. program administration and to prevent iterative process continues until the ratio of Fortunately, many safety net hos- and remedy instances of program the GAF of the highest-cost remaining MSA pitals are currently able to participate abuse. to the weighted-average of the remaining in the federal 340B Drug Discount Pro- The 340B Program Improvement and lower-cost MSAs is less than 1.05, and the re- gram, which enables them to purchase Integrity Act of 2009 would help safety maining group of lower cost MSAs form a outpatient drugs for their patients at net providers stretch their limited re- single fee schedule area, If two MSAs have discounted prices. These hospitals, identical GAFs, they shall be combined in sources through increased access to the iterative comparison. known as ‘‘covered entities’’ under the discounted pharmaceuticals, enhance ‘‘(ii) TRANSITION.—For services furnished 340B statute, include high-Medicaid 340B program integrity by making sure on or after January 1, 2010, in the State of disproportionate share hospitals, DSH, participants are complying with pro- California, after calculating the work, prac- large and small urban hospitals, and gram rules, and improve the care pro- tice expense, and malpractice geographic in- certain rural hospitals. vided to this Nation’s most vulnerable dices described in clauses (i), (ii), and (iii) of I am introducing legislation today, populations. paragraph (1)(A) that would otherwise apply the 340B Program Improvement and In- through application of this paragraph, the Mr. President, I ask unanimous con- tegrity Act of 2009, which would extend sent that the text of the bill be printed Secretary shall increase any such index to discounted drug prices currently man- the county-based fee schedule area value on in the RECORD. December 31, 2009, if such index would other- dated only for outpatient drugs to in- There being no objection, the text of wise be less than the value on January 1, patient drugs purchased by covered en- the bill was ordered to be printed in 2010. tities under the 340B program. Al- the RECORD, as follows: ‘‘(B) SUBSEQUENT REVISIONS.— though the Medicare Modernization S. 1239 ‘‘(i) PERIODIC REVIEW AND ADJUSTMENTS IN Act (MMA) of 2003 permitted pharma- Be it enacted by the Senate and House of Rep- FEE SCHEDULE AREAS.—Subsequent to the ceutical manufacturers to offer 340B process outlined in paragraph (1)(C), not less resentatives of the United States of America in drug discounts to covered entities, this Congress assembled, often than every three years, the Secretary legislation did not include a mandate. shall review and update the California Rest- SECTION 1. SHORT TITLE. of-State fee schedule area using MSAs as de- Without a mandate we have seen very This Act may be cited as the ‘‘340B Pro- fined by the Director of the Office of Man- little willingness on the part of manu- gram Improvement and Integrity Act of agement and Budget and the iterative meth- factures to offer 340B drug discounts 2009’’. odology described in subparagraph (A)(i). for inpatient drugs. As the prices of SEC. 2. EXPANDED PARTICIPATION IN SECTION ‘‘(ii) LINK WITH GEOGRAPHIC INDEX DATA RE- pharmaceutical drugs continue to in- 340B PROGRAM. VISION.—The revision described in clause (i) crease sharply, the need for these inpa- (a) EXPANSION OF COVERED ENTITIES RE- shall be made effective concurrently with tient discounts grows more and more CEIVING DISCOUNTED PRICES.—Section the application of the periodic review of the acute. 340B(a)(4) of the Public Health Service Act adjustment factors required under paragraph My legislation would also allow ex- (42 U.S.C. 256b(a)(4)) is amended by adding at (1)(C) for California for 2012 and subsequent the end the following: periods. Upon request, the Secretary shall panded participation in the program to ‘‘(M) A children’s hospital excluded from make available to the public any county- a subset of rural hospitals that, for a the Medicare prospective payment system level or MSA derived data used to calculate variety of reasons, cannot currently pursuant to section 1886(d)(1)(B)(iii) of the the geographic practice cost index. access 340B discounts. These newly eli- Social Security Act which would meet the

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requirements of subparagraph (L), including ‘‘(iii) EXCEPTIONS.—The Secretary shall es- ceiling prices for covered drugs as calculated the disproportionate share adjustment per- tablish reasonable exceptions to clause (i)— and verified by the Secretary in accordance centage requirement under clause (ii) of such ‘‘(I) with respect to a covered outpatient with this section, in a manner (such as subparagraph, if the hospital were a sub- drug that is unavailable to be purchased through the use of password protection) that section (d) hospital as defined by section through the program under this section due limits such access to covered entities and 1886(d)(1)(B) of the Social Security Act. to a drug shortage problem, manufacturer adequately assures security and protection ‘‘(N) An entity that is a critical access hos- noncompliance, or any other circumstance of privileged pricing data from unauthorized pital (as determined under section 1820(c)(2) beyond the hospital’s control; re-disclosure. of the Social Security Act), and that meets ‘‘(II) to facilitate generic substitution ‘‘(iv) The development of a mechanism by the requirements of subparagraph (L)(i). when a generic covered outpatient drug is which— ‘‘(O) An entity that is a rural referral cen- available at a lower price; or ‘‘(I) rebates and other discounts provided ter, as defined by section 1886(d)(5)(C)(i) of ‘‘(III) to reduce in other ways the adminis- by manufacturers to other purchasers subse- the Social Security Act, or a sole commu- trative burdens of managing both inven- quent to the sale of covered drugs to covered nity hospital, as defined by section tories of drugs subject to this section and in- entities are reported to the Secretary; and 1886(d)(5)(C)(iii) of such Act, and that both ventories of drugs that are not subject to ‘‘(II) appropriate credits and refunds are meets the requirements of subparagraph this section, so long as the exceptions do not issued to covered entities if such discounts (L)(i) and has a disproportionate share ad- create a duplicate discount problem in viola- or rebates have the effect of lowering the ap- justment percentage equal to or greater than tion of subparagraph (A) or a diversion prob- plicable ceiling price for the relevant quarter 8 percent.’’. lem in violation of subparagraph (B).’’. for the drugs involved. (b) EXTENSION OF DISCOUNTS TO INPATIENT (d) MEDICAID CREDITS ON INPATIENT ‘‘(v) Selective auditing of manufacturers DRUGS.—Section 340B of the Public Health DRUGS.—Section 340B(a)(5) of the Public and wholesalers to ensure the integrity of Service Act (42 U.S.C. 256b) is amended— Health Service Act (42 U.S.C. 256b(a)(5)) is the drug discount program under this sec- (1) in subsection (a), by striking ‘‘out- amended by adding at the end the following: tion. patient’’ each place that such appears in ‘‘(E) MEDICAID CREDITS.—Not later than 90 ‘‘(vi) The imposition of sanctions in the paragraphs (2), (5), (7), and (9); and days after the date of filing of the hospital’s form of civil monetary penalties, which— (2) in subsection (b)— most recently filed Medicare cost report, the ‘‘(I) shall be assessed according to stand- (A) by striking ‘‘In this section’’ and in- hospital shall issue a credit as determined by ards established in regulations to be promul- serting the following: the Secretary to the State Medicaid program gated by the Secretary within 180 days of the ‘‘(A) IN GENERAL.—In this section’’; and for inpatient covered drugs provided to Med- date of enactment of the 340B Program Im- (B) by adding at the end the following: icaid recipients.’’. provement and Integrity Act of 2009; ‘‘(B) COVERED DRUG.—In this section, the (e) INTEGRITY IMPROVEMENTS.—Subsection ‘‘(II) shall not exceed $5,000 for each in- term ‘covered drug’— (c) of section 340B of the Public Health Serv- stance of overcharging a covered entity that ‘‘(i) means a covered outpatient drug (as ice Act (42 U.S.C. 256b(c)) is amended to read may have occurred; and defined in section 1927(k)(2) of the Social Se- as follows: ‘‘(III) shall apply to any manufacturer with curity Act); and ‘‘(c) IMPROVEMENTS IN PROGRAM INTEG- an agreement under this section that know- ‘‘(ii) includes, notwithstanding paragraph RITY.— ingly and intentionally charges a covered en- (3)(A) of such section 1927(k), a drug used in ‘‘(1) MANUFACTURER COMPLIANCE.— tity a price for purchase of a drug that ex- connection with an inpatient or outpatient ‘‘(A) IN GENERAL.—From amounts appro- ceeds the maximum applicable price under service provided by a hospital described in priated under paragraph (4), the Secretary subsection (a)(1). subparagraph (L), (M), (N), or (O) of sub- shall provide for improvements in compli- ‘‘(2) COVERED ENTITY COMPLIANCE.— section (a)(4) that is enrolled to participate ance by manufacturers with the require- ‘‘(A) IN GENERAL.—From amounts appro- in the drug discount program under this sec- ments of this section in order to prevent priated under paragraph (4), the Secretary tion. overcharges and other violations of the dis- shall provide for improvements in compli- ‘‘(C) PURCHASING ARRANGEMENTS FOR INPA- counted pricing requirements specified in ance by covered entities with the require- TIENT DRUGS.—The Secretary shall ensure this section. ments of this section in order to prevent di- that a hospital described in subparagraph ‘‘(B) IMPROVEMENTS.—The improvements version and violations of the duplicate dis- (L), (M), (N), or (O) of subsection (a)(4) that described in subparagraph (A) shall include count provision and other requirements spec- is enrolled to participate in the drug dis- the following: ified under subsection (a)(5). count program under this section shall have ‘‘(i) The development of a system to enable ‘‘(B) IMPROVEMENTS.—The improvements multiple options for purchasing covered the Secretary to verify the accuracy of ceil- described in subparagraph (A) shall include drugs for inpatients including by utilizing a ing prices calculated by manufacturers under the following: group purchasing organization or other subsection (a)(1) and charged to covered enti- ‘‘(i) The development of procedures to en- group purchasing arrangement, establishing ties, which shall include the following: able and require covered entities to regu- and utilizing its own group purchasing pro- ‘‘(I) Developing and publishing through an larly update (at least annually) the informa- gram, purchasing directly from a manufac- appropriate policy or regulatory issuance, tion on the Internet website of the Depart- turer, and any other purchasing arrange- precisely defined standards and methodology ment of Health and Human Services relating ments that the Secretary may deem appro- for the calculation of ceiling prices under to this section. priate to ensure access to drug discount pric- such subsection. ‘‘(ii) The development of a system for the ing under this section for inpatient drugs ‘‘(II) Comparing regularly the ceiling Secretary to verify the accuracy of informa- taking into account the particular needs of prices calculated by the Secretary with the tion regarding covered entities that is listed small and rural hospitals.’’. quarterly pricing data that is reported by on the website described in clause (i). (c) PROHIBITION ON GROUP PURCHASING AR- manufacturers to the Secretary. ‘‘(iii) The development of more detailed RANGEMENTS.—Section 340B(a) of the Public ‘‘(III) Performing spot checks of sales guidance describing methodologies and op- Health Service Act (42 U.S.C. 256b(a)) is transactions by covered entities. tions available to covered entities for billing amended— ‘‘(IV) Inquiring into the cause of any pric- covered drugs to State Medicaid agencies in (1) in paragraph (4)(L)— ing discrepancies that may be identified and a manner that avoids duplicate discounts (A) in clause (i), by adding ‘‘and’’ at the either taking, or requiring manufacturers to pursuant to subsection (a)(5)(A). end; take, such corrective action as is appropriate ‘‘(iv) The establishment of a single, uni- (B) in clause (ii), by striking ‘‘; and’’ and in response to such price discrepancies. versal, and standardized identification sys- inserting a period; and ‘‘(ii) The establishment of procedures for tem by which each covered entity site can be (C) by striking clause (iii); and manufacturers to issue refunds to covered identified by manufacturers, distributors, (2) in paragraph (5)— entities in the event that there is an over- covered entities, and the Secretary for pur- (A) by redesignating subparagraphs (C) and charge by the manufacturers, including the poses of facilitating the ordering, pur- (D) as subparagraphs (D) and (E); respec- following: chasing, and delivery of covered drugs under tively; and ‘‘(I) Providing the Secretary with an expla- this section, including the processing of (B) by inserting after subparagraph (B), the nation of why and how the overcharge oc- chargebacks for such drugs. following: curred, how the refunds will be calculated, ‘‘(v) The imposition of sanctions, in appro- ‘‘(C) PROHIBITING THE USE OF GROUP PUR- and to whom the refunds will be issued. priate cases as determined by the Secretary, CHASING ARRANGEMENTS.— ‘‘(II) Oversight by the Secretary to ensure additional to those to which covered entities ‘‘(i) IN GENERAL.—A hospital described in that the refunds are issued accurately and are subject under subparagraph (a)(5)(E), subparagraphs (L), (M), (N), or (O) of para- within a reasonable period of time, both in through one or more of the following ac- graph (4) shall not obtain covered outpatient routine instances of retroactive adjustment tions: drugs through a group purchasing organiza- to relevant pricing data and exceptional cir- ‘‘(I) Where a covered entity knowingly and tion or other group purchasing arrangement, cumstances such as erroneous or intentional intentionally violates subparagraph (a)(5)(B), except as permitted or provided for pursuant overcharging for covered drugs. the covered entity shall be required to pay a to clauses (ii) or (iii). ‘‘(iii) The provision of access through the monetary penalty to a manufacturer or man- ‘‘(ii) INPATIENT DRUGS.—Clause (i) shall not Internet website of the Department of ufacturers in the form of interest on sums apply to drugs purchased for inpatient use. Health and Human Services to the applicable for which the covered entity is found liable

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under paragraph (a)(5)(E), such interest to be such claims to be asserted on behalf of cov- (b) EFFECTIVENESS.—The amendments compounded monthly and equal to the cur- ered entities by associations or organiza- made by this Act shall be effective, and shall rent short term interest rate as determined tions representing the interests of such cov- be taken into account in determining wheth- by the Federal Reserve for the time period ered entities and of which the covered enti- er a manufacturer is deemed to meet the re- for which the covered entity is liable. ties are members. quirements of section 340B(a) of the Public ‘‘(II) Where the Secretary determines a ‘‘(C) FINALITY OF ADMINISTRATIVE RESOLU- Health Service Act (42 U.S.C. 256b(a)) and of violation of subparagraph (a)(5)(B) was sys- TION.—The administrative resolution of a section 1927(a)(5) of the Social Security Act tematic and egregious as well as knowing claim or claims under the regulations pro- (42 U.S.C. 1396r-8(a)(5)), notwithstanding any and intentional, removing the covered entity mulgated under subparagraph (A) shall be a other provision of law. from the drug discount program under this final agency decision and shall be binding section and disqualifying the entity from re- upon the parties involved, unless invalidated By Mr. INHOFE (for himself and entry into such program for a reasonable pe- by an order of a court of competent jurisdic- Mr. TESTER): riod of time to be determined by the Sec- tion. S. 1241. A bill to amend Public Law retary. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 106–206 to direct the Secretary of the ‘‘(III) Referring matters to appropriate There are authorized to be appropriated to Federal authorities within the Food and carry out this subsection, such sums as may Interior and the Secretary of Agri- Drug Administration, the Office of Inspector be necessary for fiscal year 2010, and each culture to require annual permits and General of Department of Health and Human succeeding fiscal year.’’. assess annual fees for commercial film- Services, or other Federal agencies for con- (f) CONFORMING AMENDMENTS.— ing activities on Federal land for film sideration of appropriate action under other (1) SOCIAL SECURITY ACT.—Section 1927 of crews of 5 persons or fewer; to the Com- Federal statutes, such as the Prescription the Social Security Act (42 U.S.C. 1396r–8), is mittee on Energy and Natural Re- Drug Marketing Act. amended— sources. (A) in subsection (a)(5)— ‘‘(3) ADMINISTRATIVE DISPUTE RESOLUTION Mr. INHOFE. Mr. President, I am in- PROCESS.— (i) in subparagraph (A), by striking ‘‘cov- ‘‘(A) IN GENERAL.—Not later than 180 days ered outpatient drugs’’ and inserting ‘‘cov- troducing legislation today with Sen- after the date of enactment of the 340B Pro- ered drugs (as defined in section 340B(b)(2) of ator TESTER to lessen the burdens for gram Improvement and Integrity Act of 2009, the Public Health Service Act)’’; small commercial filming on public the Secretary shall promulgate regulations (ii) by striking subparagraph (D); and lands. Specifically, this legislation pro- to establish and implement an administra- (iii) by redesignating subparagraph (E) as vides special permitting to small film tive process for the resolution of claims by subparagraph (D); crews, defined in the bill as 5 persons (B) in subsection (c)(1)(C)(i), by redesig- covered entities that they have been over- or fewer, to simply pay a reasonable charged for drugs purchased under this sec- nating subclauses (II) through (IV) as sub- tion, and claims by manufacturers, after the clauses (III) through (V), respectively and by annual fee to be able to film on public conduct of audits as authorized by sub- inserting after subclause (I) the following lands. section (a)(5)(D), of violations of subsections new subclause: Our Nation’s public lands are an in- (a)(5)(A) or (a)(5)(B), including appropriate ‘‘(II) any prices charged for a covered drug credible natural resource, and the pro- procedures for the provision of remedies and (as defined in section 340B(b)(2) of the Public fessional outdoor media industry is a enforcement of determinations made pursu- Health Service Act);’’; and valuable way to bring awareness to our ant to such process through mechanisms and (C) in subsection (k)(1)— Nation’s resources and bring about sanctions described in paragraphs (1)(B) and (i) in subparagraph (A), by striking ‘‘sub- (2)(B). paragraph (B)’’ and inserting ‘‘subparagraphs awareness of the value of conservation ‘‘(B) DEADLINE AND PROCEDURES.—Regula- (B) and (D)’’; and of our Nation’s land and resources tions promulgated by the Secretary under (ii) by adding at the end the following new through documentaries, sporting pro- subparagraph (A) shall— subparagraph: grams, and other productions. Small ‘‘(i) designate or establish a decision-mak- ‘‘(D) CALCULATION FOR COVERED DRUGS.— filming crews can be negatively af- ing official or decision-making body within With respect to a covered drug (as defined in fected by the current permitting and the Department of Health and Human Serv- section 340B(b)(2) of the Public Health Serv- fee schedule because the business of ice Act), the average manufacturer price ices to be responsible for reviewing and fi- wildlife filming is done on a specula- nally resolving claims by covered entities shall be determined in accordance with sub- that they have been charged prices for cov- paragraph (A) except that, in the event a tive basis and often relies on unpredict- ered drugs in excess of the ceiling price de- covered drug is not distributed to the retail able factors requiring much patience scribed in subsection (a)(1), and claims by pharmacy class of trade, it shall mean the and time. Last Congress, Chairman RA- manufacturers that violations of subsection average price paid to the manufacturer for HALL held a Natural Resources Com- (a)(5)(A) or (a)(5)(B) have occurred; the drug in the United States by wholesalers mittee hearing on the fees for filming ‘‘(ii) establish such deadlines and proce- for drugs distributed to the acute care class and photography on public lands. At dures as may be necessary to ensure that of trade, after deducting customary prompt that hearing, Steve Scott, an inde- claims shall be resolved fairly, efficiently, pay discounts. The Secretary shall establish and expeditiously; a mechanism for collecting the necessary pendent television producer from Nor- ‘‘(iii) establish procedures by which a cov- data for the acute care class of trade from man, OK, and Chairman of the Profes- ered entity may discover and obtain such in- manufacturers.’’. sional Outdoor Media Association, formation and documents from manufactur- (2) PUBLIC HEALTH SERVICE ACT.—Section probably best described the work of ers and third parties as may be relevant to 340B(a) of such Act (42 U.S.C. 256b(a)) is small outdoor filming operations. He demonstrate the merits of a claim that amended— testified, ‘‘By its very nature, wildlife charges for a manufacturer’s product have (A) in subsection (a)(1), by adding at the photography is extremely time con- exceeded the applicable ceiling price under end the following: ‘‘Each such agreement suming, often done in the harshest con- this section, and may submit such docu- shall require that the manufacturer furnish ments and information to the administrative the Secretary with reports, on a quarterly ditions. . . . While large film and tele- official or body responsible for adjudicating basis, of the price for each covered drug sub- vision production crews need relatively such claim; ject to the agreement that, according to the little time on public lands to complete ‘‘(iv) require that a manufacturer conduct manufacturer, represents the maximum their project, our nation’s professional an audit of a covered entity pursuant to sub- price that covered entities may permissibly outdoor media may spend weeks or section (a)(5)(D) as a prerequisite to initi- be required to pay for the drug (referred to in months in the field in order to capture ating administrative dispute resolution pro- this section as the ‘ceiling price’), and shall a few magic seconds of unstaged Na- ceedings against a covered entity; require that the manufacturer offer each ture in its pristine state. And when ‘‘(v) permit the official or body designated covered entity covered drugs for purchase at under clause (i), at the request of a manufac- or below the applicable ceiling price if such outdoor media members spend time in turer or manufacturers, to consolidate drug is made available to any other pur- the field, under the current fee struc- claims brought by more than one manufac- chaser at any price.’’; and ture, we also spend money, and lots of turer against the same covered entity where, (B) in the first sentence of subsection it.’’ The small professional outdoor in the judgment of such official or body, con- (a)(5)(E), as so redesignated by subsection filming industry has enough natural solidation is appropriate and consistent with (c)(2), by inserting ‘‘after an audit as de- barriers; The Federal Government the goals of fairness and economy of re- scribed in subparagraph (D), and’’ after should not impose itself as another sources; and ‘‘finds,’’. ‘‘(vi) include provisions and procedures to through daily fees adding to the ex- SEC. 3. EFFECTIVE DATES. pense. permit multiple covered entities to jointly (a) IN GENERAL.—The amendments made by assert claims of overcharges by the same this Act shall take effect on January 1, 2010, Last Congress, my colleague from manufacturer for the same drug or drugs in and shall apply to drugs purchased on or Oklahoma, Congressman DAN BOREN, one administrative proceeding, and permit after January 1, 2010. and DON YOUNG, introduced H.R. 5502 to

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.053 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6549 accomplish the same aim of the legisla- Federal lands and waterways administered minishes the entrepreneurial spirit on tion Senator TESTER and I are intro- by the Secretary. The permit shall be valid which our economy is based. ducing today. That legislation was sup- for commercial filming activities or similar Having the Federal Government call ported by nearly 30 outdoors and projects that occur in areas designated for the shots for private industry is plain public use during public hours on all Federal bad for business. It is bad for the econ- sportsmen’s organizations. lands and waterways administered by the Those organizations supporting last Secretary for a 12-month period beginning on omy, and it is bad for the American Congress’ legislation include the Amer- the date of issuance of the permit. taxpayer. ican Fisheries Society, the American ‘‘(B) For persons holding a permit de- So today I am introducing a piece of Sportfishing Association, the Archery scribed in this paragraph, the Secretary legislation, S. 1242, which gives the Trade Association, Bass Pro Shops, the shall not assess, during the effective period Federal Government an exit plan, a Berkley Conservation Institute, Boone of the permit, any additional fee for com- way of exiting the scene from the own- and Crockett Club, Bowhunting Preser- mercial filming activities and similar ership that the Federal Government projects that occur in areas designated for now has in all these various private vation Alliance, Campfire Club of public use during public hours on Federal America, Catch-A-Dream Foundation, companies in our economy. It essen- lands and waterways administered by the tially has four basic provisions. the Congressional Sportsmen’s Founda- Secretary. tion, Conservation Force, Dallas Safari ‘‘(C) In this paragraph, the term ‘film crew’ The first provision is that upon en- Club, Mule Deer Foundation, the Na- includes all persons present on Federal land actment of the legislation, the Treas- tional Assembly of Sportsmen’s Cau- under the Secretary’s jurisdiction who are ury Department may not purchase any cuses, the National Rifle Association, associated with the production of a certain additional ownership stake of private the National Shooting Sports Founda- film. entities, such as warrants, preferred ‘‘(D) The Secretary shall not prohibit, as a stock, or common stock purchased tion, the National Wild Turkey Federa- mechanized apparatus or under any other tion, the North American Bear Founda- through the TARP program. purposes, use of cameras or related equip- The second provision is this: The leg- tion, the North American Grouse Part- ment used for the purpose of commercial islation would require the Treasury to nership, Pheasants Forever, Pure Fish- filming activities or similar projects in ac- sell any ownership stake of a private ing, Quality Deer Management Asso- cordance with this paragraph on Federal entity by July 1, 2010. Any revenue ciation, Quail Forever, the Ruffed lands and waterways administered by the that comes in from the sale of those Grouse Society, Safari Club Inter- Secretary.’’. TARP assets would have to be used for national, the Texas Wildlife Associa- (b) RECOVERY OF COSTS.—Section (1)(b) of Public Law 106–206 (16 U.S.C. 460l–6d) is debt reduction. tion, the Theodore Roosevelt Conserva- amended by— The third provision of the bill is that tion Partnership, the U.S. Sportsmen’s (1) striking ‘‘collect any costs’’ and insert- if the Treasury Secretary determines Alliance, the Wild Sheep Foundation, ing ‘‘recover any costs’’; and the assets are undervalued and there is and Wildlife Forever. (2) striking ‘‘similar project’’ and inserting a reasonable expectation that the as- This Congress, Congressmen BOREN, ‘‘similar projects’’. sets will increase to their original pur- RYAN, COURTNEY, MILLER, PUTNAM, and By Mr. THUNE (for himself, Mr. chase value, the Secretary may hold ROSS introduced H.R. 2031 on April 22, the assets for up to 1 additional year. COBURN, Mr. INHOFE, Mr. 2009, which is identical legislation to Finally, the fourth provision of the VITTER, Mr. JOHANNS, Mr. the legislation Senator TESTER and I bill is that beyond July 1 of 2011, the CORNYN, Mr. KYL, Mr. MCCON- are introducing today. I am sure it will Treasury Secretary may not hold any enjoy the same support from our out- NELL, Mr. BARRASSO, and Mr. direct ownership of private companies door and sportsmen’s organizations, ENSIGN): unless Congress grants additional au- and I look forward to its consideration S. 1242. A bill to prohibit the Federal thority. in the Senate. Government from holding ownership Essentially, what we are doing is say- Mr. President, I ask unanimous con- interests, and for other purposes; to ing that all this ownership interest the sent that the text of the bill be printed the Committee on Banking, Housing, Federal Government now has acquired in the RECORD. and Urban Affairs. in all these private companies would There being no objection, the text of Mr. THUNE. Mr. President, over the have to be wound down, if you will, di- the bill was ordered to be printed in past 15 months, the Federal Govern- vested, by that July 1 deadline in the the RECORD, as follows: ment has taken unprecedented actions year 2010. If the Treasury Department S. 1241 to stabilize the U.S. economy. Unfortu- determines that, in fact, doing so Be it enacted by the Senate and House of Rep- nately, these actions include the Fed- would impair the ability of the Treas- resentatives of the United States of America in eral Government acquiring direct own- ury to recover the full value of those Congress assembled, ership stakes in private companies, assets or if those assets are expected to SECTION 1. PURPOSE. which exposes the American taxpayer appreciate, there is an additional year, The purpose of this Act is to provide com- to significant liabilities and creates a up to a year of flexibility—essentially mercial film crews of 5 persons or fewer ac- dangerous conflict of interest between a waiver—from the July 1, 2010, dead- cess to film in areas designated for public the Federal Government and the pri- line that would extend it to July 1, use during public hours on Federal lands and vate sector. waterways. 2011. So it buys an additional year. But Thanks to the fact that the govern- SEC. 2. ANNUAL PERMIT AND FEE FOR FILM it does put a time certain out there, a CREWS OF 5 PERSONS OR FEWER. ment has intervened in all these pri- deadline, if you will, by which the Fed- (a) IN GENERAL.—Section (1)(a) of Public vate companies, we now have about 500 eral Government has to dispose of and Law 106–206 (16 U.S.C. 460l–6d) is amended banks, we have auto manufacturers, fi- divest itself of all these ownership in- by— nancial institutions, and insurance terests it has in our private economy. (1) redesignating paragraphs (1), (2), and (3) companies that the government now The other issue I think is important as subparagraphs (A), (B), and (C), respec- has an ownership interest in. President is it prevents the Federal Government tively; Obama has become a de facto CEO from acquiring an ownership stake (2) striking ‘‘The Secretary of the Inte- managing large segments of our econ- going into the future. As I said before, rior’’ and inserting ‘‘(1) IN GENERAL.—Except as provided by paragraph (3), the Secretary omy, and Congress is now acting as a any funds that are returned to the of the Interior’’; 535–Member board of directors. Treasury as a result of these assets (3) inserting ‘‘(2) OTHER CONSIDERATIONS.— I think it is fair to say when you being sold would have to be used for ’’ before ‘‘The Secretary may include other combine business with politics, it in- debt reduction. They cannot be recy- factors’’; and evitably leads to harmful conflicts of cled; they cannot be reused; they can- (4) adding at the end the following new interest—which we are already begin- not go into some fund that is going to paragraph: ning to see—because political decisions be used for additional acquisition of ‘‘(3) SPECIAL RULES FOR FILM CREWS OF 5 get substituted for business decisions. private sector assets. PERSONS OR FEWER.— ‘‘(A) For any film crew of 5 persons or As everyone in this Chamber knows I think the reason why this is impor- fewer, the Secretary shall require a permit all too well, government control of pri- tant is if you look at what Secretary and assess an annual fee of $200 for commer- vate business hampers investments. It Geithner has said, he has indicated be- cial filming activities or similar projects on hampers innovation, job creation. It di- fore that their intention is that when

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.028 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6550 CONGRESSIONAL RECORD — SENATE June 11, 2009 some of these funds come back into the omy right now, and this sort of pro- assets that could appreciate over time Treasury—and we saw this recently liferation of companies in which the and, therefore, yield a higher return for with banks that agreed to pay this Federal Government now has an owner- the Federal Government but, at some money back—they are going to reuse ship share. I wish to read for my col- point, we have to say enough is enough. it. I don’t believe that is what was in- leagues some of what has been said by We have to put an end to this practice tended in the first place. I don’t think folks who I think know a lot about the we have gotten involved with, this this was at any point designed to be- private economy and whether it is a precedent we have now created of hav- come a slush fund that could be used good idea to have the Federal Govern- ing the Federal Government own more for the acquisition of other assets; it ment owning and controlling as much and more of our private economy. was designed to be used—at least ini- as they do currently of some of these I would argue, again, that is not good tially, the way it was presented—for companies. If you look at the various for business, it is not good for the econ- the purchase of toxic assets, illiquid as- percentages, they are significant. Of omy, it is not good for job creation; it sets on the balance sheets of many of course, we know most recently General stifles the entrepreneurial spirit which our financial institutions. It quickly Motors, a $50 billion investment there has built this country and made it evolved into something else. It became gets the taxpayer ownership interest to great, and I don’t think it does any- a fund that was used to acquire an eq- about 60 percent; Chrysler, about 12 thing to create jobs and get our econ- uity stake, equity interest in many of percent; Citibank, about 36 percent, omy back on track. these companies. So I don’t think that and you can go down the list of all I hope we will have an opportunity to was the purpose for which it was in- these various private companies in debate this. It seems to me at least tended. which the government now has an own- that in the days ahead there will be I think a lot of people who made ership interest. various bills that will be debated on votes assumed at the time it wouldn’t There was an editorial in the Kansas the floor of the Senate that would give be used to buy toxic assets. It ended up City Star that said that: us a chance to debate this issue. I intend to offer this, if I can’t get some being used to buy an ownership inter- What’s worrisome is that while the admin- est in these companies, and I think, istration said it isn’t interested in running interest in moving it as a freestanding again, the American people are uncom- car companies, it has said little on an exit bill, as an amendment to other vehicles fortable with the notion of the Federal strategy. that might be moving through the Sen- Government owning a big share of our It went on to say: ate in the days and the weeks and the months ahead. But I do think it is im- private economy. I also do not think it Any government bailout of private indus- was intended in the first place to be try should be temporary and as brief as pos- portant. I think it is important to the used to buy the assets of other types of sible. American taxpayer. I think it is important to the American economy. I think industries—essentially, to do industrial Anne Mulcahy, chief executive of it is important to American business policy, as some people have referred to Xerox—I am sure I just butchered the that the Federal Government have an it—to acquire assets of auto manufac- name—said recently: exit strategy. We have a plan whereby turers, for example; it was designed I think all of us understand the need for we can move and get away from this specifically for the financial services the government to intervene and to take the practice we have undertaken now with industry. actions they did, but I also think there’s a There is no real exit strategy out need for an exit plan. great regularity and great frequency of acquiring even more and more inter- there. In fact, Secretary Geithner was Jim Owens, who is the chief execu- ests in American business. asked in front of the Senate Banking tive at Caterpillar, said: Committee a couple weeks ago about I think that’s fundamentally unhealthy. By Mr. HATCH (for himself and whether there was a plan to dispose of The Federal Government needs to be in and Mrs. LINCOLN): some of these assets, and he said there out. S. 1243. A bill to require repayments isn’t a plan; it is not necessary at this Google’s Eric Schmidt noted that the of obligations and proceeds from the point. U.S. stimulus package was designed to sale of assets under the Troubled Asset Well, I think we need to have an exit cover a 2-year period. He said: Relief Program to be repaid directly strategy. Everybody talks about an It’s very important that government get into the Treasury for reduction of the exit strategy. The President needs an out of business and let business do its thing. public debt; to the Committee on exit strategy in Iraq. It seems to me we The most important thing to remember, I Banking, Housing, and Urban Affairs. need to have an exit strategy that think, is that jobs, wealth, are created in the Mr. HATCH. Mr. President, I rise would allow the American taxpayer to private sector. That’s about capitalism. today to introduce the Stop TARP recover funds they have been investing In a Wall Street Journal opinion Asset Recycling Act, or the STAR Act, through the TARP program in all these piece, Paul Ingrassia argues: a bill that would require any funds re- various companies that would get the . . . must have a clear exit timetable for turned to the Treasury Department Federal Government out of the way of the government to sell its shares for both that were originally allocated under these companies and out of the day-to- Chrysler and GM and get the companies back the Troubled Asset Relief Program, day decisionmaking and management in the hands of private investors. Mr. Obama TARP, to be placed in the general fund of these companies. My bill would pro- has an exit strategy for Iraq; he needs one rather than being put back into TARP. hibit that as well, in addition to some for Detroit, too. I am proud to say that this is a bipar- of these other provisions I mentioned. So there are a lot of people who have tisan bill, cosponsored by my friend It would prohibit or bar the Federal a lot of experience when it comes to from Arkansas, Senator LINCOLN. Government from dictating to these running companies who have concluded It is apparent that TARP has become companies with respect to hiring deci- that the government does, in fact, need a slush fund for the Obama administra- sions when it comes to senior execu- an exit strategy. I think, as I said be- tion to acquire banks, insurance com- tives, when it comes to boards of direc- fore, it is fair to say that one doesn’t panies and auto manufacturers. We tors, when it comes to where to relo- exist today, and when Secretary need to ensure that the original pur- cate or locate or close certain plants. Geithner testified in front of the Sen- pose of TARP is maintained and Treas- Those are decisions that should not be ate Banking Committee a couple weeks ury is prevented from unilaterally and made by politicians in Washington. back he admitted as much, that there arbitrarily nationalizing our nation’s They should not be made by bureau- isn’t an exit plan. private sector. crats in Washington, DC. They ought What my bill does is it gives us an The Emergency Economic Stabiliza- to be business decisions and not polit- exit plan. It gives us an exit plan with tion Act, which was signed into law ical decisions. a deadline, with a little flexibility in last October, created TARP. This act The bill, as I said, is very straight- the deadline, some ability to provide a authorized TARP to purchase up to forward. waiver for the Treasury Department $700 billion in troubled assets from fi- There are a number of folks who have that would allow for an additional nancial institutions ‘‘to restore liquid- commented on, made observations year, if necessary; if those assets the ity and stability to the financial sys- about what is happening in the econ- government holds are considered to be tem.’’ However, since its inception,

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.058 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6551 TARP has taken on a different role in By Mr. MERKLEY: tantly, it affords working moms with our free enterprise system. It seems to S. 1244. A bill to amend the Civil the time, space, and privacy they need have become the go-to solution for all Rights Act of 1964 to protect to express milk. of our problems. It has been used to breastfeeding by new mothers, to pro- Many of these changes have been suc- bail out banks, insurance companies vide for a performance standard for cessfully implemented in my home and automobile manufacturers. What is breast pumps, and to provide tax incen- State of Oregon where we have seen a next, Mr. President? tives to encourage breastfeeding; to the tremendous difference in the experi- Some of our healthier banks are now Committee on Finance. ences of mothers, as well as positive returning this money because, I be- Mr. MERKLEY. Mr. President, I rise impacts for employers, as a result of lieve, of the unreasonable regulations today to discuss a bill to help promote this type of legislation. that have been and could be placed on and protect breastfeeding in the work- Tonya Hirte, a senior customer serv- firms with TARP funds. While it is place. ice representative in Portland, said clear that proceeds from TARP sales The science is undisputable—babies that before the law took effect, she had must be placed in the general fund to who are breastfed the first 6 months of to express breast milk in a bathroom pay down our increasing debt, it is un- life have a greatly reduced risk for on a separate floor from her worksite, clear under the law whether or not the acute and chronic disease—yet only ten but that after implementation of the original investment from TARP must percent of all infants receive this nour- law, her company converted a storage be placed in the general fund or can be ishment that they need to remain closet into a private, simply-furnished recycled back into TARP. The latter healthy. One of the primary reasons for room, bringing dignity to her experi- option would result in an ever-revolv- this is that working moms face real ence as a mother, and helping her feel ing slush fund for TARP and could pro- and serious challenges to expressing valued as an employee. vide this administration with the milk when they return to work. A Lane County employee said that means to pick and choose which com- Well, today is a day to change that. having a breastfeeding-friendly work- pany it would next like to nationalize. In Oregon, we have enacted strong leg- place allowed her to focus better on her For example, the Treasury Depart- islation to make sure that working work, knowing her daughter’s needs ment recently used $30 billion to pur- moms are afforded the time and space were being met emotionally and phys- chase up to 60 percent of General Mo- they need at work to express milk. In ically because the work breaks to ex- tors’ shares. If, in the future, Treasury fact, my first event as a candidate for press breast milk facilitated their sells these shares at a gain, let us say U.S. Senate was at a luncheon cele- breastfeeding relationship when they $32 billion, the $2 billion profit must be brating the success of Oregon’s were together. put back into the general fund, but it breastfeeding promotion law. I said But it’s not just the employees who is unclear whether the original $30 bil- that day that I would work to expand are seeing positive changes as a result lion investment recovered from the Oregon’s efforts nationwide, and today of the Oregon law. Jim Rochs, General sale can be put back into TARP. we take the important first step to- Manager of Carinos Italian Restaurant I do not believe any of my colleagues wards enacting legislation to protect in Bend, Oregon, says that they create intended TARP to get this out of con- working moms across the country. a better team overall if they take care trol. It is time that we reestablish the First, I want to thank Representa- of one another. The time and space his purpose of TARP by requiring Treasury tive CAROLYN MALONEY of New York for employee needed to express breast to put the original investment back her strong leadership on this issue. For milk was not difficult to provide. into the general fund. Congress must years, she has been a champion for Gretchen Peterson, Human Resources no longer stand by and watch Treasury working moms everywhere, and I ap- Manager for Hanna Andersson clothing amass an everlasting fund it can use to plaud her determination to make it design, manufacturer and retail store, bail out any industry it deems ‘‘too big easier for women. said that ‘‘legislation to encourage to fail’’ without congressional ap- We know that 72 percent of moms longer-term breastfeeding by elimi- proval. work full time, and that number is nating potential workplace barriers Ten large banks have recently re- growing. In fact, according to the Cen- has been successfully passed and imple- ceived Treasury approval to repay $68 ter on Work and Family at Boston Col- mented in Oregon with no negative im- billion received under TARP. I believe lege, the fastest-growing segment of pact to business.’’ She goes on to say, now is the time to start restricting the U.S. workforce is women with chil- ‘‘Without this opportunity, our em- Treasury’s access to these funds. My dren under three years of age. ployees may have made the choice to bill would force Treasury to put this Women who decide to breastfeed stay at home or choose to work for an- money back into the general fund once often face unique challenges and at other company which would have it is used. It would not prevent Treas- times, social stigmas, for trying to give caused a significant disruption to our ury from using up to $700 billion al- their baby the healthiest start in life. business.’’ ready authorized under TARP, but it In an environment where mothers re- Research from the Maternal Child would force Treasury to make sure turn to work as early as 3 to 6 weeks Health Bureau demonstrates a signifi- that the taxpayers’ investment is spent post-partum, often driven by economic cant return on investment when busi- wisely. necessity, it is simply an act of human nesses support worksite lactation pro- The American taxpayer has been told decency to protect their right to con- grams. to foot the bill for rescuing the finan- tinue breastfeeding after they return The Mutual of Omaha insurance com- cial sector, but now they are being to work to help meet their basic needs pany conducted a study that found forced to bail out any company at the with regard to the care and nourish- health care costs for newborns to be discretion of the Department of Treas- ment of their children. But for most, it three times lower for babies whose ury. Many Utahns are saying it is time is an unachievable goal. mothers participate in their company’s to be fiscally conservative, and I agree. If we are to have any hope of increas- maternity and lactation program. Per So do millions elsewhere across the Na- ing the number of babies being person health care costs were $2,146 tion. breastfed, we need to implement a more for employees who did not par- I hope my colleagues would agree as strategy that addresses workplace con- ticipate in the program, with a yearly well and support this legislation; oth- ditions. savings of $115,881 in health care claims erwise, we have not only written a The Breastfeeding Promotion Act for the breastfeeding mothers and ba- blank check to Treasury, but we have that Representative MALONEY and I are bies. delegated an enormous amount of introducing today is a measured step in This is truly a public health issue. power over our free enterprise system. this direction. Encouraging breastfeeding for working This money belongs to the people, not It protects breastfeeding women from mothers will help alleviate the nega- the Obama administration. I think it is discrimination in the workplace, pro- tive effects of low breastfeeding rates, time Congress acts to ensure that vides tax credits to employers who including a 21 percent greater infant TARP is being used for its intended make accommodations for mortality rate for babies not exclu- purpose. breastfeeding moms, and most impor- sively breastfed for 6 months, and

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.057 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6552 CONGRESSIONAL RECORD — SENATE June 11, 2009 greater risk over a lifetime for many quire medical treatment as a result of Mexico, California, Virginia, Texas, illnesses including asthma, diabetes, lead exposure. and Maryland have authorized local obesity, and certain cancers. The Whitehouse-Snowe bill will pro- governments to provide financing to Finally, the timing could not be bet- vide a powerful tax incentive to land- homeowners for energy improvements. ter as we ramp up our efforts to reform lords and make a much greater impact Homeowners then can pay back the our health care system and work to in reducing household lead exposure. It cost of the improvements over time on contain costs. A 2001 USDA study found is no surprise that many of our poorest their property tax bills. that if half of the babies in the U.S. residents are the most affected by lead- The Home Energy Retrofit Finance were exclusively breastfed for 6 based paint illnesses. Whatever their Program would give these efforts a months, we would realize a savings of economic situation, no family should boost by supporting local government $3.6 billion in health care costs for the be forced to choose between afford- and utility programs that provide three leading childhood illnesses alone. ability and the safety of their children. households with cost-effective financ- According to the U.S. Breastfeeding Our citizens are facing a multitude of ing for energy efficiency measures and Committee, if we replicate that study difficult financial decisions in the renewable energy. This Program offers based on current breastfeeding statis- midst of the current recession, and a win-win situation where we can tics, the savings could reach nearly $14 many people are unable to bear the achieve our economic and environ- billion in health care costs for all costs of lead abatement. mental goals. I ask that my colleagues childhood illnesses. It is not news that health care costs consider the merits of the Home En- Colleagues, I look forward to passing are spiraling out of control, and Con- ergy Retrofit Finance Program as we the Breastfeeding Promotion Act to gress is working hard to find a solution move forward with comprehensive en- help make it easier for moms to to this complicated problem. Lead- ergy and climate change legislation. breastfeed, which will lead to healthier based paint does not require such a Mr. President, I ask unanimous con- babies, stronger families, and happier complicated solution, and the Home sent that the text of the bill be printed workers. Lead Safety Tax Credit Act takes a in the RECORD. proactive role in preventing an illness There being no objection, the text of Mr. WHITEHOUSE (for himself that doesn’t have to exist at all. Chil- the bill was ordered to be printed in and Ms. SNOWE): dren exposed to lead-based paint will the RECORD, as follows: S. 1245. A bill to amend the Internal pay thousands of dollars in health care S. 1246 Revenue Code of 1986 to provide a tax costs. Our legislation will not only Be it enacted by the Senate and House of Rep- credit for property owners who remove save the lives of children across our resentatives of the United States of America in lead-based paint hazards; to the Com- country, but help mitigate the unnec- Congress assembled, mittee on Finance. essary burden of lead-based paint poi- SECTION 1. SHORT TITLE. Ms. SNOWE. Mr. President, I rise soning on our health care system. We This Act may be cited as the ‘‘Home En- today along with my friend Senator must do everything in our power to energy Retrofit Finance Program Act’’. WHITEHOUSE to introduce the Home courage landlords an property owners SEC. 2. FINDINGS. Lead Safety Tax Credit Act. Unfortu- to rid homes of harmful lead-based Congress finds that— nately, lead paint remains a serious paint and I hope my colleagues will (1) many families lack access to upfront capital to make cost-effective energy im- risk to families across the country and join us in supporting this legislation. poses an especially dangerous hazard provements to homes and apartments; for children. According to the Depart- (2) a number of States, local governments, By Mr. SANDERS: and energy utilities are considering enactment of Housing and Urban Develop- S. 1246. A bill to establish a home ening, or have already enacted, innovative en- ment, HUD, 23 million homes in the ergy retrofit finance program; to the ergy efficiency and renewable energy finance United States currently have a signifi- Committee on Energy and Natural Re- programs; cant amount of lead-based paint, and sources. (3) home retrofits create and support jobs exposure has caused 240,000 children Mr. SANDERS. Mr. President, I am in the United States in a number of fields, under the age of six to have blood-lead pleased to introduce legislation to es- including jobs for electricians, heating and levels high enough to cause irreversible tablish a Home Energy Retrofit Fi- air conditioning installers, carpenters, con- neurological damage and learning dis- nance Program. My office has worked struction, roofers, industrial truck drivers, energy auditors and inspectors, construction abilities. closely with a number of stakeholders managers, insulation workers, renewable en- The current Federal abatement pro- and experts in developing this Pro- ergy installers, and others; grams are simply inadequate to address gram. It is supported by the Vermont (4) cost-effective energy improvements pay the home repair requirements of mil- Energy Investment Corporation, the for themselves over time and also save con- lions of families who remain exposed to National Trust for Historic Preserva- sumers energy, reduce energy demand and lead. In fiscal year 2008, HUD’s Lead tion, Green for All, the Apollo Alli- peak electricity demand, move the United Hazard Control Program provided for ance, and the Union of Concerned Sci- States towards energy independence, reduce lead abatement of only 12,600 homes. It entists, because they know that im- greenhouse gas emissions, and improve the value of residential properties; doesn’t take an advanced degree in proving residential sector energy use is (5) modeling has shown that— mathematics to know that 12,600 is an a strategy to address global warming, (A) energy efficiency and renewable energy insufficient abatement number when save families on their utility bills, and upgrades in just 15 percent of residential 240,000 children have already been ex- create jobs. buildings in the United States would require posed to harmful levels of lead-based Households across the Nation will be $280,000,000,000 in financing; and paint. able to lower their energy bills and (B) the upgrades described in subparagraph The tax credit in the Whitehouse- generate their own renewable energy (A) could reduce carbon dioxide emissions by Snowe bill would be worth up to $3,000 through the Program. It would provide more than a gigaton; and (6) home retrofits— per eligible housing unit for abatement initial capital to States, according to (A) are a key strategy to reducing global costs or up to $1,000 for each unit for the established State energy program warming pollution; and interim control costs—which reduce formula, to set up state revolving fi- (B) create and support green jobs. but do not eliminate the hazard. These nance funds. These State funds would SEC. 3. DEFINITIONS. incentives will encourage property in turn provide financial support for In this Act: owners to make their homes and prop- local government programs, such as (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- erties lead-safe. According to the clean energy district financing, and en- gible participant’’ means a homeowner, Maine Indoor Air Quality Council, al- ergy utility programs, such as on-bill apartment complex owner, residential coop- most 80 percent of homes and apart- financing. erative association, or condominium associa- ments in Maine built before 1978 could There are already a number of inno- tion that finances energy efficiency measures and renewable energy improvements to have lead paint. That being said, the vative programs to help finance resi- homes and residential buildings under this tax credit in our legislation will help dential energy efficiency and renew- Act. greatly reduce that number and in turn able energy across the country. For ex- (2) ENERGY EFFICIENCY MEASURE AND RE- reduce the number of children who re- ample, States such as Vermont, New NEWABLE ENERGY IMPROVEMENT.—The term

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Due in energy or fuel by a consumer, facility, or repayment of any funds made available by large part to the downturn in our econ- user; and qualified program delivery entities under the omy, motorcycle sales have dropped 30 (B) carbon dioxide emissions, as deter- program, the funds shall be deposited in the percent in the first quarter of 2009, ac- mined by the Secretary. applicable State revolving finance fund to cording to the Motorcycle Industry (3) PROGRAM.—The term ‘‘program’’ means support additional financing to qualified pro- Council. In my home State of Pennsyl- the Home Energy Retrofit Finance Program gram delivery entities for energy efficiency vania, Harley-Davidson has had to cut established under section 4(a). measures and renewable energy improve- production and reduce its work force as (4) QUALIFIED PROGRAM DELIVERY ENTITY.— ments. The term ‘‘qualified program delivery enti- (g) COORDINATION WITH STATE ENERGY EF- a result of these declines in motorcycle ty’’ means a local government, energy util- FICIENCY RETROFIT PROGRAMS.—Home energy sales. Established in 1973, the Harley- ity, or any other entity designated by the retrofit programs that receive financing Davidson assembly plant in York, PA, Secretary that administers the program for through the program shall be carried out in is the company’s largest manufac- a State under this Act. accordance with all authorized measures, turing facility and is the third largest (5) SECRETARY.—The term ‘‘Secretary’’ performance criteria, and other require- employer in York County, PA, employ- means the Secretary of Energy. ments of any applicable Federal home ening over 2,200 people. It has been re- SEC. 4. HOME ENERGY RETROFIT FINANCE PRO- ergy efficiency retrofit programs. ported that it is probably the leanest GRAM. (h) PROGRAM EVALUATION.— (a) ESTABLISHMENT.—The Secretary shall (1) IN GENERAL.—The Secretary shall con- time that Harley has faced since the provide Home Energy Retrofit Finance Pro- duct a program evaluation to determine— company went public in 1986. Harley- gram grants to States for the purpose of es- (A) how the program is being used by eligi- Davidson, like the auto makers and tablishing or expanding a State revolving fi- ble participants, including what improve- other manufacturing sectors, is fight- nance fund to support financing offered by ments have been most typical and what re- ing hard to maintain its workforce and qualified program delivery entities for en- gional distinctions exist, if any; to continue to produce a high quality, ergy efficiency measures and renewable en- (B) what improvements could be made to ergy improvements to existing homes and American-made product during these increase the effectiveness of the program; tough economic times. However, the residential buildings (including apartment and complexes, residential cooperative associa- (C) the quantity of verifiable energy sav- specter of further reductions in motor- tions, and condominium buildings under 5 ings and renewable energy deployment cycle sales could lead to further job stories). achieved through the program. losses in my State, a State already (b) FUNDING MECHANISM.—In carrying out (2) REPORTS.— hard hit by the current economic cri- the program, the Secretary shall provide (A) IN GENERAL.—Not later than 3 years funds to States, for use by qualified program sis. after the date of enactment of this Act, the delivery entities that administer finance Indeed, the economic impact of the programs directly or under agreements with Secretary shall submit to the Committee on American motorcycle industry also ex- collaborating third party entities, to cap- Energy and Natural Resources of the Senate tends far beyond the direct employ- and the Committee on Energy and Commerce italize revolving finance funds and increase ment at facilities such as the Harley- participation in associated financing proof the House of Representatives a report that describes the results of the program evalua- Davidson manufacturing plants in grams. Pennsylvania, Missouri, or Wisconsin. (c) ELIGIBILITY OF QUALIFIED PROGRAM DE- tion required under this subsection, includ- LIVERY ENTITIES.— ing any recommendations. Many of the same parts suppliers that (1) IN GENERAL.—The Secretary shall pro- (B) STATE REPORTS.—Not less than once provide the critical supply chain for vide guidance to the States on application every 2 years, States participating in the our American auto manufacturers, in requirements for a local government or en- program shall submit to the Secretary re- States such as Michigan, Indiana, Ohio, ergy utility that seeks to participate in the ports on the use of funds through the pro- and many others, also rely upon motor- gram that include any information that the program, including criteria that require, at a cycle manufacturers as critical cus- minimum— Secretary may require. tomers. These parts manufacturers and (A) a description of a method for deter- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. mining eligible energy professionals who can (a) IN GENERAL.—There are authorized to suppliers will also be aided by in- be contracted with under the program for en- be appropriated such sums as are necessary creased motorcycle sales. The effect of ergy audits and energy improvements, in- to carry out this Act for each of fiscal years increased motorcycle sales will be im- cluding a plan to provide preference for enti- 2010 through 2015. mediate and meaningful. For example, ties that— (b) ADMINISTRATIVE EXPENSES.—An amount Harley-Davidson utilizes ‘‘Just In (i) hire locally; not exceeding 5 percent of the amounts made Time’’ manufacturing principles, (ii) partner with State Workforce Invest- available under subsection (a) shall be avail- meaning they do not hold parts inven- ment Boards, labor organizations, commu- able for each fiscal year to pay the adminis- nity-based organizations, and other job trative expenses necessary to carry out this tories. So, every new bike ordered trig- training entities; or Act. gers new orders for parts—there is very (iii) are committed to ensuring that at little elasticity in the supply chain, so least 15 percent of all work hours are per- By Mr. CASEY: the economic benefit down the line is formed by participants from State-approved S. 1248. A bill to establish a program immediate. apprenticeship programs; and in the Department of Energy to en- Finally, in terms of economic activ- (B) a certification that all of the work de- courage consumers to trade in older ve- ity, this act recognizes the challenges scribed in subparagraph (A) will be carried out in accordance with subchapter IV of hicles for more fuel-efficient vehicles faced by our auto dealerships and the chapter 31 of title 40, United States Code. and motorcycles, and for other pur- best way to help those dealerships is to (2) REPAYMENT OVER TIME.—To be eligible poses; to the Committee on Finance. encourage the purchasing of new, more to participate in the program, a qualified Mr. CASEY. Mr. President, I rise fuel-efficient vehicles. The same prin- program delivery entity shall establish a today to introduce the Green Transpor- ciple applies to our motorcycle dealers. method by which eligible participants may tation Efficiency Act of 2009. This bill In addition to helping to spur eco- pay over time for the financed cost of allow- would establish a voucher program in nomic recovery and protect manufac- able energy efficiency measures and renew- the Department of Energy to encour- turing jobs in Pennsylvania and other able energy improvements. parts of the country where motorcycles (d) ALLOCATION.—In making funds avail- age American consumers to trade in able to States for each fiscal year under this their older, less fuel-efficient vehicles and motorcycle parts are manufactured Act, the Secretary shall use the allocation for new, more fuel-efficient vehicles, and assembled, the inclusion of motor- formula used to allocate funds to States to including motorcycles. cycles in this act will help America carry out State energy conservation plans This act is very similar to other move away from its dependence on for- under part D of title III of the Energy Policy ‘‘cash for clunkers’’ bills offered in the eign sources of oil. Motorcycles are in- and Conservation Act (42 U.S.C. 6321 et seq.). House and Senate in that it will help herently fuel efficient. Average miles- (e) USE OF FUNDS.—Of the amounts in a State revolving finance fund— stimulate the economy by providing a per-gallon for motorcycles ranges from (1) not more than 20 percent may be used much needed boost to our struggling 40–50 MPG, even higher for smaller by qualified program delivery entities for in- automobile industry, but will go a step bikes.

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.063 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6554 CONGRESSIONAL RECORD — SENATE June 11, 2009 Allowing consumers the option of described in subparagraph (A), as determined (14) QUALIFYING LEASE.—The term ‘‘quali- trading in their older, inefficient vehi- by the Secretary (and posted on the website fying lease’’ means a lease of an automobile cles for newer, more fuel efficient cars, of the National Highway Traffic Safety Ad- for a period of not less than 5 years. ministration) using data maintained by the (15) QUALIFYING VEHICLE.—The term ‘‘quali- trucks, and motorcycles will help the Environmental Protection Agency for the fying vehicle’’ means— Nation achieve the dual goals of reduc- make, model, and year of the eligible trade- (A) a new fuel-efficient automobile; or ing our demand for imported oil and rein vehicle. (B) a new fuel-efficient motorcycle. ducing our emissions of greenhouse (6) DEALER.—The term ‘‘dealer’’ means a (16) SCRAPPAGE VALUE.—The term gases—both critical components of our person licensed by a State who engages in ‘‘scrappage value’’ means the amount re- energy future. Just as importantly, the the sale of new automobiles to ultimate pur- ceived by the dealer for a vehicle on trans- act will provide a much needed jump chasers. ferring title of the vehicle to the person re- start to the auto and motorcycle indus- (7) ELIGIBLE TRADE-IN VEHICLE.—The term sponsible for ensuring the dismantling and ‘‘eligible trade-in vehicle’’ means an auto- destroying of the vehicle. tries at a time when their sales are at mobile, work truck, or motorcycle that, at (17) SECRETARY.—The term ‘‘Secretary’’ historic lows, plants are closing, and the time the automobile, work truck, or mo- means the Secretary of Energy. jobs are being lost. torcycle is presented for trade-in under this (18) ULTIMATE PURCHASER.—The term ‘‘ulti- I urge all of my colleagues to join me Act— mate purchaser’’ means, in the case of any in support of this Act so that con- (A) is in drivable condition; qualifying vehicle, the first person who in sumers are given a strong signal from (B) has been continuously insured con- good faith purchases the qualifying vehicle Washington to trade in their older, in- sistent with the applicable State law and for purposes other than resale. registered to the same owner for a period of (19) VEHICLE IDENTIFICATION NUMBER.—The efficient vehicles and purchase new, not less than 1 year immediately prior to the term ‘‘vehicle identification number’’ means high-fuel-efficient cars, trucks, or mo- trade-in; the 17-character number used by the auto- torcycles. (C) was manufactured less than 25 years be- mobile industry to identify individual auto- Mr. President, I ask unanimous con- fore the date of the trade-in; and mobiles. sent that the text of the bill be printed (D) in the case of an automobile, has a (20) WORK TRUCK.—The term ‘‘work truck’’ in the RECORD. combined fuel economy value of 18 miles per has the meaning given the term in section There being no objection, the text of gallon or less. 32901(a) of title 49, United States Code. (8) MOTORCYCLE.—The term ‘‘motorcycle’’ the bill was ordered to be printed in SEC. 3. GREEN TRANSPORTATION EFFICIENCY means a motor vehicle with motive power PROGRAM. the RECORD, as follows: having a seat or saddle for the use of the (a) ESTABLISHMENT.—There is established S. 1248 rider and designed to travel on not more in the Department of Energy a voluntary Be it enacted by the Senate and House of Rep- than 3 wheels in contact with the ground. program to be known as the ‘‘Green Trans- resentatives of the United States of America in (9) NEW FUEL-EFFICIENT AUTOMOBILE.—The portation Efficiency Program’’ under which Congress assembled, term ‘‘new fuel-efficient automobile’’ means the Secretary, in accordance with this section and regulations issued under subsection SECTION 1. SHORT TITLE. a passenger automobile, category 1 truck, category 2 truck, or category 3 truck— (h), shall— This Act may be cited as the ‘‘Green (A) the equitable or legal title of which has (1) authorize the issuance of an electronic Transportation Efficiency Act of 2009’’. not been transferred to any person other voucher in accordance with subsection (c) to SEC. 2. DEFINITIONS. than the ultimate purchaser; offset the purchase price, or lease price for a In this Act: (B) that carries a manufacturer’s suggested qualifying lease, of a qualifying vehicle on (1) AUTOMOBILE.—The term ‘‘automobile’’ retail price of $45,000 or less; the surrender of an eligible trade-in vehicle has the meaning given the term in section (C) that— to a dealer participating in the Program; 32901(a) of title 49, United States Code. (i) in the case of a passenger automobile, (2) certify dealers for participation in the (2) CATEGORY 1 TRUCK.— category 1 truck, or category 2 truck, is cer- Program— (A) IN GENERAL.—The term ‘‘category 1 tified to applicable standards established (A) to accept vouchers in accordance with truck’’ means a non-passenger automobile under section 86.1811–04 of title 40, Code of this section as partial payment or down pay- that has a combined fuel economy value of Federal Regulations (or a successor regula- ment for the purchase or qualifying lease of at least 18 miles per gallon. tion); or any qualifying vehicle offered for sale or (B) EXCLUSION.—The term ‘‘category 1 (ii) in the case of a category 3 truck, is cer- lease by the dealer; and truck’’ does not include a category 2 truck. tified to the applicable vehicle or engine (B) in accordance with subsection (c)(2), to (3) CATEGORY 2 TRUCK.—The term ‘‘cat- standards established under section 86.1816– transfer each eligible trade-in vehicle sur- egory 2 truck’’ means a non-passenger auto- 08, 86.007–11, or 86.008–10 of title 40, Code of rendered to the dealer to an entity for dis- mobile that is a large van or a large pickup, Federal Regulations (or successor regula- posal; as categorized by the Secretary using the tions); and (3) in consultation with the Secretary of method used by the Environmental Protec- (D) that has the combined fuel economy the Treasury, make electronic payments to tion Agency and described in the report enti- value of— dealers for vouchers accepted by the dealers, tled ‘‘Light-Duty Automotive Technology (i) in the case of a passenger automobile, 22 in accordance with the regulations issued and Fuel Economy Trends: 1975 through miles per gallon; under subsection (h); 2008’’. (ii) in the case of a category 1 truck, 18 (4) in consultation with the Secretary of (4) CATEGORY 3 TRUCK.—The term ‘‘cat- miles per gallon; and the Treasury, provide for the payment of re- egory 3 truck’’ means a work truck. (iii) in the case of a category 2 truck or a bates to persons who qualify for a rebate (5) COMBINED FUEL ECONOMY VALUE.—The category 3 truck, 15 miles per gallon. under subsection (c)(3); and term ‘‘combined fuel economy value’’ (10) NEW FUEL-EFFICIENT MOTORCYCLE.—The (5) in consultation with the Secretary of means— term ‘‘new fuel-efficient motorcycle’’ means the Treasury and the Inspector General of (A) in the case of a qualifying vehicle, the a motorcycle— the Department of Energy, establish and pro- number, expressed in miles per gallon, cen- (A) the equitable or legal title of which has vide for the enforcement of measures to pre- tered below the term ‘‘Combined Fuel Econ- not been transferred to any person other vent and penalize fraud under the Program. omy’’ on the label required to be affixed or than the ultimate purchaser; (b) QUALIFICATIONS FOR AND VALUE OF caused to be affixed on a qualifying vehicle (B) that carries a manufacturer’s suggested VOUCHERS.— pursuant to part 600 of title 40, Code of Fed- retail price of not less than $7,000 and not (1) IN GENERAL.—A voucher issued under eral Regulations (or comparable regula- more than $20,000; and the Program shall have a value that may be tions); (C) that has a manufacturer’s estimated applied to offset the purchase price, or lease (B) in the case of an eligible trade-in vehi- combined fuel economy of at least 40 miles price for a qualifying lease, of a qualifying cle, the equivalent of the number described per gallon. vehicle in accordance with this subsection. in subparagraph (A) that is posted— (11) NON-PASSENGER AUTOMOBILE.—The (2) NEW FUEL-EFFICIENT AUTOMOBILES.— (i) under the term ‘‘Estimated New EPA term ‘‘non-passenger automobile’’ has the (A) $3,500 VALUE.—A voucher may be used MPG’’ and above the term ‘‘Combined’’ for meaning given the term in section 32901(a) of to offset the purchase price or lease price of vehicles of model years 1984 through 2007; or title 49, United States Code. a new fuel-efficient automobile by $3,500 if (ii) under the term ‘‘New EPA MPG’’ and (12) PASSENGER AUTOMOBILE.—The term the new fuel-efficient automobile is — above the term ‘‘Combined’’ for vehicles of ‘‘passenger automobile’’ means a passenger (i) a passenger automobile and the com- model year 2008 or later on the fuel economy automobile (as defined in section 32901(a) of bined fuel economy value of the passenger website of the Environmental Protection title 49, United States Code) that has a com- automobile is at least 4 miles per gallon Agency for the make, model, and year of the bined fuel economy value of at least 22 miles higher than the combined fuel economy vehicle; or per gallon. value of the eligible trade-in vehicle; (C) in the case an eligible trade-in vehicle (13) PROGRAM.—The term ‘‘Program’’ (ii) a category 1 truck and the combined manufactured during model years 1978 means the Green Transportation Efficiency fuel economy value of the category 1 truck is through 1984, the equivalent of the number Program established by section 3. at least 2 miles per gallon higher than the

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combined fuel economy value of the eligible to any person otherwise eligible to receive (e) INFORMATION TO CONSUMERS AND DEAL- trade-in vehicle; the voucher. ERS.— (iii) a category 2 truck that has a com- (F) NO ADDITIONAL FEES.—A dealer partici- (1) IN GENERAL.—Not later than 60 days bined fuel economy value of at least 15 miles pating in the Program may not charge a per- after the date of the enactment of this Act per gallon and— son purchasing or leasing a qualifying vehi- and promptly on the updating of any applica- (I) the eligible trade-in vehicle is a cat- cle any additional fees associated with the ble information, the Secretary shall make egory 2 truck and the combined fuel econ- use of a voucher under the Program. available on an Internet website and through omy value of the new fuel-efficient auto- (G) NUMBER AND AMOUNT.—The total num- other means determined by the Secretary in- mobile is at least 1 mile per gallon higher ber and value of vouchers issued under the formation about the Program, including— than the combined fuel economy value of the Program may not exceed the amounts made (A) how to determine if a vehicle is an eli- eligible trade-in vehicle; or available for vouchers under subsection (i). gible trade-in vehicle; (II) the eligible trade-in vehicle is a cat- (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI- (B) how to participate in the Program, in- egory 3 truck of model year 2001 or earlier; CLES.— cluding how to determine participating deal- or (A) IN GENERAL.—Subject to subparagraph ers; and (iv) a category 3 truck and the eligible (B), for each eligible trade-in vehicle surren- (C) a comprehensive list, by make and trade-in vehicle is a category 3 truck of dered to a dealer under the Program, the model, of qualifying vehicles meeting the re- model year of 2001 or earlier and is of similar dealer shall certify to the Secretary, in such quirements of the Program. size or larger than the new fuel-efficient manner as the Secretary shall prescribe by (2) PUBLIC AWARENESS CAMPAIGN.—Once in- automobile, as determined in a manner pre- regulation, that the dealer— formation described in paragraph (1) is avail- scribed by the Secretary. (i) has not and will not sell, lease, ex- able, the Secretary shall conduct a public (B) $4,500 VALUE.—A voucher may be used change, or otherwise dispose of the eligible awareness campaign to inform consumers to offset the purchase price or lease price of trade-in vehicle for use as an automobile in about the Program and where to obtain addi- the new fuel-efficient automobile by $4,500 if the United States or in any other country; tional information. the new fuel-efficient automobile is— and (f) RECORDKEEPING AND REPORT.— (i) a passenger automobile and the com- (ii) will transfer the eligible trade-in vehi- (1) DATABASE.—The Secretary, in coordina- bined fuel economy value of the passenger cle (including the engine and drive train), in tion with the Secretary of Transportation, automobile is at least 10 miles per gallon such manner as the Secretary prescribes, to shall maintain a database of the vehicle higher than the combined fuel economy an entity that will ensure that the eligible identification numbers of all qualifying vehi- value of the eligible trade-in vehicle; trade-in vehicle— cles purchased or leased and all eligible (ii) a category 1 truck and the combined (I) will be crushed or shredded within such trade-in vehicles disposed of under the Pro- fuel economy value of the category 1 truck is period and in such manner as the Secretary gram. at least 5 miles per gallon higher than the prescribes; and (2) REPORT.—Not later than 60 days after combined fuel economy value of the eligible (II) has not been, and will not be, sold, the termination date described in subsection trade-in vehicle; or leased, exchanged, or otherwise disposed of (c)(1)(A)(ii), the Secretary shall submit to (iii) a category 2 truck that has a com- for use as an automobile in the United the Committee on Energy and Commerce of bined fuel economy value of at least 15 miles States or in any other country. the House of Representatives and the Com- per gallon and the combined fuel economy (B) SALE OF PARTS.—Nothing in subpara- mittee on Commerce, Science, and Transpor- value of the category 2 truck is 2 miles per graph (A) prevents a person who dismantles tation of the Senate a report that describes gallon higher than the combined fuel econ- or disposes of an eligible trade-in vehicle omy value of the eligible trade-in vehicle the efficacy of the Program, including— from— and the eligible trade-in vehicle is a cat- (A) a description of Program results, in- (i) selling any parts of the disposed eligible egory 2 truck. cluding— trade-in vehicle other than the engine block (i) the total number and amount of vouch- (3) NEW FUEL-EFFICIENT MOTORCYCLES.—A and drive train (unless the engine or drive voucher may be used to offset the purchase ers issued for purchase or lease of qualifying train has been crushed or shredded); or price of the new fuel-efficient motorcycle by vehicles by manufacturer (including aggre- $2,500 if— (ii) retaining the proceeds from the sale. gate information concerning the make, (A) the new fuel-efficient motorcycle is (C) COORDINATION.— model, model year, and category of auto- street-use approved; and (i) IN GENERAL.—The Secretary shall co- mobile and motorcycle); (B) the manufacturer’s estimated com- ordinate with the Attorney General and the (ii) aggregate information regarding the bined fuel economy is at least 15 miles high- Secretary of Transportation to ensure that make, model, model year, and manufac- er than the combined fuel economy value of the National Motor Vehicle Title Informa- turing location of eligible trade-in vehicles the eligible trade-in vehicle. tion System and other publicly accessible traded in under the Program; and (c) PROGRAM SPECIFICATIONS.— systems are appropriately updated on a (iii) the location of sale or lease; (1) LIMITATIONS.— timely basis to reflect the crushing or shred- (B) an estimate of the overall increase in (A) GENERAL PERIOD OF ELIGIBILITY.—A ding of eligible trade-in vehicles under this fuel efficiency in terms of miles per gallon, voucher issued under the Program shall be section and appropriate reclassification of total annual oil savings, and total annual used only for the purchase or qualifying the titles of the eligible trade-in vehicles. greenhouse gas reductions, as a result of the lease of a qualifying vehicle that occurs dur- (ii) ACCESS TO VINS.—The commercial mar- Program; and ing the period— ket shall have electronic and commercial ac- (C) an estimate of the overall economic (i) beginning on January 1, 2009; and cess to the vehicle identification numbers of and employment effects of the Program. (ii) ending on the date that is 3 years after eligible trade-in vehicles that have been dis- (g) EXCLUSION OF VOUCHERS AND REBATES the date on which the regulations issued posed of on a timely basis. FROM INCOME.— under subsection (h) are issued. (3) ELIGIBLE PURCHASES OR LEASES PRIOR TO (1) FOR PURPOSES OF ALL FEDERAL PRO- (B) NUMBER OF VOUCHERS PER PERSON AND DATE OF ENACTMENT.—A person who pur- GRAMS.—A voucher issued under the Program PER TRADE-IN VEHICLE.— chased or leased a qualifying vehicle after or a cash rebate issued under subsection (i) SINGLE PERSON.—Not more than 1 January 1, 2009, and before the date of the (c)(3) shall not be regarded as income and voucher may be issued for a single person. enactment of this Act, shall be eligible for a shall not be regarded as a resource for the (ii) JOINT REGISTERED OWNERS.—Not more cash rebate equivalent to the amount de- month of receipt of the voucher or rebate than 1 voucher may be issued for the joint scribed in subsection (b)(2)(A) if the person and the following 12 months, for purposes of registered owners of a single eligible trade-in proves to the satisfaction of the Secretary determining the eligibility of the recipient vehicle. that— of the voucher or rebate (or the spouse or (C) NO COMBINATION OF VOUCHERS.—Only 1 (A)(i) the person was the registered owner other family or household member of the re- voucher issued under the Program may be of an eligible trade-in vehicle; or cipient) for benefits or assistance, or the applied toward the purchase or qualifying (ii) if the person leased the qualifying vehi- amount or extent of benefits or assistance, lease of a qualifying vehicle. cle, the lease was a qualifying lease; and under any Federal program. (D) LIMITATION ON FUNDS FOR CATEGORY 3 (B) the eligible trade-in vehicle has been (2) FOR PURPOSES OF TAXATION.—A voucher TRUCKS AND MOTORCYCLES.—Not more than disposed of in accordance with paragraph issued under the Program or a cash rebate 7.5 percent and 15 percent of the total funds (2)(A). issued under subsection (c)(3) shall not be made available for the Program shall be used (d) ANTI-FRAUD PROVISIONS.— considered as gross income for purposes of for vouchers for the purchase or qualifying (1) VIOLATION.—It shall be unlawful for any the Internal Revenue Code of 1986. lease of category 3 trucks and motorcycles, person to knowingly violate this section (in- (h) REGULATIONS.—Notwithstanding sec- respectively. cluding a regulation issued pursuant to sub- tion 553 of title 5, United States Code, not (E) COMBINATION WITH OTHER INCENTIVES section (h)). later than 30 days after the date of the enact- PERMITTED.—The availability or use of a Fed- (2) PENALTIES.—Any person who commits a ment of this Act, the Secretary shall issue eral, State, or local incentive or a State- violation described in paragraph (1) shall be final regulations to implement the Program, issued voucher for the purchase or lease of a liable to the United States Government for a including regulations that— qualifying vehicle shall not limit the value civil penalty of not more than $15,000 for (1) provide for a means of certifying deal- or issuance of a voucher under the Program each violation. ers for participation in the Program;

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.065 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6556 CONGRESSIONAL RECORD — SENATE June 11, 2009 (2) establish procedures for the reimburse- biofuel plant property; to the Com- flown four successful test flights using ment of dealers participating in the Program mittee on Finance. a variety of biofuel jet fuel blends, in- to be made through electronic transfer of Mr. NELSON of Florida. Mr. Presi- cluding a Continental Airlines flight funds for both the amount of the vouchers dent, I rise today to introduce, with using a blend of algae- and jatropha-de- and any reasonable administrative costs in- several of my colleagues, the Algae- curred by the dealer as soon as practicable rived biofuel and a Japan Airlines but not later than 10 days after the submis- based Renewable Fuel Promotion Act. flight using a similar blend that also sion to the Secretary of a voucher for a The energy, environmental, and food included camelina. qualifying vehicle; supply challenges confronting our na- Moreover, some algae-based fuel pro- (3) allow the dealer to use the voucher in tion are immense. The United States duction processes even sequester and addition to any other rebate or discount of- imports roughly 60 percent of the crude consume CO2. Algae production facili- fered by the dealer or the manufacturer for a oil consumed domestically, much of it ties can use CO2 emitted by a coal-fired qualifying vehicle and prohibit the dealer from unstable parts of the world. As electric utility as a feedstock for the from using the voucher to offset any such global demand continues to rise, price production of the fuel. As a result, other rebate or discount; algae-based fuels can help transform (4) require dealers to disclose to the person shocks in oil markets are increasingly trading in an eligible trade-in vehicle the common, causing economic pain and the energy landscape by shifting our best estimate of the scrappage value of the hardship for American consumers. Our energy consumption to a renewable, vehicle and to permit the dealer to retain $50 overwhelming reliance on traditional home-grown fuel that is carbon neutral of any amounts paid to the dealer for fossil fuels contributes to unsus- or better. scrappage of the eligible trade-in vehicle as tainable greenhouse gas emissions lev- Unfortunately, current Federal tax payment for any administrative costs to the els and the damaging effects of global policy inhibits the production of algae- dealer associated with participation in the warming. Ethanol made from corn or based fuels by failing to provide a level Program; soybean—also called first generation playing—field relative to other alter- (5) establish a process by which persons native and renewable fuels. Tax incen- who qualify for a rebate under subsection biofuels—serve an important function (c)(3) may apply for the rebate; in diversifying our energy base, but tives currently apply to the production (6) consistent with subsection (c)(2), estab- their benefits are largely offset by of liquefied petroleum gas, compressed lish requirements and procedures for the dis- their adverse effects on food prices and or liquefied natural gas, ethanol, lique- posal of eligible trade-in vehicles and provide the environment. fied hydrogen, biodiesel, liquid fuels such information as may be necessary to en- Addressing these challenges requires derived from coal, and other alter- tities engaged in the disposal to ensure that a multi-faceted strategy that invests in native fuels. Many of these incentives the eligible trade-in vehicles are disposed of renewable and alternative energy were added to the tax code well before in accordance with the requirements and recent technological developments procedures, including— sources, green technology, and con- (A) requirements for the removal and ap- servation measures. If we succeed, the demonstrated the extraordinary prom- propriate disposition of refrigerants, anti- payoff will be a cleaner, healthier, and ise of algae as a renewable fuel source. freeze, lead products, mercury switches, and more economically prosperous future. In order to ensure that Federal tax in- such other toxic or hazardous vehicle compo- I was pleased that the economic centives stimulate the most promising nents prior to the crushing or shredding of stimulus legislation enacted earlier and environmentally beneficial energy an eligible trade-in vehicle, in accordance this year included important invest- sources available, the tax code should with procedures established by the Secretary ments in renewable energy and green be updated to incorporate and promote in consultation with the Administrator of technology programs. It also included a algae-based fuel production. the Environmental Protection Agency, and number of expanded tax incentives, in- The Algae-based Renewable Fuel Pro- in accordance with other applicable Federal motion Act would make two modest and State requirements; cluding tax credits for renewable en- (B) a mechanism for dealers to certify to ergy sources, such as wind, geothermal, changes to the tax code to promote the the Secretary that each eligible trade-in ve- hydropower, and biomass; energy-effi- development and commercialization of hicle will be transferred to an entity that cient home improvements; and plug-in algae-based fuels in the U.S. First, the will ensure that the eligible trade-in vehicle electric vehicles, to name just a few. bill would expand the $1.01 per gallon is disposed of, in accordance with the re- The legislation I am introducing income tax credit for cellulosic quirements and procedures, and to submit today with six of my colleagues in the biofuels to cover algae-based biofuels. the vehicle identification numbers of the ve- Senate—three on each side of the The bill retains the current law Decem- hicles disposed of and the qualifying vehicle aisle—builds on these investments and ber 31, 2012, expiration date for the cel- purchased with each voucher; and (C) a list of entities to which dealers may incentives by recognizing the powerful lulosic biofuel producer credit. Second, transfer eligible trade-in vehicles for dis- potential of a new and emerging energy the bill would extend the capital in- posal; source, algae. vestment tax incentives for cellulosic (7) consistent with subsection (c)(2), estab- After years of basic research at the biofuels to cover equipment used to lish requirements and procedures for the dis- academic and governmental level, new produce algae-based fuels. Specifically, posal of eligible trade-in vehicles and provide algae-based fuels are poised to move the bill would modify the 50 percent such information as may be necessary to en- from the experimentation stage to bonus depreciation provision for prop- tities engaged in the disposal to ensure that commercial development. These fuels erty used to produce cellulosic biofuel the eligible trade-in vehicles are disposed of have the potential to make a signifi- by extending the provision to qualified in accordance with the requirements and procedures; and cant contribution to our energy future. algae-based biofuel plant property. The (8) provide for the enforcement of the pen- Algae are one of nature’s most prolific bill retains the current law require- alties described in subsection (d). and efficient photosynthetic orga- ment that qualified property must be (i) FUNDING.—From the amounts made nisms. They have a short growing placed in service before January 1, 2013. available under the American Recovery and cycle, high oil content, and can require By ensuring that algae-based fuels Reinvestment Act of 2009 (Public Law 111–5), little land or potable water. An algae- fully benefit under Federal tax policies the Director of the Office of Management based fuel needs only sunlight, CO , that promote renewable and alter- and Budget may allocate such sums as the 2 Director determines are necessary to carry and in some cases, other nutrient in- native fuels, the legislation will en- out this Act. puts to produce biomass that can be courage investment in this sustainable converted into readily usable liquid energy source and make an important By Mr. NELSON, of Florida (for transportation fuels—gasoline, jet fuel, contribution to our energy landscape himself, Mr. CRAPO, Mr. BINGA- and diesel. Unlike some of the other for years to come. MAN, Mr. BENNET, Mr. MAR- energy sources currently under devel- Algae-based fuels are just one of the TINEZ, Mr. CARDIN, and Mr. opment, algae-based fuels are ‘‘drop- many renewable and alternative energy BROWNBACK): in’’ fuels, that is to say, they can be in- sources under development by aggres- S. 1250. A bill to amend the Internal corporated into our existing energy in- sive and entrepreneurial start-up firms. Revenue code of 1986 to expand the def- frastructure, including our pipelines, These firms seek to capitalize on the inition of cellulosic biofuel to include terminals, and our fleet of trucks, cars commercial opportunities presented by algae-based biofuel for purposes of the and jets. the transition away from reliance on cellulosic biofuel producer credit and For example, over the past several fossil fuels. It is critical that we regu- the special allowance for cellulosic months, commercial airlines have larly review the tax code to ensure

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.065 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6557 that it encourages and promotes the term ‘qualified algae-based biofuel mixture’ biofuel plant property’’ in paragraph (10), as most promising renewable energy means a mixture of algae-based biofuel and so redesignated, and sources available. The Algae-based Re- gasoline or of algae-based biofuel and a spe- (7) by inserting after paragraph (3) the fol- newable Fuel Promotion Act is one cial fuel which— lowing new paragraphs: step in this direction. I encourage my ‘‘(i) is sold by the person producing such ‘‘(4) QUALIFIED ALGAE-BASED BIOFUEL PLANT mixture to any person for use as a fuel, or PROPERTY.—The term ‘qualified algae-based colleagues to support it. ‘‘(ii) is used as a fuel by the person pro- biofuel plant property’ means property of a Mr. President, I ask unanimous con- ducing such mixture. character subject to the allowance for depre- sent that the text of the bill be printed ‘‘(H) ALGAE-BASED BIOFUEL.—For purposes ciation— in the RECORD. of this paragraph— ‘‘(A) which is used in the United States There being no objection, the text of ‘‘(i) IN GENERAL.—The term ‘algae-based solely to produce algae-based biofuel, the bill was ordered to be printed in biofuel’ means any liquid fuel, including gas- ‘‘(B) the original use of which commences the RECORD, as follows: oline, diesel, aviation fuel, and ethanol, with the taxpayer after December 31, 2008, S. 1250 which— ‘‘(C) which is acquired by the taxpayer by Be it enacted by the Senate and House of Rep- ‘‘(I) is produced from the biomass of algal purchase (as defined in section 179(d)) after resentatives of the United States of America in organisms, and December 31, 2008, but only if no written Congress assembled, ‘‘(II) meets the registration requirements binding contract for the acquisition was in SECTION 1. SHORT TITLE. for fuels and fuel additives established by the effect on or before such date, and This Act may be cited as the ‘‘Algae-based Environmental Protection Agency under sec- ‘‘(D) which is placed in service by the tax- Renewable Fuel Promotion Act of 2009’’. tion 211 of the Clean Air Act (42 U.S.C. 7545). payer before January 1, 2013. ‘‘(ii) ALGAL ORGANISM.—The term ‘algal or- ‘‘(5) ALGAE-BASED BIOFUEL.— SEC. 2. INCLUSION OF ALGAE-BASED BIOFUEL IN DEFINITION OF CELLULOSIC ganism’ means a single- or multi-cellular or- ‘‘(A) IN GENERAL.—The term ‘algae-based BIOFUEL. ganism which is primarily aquatic and clas- biofuel’ means any liquid fuel which is pro- (a) CELLULOSIC BIOFUEL PRODUCER CRED- sified as a non-vascular plant, including duced from the biomass of algal organisms. IT.— microalgae, blue-green algae (cyano- ‘‘(B) ALGAL ORGANISM.—The term ‘algal or- (1) GENERAL RULE.—Paragraph (4) of sec- bacteria), and macroalgae (seaweeds). ganism’ means a single- or multi-cellular or- tion 40(a) of the Internal Revenue Code of ‘‘(iii) EXCLUSION OF LOW-PROOF ALCOHOL.— ganism which is primarily aquatic and clas- 1986 is amended by inserting ‘‘and algae- Such term shall not include any alcohol with sified as a non-vascular plant, including based’’ after ‘‘cellulosic’’. a proof of less than 150. The determination of microalgae, blue-green algae (cyano- (2) DEFINITIONS.—Paragraph (6) of section the proof of any alcohol shall be made with- bacteria), and macroalgae (seaweeds).’’. 40(b) of such Code is amended— out regard to any added denaturants.’’. (c) EFFECTIVE DATES.— (A) by inserting ‘‘AND ALGAE-BASED’’ after (3) CONFORMING AMENDMENTS.— (1) CELLULOSIC BIOFUEL PRODUCER CREDIT.— ‘‘CELLULOSIC’’ in the heading, (A) Subparagraph (D) of section 40(d)(3) of The amendments made by subsection (a) (B) by striking subparagraph (A) and in- such Code is amended— shall apply to fuel produced after December serting the following: (i) by inserting ‘‘AND ALGAE-BASED’’ after 31, 2008. ‘‘(A) IN GENERAL.—The cellulosic and ‘‘CELLULOSIC’’ in the heading, (2) SPECIAL ALLOWANCE FOR CELLULOSIC algae-based biofuel producer credit of any (ii) by inserting ‘‘or (b)(6)(F)’’ after BIOFUEL PLANT PROPERTY.—The amendments taxpayer is an amount equal to the applica- ‘‘(b)(6)(C)’’ in clause (ii), and made by subsection (b) shall apply to prop- ble amount for each gallon of— (iii) by inserting ‘‘or algae-based’’ after erty purchased and placed in service after ‘‘(i) qualified cellulosic biofuel production, ‘‘such cellulosic’’. December 31, 2008. and (B) Paragraph (6) of section 40(d) of such Mr. CRAPO. Mr. President, I rise ‘‘(ii) qualified algae-based biofuel produc- Code is amended— today to speak in support of the Algae- tion.’’, (i) by inserting ‘‘AND ALGAE-BASED’’ after based Renewable Fuel Promotion Act. (C) by redesignating subparagraphs (F), ‘‘CELLULOSIC’’ in the heading, and (G), and (H) as subparagraphs (I), (J), and (ii) by striking the first sentence and in- I would first like to thank Senator (K), respectively, serting ‘‘No cellulosic and algae-based BILL NELSON for his leadership on this (D) by inserting ‘‘AND ALGAE-BASED’’ after biofuel producer credit shall be determined extraordinary piece of legislation, ‘‘CELLULOSIC’’ in the heading of subparagraph under subsection (a) with respect to any cel- which gives algae-based biofuels the (I), as so redesignated, lulosic or algae-based biofuel unless such cel- same tax incentives that cellulosic (E) by inserting ‘‘or algae-based biofuel, lulosic or algae-based biofuel is produced in biofuels currently enjoy. Specifically, whichever is appropriate,’’ after ‘‘cellulosic the United States and used as a fuel in the the bill would provide a $1.01 per gallon biofuel’’ in subparagraph (J), as so redesig- United States.’’ tax credit and offer 50 percent bonus nated, (C) Paragraph (3) of section 40(e) of such depreciation for property used in the (F) by inserting ‘‘and qualified algae-based Code is amended by inserting ‘‘AND ALGAE- biofuel production’’ after ‘‘qualified cellu- BASED’’ after ‘‘CELLULOSIC’’ in the heading. production of algae-based biofuels. In losic biofuel production’’ in subparagraph (D) Paragraph (1) of section 4101(a) of such short, this legislation will level the (K), as so redesignated, and Code is amended— playing field for algae, resulting in en- (G) by inserting after subparagraph (E) the (i) by inserting ‘‘or algae-based’’ after ‘‘cel- hanced development and commer- following new subparagraphs: lulosic’’, and cialization. ‘‘(F) QUALIFIED ALGAE-BASED BIOFUEL PRO- (ii) by inserting ‘‘and 40(b)(6)(H), respec- Recent technological advances have DUCTION.—For purposes of this section, the tively’’ after ‘‘section 40(b)(6)(E)’’. showcased the tremendous potential of term ‘qualified algae-based biofuel produc- (b) SPECIAL ALLOWANCE FOR CELLULOSIC tion’ means any algae-based biofuel which is algae as a renewable fuel source. BIOFUEL PLANT PROPERTY.—Subsection (l) of Algae-based biofuels can be refined produced by the taxpayer, and which during section 168 of the Internal Revenue Code of the taxable year— 1986 is amended— into gasoline, jet fuel and diesel. These ‘‘(i) is sold by the taxpayer to another per- (1) by inserting ‘‘AND ALGAE-BASED’’ after fuels are renewable, have a low-carbon son— ‘‘CELLULOSIC’’ in the heading, footprint, and can fit seamlessly into ‘‘(I) for use by such other person in the pro- (2) by inserting ‘‘and any qualified algae- our existing energy infrastructure. Ad- duction of a qualified algae-based biofuel based biofuel plant property’’ after ‘‘quali- ditionally, algae does not compete for mixture in such other person’s trade or busi- fied cellulosic biofuel plant property’’ in arable land or potable water. Algae ness (other than casual off-farm production), paragraph (1), ‘‘(II) for use by such other person as a fuel grows best in very sunny climates, (3) by redesignating paragraphs (4) through making the desert an ideal place for in a trade or business, or (8) as paragraphs (6) through (10), respec- ‘‘(III) who sells such algae-based biofuel at tively, production, and it utilizes saltwater, retail to another person and places such (4) by inserting ‘‘or qualified algae-based not freshwater, to grow. It also has a algae-based biofuel in the fuel tank of such biofuel plant property’’ after ‘‘cellulosic short-life cycle and high oil content. other person, or biofuel plant property’’ in paragraph (7)(C), Algae-based renewable fuels will play ‘‘(ii) is used or sold by the taxpayer for any as so redesignated, an important role in America’s clean purpose described in clause (i). (5) by striking ‘‘with respect to’’ and all energy portfolio, and provide an answer The qualified algae-based biofuel production that follows in paragraph (9), as so redesig- to the question of how we will decrease of any taxpayer for any taxable year shall nated, and inserting ‘‘with respect to any our dependence on foreign oil and in- not include any alcohol which is purchased qualified cellulosic biofuel plant property crease our domestic security. Again, I by the taxpayer and with respect to which and any qualified algae-based biofuel plant such producer increases the proof of the alco- property which ceases to be such qualified thank my colleague, Senator BILL NEL- hol by additional distillation. property.’’, SON, and I look forward to working ‘‘(G) QUALIFIED ALGAE-BASED BIOFUEL MIX- (6) by inserting ‘‘or qualified algae-based with my colleagues in the Senate on TURE.—For purposes of this paragraph, the biofuel plant property’’ after ‘‘cellulosic this important piece of legislation.

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.066 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6558 CONGRESSIONAL RECORD — SENATE June 11, 2009 By Mr. WARNER: iors to receive the care they need, and services they need to receive the S. 1251. A bill to amend title XVIII of when they need it, in the setting they care they deserve. the Social Security Act to provide for prefer. advanced illness care management Specifically, the advanced illness By Mr. ROCKEFELLER (for him- services for Medicare beneficiaries, and care management benefit would allow self, Mr. INOUYE, and Ms. CANT- for other purposes; to the Committee Medicare beneficiaries who have been WELL): on Finance. diagnosed with a life expectancy of 18 S. 1252. A bill to promote ocean and Mr. WARNER. Mr. President, I rise months or less to have access to the human health and for other purposes; today to introduce legislation to help guidance and expertise of a hospice to the Committee on Commerce, seniors navigate through a complicated team and receive services such as con- Science, and Transportation. and often overwhelming health care de- sultations on palliative care, advance Mr. ROCKEFELLER. Mr. President, livery system. Because of the frag- care planning that is patient-centered, oceans affect human health both di- mented nature of our healthcare sys- and counseling, respite, and care giving rectly and indirectly from the water tem, we often fail to provide patients, training for their family members. quality at our beaches to the safety of their families, and caregivers with the This new advanced illness care man- seafood at U.S. markets; therefore, it is necessary tools, information, and sup- agement benefit will provide seniors important to understand the relation- port to age well and with dignity in the with the support they need to make in- ship between environmental stressors, setting of their preference. I believe formed decisions. coastal conditions, climate change, and that if we provide patients with better This initiative builds upon the efforts human health. Over the last several information about advance care plan- of the hospice community and the pri- decades ocean and coastal waters have ning in non-crisis situations, they will vate sector. For example, United become channels for environmental make decisions for themselves and Health Group has created an Advanced threats to human health including in- their families that result in better care Illness model in their benefit design fectious disease, harmful toxins from and better quality of life. and offers this program to the seniors algae, and chemical pollutants from Our health care system is in need of they serve in Medicare Advantage and contact with contaminated seafood, sweeping reforms that will not only Special Needs Plans. They have found polluted drinking water, and dirty provide broader coverage but will also by providing access to the hospice and beaches. Since the 1960s, scientists increase value and efficient access to palliative care teams earlier, patients have realized that marine plants, ani- quality care. As we provide meaningful experience an increase in the quality of mals, and microbes can also produce reforms for the healthcare system, we their life and duplicative or futile care substances that benefit human health, should take the opportunity to refine is reduced. Aetna and Kaiser such as anticancer, anti-inflammatory, and enhance those parts of the Medi- Permanente have also implemented and antibiotic medicines. care system that work well for seniors. these types of programs with similar Through well designed research and Currently, Medicare beneficiaries results. monitoring programs, we can maximize with advanced illnesses have a good op- In addition to the impact a lack of the health benefits derived from the tion in the Medicare hospice benefit to advance care planning and access to oceans, improve the safety of American receive care, family support, and coun- supportive services has on a patient’s seafood, reduce beach closures, and de- seling during the last six months of quality of life, inadequate access to ad- tect emerging threats to human health life. For those who are ill or in need of vance care planning services contrib- in a proactive rather than reactive advanced illness care, but are not eligi- utes to 27 percent of Medicare costs manner. ble for the hospice benefit, there are spent in the last year of life. Advanced In 2004, Congress enacted the Oceans very few options for counseling and illness, palliative, and hospice care and Human Health Act which author- services that would help them make in- have been shown to improve quality of ized the National Oceanic and Atmos- formed choices about their care op- care at a reduced cost. Specifically, pheric Administration, the National tions. Often, they are left in the dark studies demonstrate that if an addi- Science Foundation, and the National about their treatment alternatives and tional 2 percent of hospitalized Medi- Institutes of Health to conduct re- without the support they and their care beneficiaries received palliative search to improve understanding of the family members need to prepare and care, direct cost savings to the Medi- connection between the oceans and plan for the care they want and need. care program would be $1.57 billion. public health. Today, Senator INOUYE, Frankly, it is unconscionable to leave Given health care costs are growing at Senator CANTWELL, and I are intro- it to families to resolve these extraor- an alarming rate and that seniors may ducing the Oceans and Human Health dinarily difficult decisions, often in not be getting the necessary informa- Reauthorization Act of 2009. moments of crisis, without appropriate tion they need to make appropriate This legislation would direct the information, materials and supportive treatment decisions, we need to act President, working through the Na- services. The Senior Navigation and now to provide them with access to ad- tional Science and Technology Council, Planning Act of 2009 will help seniors vanced illness and advance care plan- to coordinate a national research pro- and their families navigate through an ning services. gram to improve understanding of the extremely complex system and will I believe that rather than deny or role of the oceans, coasts and Great help them make informed medical deci- withhold healthcare services, overall Lakes in human health and deliver in- sions. health reform should include a formation, products, and services to as- My legislation would provide access thoughtful process that informs pa- sist the nation in reducing public to an advanced illness care manage- tients, their families, and caregivers on health risks, including those related to ment benefit, increase the awareness of how to navigate and think through de- climate change, and enhancing health advance care planning through a na- cisions about when and how long to benefits from the ocean. It would es- tional education campaign and clear- pursue treatments at the end-of-life. tablish the Oceans and Human Health inghouse, reduce legal hurdles to the By doing this, we will provide a culture Task Force that will include a number enforcement of advance directives, cre- in which all of us will have the ability of federal agencies, such as the Na- ate incentives for hospitals and physi- to age well, with dignity, in the setting tional Oceanic and Atmospheric Ad- cians to get accredited and certified in of our choosing. ministration, the National Institutes palliative care, increase compliance It is my hope that this legislation of Health, the National Science Foun- with medical orders and discharge in- will be incorporated into the broader dation, the National Institute for Envi- structions, educate entities including health care reform effort that is under- ronmental Health Science, and the faith-based organizations on advance way in the Finance and Health, Edu- Center for Disease Control. It would di- care planning issues, and increase inte- cation, Labor, and Pensions Commit- rect the Interagency Oceans and gration and coordination between the tees. I look forward to working with Human Health Task Force to develop Medicare and Medicaid programs. Col- Chairmen BAUCUS and KENNEDY to im- an implementation plan that: estab- lectively, these initiatives will create a plement these meaningful reforms so lishes the goals and priorities for fed- more accessible environment for sen- seniors have access to the information eral research that advance scientific

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.068 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6559 understanding of the connections be- tor of the Office of Science and Technology ‘‘(G) legacy and emerging chemicals of tween oceans and human health; pro- Policy, shall revise and update the 2007 concern, including bioaccumulative and en- vides information for the prediction, ‘Interagency Oceans and Human Health Re- docrine-disrupting chemical contaminants; surveillance, and forecasting of ma- search Implementation Plan’ and submit to ‘‘(H) predictive models based on indicators of marine environmental health or public rine-related public health problems, in- the Congress the updated Plan. Nothing in this subsection is intended to duplicate or health threats; and cluding those related to climate ‘‘(I) social, economic, and behavioral stud- change; and uses the biological and supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and ies of relationships between the condition of chemical potentials of the oceans to oceans, coasts, and Great Lakes and human Hypoxia established under section 603 of the health and well-being.’’; develop new products for the preven- Harmful Algal Bloom and Hypoxia Research tion and treatment of diseases and to (2) by amending paragraph (2) to read as and Control Act of 1998 (Public Law 105–383; follows: increase our understanding of the bio- 16 U.S.C. 1451 note). The updated plan shall— logical properties of ocean resources. ‘‘(2) Coordination with any appropriate ’’; interagency working group of the Joint Sub- The legislation would also reauthorize (2) in paragraph (1)— committee on Ocean Science and Tech- the National Oceanic and Atmospheric (A) by inserting ‘‘, surveillance, and fore- nology, or its successor body, through the Administration’s Oceans and Human casting’’ after ‘‘prediction’’; National Science and Technology Council, to Health Initiative and establish a Dis- (B) by inserting ‘‘, including problems re- ensure that any integrated ocean and coastal tinguished Scholars program for sci- lated to climate change,’’ after ‘‘health prob- observing system provides information nec- entists to work with the National Oce- lems’’; essary to monitor and reduce marine public (C) by inserting ‘‘and chemical’’ after ‘‘bio- health problems, including climate change anic and Atmospheric Administration logical’’; and on the oceans and human health initia- information, health-related data on biologi- (D) by inserting ‘‘products for the preven- cal populations, and detection of toxins and tive. tion and’’ after ‘‘new’’; contaminants in marine waters and sea- Importantly, this bill would recog- (3) in paragraph (2), by striking ‘‘and par- food.’’; and nize the effects of climate change on ticipation;’’ and all that follows through the (3) in paragraph (3)— oceans and human health. The effects end and inserting ‘‘participation in national (A) in subparagraph (A), by striking of climate change do not stop with sea and international research and outreach ef- ‘‘genomics and proteomics’’ and inserting level rise and increased water tempera- forts, and outreach to the medical commu- ‘‘genomics, proteomics, metabolomics, and nity and the public;’’; other related sciences’’; tures. Without physical and ecological (4) in paragraph (3), by inserting ‘‘, includ- boundaries, climate change causes a (B) by amending subparagraph (C) to read ing joint efforts,’’ after ‘‘departments’’; as follows: cascade of effects throughout ocean en- (5) in paragraph (4), by striking ‘‘preven- ‘‘(C) in situ, laboratory, and remote sen- vironments that can result in sur- tive’’ and inserting ‘‘preventing’’; sors— prising impacts on ocean and human (6) in paragraph (5), by inserting ‘‘Re- ‘‘(i) to detect, quantify, and predict the health. This reauthorization bill would sources’’ after ‘‘the Ocean’’; presence, distribution, concentration, tox- include climate change and oceans and (7) in paragraph (6), by striking ‘‘and’’ at icity, or virulence of infectious microbes, human health as a new research area. the end; harmful algae, toxins, and chemical con- Our oceans impact every American (8) by amending paragraph (7) to read as taminants in ocean, coastal, and Great follows: Lakes waters, sediments, organisms, and and they are a foundation of America’s ‘‘(7) estimate funding needed for research, economy. The research and monitoring seafood; and surveillance, education, and outreach activi- ‘‘(ii) to identify new genetic resources for supported by this bill will help make ties to be conducted within or supported by biomedical purposes;’’; and sure we have healthy oceans where peo- Federal agencies and departments under the (C) in subparagraph (E), by striking ple can swim, fish, play, and eat sea- program.’’; and ‘‘equipment and technologies’’ and inserting food. It will also help us develop new (9) by at the end the following: ‘‘equipment, technologies, and methodolo- blue jobs in marine natural products ‘‘(8) build on, and complement, the re- gies’’. and lead to new discoveries in medi- search, surveillance, and outreach activities of the National Oceanic and Atmospheric Ad- (d) BIENNIAL REPORT.—Subsection (d) of cines to cure deadly diseases. ministration, the National Science Founda- section 902 of the Oceans and Human Health Mr. President, I ask unanimous con- tion, the National Institutes of Health, the Act (33 U.S.C. 3101) is amended— sent that the text of the bill be printed Centers for Disease Control and Prevention, (1) in the heading, by striking ‘‘ANNUAL’’ in the RECORD. the National Institute of Environmental and inserting ‘‘BIENNIAL’’; There being no objection, the text of Health Sciences, and other departments and (2) in the material preceding paragraph the bill was ordered to be printed in agencies.’’. (1)— (A) by striking ‘‘24 months after the date the RECORD, as follows: (c) PROGRAM SCOPE.—Subsection (c) of sec- of enactment of this Act’’ and inserting ‘‘12 S. 1252 tion 902 of the Oceans and Human Health Act months after the date of the enactment of Be it enacted by the Senate and House of Rep- (33 U.S.C. 3101) is amended— the Oceans and Human Health Reauthoriza- resentatives of the United States of America in (1) by amending paragraph (1) to read as tion Act of 2009’’; Congress assembled, follows: (B) by striking ‘‘each year an annual’’ and SECTION 1. SHORT TITLE. ‘‘(1) Interdisciplinary research among the inserting ‘‘alternate years a biennial’’; and This Act may be cited as the ‘‘Oceans and ocean, atmospheric, and medical sciences, (C) by striking ‘‘year,’’ and inserting Human Health Reauthorization Act of 2009’’. and coordinated research and activities to ‘‘years,’’; SEC. 2. INTERAGENCY OCEANS AND HUMAN improve understanding of processes within (3) in paragraph (1), by striking ‘‘year;’’ HEALTH RESEARCH PROGRAM. the ocean that may affect human and marine and inserting ‘‘years;’’; (a) COORDINATION.—Subsection (a) of sec- animal health and to explore the potential (4) in paragraph (4), by striking ‘‘that pre- tion 902 of the Oceans and Human Health Act contribution of marine organisms to medi- ceding fiscal year;’’ and inserting ‘‘the pre- (33 U.S.C. 3101) is amended by striking ‘‘in cine and research, including— ceding two fiscal years;’’ and human health.’’ and inserting ‘‘, coasts, and ‘‘(A) vector-, water-, and food-borne dis- (5) in paragraph (5), by inserting ‘‘, funding Great Lakes in human health and deliver in- eases of humans and marine organisms, in- needs,’’ after ‘‘action’’. formation, products, and services to assist cluding marine mammals, corals, and fish; the nation in reducing public health risks, ‘‘(B) health effects for both humans and SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC marine animals associated with harmful ADMINISTRATION OCEANS AND including those related to climate change, HUMAN HEALTH INITIATIVE. and enhancing health benefits from the algal blooms and hypoxia (in collaboration ocean.’’. with the Inter-Agency Task Force on Harm- (a) ESTABLISHMENT.—Subsection (a) of sec- (b) IMPLEMENTATION PLAN.—Subsection (b) ful Algal Blooms and Hypoxia); tion 903 of the Oceans and Human Health Act of section 902 of the Oceans and Human ‘‘(C) health effects for humans and marine (33 U.S.C. 3102) is amended— Health Act (33 U.S.C. 3101) is amended— organisms associated with climate change (1) in the matter preceding paragraph (1), (1) by amending the matter preceding para- impacts in ocean, coastal, and Great Lakes by striking the second sentence, and insert- graph (1) to read as follows: waters; ing ‘‘In carrying out this section, the Sec- ‘‘(b) IMPLEMENTATION PLAN.—Not later ‘‘(D) marine-derived pharmaceuticals and retary shall consult with other Federal agen- than 5 years after the date of the enactment other natural products; cies and departments conducting integrated of the Oceans and Human Health Reauthor- ‘‘(E) marine organisms and habitats as oceans and human health research and dis- ization Act of 2009, an Interagency Oceans models for biomedical research and as indi- ease surveillance activities and research in and Human Health Task Force or working cators of human health and well being and related areas, including the National Science group established by the National Science marine environmental health; Foundation, the National Institutes of and Technology Council, through the Direc- ‘‘(F) marine environmental microbiology; Health, the Centers for Disease Control and

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.069 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6560 CONGRESSIONAL RECORD — SENATE June 11, 2009 Prevention, the National Institute of Envi- form such contracts, leases, grants, or coop- inventory in the dealer’s possession on on ronmental Health Sciences, and other agen- erative agreements as may be necessary to the same basis as if the dealers were termi- cies and departments.’’; and carry out this section.’’. nating pursuant to existing franchise agree- (2) in paragraph (2), by inserting ‘‘exter- SEC. 4. PUBLIC INFORMATION AND OUTREACH. ments or dealer agreements; and nal’’ after ‘‘an’’. (a) IN GENERAL.—Subsection (a) of section (2) all other obligations owed by such auto- (b) ADVISORY PANEL.—Subsection (b) of 904 of the Oceans and Human Health Act (33 mobile manufacturer or manufacturer’s dis- section 903 of the Oceans and Human Health U.S.C. 3103) is amended by striking ‘‘pro- tributor under any other agreement between Act (33 U.S.C. 3102) is amended— gram,’’ and inserting ‘‘and institutions of the dealers and the automobile manufacturer (1) by striking ‘‘is authorized to’’ and in- higher education,’’. or manufacturer’s distributor arising during serting ‘‘shall’’; and (b) REPORT.—Subsection (b) of section 904 that 9-month period, including, without limi- (2) by striking ‘‘sciences.’’ and inserting of the Oceans and Human Health Act (33 tation, franchise agreement or dealer agree- ‘‘sciences, including public health practi- U.S.C. 3103) is amended to read as follows: ments. tioners.’’. ‘‘(b) REPORT.— (b) INCLUSION IN TERMS.—Any note, secu- (c) NATIONAL CENTERS.—Subsection (c) of ‘‘(1) REQUIREMENT.—The Secretary of Com- rity agreement, loan agreement, or other section 903 of the Oceans and Human Health merce shall submit to Congress a biennial re- agreement between an automobile manufac- Act (33 U.S.C. 3102) is amended— port reviewing the results of the research, turer or manufacturer’s distributor and the (1) in paragraph (1), by striking ‘‘for’’; and assessments, and findings developed under Government (or any agency, department, or (2) by amending paragraph (2) to read as the Oceans and Human Health Initiative of subdivision thereof) shall expressly provide follows: the National Oceanic and Atmospheric Ad- for the use of such funds as required by this ‘‘(2) The centers shall focus on— ministration. Each such report shall— section. A bankruptcy court may not author- ‘‘(A) areas related to agency missions, in- ‘‘(A) describe the projects, products, and ize the automobile manufacturer or manu- cluding use of marine organisms and habi- programs funded under the Initiative; facturer’s distributor to obtain credit under tats as indicators for marine environmental ‘‘(B) describe the work of the Advisory section 364 of title 11, United States Code, health, impacts of climate change on ocean Committee and the manner in which the pro- unless the credit agreement or agreements health threats, ocean pollutants, marine tox- gram is meeting development and implemen- expressly provided for the use of funds as reins and pathogens, harmful algal blooms, hy- tation recommendations for the program; quired by this section. poxia, seafood safety and quality, identifica- and (c) EFFECTIVENESS OF REJECTION.—Not- tion of potential marine products, and biol- ‘‘(C) include recommendations for improv- withstanding any other provision of law, any ogy and pathobiology of marine mammals, ing or expanding the program. rejection by an automobile manufacturer or corals, and other marine organisms; and ‘‘(2) COMBINED REPORTS.—Each report re- manufacturer’s distributor that is a debtor ‘‘(B) supporting disciplines including ma- quired by paragraph (1) may be combined in a proceeding under title 11, United States rine genomics, marine environmental micro- with the National Ocean and Atmospheric Code, of a franchise agreement or dealer biology, ecological chemistry, and conserva- Administration’s input to the biennial inter- agreement pursuant to section 365 of that tion medicine.’’. agency report required by section 902(d).’’. title, shall not be effective until at least 180 (d) EXTRAMURAL RESEARCH GRANTS.—Sub- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. days after the date on which such rejection section (d) of section 903 of the Oceans and is otherwise approved by a bankruptcy court. Human Health Act (33 U.S.C. 3102) is amend- Subsection (a) of section 905 of the Oceans and Human Health Act (33 U.S.C. 3104) is ed by adding at the end the following: By Ms. CANTWELL (for herself ‘‘(3) Grants under this subsection shall sup- amended— (1) by striking ‘‘2005 through 2008’’ and in- and Mr. KOHL): port research to improve understanding of S. 1256. A bill to amend title XIX of processes within the ocean that may affect serting ‘‘2010 through 2014’’; and human and marine animal health and to ex- (2) by inserting ‘‘, distinguished scholar,’’ the Social Security Act to establish fi- plore the potential contribution of marine after ‘‘grant’’. nancial incentives for States to expand organisms to medicine and research, includ- the provision of long-term services and ing— By Mr. CORKER (for himself, Mr. supports to Medicaid beneficiaries who ‘‘(A) vector-, water-, and food-borne dis- NELSON of Florida, Mrs. do not reside in an institution, and for eases of humans and marine organisms, in- SHAHEEN, Ms. SNOWE, Mr. other purposes; to the Committee on cluding marine mammals, corals, and fish; ISAKSON, and Mr. WICKER): Finance. ‘‘(B) health effects for humans and marine S. 1253. A bill to address reimburse- Ms. CANTWELL. Mr. President, I organisms associated with climate change ment of certain costs to automobile rise today to introduce the Home and impacts in ocean, coastal, and Great Lakes dealers; to the Committee on the Judi- waters; Community Balanced Incentives Act of ciary. 2009, together with my colleague from ‘‘(C) marine-derived pharmaceuticals and Mr. CORKER. Mr. President, I ask other natural products; Wisconsin, Senator KOHL. As we in the ‘‘(D) marine organisms and habitats as unanimous consent that the text of the Senate embark on reforming America’s models for biomedical research and as indi- bill be printed in the RECORD. health care system, we cannot forget There being no objection, the text of cators of human health and well being and those who are dependent on daily care the bill was ordered to be printed in marine environmental health; in order to survive: those in long-term ‘‘(E) marine environmental microbiology; the RECORD, as follows: care. Long-term care provides health ‘‘(F) legacy and emerging chemicals of con- S. 1253 cern, including bioaccumulative and endo- care and daily living services to the el- Be it enacted by the Senate and House of Rep- crine-disrupting chemical contaminants; derly and disabled population, pro- resentatives of the United States of America in ‘‘(G) predictive models based on indicators viding them with the ability to live Congress assembled, of marine environmental health or public happy, productive lives that age, ill- SECTION 1. SHORT TITLE. health threats; ness and disability would otherwise ‘‘(H) cataloging and interpreting microbes This Act may be cited as the ‘‘Automobile Dealers Assistance Act of 2009’’. prevent. and understanding microbial functions in In 2007, the U.S. spent close to $109 ecosystems and impacts on human and ma- SEC. 2. REIMBURSEMENT OF AUTOMOBILE DIS- rine health; and TRIBUTORS. billion on long term institutional care ‘‘(I) social, economic, and behavioral stud- (a) IN GENERAL.—Notwithstanding any services under the Medicaid program; ies of relationships between the condition of other provision of law, any funds provided by in my state of Washington it was ap- oceans, coasts, and Great Lakes, and human the United States Government, or any agen- proximately $2 billion. This amount health and well-being.’’. cy, department, or subdivision thereof, to an represents more than 30 percent of all (e) DISTINGUISHED SCHOLARS; COOPERATIVE automobile manufacturer or a distributor Medicaid payments, and is a number thereof as credit, loans, financing, advances, AGREEMENTS.—Section 903 of the Oceans and we can easily reduce. This legislation Human Health Act (33 U.S.C. 3102) is amend- or by any other agreement in connection ed by adding at the end the following: with such automobile manufacturer’s or dis- seeks to rebalance how states handle ‘‘(f) DISTINGUISHED SCHOLARS.—The Sec- tributor’s proceeding as a debtor under title long term care by providing the tools retary of Commerce is authorized to estab- 11, United States Code, shall be conditioned they need to shift people out of expen- lish a competitive program to recognize upon use of such funds to fully reimburse all sive institutional care facilities and highly distinguished external scientists in dealers of such automobile manufacturer or into home and community based care, any area of oceans and human health re- manufacturer’s distributor for— where they can remain vibrant, active search and to involve those scientists in col- (1) the cost incurred by such dealers during members of their community. the 9-month period preceding the date on laborative work with the Oceans and Human As Dorothy from the Wizard of Oz Health Initiative of the National Oceanic which the proceeding under title 11, United and Atmospheric Administration. States Code, by or against the automobile once said: There is no place like home. ‘‘(g) COOPERATIVE AGREEMENTS.—The Sec- manufacturer or manufacturer’s distributor I could not agree more, which is why I retary of Commerce may execute and per- is commenced, in acquisition of all parts and believe in providing individuals and

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.070 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6561 families with the option to remain in TITLE II—STRENGTHENING THE MED- which beneficiaries are empowered to choose their home, where studies have shown ICAID HOME AND COMMUNITY-BASED providers and direct their own care as much the overall quality of life is far supe- STATE PLAN AMENDMENT OPTION as possible. rior to that in an institutional facility. Sec. 201. Removal of barriers to providing ‘‘(v) A proposed budget that details the State’s plan to expand and diversify medical Additionally, home and community home and community-based services under State plan assistance for non-institutionally-based based care is far more cost efficient amendment option for individ- long-term services and supports described in than institutional care; by diverting uals in need. paragraph (5)(B) during such 5-fiscal year pe- just 5 percent of the long term care Sec. 202. Mandatory application of spousal riod, and that includes— community away from institutional impoverishment protections to ‘‘(I) a description of the new or expanded care and into home and community recipients of home and commu- offerings of such services that the State will based services, we would see a net sav- nity-based services. provide; and ings of more than $10 billion dollars Sec. 203. State authority to elect to exclude ‘‘(II) the projected costs of the services up to 6 months of average cost over five years. In a time when rising identified in subclause (I). of nursing facility services from ‘‘(vi) A description of how the State in- health care spending plays such a piv- assets or resources for purposes tends to achieve the target spending percent- otal role in the health of the overall of eligibility for home and com- age applicable to the State under subpara- economy, these savings represent a munity-based services. graph (B). giant step towards reining in unneces- TITLE III—COORDINATION OF HOME AND ‘‘(vii) An assurance that the State will not sary health care spending. COMMUNITY-BASED WAIVERS use Federal funds, revenues described in sec- The Home and Community Balanced Sec. 301. Streamlined process for combined tion 1903(w)(1), or revenues obtained through Incentives Act would achieve the goal waivers under subsections (b) the imposition of beneficiary cost-sharing of transitioning to home and commu- and (c) of section 1915. for medical assistance for non-institution- nity based services by offering states TITLE I—BALANCING INCENTIVES ally-based long-term services and supports described in paragraph (5)(B) for the non-fed- modest increases to their federal med- SEC. 101. ENHANCED FMAP FOR EXPANDING THE eral share of expenditures for medical assist- ical assistance payment, FMAP, for PROVISION OF NON-INSTITUTION- ALLY-BASED LONG-TERM SERVICES ance described in paragraph (4). home and community based services. AND SUPPORTS. ‘‘(B) TARGET SPENDING PERCENTAGES.— States would have to use these in- (a) ENHANCED FMAP TO ENCOURAGE EXPAN- ‘‘(i) In the case of a balancing incentive creases to develop the programs needed SION.—Section 1905 of the Social Security payment State in which less than 25 percent to provide effective home and commu- Act (42 U.S.C. 1396d) is amended— of the total expenditures for home and com- nity based services. These services will (1) in the first sentence of subsection (b)— munity-based services under the State plan reduce barriers that currently prohibit (A) by striking ‘‘, and (4)’’ and inserting ‘‘, and the various waiver authorities for fiscal people from accessing home and com- (4)’’; and year 2009 are for such services, the target (B) by inserting before the period the fol- spending percentage for the State to achieve munity based services. lowing: ‘‘, and (5) in the case of a balancing by not later than October 1, 2015, is that 25 This bill succeeds in not only saving incentive payment State, as defined in sub- percent of the total expenditures for home the Medicaid program a significant section (y)(1), that meets the conditions de- and community-based services under the amount of money, but it will empower scribed in subsection (y)(2), the Federal med- State plan and the various waiver authori- families to make informed decisions ical assistance percentage shall be increased ties are for such services. about their long term care needs. by the applicable number of percentage ‘‘(ii) In the case of any other balancing in- Specifically, this bill would: improve points determined under subsection (y)(3) for centive payment State, the target spending case management to help people re- the State with respect to medical assistance percentage for the State to achieve by not main in their homes and communities described in subsection (y)(4)’’; and later than October 1, 2015, is that 50 percent of the total expenditures for home and com- and out of nursing homes; provide con- (2) by adding at the end the following new subsection: munity-based services under the State plan sumer empowerment helping to put in- ‘‘(y) STATE BALANCING INCENTIVE PAY- and the various waiver authorities are for dividuals in charge of their care; pro- MENTS PROGRAM.—For purposes of clause (5) such services. vide a coordinated transition structure of the first sentence of subsection (b): ‘‘(C) MAINTENANCE OF ELIGIBILITY REQUIRE- for those wishing to leave institutional ‘‘(1) BALANCING INCENTIVE PAYMENT MENTS.—The State does not apply eligibility care and return to their homes and STATE.—A balancing incentive payment standards, methodologies, or procedures for communities; create a clear and well State is a State— determining eligibility for medical assist- coordinated system for providing long ‘‘(A) in which less than 50 percent of the ance for non-institutionally-based long-term total expenditures for medical assistance for services and supports described in paragraph term care information and support; im- fiscal year 2009 for long-term services and (5)(B)) that are more restrictive than the eli- prove methodology for determining eli- supports (as defined by the Secretary, sub- gibility standards, methodologies, or proce- gibility and tracking provider data on ject to paragraph (5)) are for non-institution- dures in effect for such purposes on Decem- services and quality outcomes. ally-based long-term services and supports ber 31, 2010. Senator KOHL and I are excited to in- described in paragraph (5)(B); ‘‘(D) USE OF ADDITIONAL FUNDS.—The State troduce this important legislation and ‘‘(B) that submits an application and meets agrees to use the additional Federal funds to begin working with our colleagues the conditions described in paragraph (2); paid to the State as a result of this sub- on improving the long term care sys- and section only for purposes of providing new or tem in America. ‘‘(C) that is selected by the Secretary to expanded offerings of non-institutionally- participate in the State balancing incentive based long-term services and supports de- Mr. President, I ask unanimous con- payment program established under this sub- scribed in paragraph (5)(B) (including expan- sent that the text of the bill be printed section. sion through offering such services to in- in the RECORD. ‘‘(2) CONDITIONS.—The conditions described creased numbers of beneficiaries of medical There being no objection, the text of in this paragraph are the following: assistance under this title). the bill was ordered to be printed in ‘‘(A) APPLICATION.—The State submits an ‘‘(E) STRUCTURAL CHANGES.—The State the RECORD, as follows: application to the Secretary that includes agrees to make, not later than the end of the S. 1256 the following: 6-month period that begins on the date the ‘‘(i) A description of the availability of State submits and application under this Be it enacted by the Senate and House of Rep- non-institutionally-based long-term services paragraph, such changes to the administra- resentatives of the United States of America in and supports described in paragraph (5)(B) tion of the State plan (and, if applicable, to Congress assembled, available (for fiscal years beginning with fis- waivers approved for the State that involve SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cal year 2009). the provision of long-term care services and (a) SHORT TITLE.—This Act may be cited as ‘‘(ii) A description of eligibility require- supports) as the Secretary determines, by the ‘‘Home and Community Balanced Incen- ments for receipt of such services. regulation or otherwise, are essential to tives Act of 2009’’. ‘‘(iii) A projection of the number of addi- achieving an improved balance between the (b) TABLE OF CONTENTS.—The table of con- tional individuals that the State expects to provision of non-institutionally-based long- tents for this Act is as follows: provide with such services to during the 5- term services and supports described in para- Sec. 1. Short title; table of contents. fiscal year period that begins with fiscal graph (5)(B) and other long-term services and TITLE I—BALANCING INCENTIVES year 2011. supports, and which shall include the fol- Sec. 101. Enhanced FMAP for expanding the ‘‘(iv) An assurance of the State’s commit- lowing: provision of non-institution- ment to a consumer-directed long-term serv- ‘‘(i) ‘NO WRONG DOOR’—SINGLE ENTRY POINT ally-based long-term services ices and supports system that values quality SYSTEM.—Development of a statewide system and supports. of life in addition to quality of care and in to enable consumers to access all long-term

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.072 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6562 CONGRESSIONAL RECORD — SENATE June 11, 2009 services and supports through an agency, or- term services and supports described in para- 2009 for long-term services and supports (as ganization, coordinated network, or portal, graph (5)(B) on a per-beneficiary basis and in defined by the Secretary for purposes of sub- in accordance with such standards as the accordance with such standardized coding section (y)) are for non-institutionally-based State shall establish and that— procedures as the State shall establish in long-term services and supports described in ‘‘(I) shall require such agency, organiza- consultation with the Secretary. subsection (y)(5)(B), and which satisfies the tion, network, or portal to provide— ‘‘(ii) QUALITY DATA.—Quality data on a se- requirements of subparagraphs (A) (other ‘‘(aa) consumers with information regard- lected set of core quality measures agreed than clauses (iii), (v), and (vi)), (C), and (F) ing the availability of such services, how to upon by the Secretary and the State that are of subsection (y)(2), and has implemented the apply for such services, and other referral linked to population-specific outcomes meas- structural changes described in each clause services; and ures and accessible to providers. of subparagraph (E) of that subsection, the ‘‘(bb) information regarding, and make rec- ‘‘(iii) OUTCOMES MEASURES.—Outcomes Federal medical assistance percentage shall ommendations for, providers of such serv- measures data on a selected set of core popu- be increased by 1 percentage point with re- ices; and lation-specific outcomes measures agreed spect to medical assistance described in sub- ‘‘(II) may, at State option, permit such upon by the Secretary and the State that are paragraph (A) of subsection (y)(4) (but sub- agency, organization, network, or portal to— accessible to providers and include— ject to the limitation described in subpara- ‘‘(aa) determine financial and functional ‘‘(I) measures of beneficiary and family graph (B) of that subsection)’’. eligibility for such services and supports; caregiver experience with providers; (c) GRANTS TO SUPPORT STRUCTURAL and ‘‘(II) measures of beneficiary and family CHANGES.— ‘‘(bb) provide or refer eligible individuals caregiver satisfaction with services; and (1) IN GENERAL.—The Secretary of Health to services and supports otherwise available ‘‘(III) measures for achieving desired out- and Human Services shall award grants to in the community (under programs other comes appropriate to a specific beneficiary, States for the following purposes: than the State program under this title), including employment, participation in com- (A) To support the development of common such as housing, job training, and transpor- munity life, health stability, and prevention national set of coding methodologies and tation. of loss in function. databases related to the provision of non-in- ‘‘(ii) PRESUMPTIVE ELIGIBILITY.—At the op- ‘‘(3) APPLICABLE NUMBER OF PERCENTAGE stitutionally-based long-term services and tion of the State, provision of a 60-day period POINTS INCREASE IN FMAP.—The applicable supports described in paragraph (5)(B) of sec- of presumptive eligibility for medical assist- number of percentage points are— tion 1905(y) of the Social Security Act (as ance for non-institutionally-based long-term ‘‘(A) in the case of a balancing incentive added by subsection (a)). services and supports described in paragraph payment State subject to the target spend- (B) To make structural changes described (5)(B) for any individual whom the State has ing percentage described in paragraph in paragraph (2)(E) of section 1905(y) to the reason to believe will qualify for such med- (2)(B)(i), 5 percentage points; and State Medicaid program. ical assistance (provided that any expendi- ‘‘(B) in the case of any other balancing in- (2) PRIORITY.—In awarding grants for the tures for such medical assistance during centive payment State, 2 percentage points. purpose described in paragraph (1)(A), the such period are disregarded for purposes of ‘‘(4) ELIGIBLE MEDICAL ASSISTANCE EXPENDI- Secretary of Health and Human Services determining the rate of erroneous excess TURES.— shall give priority to States in which at least payments for medical assistance under sec- ‘‘(A) IN GENERAL.—Subject to subparagraph 50 percent of the total expenditures for med- tion 1903(u)(1)(D)). (B), medical assistance described in this ical assistance under the State Medicaid pro- ‘‘(iii) CASE MANAGEMENT.—Development, in paragraph is medical assistance for non-ingram for fiscal year 2009 for long-term serv- accordance with guidance from the Sec- stitutionally-based long-term services and ices and supports, as defined by the Sec- retary, of conflict-free case management supports described in paragraph (5)(B) that is retary for purposes of section 1905(y) of the services to— provided during the period that begins on Oc- Social Security Act, are for non-institution- ‘‘(I) address transitioning from receipt of tober 1, 2011, and ends on September 30, 2015. ally-based long-term services and supports institutionally-based long-term services and ‘‘(B) LIMITATION ON PAYMENTS.—In no case described in paragraph (5)(B) of such section. supports described in paragraph (5)(A) to re- may the aggregate amount of payments (3) COLLABORATION.—States awarded a ceipt of non-institutionally-based long-term made by the Secretary to balancing incen- grant for the purpose described in paragraph services and supports described in paragraph tive payment States under this subsection (1)(A) shall collaborate with other States, (5)(B); and during the period described in subparagraph the National Governor’s Association, the Na- ‘‘(II) in conjunction with the beneficiary, (A), or to a State to which paragraph (6) of tional Conference of State Legislatures, the assess the beneficiary’s needs and , if appro- the first sentence of subsection (b) applies, National Association of State Medicaid Di- priate, the needs of family caregivers for the exceed $3,000,000,000. rectors, the National Association of State beneficiary, and develop a service plan, ar- ‘‘(5) LONG-TERM SERVICES AND SUPPORTS DE- Directors of Developmental Disabilities, and range for services and supports, support the FINED.—In this subsection, the term ‘long- other appropriate organizations in devel- beneficiary (and, if appropriate, the care- term services and supports’ has the meaning oping specifications for a common national givers) in directing the provision of services given that term by Secretary and shall in- set of coding methodologies and databases. and supports, for the beneficiary, and con- clude the following: (4) AUTHORIZATION OF APPROPRIATIONS.— duct ongoing monitoring to assure that serv- ‘‘(A) INSTITUTIONALLY-BASED LONG-TERM There are authorized to be appropriated to ices and supports are delivered to meet the SERVICES AND SUPPORTS.—Services provided carry out this subsection, such sums as may beneficiary’s needs and achieve intended out- in an institution, including the following: be necessary for each of fiscal years 2010 comes. ‘‘(i) Nursing facility services. through 2012. ‘‘(iv) CORE STANDARDIZED ASSESSMENT IN- ‘‘(ii) Services in an intermediate care facil- (d) AUTHORITY FOR INDIVIDUALIZED BUDGETS STRUMENTS.—Development of core standard- ity for the mentally retarded described in UNDER WAIVERS TO PROVIDE HOME AND COM- ized assessment instruments for determining subsection (a)(15). MUNITY-BASED SERVICES.—In the case of any eligibility for non-institutionally-based ‘‘(B) NON-INSTITUTIONALLY-BASED LONG- waiver to provide home and community- long-term services and supports described in TERM SERVICES AND SUPPORTS.—Services not based services under subsection (c) or (d) of paragraph (5)(B), which shall be used in a provided in an institution, including the fol- section 1915 of the Social Security Act (42 uniform manner throughout the State, to— lowing: U.S.C. 1396n) or section 1115 of such Act (42 ‘‘(I) assess a beneficiary’s eligibility and ‘‘(i) Home and community-based services U.S.C. 1315), that is approved or renewed functional level in terms of relevant areas provided under subsection (c), (d), or (i), of after the date of enactment of this Act, the that may include medical, cognitive, and be- section 1915 or under a waiver under section Secretary of Health and Human Services havioral status, as well as daily living skills, 1115. shall permit a State to establish individual- and vocational and communication skills; ‘‘(ii) Home health care services. ized budgets that identify the dollar value of ‘‘(II) based on the assessment conducted ‘‘(iii) Personal care services. the services and supports to be provided to under subclause (I), determine a bene- ‘‘(iv) Services described in subsection an individual under the waiver. ficiary’s needs for training, support services, (a)(26) (relating to PACE program services). (e) OVERSIGHT AND ASSESSMENT.— medical care, transportation, and other serv- ‘‘(v) Self-directed personal assistance serv- (1) DEVELOPMENT OF STANDARDIZED REPORT- ices, and develop an individual service plan ices described in section 1915(j)’’. ING REQUIREMENTS.— to address such needs; (b) ENHANCED FMAP FOR CERTAIN STATES TO (A) STANDARDIZATION OF DATA AND OUTCOME ‘‘(III) conduct ongoing monitoring based on MAINTAIN THE PROVISION OF HOME AND COM- MEASURES.—The Secretary of Health and the service plan; and MUNITY-BASED SERVICES.—The first sentence Human Services shall consult with States ‘‘(IV) require reporting of collect data for of section 1905(b) of such Act (42 U.S.C. 1396d and the National Governor’s Association, the purposes of comparison among different (b)), as amended by subsection (a), is amend- National Conference of State Legislatures, service models. ed— the National Association of State Medicaid ‘‘(F) DATA COLLECTION.—Collecting from (1) by striking ‘‘, and (5)’’ and inserting ‘‘, Directors, the National Association of State providers of services and through such other (5)’’; and Directors of Developmental Disabilities, and means as the State determines appropriate (2) by inserting before the period the fol- other appropriate organizations to develop the following data: lowing: ‘‘, and (6) in the case of a State in specifications for standardization of— ‘‘(i) SERVICES DATA.—Services data from which at least 50 percent of the total expend- (i) reporting of assessment data for long- providers of non-institutionally-based long- itures for medical assistance for fiscal year term services and supports (as defined by the

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.073 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6563 Secretary for purposes of section 1905(y)(5) of individuals under part C of title XVIII of the rollment of eligible individuals, or the provi- the Social Security Act) for each population Social Security Act. sion of services to such individuals, or both, served, including information standardized TITLE II—STRENGTHENING THE MED- so long as all eligible individuals in the for purposes of certified EHR technology (as ICAID HOME AND COMMUNITY-BASED State for such services are enrolled, and all defined in section 1903(t)(3)(A) of the Social STATE PLAN AMENDMENT OPTION such services are provided, before the end of Security Act (42 U.S.C. 1396b(t)(3)(A)) and SEC. 201. REMOVAL OF BARRIERS TO PROVIDING the initial 5-year period. under other electronic medical records ini- HOME AND COMMUNITY-BASED ‘‘(C) RENEWAL.—An election by a State tiatives; and SERVICES UNDER STATE PLAN under this paragraph may be renewed for ad- (ii) outcomes measures that track assess- AMENDMENT OPTION FOR INDIVID- ditional 5-year terms if the Secretary deter- ment processes for long-term services and UALS IN NEED. mines, prior to beginning of each such re- supports (as so defined) for each such popu- (a) PARITY WITH INCOME ELIGIBILITY newal period, that the State has— lation that maintain and enhance individual STANDARD FOR INSTITUTIONALIZED INDIVID- ‘‘(i) adhered to the requirements of this UALS.—Paragraph (1) of section 1915(i) of the function, independence, and stability. subsection and paragraph in providing serv- Social Security Act (42 U.S.C. 1396n(i)) is (2) ADMINISTRATION OF HOME AND COMMU- ices under such an election; and amended by striking ‘‘150 percent of the pov- NITY SERVICES.—The Secretary of Health and ‘‘(ii) met the State’s objectives with re- erty line (as defined in section 2110(c)(5))’’ Human Services shall promulgate regula- spect to quality improvement and bene- and inserting ‘‘300 percent of the supple- ficiary outcomes.’’. tions to ensure that all States develop serv- mental security income benefit rate estab- ice systems that are designed to— (c) REMOVAL OF LIMITATION ON SCOPE OF lished by section 1611(b)(1)’’. SERVICES.—Paragraph (1) of section 1915(i) of (A) allocate resources for services in a (b) ADDITIONAL STATE OPTIONS.—Section the Social Security Act (42 U.S.C. 1396n(i)), manner that is responsive to the changing 1915(i) of the Social Security Act (42 U.S.C. as amended by subsection (a), is amended by needs and choices of beneficiaries receiving 1396n(i)) is amended by adding at the end the striking ‘‘or such other services requested by non-institutionally-based long-term services following new paragraphs: the State as the Secretary may approve’’. and supports described in paragraph (5)(B) of ‘‘(6) STATE OPTION TO PROVIDE HOME AND (d) OPTIONAL ELIGIBILITY CATEGORY TO section 1905(y) of the Social Security Act (as COMMUNITY-BASED SERVICES TO INDIVIDUALS PROVIDE FULL MEDICAID BENEFITS TO INDI- added by subsection (a)) (including such ELIGIBLE FOR SERVICES UNDER A WAIVER.— VIDUALS RECEIVING HOME AND COMMUNITY- services and supports that are provided ‘‘(A) IN GENERAL.—A State that provides BASED SERVICES UNDER A STATE PLAN under programs other the State Medicaid home and community-based services in ac- AMENDMENT.— program), and that provides strategies for cordance with this subsection to individuals (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) beneficiaries receiving such services to maxi- who satisfy the needs-based criteria for the of the Social Security Act (42 U.S.C. mize their independence; receipt of such services established under 1396a(a)(10)(A)(ii)) is amended— (B) provide the support and coordination paragraph (1)(A) may, in addition to con- (A) in subclause (XVIII), by striking ‘‘or’’ needed for a beneficiary in need of such serv- tinuing to provide such services to such indi- at the end; ices (and their family caregivers or rep- viduals, elect to provide home and commu- (B) in subclause (XIX), by adding ‘‘or’’ at resentative, if applicable) to design an indi- nity-based services in accordance with the the end; and vidualized, self-directed, community-sup- requirements of this paragraph to individ- (C) by inserting after subclause (XIX), the ported life; and uals who are eligible for home and commu- following new subclause: (C) improve coordination among all pro- nity-based services under a waiver approved ‘‘(XX) who are eligible for home and com- viders of such services under federally and for the State under subsection (c), (d), or (e) munity-based services under needs-based cri- State-funded programs in order to— or under section 1115 to provide such serv- teria established under paragraph (1)(A) of (i) achieve a more consistent administra- ices, but only for those individuals whose in- section 1915(i), or who are eligible for home tion of policies and procedures across pro- come does not exceed 300 percent of the sup- and community-based services under para- grams in relation to the provision of such plemental security income benefit rate es- graph (6) of such section, and who will re- services; and tablished by section 1611(b)(1). ceive home and community-based services (ii) oversee and monitor all service system ‘‘(B) APPLICATION OF SAME REQUIREMENTS pursuant to a State plan amendment under functions to assure— FOR INDIVIDUALS SATISFYING NEEDS-BASED such subsection;’’. (I) coordination of, and effectiveness of, CRITERIA.—Subject to subparagraph (C), a (2) CONFORMING AMENDMENTS.— eligibility determinations and individual as- State shall provide home and community- (A) Section 1903(f)(4) of the Social Security sessments; and based services to individuals under this para- Act (42 U.S.C. 1396b(f)(4)) is amended in the (II) development and service monitoring of graph in the same manner and subject to the matter preceding subparagraph (A), by in- a complaint system, a management system, same requirements as apply under the other serting ‘‘1902(a)(10)(A)(ii)(XX),’’ after a system to qualify and monitor providers, paragraphs of this subsection to the provi- ‘‘1902(a)(10)(A)(ii)(XIX),’’. and systems for role-setting and individual sion of home and community-based services (B) Section 1905(a) of the Social Security budget determinations. to individuals who satisfy the needs-based Act (42 U.S.C. 1396d(a)) is amended in the (3) MONITORING.—The Secretary of Health criteria established under paragraph (1)(A). matter preceding paragraph (1)— and Human Services shall assess on an ongo- ‘‘(C) AUTHORITY TO OFFER DIFFERENT TYPE, (i) in clause (xii), by striking ‘‘or’’ at the ing basis and based on measures specified by AMOUNT, DURATION, OR SCOPE OF HOME AND end; the Agency for Healthcare Research and COMMUNITY-BASED SERVICES.—A State may (ii) in clause (xiii), by adding ‘‘or’’ at the Quality, the safety and quality of non-insti- offer home and community-based services to end; and tutionally-based long-term services and sup- individuals under this paragraph that differ (iii) by inserting after clause (xiii) the fol- ports described in paragraph (5)(B) of section in type, amount, duration, or scope from the lowing new clause: 1905(y) of that Act provided to beneficiaries home and community-based services offered ‘‘(xiv) individuals who are eligible for of such services and supports and the out- for individuals who satisfy the needs-based home and community-based services under comes with regard to such beneficiaries’ ex- criteria established under paragraph (1)(A), needs-based criteria established under para- periences with such services. Such oversight so long as such services are within the scope graph (1)(A) of section 1915(i), or who are eli- shall include examination of— of services described in paragraph (4)(B) of gible for home and community-based serv- (A) the consistency, or lack thereof, of subsection (c) for which the Secretary has ices under paragraph (6) of such section, and such services in care plans as compared to the authority to approve a waiver and do not who will receive home and community-based those services that were actually delivered; include room or board. services pursuant to a State plan amend- and ‘‘(7) STATE OPTION TO OFFER HOME AND COM- ment under such subsection,’’. (B) the length of time between when a ben- MUNITY-BASED SERVICES TO SPECIFIC, TAR- (e) ELIMINATION OF OPTION TO LIMIT NUM- eficiary was assessed for such services, when GETED POPULATIONS.— BER OF ELIGIBLE INDIVIDUALS OR LENGTH OF the care plan was completed, and when the ‘‘(A) IN GENERAL.—A State may elect in a PERIOD FOR GRANDFATHERED INDIVIDUALS IF beneficiary started receiving such services. State plan amendment under this subsection ELIGIBILITY CRITERIA IS MODIFIED.—Para- (4) GAO STUDY AND REPORT.—The Comp- to target the provision of home and commu- graph (1) of section 1915(i) of such Act (42 troller General of the United States shall nity-based services under this subsection to U.S.C. 1396n(i)) is amended— study the longitudinal costs of Medicaid specific populations and to differ the type, (1) by striking subparagraph (C) and insert- beneficiaries receiving long-term services amount, duration, or scope of such services ing the following: and supports (as defined by the Secretary for to such specific populations. ‘‘(C) PROJECTION OF NUMBER OF INDIVIDUALS purposes of section 1905(y)(5) of the Social ‘‘(B) 5-YEAR TERM.— TO BE PROVIDED HOME AND COMMUNITY-BASED Security Act) over 5-year periods across var- ‘‘(i) IN GENERAL.—An election by a State SERVICES.—The State submits to the Sec- ious programs, including the non-institu- under this paragraph shall be for a period of retary, in such form and manner, and upon tionally-based long-term services and sup- 5 years. such frequency as the Secretary shall speci- ports described in paragraph (5)(B) of such ‘‘(ii) PHASE-IN OF SERVICES AND ELIGIBILITY fy, the projected number of individuals to be section, PACE program services under sec- PERMITTED DURING INITIAL 5-YEAR PERIOD.—A provided home and community-based serv- tion 1894 of the Social Security Act (42 State making an election under this para- ices.’’; and U.S.C. 1395eee, 1396u–4), and services provided graph may, during the first 5-year period for (2) in subclause (II) of subparagraph (D)(ii), under specialized MA plans for special needs which the election is made, phase-in the en- by striking ‘‘to be eligible for such services

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.073 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6564 CONGRESSIONAL RECORD — SENATE June 11, 2009 for a period of at least 12 months beginning viduals based on individualized assessments care and towards home and community on the date the individual first received med- and care plans (in this section referred to as based services in three distinct ways: ical assistance for such services’’ and insert- the ‘‘combined waivers program’’). The tem- through enhanced nursing home diver- plate required under this section shall pro- ing ‘‘to continue to be eligible for such serv- sion; by increasing the use of person- ices after the effective date of the modifica- vide for the following: tion and until such time as the individual no (1) A standard 5-year term for conducting a centered access to information; and by longer meets the standard for receipt of such combined waivers program. utilizing evidence-based disease and in- services under such pre-modified criteria’’. (2) Harmonization of any requirements jury prevention. As I previously men- (f) ELIMINATION OF OPTION TO WAIVE under subsections (b) and (c) of such section tioned, increased nursing home diver- STATEWIDENESS; ADDITION OF OPTION TO that overlap. sion will not only provide significant WAIVE COMPARABILITY.—Paragraph (3) of sec- (3) An option for States to elect, during the savings to the Medicaid program, it tion 1915(i) of such Act (42 U.S.C. 1396n(3)) is first 5-year term for which the combined will also allow families to stay to- waivers program is approved to phase-in the amended by striking ‘‘1902(a)(1) (relating to gether and let people be active mem- statewideness)’’ and inserting ‘‘1902(a)(10)(B) enrollment of eligible individuals, or the pro- (relating to comparability’’. vision of services to such individuals, or bers of their communities. Through the (g) EFFECTIVE DATE.—The amendments both, so long as all eligible individuals in the creation of a person-center access point made by this section take effect on the first State for such services are enrolled, and all to information, consumers, family day of the first fiscal year quarter that be- such services are provided, before the end of members, and caregivers will be given gins after the date of enactment of this Act. the initial 5-year period. the tools necessary to make well in- SEC. 202. MANDATORY APPLICATION OF SPOUSAL (4) Examination by the Secretary, prior to formed decisions about long term care. IMPOVERISHMENT PROTECTIONS TO each renewal of a combined waivers program, Finally, this bill will provide for pro- RECIPIENTS OF HOME AND COMMU- of how well the State has— NITY-BASED SERVICES. (A) adhered to the combined waivers programs that help consumers get proven (a) IN GENERAL.—Section 1924(h)(1)(A) of gram requirements; and education about avoiding preventable the Social Security Act (42 U.S.C. 1396r– (B) performed in meeting the State’s objec- diseased and injuries, such as falls and 5(h)(1)(A)) is amended by striking ‘‘(at the tives for the combined waivers program, in- malnutrition, which result in thou- option of the State) is described in section cluding with respect to quality improvement sands of unnecessary hospitalizations 1902(a)(10)(A)(ii)(VI)’’ and inserting ‘‘is eligi- and beneficiary outcomes. every year. ble for medical assistance for home and com- As you can see, these three programs munity-based services under subsection (c), By Ms. CANTWELL (for herself (d), (e), or (i) of section 1915’’. constitute a common-sense, multi- and Ms. STABENOW): faceted approach to improving the (b) EFFECTIVE DATE.—The amendment S. 1257. A bill to amend the Social Se- quality of life of individuals and their made by subsection (a) takes effect on Octo- curity Act to build on the aging net- ber 1, 2009. work to establish long-term services families, while providing a substantial SEC. 203. STATE AUTHORITY TO ELECT TO EX- amount of savings to the health care CLUDE UP TO 6 MONTHS OF AVER- and supports through single-entry point systems, evidence based disease system. AGE COST OF NURSING FACILITY I am pleased to introduce this impor- SERVICES FROM ASSETS OR RE- prevention and health promotion pro- SOURCES FOR PURPOSES OF ELIGI- grams, and enhanced nursing home di- tant legislation along with my col- BILITY FOR HOME AND COMMUNITY- league Senator STABENOW and I look BASED SERVICES. version programs; to the Committee on Finance. forward to working with the rest of my (a) IN GENERAL.—Section 1917 of the Social Senate colleagues to provide families Security Act (42 U.S.C. 1396p) is amended by Ms. CANTWELL. Mr. President, I adding at the end the following new sub- rise today to introduce Project 2020: with the long term care services and section: Building on the Promise of Home and support they need. ‘‘(i) STATE AUTHORITY TO EXCLUDE UP TO 6 Community-Based Services Act with Mr. President, I ask unanimous con- MONTHS OF AVERAGE COST OF NURSING FACIL- my colleague from Michigan, Senator sent that the text of the bill be printed ITY SERVICES FROM HOME AND COMMUNITY- STABENOW. By the year 2020, almost 1 in the RECORD. BASED SERVICES ELIGIBILITY DETERMINA- in 6 Americans will be over the age of There being no objection, the text of TIONS.—Nothing in this section or any other 65 and the population of people over the bill was ordered to be printed in provision of this title, shall be construed as the RECORD, as follows: prohibiting a State from excluding from any the age of 85, the fastest growing seg- determination of an individual’s assets or re- ment of the population, will double. S. 1257 sources for purposes of determining the eligi- Our current long term care financing Be it enacted by the Senate and House of Rep- bility of the individual for medical assist- structure is unsustainable as the popu- resentatives of the United States of America in ance for home and community-based services lation in need of such services rapidly Congress assembled, under subsection (c), (d), (e), or (i) of section increases. As such, we must turn our SECTION 1. SHORT TITLE. 1915 (if a State imposes an limitation on as- focus to reforming the long term care This Act may be cited as the ‘‘Project 2020: sets or resources for purposes of eligibility system to provide the best care avail- Building on the Promise of Home and Com- for such services), an amount equal to the able to this vulnerable population. munity-Based Services Act of 2009’’. product of the amount applicable under sub- The average cost of a nursing home SEC. 2. LONG-TERM SERVICES AND SUPPORTS. section (c)(1)(E)(ii)(II) (at the time such de- in this country is $70,000 a year, mak- The Social Security Act (42 U.S.C. 301 et termination is made) and such number, not seq.) is amended by adding at the end the fol- to exceed 6, as the State may elect.’’. ing this an unrealistic option for most lowing: (b) RULE OF CONSTRUCTION.—Nothing in the Americans. In fact, most people who ‘‘TITLE XXII—LONG-TERM SERVICES AND amendment made by subsection (a) shall be end up in a nursing home last just six SUPPORTS construed as affecting a State’s option to months before they have spent so much apply less restrictive methodologies under they become poor enough to qualify for ‘‘SEC. 2201. DEFINITIONS. section 1902(r)(2) for purposes of determining ‘‘Except as otherwise provided, the terms Medicaid. This situation is expensive used in this title have the meanings given income and resource eligibility for individ- for consumers, for states, and for the uals specified in that section. the terms in section 102 of the Older Ameri- federal government. Fortunately, there cans Act of 1965 (42 U.S.C. 3002). TITLE III—COORDINATION OF HOME AND is a clear answer. It costs Medicaid one COMMUNITY-BASED WAIVERS ‘‘Subtitle A—Single-Entry Point System third as much to provide someone with Program SEC. 301. STREAMLINED PROCESS FOR COM- home and community based care as it BINED WAIVERS UNDER SUB- ‘‘SEC. 2211. STATE SINGLE-ENTRY POINT SYS- SECTIONS (B) AND (C) OF SECTION would cost to care for them in a nurs- TEMS. 1915. ing home. In addition, most people ‘‘(a) DEFINITIONS.—In this title: Not later than 90 days after the date of en- want to stay in their own home or ‘‘(1) LONG-TERM SERVICES AND SUPPORTS.— actment of this Act, the Secretary of Health community whenever possible. An The term ‘long-term services and supports’ and Human Services shall create a template independent analysis conducted by the means any service (including a disease pre- to streamline the process of approving, mon- Lewin Group shows that Project 2020 vention and health promotion service, an in- itoring, evaluating, and renewing State pro- would reach over 40 million Americans, home service, or a case management serv- posals to conduct a program that combines ice), care, or item (including an assistive de- the waiver authority provided under sub- while simultaneously reducing Medi- vice) that is— sections (b) and (c) of section 1915 of the So- care and Medicaid costs by more than ‘‘(A) intended to assist individuals in cop- cial Security Act (42 U.S.C. 1396n) into a sin- $2.8 billion over 5 years. ing with, and, to the extent practicable, gle program under which the State provides Project 2020 addresses the urgent compensating for, functional impairment in home and community-based services to indi- need to shift away from institutional carrying out activities of daily living;

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.073 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6565 ‘‘(B) furnished at home, in a community ‘‘(BB) a representative from the local cen- ability, self-care disability, go-outside-home care setting, including a small community ter for independent living (as defined in sec- disability, or employment disability. care setting (as defined in section 1929(g)(1)) tion 702 of the Rehabilitation Act of 1973 (29 ‘‘(3) ELIGIBILITY.—In addition to the States and a large community care setting (as de- U.S.C. 796a)), and representatives from other determined by the Secretary to be eligible fined in section 1929(h)(1)), or in a long-term organizations that provide services to the infor a grant under this section, a State that care facility; and dividuals served by the system and those receives a Federal grant for an aging and dis- ‘‘(C) not furnished to diagnose, treat, or who advocate on behalf of such individuals; ability resource center is eligible for a grant cure a medical disease or condition. and under this section. ‘‘(2) SINGLE-ENTRY POINT SYSTEM.—The ‘‘(CC) representatives of the government ‘‘(4) DEFINITION.—In this subsection, the term ‘single-entry point system’ means any and non-governmental agencies that are af- term ‘State’ shall not include any jurisdic- coordinated system for providing— fected by the system. tion described in paragraph (1)(B)(ii). ‘‘(A) comprehensive information to con- ‘‘(bb) The agency shall work in conjunction ‘‘(d) APPLICATIONS.— sumers and caregivers on the full range of with the collaborative board on— ‘‘(1) IN GENERAL.—To be eligible to receive available public and private long-term serv- ‘‘(AA) the design and operations of the sin- an initial grant under this section, a State agency shall, after consulting and coordi- ices and supports, options, service providers, gle-entry point system; nating with consumers, other stakeholders, and resources, including information on the ‘‘(BB) stakeholder input; and centers for independent living in the State, if availability of integrated long-term care, in- ‘‘(CC) other program and policy develop- any, and area agencies on aging in the State, cluding consumer directed care options; ment issues related to the single-entry point ‘‘(B) personal counseling to assist individ- if any, submit an application to the Sec- system. uals in assessing their existing or antici- retary at such time, in such manner, and ‘‘(cc) An advisory board established under pated long-term care needs, and developing containing the following information: the Real Choice Systems Change Program or and implementing a plan for long-term care ‘‘(A) Evidence of substantial involvement for an existing single-entry point system designed to meet their specific needs and cir- of stakeholders and agencies in the State may be used to carry out the activities of a cumstances; and that are administering programs that will be collaborative board under this subclause if ‘‘(C) consumers and caregivers access to the subject of referrals. the range of publicly supported and privately such advisory board meets the requirements ‘‘(B) The applicant’s plan for providing— supported long-term services and supports under item (aa). ‘‘(i) comprehensive information on the full that are available. ‘‘(II) SUBGRANTS TO OTHER ENTITIES.—A range of available public and private long- ‘‘(b) PROGRAM.—The Secretary shall estab- State agency may make subgrants described term services and supports options, pro- lish and carry out a single-entry point sys- in subclause (I) to other qualified aging net- viders, and resources, including building tem program. In carrying out the program, work or disability entities only if the area awareness of the single-entry point system the Secretary shall make grants to States, agency on aging chooses not to apply for a as a resource; from allotments described in subsection (c), subgrant or is not able to demonstrate per- ‘‘(ii) objective, neutral, and personal infor- to pay for the Federal share of the cost of es- formance capacity to carry out the activities mation, counseling, and assistance to indi- tablishing State single-entry point systems. described in this section. viduals and their caregivers in assessing ‘‘(c) ALLOTMENTS.— ‘‘(III) SUBGRANTEE RECIPIENT SUBGRANTS.— their existing or anticipated long-term care ‘‘(1) ALLOTMENTS TO INDIAN TRIBES AND TER- An administrator of a single-entry point sys- needs, and developing and implementing a RITORIES.— tem established by a State receiving an al- plan for long-term care to meet their needs; ‘‘(A) RESERVATION.—The Secretary shall lotment under clause (i) shall make any nec- ‘‘(iii) for eligibility screening and referral reserve from the funds made available under essary subgrants to key partners involved in for services; subsection (g)— developing, planning, or implementing the ‘‘(iv) for stakeholder input; ‘‘(i) for fiscal year 2010, $1,962,456; and single-entry point system. Such partners ‘‘(v) for a management information sys- ‘‘(ii) for each subsequent fiscal year, may include centers for independent living tem; and $1,962,456, increased by the percentage in- (as defined in section 702 of the Rehabilita- ‘‘(vi) for an evaluation of the effectiveness crease in the Consumer Price Index for All tion Act of 1973 (29 U.S.C. 796a)). of the single-entry point system. Urban Consumers, between October of the ‘‘(B) FIXED AMOUNTS FOR STATES.— ‘‘(C) A specification of the period of the fiscal year preceding the subsequent fiscal ‘‘(i) RESERVATION.—The Secretary shall re- grant request, which shall include not less year and October, 2007. serve from the funds made available under than 3 consecutive fiscal years in the 5-fis- ‘‘(B) ALLOTMENTS.—The Secretary shall subsection (g)— cal-year-period beginning with fiscal year use the funds reserved under subparagraph ‘‘(I) for fiscal year 2010, $15,759,000; and 2010. (A) to make allotments to— ‘‘(II) for each subsequent fiscal year, ‘‘(D) Such other information as the Sec- ‘‘(i) Indian tribes; and $15,759,000, increased by the percentage in- retary determines appropriate. ‘‘(ii) Guam, American Samoa, the Com- crease in the Consumer Price Index for All ‘‘(2) APPLICATION FOR CONTINUATION.— monwealth of the Northern Mariana Islands, Urban Consumers, between October of the ‘‘(A) IN GENERAL.—A State that receives an the Commonwealth of Puerto Rico, and the fiscal year preceding the subsequent fiscal initial grant under this section shall apply, United States Virgin Islands. year and October, 2007. after consulting and coordinating with the ‘‘(2) ALLOTMENTS TO STATES.— ‘‘(ii) FIXED AMOUNTS.—The Secretary shall area agencies on aging, for a continuation of ‘‘(A) IN GENERAL.— use the funds reserved under clause (i) to the initial grant, which includes a descrip- ‘‘(i) AMOUNT.—The Secretary shall allot to provide equal fixed amounts to the States. tion of any significant changes to the infor- each eligible State for a fiscal year the sum ‘‘(C) ALLOCATION FOR STATES.—The Sec- mation provided in the initial application of the fixed amount determined under sub- retary shall allocate to each eligible State and such data concerning performance meas- paragraph (B), and the allocation determined for a fiscal year an amount that bears the ures related to the requirements in the ini- under subparagraph (C), for the State. same relationship to the funds made avail- tial application as the Secretary shall re- ‘‘(ii) SUBGRANTS TO AREA AGENCIES ON able under subsection (g) (and not reserved quire. AGING.— under paragraph (1) or subparagraph (B)) for ‘‘(B) EFFECT.—The requirement under sub- ‘‘(I) IN GENERAL.—Each State agency re- that fiscal year as the number of persons paragraph (A) shall be in effect through fis- ceiving an allotment under clause (i) shall who are either older individuals or individ- cal year 2020. use such allotment to make subgrants to uals with disabilities in that State bears to ‘‘(e) USE OF FUNDS.— area agencies on aging that can demonstrate the number of such persons or individuals in ‘‘(1) IN GENERAL.—A State that receives a performance capacity to carry out activities all the States. grant under this section shall use the funds described in this section whether such area ‘‘(D) DETERMINATION OF NUMBER OF PER- made available through the grant to— agency on aging carries out the activities di- SONS.— ‘‘(A) establish a State single-entry point rectly or through contract with an aging ‘‘(i) OLDER INDIVIDUALS.—The number of system, to enable older individuals and indi- network or disability entity. An area agency older individuals in any State and in all viduals with disabilities and their caregivers on agency desiring a subgrant shall establish States shall be determined by the Secretary to obtain resources concerning long-term or designate a collaborative board to ensure on the basis of the most recent data avail- services and supports options; and meaningful involvement of stakeholders in able from the Bureau of the Census, and ‘‘(B) provide information on, access to, and the development, planning, implementation, other reliable demographic data satisfactory assistance regarding long-term services and and evaluation of a single-entry point sys- to the Secretary. supports. tem consistent with the following: ‘‘(ii) INDIVIDUALS WITH DISABILITIES.—The ‘‘(2) SERVICES.—In particular, the State ‘‘(aa) The collaborative board shall be com- number of individuals with disabilities in single-entry point system shall be the refer- posed of— any State and in all States shall be deter- ral source to— ‘‘(AA) individuals representing all popu- mined by the Secretary on the basis of the ‘‘(A) provide information about long-term lations served by the agency’s single-entry most recent data available from the Amer- care planning and available long-term serv- point system, including older adults and in- ican Community Survey, and other reliable ices and supports through a variety of media dividuals from diverse backgrounds who demographic data satisfactory to the Sec- (such as websites, seminars, and pamphlets); have a disability or a chronic condition re- retary, on individuals who have a sensory ‘‘(B) provide assistance with making deci- quiring long-term support; disability, physical disability, mental dis- sions about long-term services and supports

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.075 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6566 CONGRESSIONAL RECORD — SENATE June 11, 2009 and determining the most appropriate serv- ‘‘Subtitle B—Healthy Living Program ‘‘(1) A description of the evidence-based ices through options counseling, future fi- ‘‘SEC. 2221. EVIDENCE-BASED DISEASE PREVEN- disease prevention and health promotion nancial planning, and case management; TION AND HEALTH PROMOTION program. ‘‘(C) provide streamlined access to and as- PROGRAMS. ‘‘(2) Sufficient information to demonstrate sistance with applying for federally funded ‘‘(a) PROGRAM.—The Secretary shall estab- that the infrastructure exists to support the long-term care benefits (including medical lish and carry out a healthy living program. program. assistance under title XIX, Medicare skilled In carrying out the program, the Secretary ‘‘(3) A specification of the period of the nursing facility services, services under title shall make grants to State agencies, from al- grant request, which shall include not less III of the Older Americans Act of 1965 (42 lotments described in subsection (b), to pay than 3 consecutive fiscal years in the 5 fiscal U.S.C. 3021 et seq.), the services of Aging and for the Federal share of the cost of carrying year period beginning with fiscal year 2010. Disability Resource Centers), and State- out evidence-based disease prevention and ‘‘(4) Such other information as the Sec- funded and privately funded long-term care health promotion programs. retary determines appropriate. ‘‘(b) ALLOTMENTS.— benefits, through efforts to shorten and sim- ‘‘(d) APPLICATION FOR CONTINUATION.— ‘‘(1) ALLOTMENTS TO INDIAN TRIBES AND TER- plify the eligibility processes for older indi- ‘‘(1) IN GENERAL.—A State that receives an RITORIES.— viduals and individuals with disabilities; initial grant under this section shall apply, ‘‘(A) RESERVATION.—The Secretary shall after consulting and coordinating with the ‘‘(D) provide referrals to the State evi- reserve from the funds made available under dence-based disease prevention and health area agencies on aging, for a continuation of subsection (g)— the initial grant, which application shall in- promotion programs under subtitle B; ‘‘(i) for fiscal year 2010, $1,500,952; and ‘‘(E) allocate the State funds available clude— ‘‘(ii) for each subsequent fiscal year, ‘‘(A) a description of any significant under subtitle C and carry out the State en- $1,500,952, increased by the percentage in- changes to the information provided in the hanced nursing home diversion program crease in the Consumer Price Index for All initial application; and under subtitle C; and Urban Consumers, between October of the ‘‘(B) such data concerning performance ‘‘(F) and provide information about, other fiscal year preceding the subsequent fiscal measures related to the requirements in the services available in the State that may as- year and October, 2007. initial application as the Secretary shall resist an individual to remain in the commu- ‘‘(B) ALLOTMENTS.—The Secretary shall quire. nity, including the Medicare and Medicaid use the reserved funds under subparagraph ‘‘(2) EFFECT.—The requirement under para- programs, the State health insurance assist- (A) to make allotments to— ance program, the supplemental nutrition graph (1) shall be in effect through fiscal ‘‘(i) Indian tribes; and year 2020. assistance program established under the ‘‘(ii) Guam, American Samoa, the Com- Food and Nutrition Act of 2008 (7 U.S.C. 2011 ‘‘(e) USE OF FUNDS.—A State that receives monwealth of the Northern Mariana Islands, a grant under this section shall use the funds et seq.), and the Low-Income Home Energy the Commonwealth of Puerto Rico, and the made available through the grant to carry Assistance Program under the Low-Income United States Virgin Islands. out— Home Energy Assistance Act of 1981 (42 ‘‘(2) IN GENERAL.— ‘‘(1) an evidence-based chronic disease self- U.S.C. 8621 et seq.), and such other services, ‘‘(A) AMOUNTS.— management program; as the State shall include. ‘‘(i) IN GENERAL.—Except as provided in ‘‘(2) an evidence-based falls prevention pro- ‘‘(3) COLLABORATIVE ARRANGEMENTS.— paragraph (3), the Secretary shall allot to gram; or ‘‘(A) CENTER FOR INDEPENDENT LIVING.— each eligible State for a fiscal year an ‘‘(3) another evidence-based disease preven- Each entity receiving an allotment under amount that bears the same relationship to tion and health promotion program. subsection (c) shall involve in the planning the funds made available under this section ‘‘(f) FEDERAL SHARE.— and implementation of the single-entry and not reserved under paragraph (1) for that ‘‘(1) IN GENERAL.—The Federal share of the point system the local center for inde- fiscal year as the number of older individuals cost described in subsection (a) shall be 85 pendent living (as defined in section 702 of in the State bears to the number of older in- percent. the Rehabilitation Act of 1973 (29 U.S.C. dividuals in all the States. ‘‘(2) NON-FEDERAL SHARE.—The State may 796a)), which provides information, referral, ‘‘(ii) OLDER INDIVIDUALS.—The number of provide the non-Federal share of the cost in assistance, or services to individuals with older individuals in any State and in all cash or in-kind, fairly evaluated, including disabilities. States shall be determined by the Secretary plant, equipment, or services. The State may THER ENTITIES.—To the extent prac- ‘‘(B) O on the basis of the most recent data avail- provide the non-Federal share from State, ticable, the State single-entry point system able from the Bureau of the Census, and local, or private sources. shall enter into collaborative arrangements other reliable demographic data satisfactory ‘‘(g) FUNDING.— with aging and disability programs, service to the Secretary. ‘‘(1) IN GENERAL.—The Secretary shall use providers, agencies, the direct care work ‘‘(B) SUBGRANTS.— amounts made available under paragraph (2) force, and other entities in order to ensure ‘‘(i) IN GENERAL.—Each State agency that to make the grants described in subsection that information about such services may be receives an amount under subparagraph (A) (a). made available to individuals accessing the shall award subgrants to area agencies on ‘‘(2) FUNDING.—There are authorized to be State single-entry point system. aging that can demonstrate performance ca- appropriated to carry out this section— ‘‘(f) FEDERAL SHARE.— pacity to carry out activities under this sec- ‘‘(A) $36,050,000 for fiscal year 2010; ‘‘(1) IN GENERAL.—The Federal share of the tion whether such area agency on aging car- ‘‘(B) $41,200,000 for fiscal year 2011; cost described in subsection (b) shall be 75 ries out the activities directly or through ‘‘(C) $56,650,000 for fiscal year 2012; percent. contract with an aging network entity. ‘‘(D) $77,250,000 for fiscal year 2013; ‘‘(2) NON-FEDERAL SHARE.—The State may ‘‘(ii) SUBGRANTS TO OTHER ENTITIES.—A ‘‘(E) $92,700,000 for fiscal year 2014; provide the non-Federal share of the cost in State agency may make subgrants described ‘‘(F) $103,000,000 for fiscal year 2015; cash or in-kind, fairly evaluated, including in clause (i) to other qualified aging network ‘‘(G) $118,450,000 for fiscal year 2016; plant, equipment, or services. The State may entities only if the area agency on aging ‘‘(H) $133,900,000 for fiscal year 2017; provide the non-Federal share from State, chooses not to apply for a subgrant or is not ‘‘(I) $149,350,000 for fiscal year 2018; local, or private sources. able to demonstrate performance capacity to ‘‘(J) $157,590,000 for fiscal year 2019; and carry out the activities described in this sec- ‘‘(K) $173,040,000 for fiscal year 2020. ‘‘(g) FUNDING.— tion. ‘‘(3) AVAILABILITY.—Funds appropriated ‘‘(1) IN GENERAL.—The Secretary shall use ‘‘(3) MINIMUM ALLOTMENT.—No State shall amounts made available under paragraph (2) under paragraph (2) shall remain available receive an allotment under this section for a until expended. to make the grants described in subsection fiscal year that is less than 0.5 percent of the (b). funds made available to carry out this sec- ‘‘Subtitle C—Diversion Programs ‘‘(2) FUNDING.—There are authorized to be tion for that fiscal year and not reserved ‘‘SEC. 2231. ENHANCED NURSING HOME DIVER- appropriated to carry out this section— under paragraph (1). SION PROGRAMS. ‘‘(A) $30,900,000 for fiscal year 2010; ‘‘(4) ELIGIBILITY.—In addition to the States ‘‘(a) DEFINITION.—In this section: ‘‘(B) $38,264,000 for fiscal year 2011; determined by the Secretary to be eligible ‘‘(1) LOW-INCOME SENIOR.—The term ‘low- ‘‘(C) $48,410,000 for fiscal year 2012; for a grant under this section, a State that income senior’ means an individual who— ‘‘(D) $53,560,000 for fiscal year 2013; receives a Federal grant for evidence-based ‘‘(A) is age 75 or older; and ‘‘(E) $63,860,000 for fiscal year 2014; disease prevention is eligible for a grant ‘‘(B) is from a household with a household ‘‘(F) $69,010,000 for fiscal year 2015; under this section. income that is not less than 150 percent, and ‘‘(G) $74,160,000 for fiscal year 2016; ‘‘(c) APPLICATIONS.—To be eligible to re- not more than 300 percent, of the poverty ‘‘(H) $79,310,000 for fiscal year 2017; ceive a grant under this section, a State line. ‘‘(I) $84,460,000 for fiscal year 2018; agency shall, after consulting and coordi- ‘‘(2) NURSING HOME.—The term ‘nursing ‘‘(J) $89,610,000 for fiscal year 2019; and nating with consumers, other stakeholders, home’ means— ‘‘(K) $95,790,000 for fiscal year 2020. and area agencies on aging in the State, if ‘‘(A) a skilled nursing facility, as defined ‘‘(3) AVAILABILITY.—Funds appropriated any, submit an application to the Secretary in section 1819(a); or under paragraph (2) shall remain available at such time, in such manner, and con- ‘‘(B) a nursing facility, as defined in sec- until expended. taining the following information: tion 1919(a).

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‘‘(b) PROGRAM.— ‘‘(A) a description of any significant provide the non-Federal share from State, ‘‘(1) IN GENERAL.—The Secretary shall es- changes to the information provided in the local, or private sources. tablish and carry out a diversion program. In initial application; and ‘‘(i) FUNDING.— carrying out the program, the Secretary ‘‘(B) such data concerning performance ‘‘(1) IN GENERAL.—The Secretary shall use shall make grants to States, from allotments measures related to the requirements in the amounts made available under paragraph (2) described in subsection (c), to pay for the initial application as the Secretary shall re- to make the grants described in subsection Federal share of the cost of carrying out en- quire. (b). hanced nursing home diversion programs. ‘‘(2) EFFECT.—The requirement under para- ‘‘(2) FUNDING.—There are authorized to be ‘‘(2) COHORTS.—The Secretary shall make graph (1) shall be in effect through fiscal appropriated to carry out this section— the grants to— year 2020. ‘‘(A) $111,825,137 for fiscal year 2010; ‘‘(A) a first year cohort consisting of one ‘‘(f) USE OF FUNDS.— ‘‘(B) $337,525,753 for fiscal year 2011; third of the States, for fiscal year 2010; ‘‘(1) IN GENERAL.—A State that receives a ‘‘(C) $650,098,349 for fiscal year 2012; ‘‘(B) a second year cohort consisting of the grant under this section shall carry out the ‘‘(D) $865,801,631 for fiscal year 2013; cohort described in subparagraph (A) and an following: ‘‘(E) $988,504,887 for fiscal year 2014; additional one third of the States, for fiscal ‘‘(A) Use the funds made available through ‘‘(F) $1,124,547,250 for fiscal year 2015; year 2011; and the grant to carry out an enhanced nursing ‘‘(G) $1,276,750,865 for fiscal year 2016; ‘‘(C) a third year cohort consisting of all home diversion program that enables eligible ‘‘(H) $1,364,488,901 for fiscal year 2017; the eligible States, for fiscal year 2012 and individuals to avoid admission into nursing ‘‘(I) $1,466,769,052 for fiscal year 2018; each subsequent fiscal year. homes by enabling the individuals to obtain ‘‘(J) $1,712,755,702 for fiscal year 2019; and ‘‘(3) READINESS.—In determining whether alternative long-term services and supports ‘‘(K) $1,712,755,702 for fiscal year 2020. to include an eligible State in the first year, and remain in their communities. ‘‘(3) AVAILABILITY.—Funds appropriated second year, or third year and subsequent ‘‘(B) Award subgrants to area agencies on under paragraph (2) shall remain available year cohort, the Secretary shall consider the aging that can demonstrate performance ca- until expended. pacity to carry out activities under this sec- readiness of the State to carry out an en- ‘‘Subtitle D—Administration, Evaluation, and hanced nursing home diversion program tion whether such area agency on aging carries out the activities directly or through Technical Assistance under this section. Readiness shall be deter- ‘‘SEC. 2241. ADMINISTRATION, EVALUATION, AND mined based on a consideration of the fol- contract with an aging network entity. A State may make subgrants to other qualified TECHNICAL ASSISTANCE. lowing factors: ‘‘(a) ADMINISTRATION AND EXPENSES.—For ‘‘(A) Availability of a comprehensive array aging network entities only if the area agency on aging chooses not to apply for a purposes of carrying out this title, there are of home- and community-based services. subgrant or is not able to demonstrate per- authorized to be appropriated for adminis- ‘‘(B) Sufficient home- and community- formance capacity to carry out the activities tration and expenses— based services provider capacity. described in this section. ‘‘(1) of the area agencies on aging— ‘‘(C) Availability of housing. ‘‘(2) CASE MANAGEMENT.— ‘‘(A) $16,825,895 for fiscal year 2010; ‘‘(D) Availability of supports for consumer- ‘‘(A) IN GENERAL.—The State, through the ‘‘(B) $39,246,141 for fiscal year 2011; directed services, including whether a fiscal State single-entry point system established ‘‘(C) $50,766,948 for fiscal year 2012; intermediary is in place. under subtitle A, shall provide for case man- ‘‘(D) $66,999,101 for fiscal year 2013; ‘‘(E) Ability to perform timely eligibility agement services to the eligible individuals. ‘‘(E) $76,979,152 for fiscal year 2014; determinations and assessment for services. ‘‘(B) USE OF EXISTING SERVICES.—In car- ‘‘(F) $87,163,513 for fiscal year 2015; ‘‘(F) Existence of a quality assessment and rying out subparagraph (A), the State agen- ‘‘(G) $98,780,562 for fiscal year 2016; improvement program for home and commu- cy or area agency on aging may utilize exist- ‘‘(H) $106,063,792 for fiscal year 2017; nity-based services. ing case management services delivery net- ‘‘(I) $114,324,642 for fiscal year 2018; ‘‘(G) Such other factors as the Secretary works if— ‘‘(J) $123,312,948 for fiscal year 2019; and determines appropriate. ‘‘(i) the networks have adequate safeguards ‘‘(K) $133,215,845 for fiscal year 2020; ‘‘(c) ALLOTMENTS.— against potential conflicts of interest; and ‘‘(2) of the State agencies— ‘‘(1) IN GENERAL.— ‘‘(ii) the State agency or area agency on ‘‘(A) $8,412,948 for fiscal year 2010; ‘‘(A) AMOUNT.—The Secretary shall allot to aging includes a description of such safe- ‘‘(B) $19,623,071 for fiscal year 2011; an eligible State (within the applicable co- guards in the grant application. ‘‘(C) $25,383,474 for fiscal year 2012; hort) for a fiscal year an amount that bears ‘‘(C) CARE PLAN.—The State shall provide ‘‘(D) $33,499,551 for fiscal year 2013; the same relationship to the funds made for development of a care plan for each eligi- ‘‘(E) $38,489,576 for fiscal year 2014; available under subsection (i) for that fiscal ble individual served, in consultation with ‘‘(F) $43,581,756 for fiscal year 2015; year as the number of low-income seniors in the eligible individual and their caregiver, as ‘‘(G) $49,390,281 for fiscal year 2016; the State bears to the number of low-income appropriate. In developing the care plan, the ‘‘(H) $53,031,896 for fiscal year 2017; seniors within States in the applicable co- State shall explain the option of consumer ‘‘(I) $57,162,321 for fiscal year 2018; hort for that fiscal year. directed care and assist an individual, who so ‘‘(J) $61,656,474 for fiscal year 2019; and ‘‘(B) LOW-INCOME SENIORS.—The number of requests, with developing a consumer-di- ‘‘(K) $66,607,923 for fiscal year 2020; and low-income seniors in any State and in all rected care plan that shall include arranging ‘‘(3) of the Administration— States shall be determined by the Secretary for support services and funding. Such assist- ‘‘(A) $2,103,237 for fiscal year 2010; on the basis of the most recent data avail- ance shall include providing information and ‘‘(B) $4,905,768 for fiscal year 2011; able from the American Community Survey, outreach to individuals in the hospital, in a ‘‘(C) $6,345,868 for fiscal year 2012; and other reliable demographic data satis- nursing home for post-acute care, or under- ‘‘(D) $8,374,888 for fiscal year 2013; factory to the Secretary. going changes in their health status or care- ‘‘(E) $9,622,394 for fiscal year 2014; ‘‘(2) ELIGIBILITY.—In addition to the States giver situation. ‘‘(F) $10,895,439 for fiscal year 2015; determined by the Secretary to be eligible ‘‘(g) ELIGIBLE INDIVIDUALS.—In this sec- ‘‘(G) $12,347,570 for fiscal year 2016; for a grant under this section, a State that tion, the term ‘eligible individual’ means an ‘‘(H) $13,257,974 for fiscal year 2017; receives a Federal grant for a nursing home individual— ‘‘(I) $14,290,580 for fiscal year 2018; diversion is eligible for a grant under this ‘‘(1) who has been determined by the State ‘‘(J) $15,414,118 for fiscal year 2019; and section. to be at high functional risk of nursing home ‘‘(K) $16,651,981 for fiscal year 2020. ‘‘(d) APPLICATIONS.—To be eligible to replacement, as defined by the State agency in ‘‘(b) EVALUATION AND TECHNICAL ASSIST- ceive a grant under this section, a State the State agency’s grant application; ANCE.— agency shall, after consulting and coordi- ‘‘(2) who is not eligible for medical assist- ‘‘(1) CONDITIONS TO RECEIPT OF GRANT.—In nating with consumers, other stakeholders, ance under title XIX; and awarding grants under this title, the Sec- and area agencies on aging in the State, if ‘‘(3) who meets the income and asset eligi- retary shall condition receipt of the grant any, submit an application to the Secretary bility requirements established by the State for the second and subsequent grant years on at such time, in such manner, and con- and included in such State’s grant applica- a satisfactory determination that the State taining such information as the Secretary tion for approval by the Secretary. agency is meeting benchmarks specified in may require, including a specification of the ‘‘(h) FEDERAL SHARE.— the grant agreement for each grant awarded period of the grant request, which shall in- ‘‘(1) IN GENERAL.—The Federal share of the under this title. clude not less than 3 consecutive fiscal years cost described in subsection (b) shall be, for ‘‘(2) EVALUATIONS.—The Secretary shall in the 5 fiscal year period beginning with the a State and for a fiscal year, the sum of— measure and evaluate, either directly or fiscal year prior to the year of application. ‘‘(A) the Federal medical assistance per- through grants or contracts, the impact of ‘‘(e) APPLICATION FOR CONTINUATION.— centage applicable to the State for the year the programs authorized under this title. ‘‘(1) IN GENERAL.—A State that receives an under section 1905(b); and Not later than June 1 of the year that is 6 initial grant under this section shall apply, ‘‘(B) 5 percentage points. years after the year of the date of enactment after consulting and coordinating with the ‘‘(2) NON-FEDERAL SHARE.—The State may of the Project 2020: Building on the Promise area agencies on aging, for a continuation of provide the non-Federal share of the cost in of Home and Community-Based Services Act the initial grant, which application shall in- cash or in-kind, fairly evaluated, including of 2009 and every 2 years thereafter, the Sec- clude— plant, equipment, or services. The State may retary shall—

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.075 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6568 CONGRESSIONAL RECORD — SENATE June 11, 2009 ‘‘(A) compile the reports of the measures vilian honor, by President William Jefferson Memorial Museum, Officer Stephen T. Johns and evaluations of the grantees; Clinton in 1996; and of Temple Hills, Maryland, was fatally ‘‘(B) establish benchmarks to show Whereas Millard Fuller passed away on wounded and died heroically in the line of progress toward savings; and February 3, 2009, leaving behind a loving duty; ‘‘(C) present a compilation of the informa- wife, a proud family, and a legacy that will Whereas, in the wake of this heinous act of tion under this paragraph to Congress. extend far beyond his life: Now, therefore, be violence, the people of the United States ‘‘(3) TECHNICAL ASSISTANCE GRANTS.—The it should renew the commitment to end big- Secretary shall award technical assistance Resolved, That the Senate— otry, intolerance, and hatred; and grants, including State specific grants when- (1) celebrates the life and achievements of Whereas there is no place in the society of ever practicable, to carry out the programs Millard Fuller; the United States for individuals who seek to authorized under this title. (2) acknowledges the millions of people he harm or deny rights to others, especially ‘‘(4) TRANSFER.—There are authorized to be and his organization have served and the in- based on religion, race, or ethnic identity: appropriated for such evaluation and tech- spiration he has given to so many; and Now, therefore, be it (3) encourages all the people of the United nical assistance under this subsection— Resolved, That the Senate— States to recognize and pay tribute to Mil- ‘‘(A) $4,206,474 for fiscal year 2010; (1) offers deepest condolences to the family lard Fuller’s life by following the example of ‘‘(B) $9,811,535 for fiscal year 2011; and friends of Officer Stephen T. Johns; service that he set. ‘‘(C) $8,461,158 for fiscal year 2012; (2) commends the staff members of the ‘‘(D) $11,166,517 for fiscal year 2013; f United States Holocaust Memorial Museum ‘‘(E) $12,829,859 for fiscal year 2014; SENATE RESOLUTION 184—OFFER- for their courage and bravery in responding ‘‘(F) $14,527,252 for fiscal year 2015; ING DEEPEST CONDOLENCES TO to the attack on June 10, 2009; ‘‘(G) $16,463,427 for fiscal year 2016; THE FAMILY AND FRIENDS OF (3) condemns anti-Semitism and all forms ‘‘(H) $17,677,299 for fiscal year 2017; of religious, ethnic, and racial bigotry; ‘‘(I) $19,054,107 for fiscal year 2018; OFFICER STEPHEN T. JOHNS AND CALLING ON THE LEADERS (4) condemns acts of physical violence ‘‘(J) $20,552,158 for fiscal year 2019; and against, and harassment of, people based on ‘‘(K) $22,202,641 for fiscal year 2020. OF ALL NATIONS TO SPEAK OUT race, gender, ethnicity, or religious affili- ‘‘(c) AVAILABILITY.—Funds appropriated AGAINST THE MANIFESTATIONS ation; and under this section shall remain available OF ANTI-SEMITISM, BIGOTRY, (5) calls on the leaders of all Nations to until expended.’’. AND HATRED speak out against the manifestations of anti- f Mr. CARDIN (for himself, Mr. DUR- Semitism, bigotry, and hatred. SUBMITTED RESOLUTIONS BIN, Mr. AKAKA, Mr. ALEXANDER, Mr. BARRASSO, Mr. BAUCUS, Mr. BAYH, Mr. f BEGICH, Mr. BENNET, Mr. BENNETT, Mr. SENATE RESOLUTION 183—CELE- BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. SENATE CONCURRENT RESOLU- BRATING THE LIFE AND BROWN, Mr. BROWNBACK, Mr. BUNNING, TION 26—APOLOGIZING FOR THE ACHIEVEMENTS OF MILLARD Mr. BURR, Mr. BURRIS, Mr. BYRD, Ms. ENSLAVEMENT AND RACIAL FULLER, THE FOUNDER OF CANTWELL, Mr. CARPER, Mr. CASEY, Mr. SEGREGATION OF AFRICAN HABITAT FOR HUMANITY CHAMBLISS, Mr. COBURN, Mr. COCHRAN, AMERICANS Mr. SHELBY (for himself, Mr. SES- Ms. COLLINS, Mr. CONRAD, Mr. CORKER, Mr. HARKIN (for himself, Mr. SIONS, Mr. ISAKSON, and Mr. CHAMBLISS) Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, BROWNBACK, Mr. LEVIN, Mr. DURBIN, submitted the following resolution; Mr. DODD, Mr. DORGAN, Mr. ENSIGN, Mr. ENNEDY AUTENBERG which was considered and agreed to: ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. K , Mr. L , Ms. TABENOW OND OCHRAN S. RES. 183 Mrs. GILLIBRAND, Mr. GRAHAM, Mr. S , Mr. B , and Mr. C ) Whereas Millard Fuller was born on Janu- GRASSLEY, Mr. GREGG, Mrs. HAGAN, Mr. submitted the following conrurrent ary 3, 1935, in the small cotton-mill town of HARKIN, Mr. HATCH, Mrs. HUTCHISON, resolution; which was ordered held at Lanett, in Chambers County, Alabama, and Mr. INHOFE, Mr. INOUYE, Mr. ISAKSON, the desk: would later graduate from Auburn Univer- Mr. JOHANNS, Mr. JOHNSON, Mr. KAUF- S. CON. RES. 26 sity and the University of Alabama School of MAN, Mr. KENNEDY, Mr. KERRY, Ms. Law; KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. Whereas, during the history of the Nation, Whereas Millard Fuller became a self-made the United States has grown into a symbol of LANDRIEU, Mr. LAUTENBERG, Mr. millionaire by the age of 29 and could have democracy and freedom around the world; lived out the rest of his life in comfort, but LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. Whereas the legacy of African Americans instead he and his wife sold all of their pos- LINCOLN, Mr. LUGAR, Mr. MARTINEZ, is interwoven with the very fabric of the de- sessions, donated the proceeds to the poor, Mr. MCCAIN, Mrs. MCCASKILL, Mr. mocracy and freedom of the United States; and began searching for a new purpose for MCCONNELL, Mr. MENENDEZ, Mr. Whereas millions of Africans and their de- their lives; MERKLEY, Ms. MIKULSKI, Ms. MUR- scendants were enslaved in the United States Whereas Millard Fuller and his wife estab- KOWSKI, Mrs. MURRAY, Mr. NELSON of and the 13 American colonies from 1619 lished Habitat for Humanity in Americus, Florida, Mr. NELSON of Nebraska, Mr. through 1865; Georgia, in 1976; Whereas Africans forced into slavery were PRYOR, Mr. REED, Mr. REID, Mr. RISCH, Whereas Habitat for Humanity has con- brutalized, humiliated, dehumanized, and structed more than 300,000 homes for 1,500,000 Mr. ROBERTS, Mr. ROCKEFELLER, Mr. subjected to the indignity of being stripped people and has a presence in all 50 States, SANDERS, Mr. SCHUMER, Mr. SESSIONS, of their names and heritage; the District of Columbia, Guam, Puerto Mrs. SHAHEEN, Mr. SHELBY, Ms. SNOWE, Whereas many enslaved families were torn Rico, and more than 90 countries around the Mr. SPECTER, Ms. STABENOW, Mr. TEST- apart after family members were sold sepa- world; ER, Mr. THUNE, Mr. UDALL of Colorado, rately; Whereas Habitat for Humanity’s note- Mr. UDALL of New Mexico, Mr. VITTER, Whereas the system of slavery and the vis- worthy accomplishments include building Mr. VOINOVICH, Mr. WARNER, Mr. WEBB, ceral racism against people of African de- 263 houses across the United States in 1 week Mr. WHITEHOUSE, Mr. WICKER, and Mr. scent upon which it depended became en- and massive rebuilding efforts in New Orle- meshed in the social fabric of the United WYDEN) submitted the following reso- ans following Hurricane Katrina; States; Whereas in 2005, Millard Fuller established lution; which was considered and Whereas slavery was not officially abol- The Fuller Center for Housing, which works agreed to: ished until the ratification of the 13th with local organizations to provide support S. RES. 184 amendment to the Constitution of the and guidance to repair and build homes for Whereas the United States Holocaust Me- United States in 1865, after the end of the impoverished individuals and is located in 24 morial Museum was established as a ‘‘living Civil War; States and 15 countries on 5 continents; memorial that stimulates leaders and citi- Whereas after emancipation from 246 years Whereas Millard Fuller provided 3 decades zens to confront hatred, prevent genocide, of slavery, African Americans soon saw the of leadership and service to Habitat for Hu- promote human dignity, and strengthen de- fleeting political, social, and economic gains manity and The Fuller Center for Housing, mocracy’’; they made during Reconstruction evis- committing his life to philanthropy and Whereas, since the dedication of the United cerated by virulent racism, lynchings, dis- service to others while raising global con- States Holocaust Memorial Museum in 1993, enfranchisement, Black Codes, and racial cern for homelessness and poverty; the United States Holocaust Memorial Mu- segregation laws that imposed a rigid system Whereas Millard Fuller was honored with seum has welcomed nearly 30,000,000 visitors, of officially sanctioned racial segregation in over 50 honorary doctorate degrees by col- including more than 8,000,000 school children virtually all areas of life; leges and universities throughout the United and 85 heads of state; Whereas the system of de jure racial seg- States and was awarded the Presidential Whereas, on June 10, 2009, in an assault at regation known as ‘‘Jim Crow’’, which arose Medal of Freedom, the Nation’s highest ci- the entrance of the United States Holocaust in certain parts of the United States after

VerDate Nov 24 2008 03:18 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.075 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6569 the Civil War to create separate and unequal their ancestors who suffered under slavery Labor, and Pensions be authorized to societies for Whites and African Americans, and Jim Crow laws; and meet, during the session of the Senate, was a direct result of the racism against peo- (C) expresses its recommitment to the to conduct a hearing entitled ple of African descent that was engendered principle that all people are created equal ‘‘Healthcare Reform’’ on Thursday, by slavery; and endowed with inalienable rights to life, Whereas the system of Jim Crow laws offi- liberty, and the pursuit of happiness, and June 11, 2009. The hearing will com- cially existed until the 1960’s—a century calls on all people of the United States to mence at 3 p.m. in room 216 of the Hart after the official end of slavery in the United work toward eliminating racial prejudices, Senate Office Building. States—until Congress took action to end it, injustices, and discrimination from our soci- The PRESIDING OFFICER. Without but the vestiges of Jim Crow continue to this ety. objection, it is so ordered. day; (2) DISCLAIMER.—Nothing in this resolu- COMMITTEE ON INDIAN AFFAIRS Whereas African Americans continue to tion— suffer from the consequences of slavery and (A) authorizes or supports any claim Mr. NELSON of Florida. Mr. Presi- Jim Crow laws—long after both systems against the United States; or dent, I ask unanimous consent that the were formally abolished—through enormous (B) serves as a settlement of any claim Committee on Indian Affairs be author- damage and loss, both tangible and intan- against the United States. ized to meet during the session of the gible, including the loss of human dignity f Senate on Thursday, June 11, 2009, at and liberty; 2:15 p.m. in room 628 of the Dirksen Whereas the story of the enslavement and NOTICE OF HEARING de jure segregation of African Americans and Senate Office Building. COMMITTEE ON ENERGY AND NATURAL the dehumanizing atrocities committed The PRESIDING OFFICER. Without RESOURCES against them should not be purged from or objection, it is so ordered. Mr. BINGAMAN. Mr. President, I minimized in the telling of the history of the COMMITTEE ON THE JUDICIARY United States; would like to announce for the infor- Whereas those African Americans who suf- mation of the Senate and the public Mr. NELSON of Florida. Mr. Presi- fered under slavery and Jim Crow laws, and that the business meeting of the Com- dent, I ask unanimous consent that the their descendants, exemplify the strength of mittee on Energy and Natural Re- Committee on the Judiciary be author- the human character and provide a model of sources that reconvened on Thursday, ized to meet during the session of the courage, commitment, and perseverance; June 11, 2009, will resume in SD–366 of Senate, on June 11, 2009, at 10 a.m. in Whereas, on July 8, 2003, during a trip to the Dirksen Senate Office Building, on room SD–226 of the Dirksen Senate Of- Goree Island, Senegal, a former slave port, Tuesday, June 16, 2009, at 10:15 a.m., fice Building, to conduct an executive President George W. Bush acknowledged the business meeting. continuing legacy of slavery in life in the until 11 a.m. United States and the need to confront that The business meeting will then re- The PRESIDING OFFICER. Without legacy, when he stated that slavery ‘‘was . . convene on Wednesday, June 17, 2009, objection, it is so ordered. . one of the greatest crimes of history . . . at 9 a.m. until 10 a.m. COMMITTEE ON RULES AND ADMINISTRATION The racial bigotry fed by slavery did not end The purpose of the business meeting Mr. NELSON of Florida. Mr. Presi- with slavery or with segregation. And many is to consider pending energy legisla- dent, I ask unanimous consent that the of the issues that still trouble America have tion. roots in the bitter experience of other times. Committee on Rules and Administra- But however long the journey, our destiny is For further information, please con- tion be authorized to meet during the set: liberty and justice for all.’’; tact Sam Fowler at (202) 224–7571 or session of the Senate on Thursday, Whereas President Bill Clinton also ac- Amanda Kelly at (202) 224–6836. June 11, 2009, at 2:45 p.m. knowledged the deep-seated problems caused f The PRESIDING OFFICER. Without by the continuing legacy of racism against objection, it is so ordered. African Americans that began with slavery, AUTHORITY FOR COMMITTEES TO when he initiated a national dialogue about MEET SELECT COMMITTEE ON INTELLIGENCE race; COMMITTEE ON ARMED SERVICES Mr. NELSON of Florida. Mr. Presi- Whereas an apology for centuries of brutal dent, I ask unanimous consent that the dehumanization and injustices cannot erase Mr. NELSON of Florida. Mr. Presi- dent, I ask unanimous consent that the Select Committee on Intelligence be the past, but confession of the wrongs com- authorized to met during the session of mitted and a formal apology to African committee on Armed Services be au- Americans will help bind the wounds of the thorized to meet during the session of the Senate on June 11, 2009, at 2 p.m. Nation that are rooted in slavery and can the Senate on Thursday, June 11, 2009, The PRESIDING OFFICER. Without speed racial healing and reconciliation and at 9:30 a.m. objection, it is so ordered. help the people of the United States under- The PRESIDING OFFICER. Without SUBCOMMITTEE ON CRIME AND DRUGS stand the past and honor the history of all objection, it is so ordered. people of the United States; Mr. NELSON of Florida. Mr. Presi- Whereas the legislatures of the Common- COMMITTEE ON ENERGY AND NATURAL dent, I ask unanimous consent that the wealth of Virginia and the States of Ala- RESOURCES Committee on the Judiciary, Sub- bama, Florida, Maryland, and North Caro- Mr. NELSON of Florida. Mr. Presi- committee on Crime and Drugs, be au- lina have taken the lead in adopting resolu- dent, I ask unanimous consent that the thorized to meet during the session of tions officially expressing appropriate re- Committee on Energy and Natural Re- the Senate, on June 11, 2009, at 3 p.m., morse for slavery, and other State legisla- sources be authorized to meet during in room SD–226 of the Dirksen Senate tures are considering similar resolutions; the session of the Senate on Thursday, Office Building, to conduct a hearing and Whereas it is important for the people of June 11, 2009, at 2 p.m., in room SD–366 entitled ‘‘Exploring the National the United States, who legally recognized of the Dirksen Senate Office Building. Criminal Justice Commission Act of slavery through the Constitution and the The PRESIDING OFFICER. Without 2009.’’ laws of the United States, to make a formal objection, it is so ordered. The PRESIDING OFFICER. Without apology for slavery and for its successor, Jim COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. Crow, so they can move forward and seek Mr. NELSON of Florida. Mr. Presi- SUBCOMMITTEE ON OCEANS, ATMOSPHERE, reconciliation, justice, and harmony for all FISHERIES, AND COAST GUARD people of the United States: Now, therefore, dent, I ask unanimous consent that the be it Committee on Foreign Relations be au- Mr. NELSON of Florida. Mr. Presi- Resolved by the Senate (the House of Rep- thorized to meet during the session of dent, I ask unanimous consent that the resentatives concurring), That the sense of the the Senate on Thursday, June 11, 2009, Subcommittee on Oceans, Atmosphere, Congress is the following: at 2 p.m. to hold a hearing entitled Fisheries, and Coast Guard of the Com- (1) APOLOGY FOR THE ENSLAVEMENT AND ‘‘North Korea Back at the Brink?’’. mittee on Commerce, Science, and SEGREGATION OF AFRICAN-AMERICANS.—The The PRESIDING OFFICER. Without Transportation be authorized to meet Congress— objection, it is so ordered. during the session of the Senate on (A) acknowledges the fundamental injus- COMMITTEE ON HEALTH, EDUCATION, LABOR, Thursday, June 11, 2009 at 11 a.m., in tice, cruelty, brutality, and inhumanity of AND PENSIONS slavery and Jim Crow laws; room 253 of the Russell Senate Office (B) apologizes to African Americans on be- Mr. NELSON of Florida. Mr. Presi- Building. half of the people of the United States, for dent, I ask unanimous consent that the The PRESIDING OFFICER. Without the wrongs committed against them and Committee on Health, Education, objection, it is so ordered.

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.080 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6570 CONGRESSIONAL RECORD — SENATE June 11, 2009 SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT preamble be agreed to, and the motion A resolution (S. Res. 184) offering deepest MANAGEMENT, THE FEDERAL WORKFORCE, to reconsider be laid upon the table. condolences to the family and friends of Offi- AND THE DISTRICT OF COLUMBIA. The PRESIDING OFFICER. Without cer Stephen T. Johns and calling on the lead- Mr. NELSON of Florida. Mr. Presi- objection, it is so ordered. ers of all Nations to speak out against the dent, I ask unanimous consent that the manifestations of anti-Semitism, bigotry, The resolution (S. Res. 183) was and hatred. Committee on Homeland Security and agreed to. There being no objection, the Senate Governmental Affairs’ Subcommittee The preamble was agreed to. proceeded to consider the resolution. on Oversight of Government Manage- The resolution, with its preamble, Mr. CARDIN. Mr. President, today I ment, the Federal Workforce, and the reads as follows: have submitted a resolution con- District of Columbia be authorized to S. RES. 183 meet during the session of the Senate demning yesterday’s heinous, horrific Whereas Millard Fuller was born on Janu- on Thursday, June 11, 2009, at 2:30 p.m. act of violence at the U.S. Holocaust ary 3, 1935, in the small cotton-mill town of Memorial Museum. to conduct a hearing entitled, ‘‘S. 372— Lanett, in Chambers County, Alabama, and The Whistleblower Protection En- would later graduate from Auburn Univer- I want to offer my deepest condo- hancement Act of 2009.’’ sity and the University of Alabama School of lences to the family and friends of Offi- The PRESIDING OFFICER. Without Law; cer Stephen Tyrone Johns. Officer objection, it is so ordered. Whereas Millard Fuller became a self-made Johns, of Temple Hills, in Prince millionaire by the age of 29 and could have George’s County, MD, died in the line f lived out the rest of his life in comfort, but of duty. He ably served as a guard of PRIVILEGES OF THE FLOOR instead he and his wife sold all of their pos- the museum for 6 years. He was just 39 sessions, donated the proceeds to the poor, and leaves behind a grieving family. He Mr. DORGAN. Mr. President, I ask and began searching for a new purpose for gave his life to save the lives of numer- unanimous consent that Ryan Douglas, their lives; ous others. We must perpetually honor Christian Fjeld, and Lisa Hone, Con- Whereas Millard Fuller and his wife estab- that ultimate sacrifice. I also want to gressional fellows with the Commerce lished Habitat for Humanity in Americus, commend all the staff of the U.S. Holo- Committee, be allowed floor privileges Georgia, in 1976; Whereas Habitat for Humanity has con- caust Memorial Museum and the au- during the consideration of S. 1023. structed more than 300,000 homes for 1,500,000 thorities who responded to the scene The PRESIDING OFFICER. Without people and has a presence in all 50 States, for their bravery. objection, it is so ordered. the District of Columbia, Guam, Puerto I have visited the Holocaust Memo- f Rico, and more than 90 countries around the world; rial Museum many times with my fam- UNANIMOUS CONSENT Whereas Habitat for Humanity’s note- ily and friends. It is clear that the gun- AGREEMENT—S. CON. RES. 26 worthy accomplishments include building man’s despicable rampage was intended 263 houses across the United States in 1 week to frighten and intimidate all people Mr. REID. I ask unanimous consent and massive rebuilding efforts in New Orle- who care about equality and liberty. that on Thursday, June 18, following a ans following Hurricane Katrina; I introduced this resolution to affirm period of morning business, the Senate Whereas in 2005, Millard Fuller established my commitment to ending the bigotry proceed to the consideration of S. Con. The Fuller Center for Housing, which works and hatred that led to this heinous act. Res. 26, a concurrent resolution sub- with local organizations to provide support and guidance to repair and build homes for There is no place in our society for in- mitted earlier today, and relating to dividuals who would harm or deny slavery apology; that the concurrent impoverished individuals and is located in 24 States and 15 countries on 5 continents; rights to others, especially based on re- resolution be held at the desk; that Whereas Millard Fuller provided 3 decades ligion, race, gender, or ethnic identity. there be 60 minutes for debate with re- of leadership and service to Habitat for Hu- It is heartening that each and every spect to the concurrent resolution, manity and The Fuller Center for Housing, U.S. Senator has cosponsored this reso- with the time equally divided and con- committing his life to philanthropy and lution. trolled between the two leaders or service to others while raising global con- Let there be no mistake about it, their designees; that no amendments cern for homelessness and poverty; anti-Semitism and other hate crimes Whereas Millard Fuller was honored with be in order to the concurrent resolu- remain a pressing problem in our soci- tion or preamble; that upon the use or over 50 honorary doctorate degrees by colleges and universities throughout the United ety. Anti-Semitism spawns from cen- yielding back of time, the Senate pro- States and was awarded the Presidential turies of hatred, persecution, and the ceed to vote on adoption of the concur- Medal of Freedom, the Nation’s highest ci- repeated attempts to destroy the Jew- rent resolution; that upon adoption, vilian honor, by President William Jefferson ish people from their early days of the preamble be agreed to; and the mo- Clinton in 1996; and slavery, through the Inquisition to the tions to reconsider be laid upon the Whereas Millard Fuller passed away on Holocaust and beyond. Hate crimes table, en bloc. February 3, 2009, leaving behind a loving send a powerful message because they wife, a proud family, and a legacy that will The PRESIDING OFFICER. Without affect more than the individual vic- objection, it is so ordered. extend far beyond his life: Now, therefore, be it tims; they are meant to intimidate and Mr. REID. Mr. President, we expect Resolved, That the Senate— instill fear in entire groups of people. this resolution to be voted on by voice. (1) celebrates the life and achievements of They create a sense of vulnerability f Millard Fuller; and insecurity in others who may share (2) acknowledges the millions of people he characteristics with the victims. And CELEBRATING THE LIFE AND and his organization have served and the in- that is precisely the intent of those ACHIEVEMENTS OF MILLARD spiration he has given to so many; and who commit these crimes. FULLER (3) encourages all the people of the United States to recognize and pay tribute to Mil- I am privileged to be chairman of the Mr. REID. I ask unanimous consent lard Fuller’s life by following the example of Helsinki Commission and a member of that the Senate now proceed to the im- service that he set. the Senate Judiciary Committee. In mediate consideration of S. Res. 183. f those capacities, and as a U.S. Senator The PRESIDING OFFICER. The generally, I am afforded numerous op- clerk will report the resolution by OFFERING CONDOLENCES TO THE portunities to speak out against the title. FAMILY AND FRIENDS OF OFFI- scourge of anti-Semitism, racial big- The assistant legislative clerk read CER STEPHEN T. JOHNS otry, and ethnic hatred worldwide. as follows: Mr. REID. I ask unanimous consent Part of the battle is to publicize the in- A resolution (S. Res. 183) celebrating the the Senate now proceed to the imme- tolerance and hateful activity. As Oli- life and achievements of Millard Fuller, the diate consideration of S. Res. 184. ver Wendell Holmes remarked, founder of Habitat for Humanity. The PRESIDING OFFICER. The The mind of a bigot is like the pupil of an There being no objection, the Senate clerk will report the resolution by eye. The more light you shine on it, the proceeded to consider the resolution. title. more it will contract. Mr. REID. I ask unanimous consent The assistant legislative clerk read This resolution is meant to be such a that the resolution be agreed to, the as follows: light and I am grateful that each and

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.083 S11JNPT1 wwoods2 on PRODPC68 with SENATE June 11, 2009 CONGRESSIONAL RECORD — SENATE S6571 seum has welcomed nearly 30,000,000 visitors, COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- every other Senator has seen fit to co- ING JUNE 30, 2012, VICE JOSEPH TIMOTHY KELLIHER, RE- sponsor it. We truly speak as one in including more than 8,000,000 school children SIGNED. and 85 heads of state; our anguish at the tragic event yester- DEPARTMENT OF STATE day and in our determination to root Whereas, on June 10, 2009, in an assault at the entrance of the United States Holocaust MICHAEL ANTHONY BATTLE, SR., OF GEORGIA, TO BE out its causes so that it will not be re- REPRESENTATIVE OF THE UNITED STATES OF AMERICA Memorial Museum, Officer Stephen T. Johns TO THE AFRICAN UNION, WITH THE RANK AND STATUS peated. of Temple Hills, Maryland, was fatally OF AMBASSADOR EXTRAORDINARY AND PLENI- Mr. BURRIS. Mr. President, it is POTENTIARY. wounded and died heroically in the line of DONALD STERNOFF BEYER, JR., OF VIRGINIA, TO BE with deep sadness that I rise to mark duty; AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY the death of security guard Stephen Whereas, in the wake of this heinous act of OF THE UNITED STATES OF AMERICA TO SWITZERLAND, AND TO SERVE CONCURRENTLY AND WITHOUT ADDI- Tyrone Johns, whose senseless murder violence, the people of the United States TIONAL COMPENSATION AS AMBASSADOR EXTRAOR- yesterday afternoon at the U.S. Holo- should renew the commitment to end big- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE PRINCIPALITY OF LIECHTENSTEIN. caust Memorial Museum shocked us otry, intolerance, and hatred; and Whereas there is no place in the society of MARTHA LARZELERE CAMPBELL, OF MICHIGAN, A CA- all. REER MEMBER OF THE SENIOR FOREIGN SERVICE, the United States for individuals who seek to CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR My heart goes out to his family and harm or deny rights to others, especially EXTRAORDINARY AND PLENIPOTENTIARY OF THE friends on this tragic day and to his UNITED STATES OF AMERICA TO THE REPUBLIC OF THE based on religion, race, or ethnic identity: MARSHALL ISLANDS. colleagues and fellow security officers Now, therefore, be it DONALD HENRY GIPS, OF COLORADO, TO BE AMBAS- who must return to a workplace that Resolved, That the Senate— SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF will surely never be quite the same. (1) offers deepest condolences to the family SOUTH AFRICA. Even as we mourn his death, we must and friends of Officer Stephen T. Johns; GORDON GRAY, OF VIRGINIA, A CAREER MEMBER OF commend Officer Johns, his colleagues, (2) commends the staff members of the THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- United States Holocaust Memorial Museum COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND and all emergency personnel who re- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA for their courage and bravery in responding TO THE REPUBLIC OF TUNISIA. sponded quickly to prevent additional to the attack on June 10, 2009; ALFONSO E. LENHARDT, OF NEW YORK, TO BE AMBAS- violence and protect the safety of mu- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF (3) condemns anti-Semitism and all forms THE UNITED STATES OF AMERICA TO THE UNITED RE- seum visitors. of religious, ethnic, and racial bigotry; PUBLIC OF TANZANIA. In the aftermath of this killing, how (4) condemns acts of physical violence JOHN R. NAY, OF MICHIGAN, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- can we make sense of that which can against, and harassment of, people based on COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND only be described as senseless? race, gender, ethnicity, or religious affili- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA How can we comprehend the forces ation; and TO THE REPUBLIC OF SURINAME. (5) calls on the leaders of all Nations to DANIEL M. ROONEY, OF PENNSYLVANIA, TO BE AMBAS- that would drive a person to such ha- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF tred, to such violence? speak out against the manifestations of anti- THE UNITED STATES OF AMERICA TO IRELAND. Semitism, bigotry, and hatred. RICHARD J. SCHMIERER, OF VIRGINIA, A CAREER MEM- The simple truth is that most of us BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- will never be able to fully understand f ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES this tragedy. We can only comfort one ORDERS FOR MONDAY, JUNE 15, OF AMERICA TO THE SULTANATE OF OMAN. another as we struggle to confront a PAMELA JO HOWELL SLUTZ, OF TEXAS, A CAREER 2009 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF world in which Officer Johns has been Mr. REID. Mr. President, I ask unan- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- taken from us far before his time. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES imous consent that when the Senate OF AMERICA TO THE REPUBLIC OF BURUNDI. The same incomprehensible hatred to completes its business today, it ad- VINAI K. THUMMALAPALLY, OF COLORADO, TO BE AM- which the Holocaust Memorial Museum BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF journ until 1:45 p.m., Monday, June 15; THE UNITED STATES OF AMERICA TO BELIZE. bears silent witness. that following the prayer and pledge, NATIONAL FOUNDATION ON THE ARTS AND THE We must honor the memory of Officer the Journal of proceedings be approved HUMANITIES Johns by continuing the work he sup- to date, the morning hour be deemed ROCCO LANDESMAN, OF NEW YORK, TO BE CHAIR- ported at the museum, preventing fur- expired, the time for the two leaders be PERSON OF THE NATIONAL ENDOWMENT FOR THE ARTS ther violence, and standing tall in the FOR A TERM OF FOUR YEARS, VICE DANA GIOIA, RE- reserved for their use later in the day, SIGNED. face of intolerance. and there be a period of morning busi- It will not be easy to move on, but we DEPARTMENT OF DEFENSE ness with Senators permitted to speak can start by asking ourselves what we JOSEPH W. WESTPHAL, OF NEW YORK, TO BE UNDER for up to 10 minutes each. SECRETARY OF THE ARMY, VICE NELSON M. FORD. can do to prevent guns from falling The PRESIDING OFFICER. Without IN THE AIR FORCE into the hands of killers, to stop those objection, it is so ordered. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- who would commit hate crimes before MENT TO THE GRADES INDICATED IN THE REGULAR AIR more innocent people are slain. That is f FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): what we owe the legacy of Officer Ste- PROGRAM To be colonel phen Tyrone Johns. That is how we can Mr. REID. Mr. President, earlier JOHN M. WIGHTMAN celebrate his memory, honor his sac- today I filed a cloture motion on the To be major rifice, and pay tribute to the spirit of motion to proceed to S. 1023, the travel MARK H. BAUMGARTNER his work and the continuing mission of JOHN F. FREILER promotion legislation. That cloture SHANNON L. MCCAMEY the place where he died. vote will occur prior to the recess for THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- Mr. REID. I ask unanimous consent the caucus luncheons on Tuesday, June MENT TO THE GRADES INDICATED IN THE REGULAR AIR the resolution be agreed to, the pre- 16. As previously announced, there will FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): amble be agreed to, the motion to re- be no rollcall votes next Monday. To be lieutenant colonel consider be laid upon the table, with no MICHELLE BONGIOVI f intervening action or debate, and any To be major statements be printed in the RECORD. ADJOURNMENT UNTIL MONDAY, JOSEF F. DOENGES The PRESIDING OFFICER. Without JUNE 15, 2009, AT 1:45 P.M. JENNIFER A. KORKOSZ objection, it is so ordered. Mr. REID. Mr. President, if there is THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- The resolution (S. Res. 184) was MENT TO THE GRADE INDICATED IN THE REGULAR AIR no further business to come before the FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): agreed to. Senate, I ask unanimous consent that To be major The preamble was agreed to. it adjourn under the previous order. SCOTT M. BAKER The resolution, with its preamble, There being no objection, the Senate, MARIO L. REPETA reads as follows: at 7:15 p.m., adjourned until Monday, DEE A. WEED S. RES. 184 June 15, 2009, at 1:45 p.m. IN THE ARMY Whereas the United States Holocaust Me- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR f APPOINTMENT TO THE GRADE INDICATED IN THE morial Museum was established as a ‘‘living UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, memorial that stimulates leaders and citi- NOMINATIONS U.S.C., SECTIONS 531 AND 3064: zens to confront hatred, prevent genocide, To be lieutenant colonel promote human dignity, and strengthen de- Executive nominations received by mocracy’’; the Senate: MICHAEL L. STEINBERG Whereas, since the dedication of the United FEDERAL ENERGY REGULATORY COMMISSION THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO THE GRADE INDICATED IN THE States Holocaust Memorial Museum in 1993, JOHN R. NORRIS, OF THE DISTRICT OF COLUMBIA, TO UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER the United States Holocaust Memorial Mu- BE A MEMBER OF THE FEDERAL ENERGY REGULATORY TITLE 10, U.S.C., SECTIONS 531 AND 3064:

VerDate Nov 24 2008 02:16 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 9801 E:\CR\FM\G11JN6.066 S11JNPT1 wwoods2 on PRODPC68 with SENATE S6572 CONGRESSIONAL RECORD — SENATE June 11, 2009 To be major EDWARD G. DOUGLAS TERENCE J. CONNOLLY MONTGOMERY C. ERFOURTH PHILIP C. COSTLEY PAUL W. MAETZOLD NATHAN M. GRAY CLIFTON B. CRIBB CARLOS I. MARTINEZ SCOTT A. CRUMP THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR PAUL NAVAS III RAFAEL CRUZGARCIA APPOINTMENT TO THE GRADE INDICATED IN THE PHILIP R. RUSIECKI MICHELLE A. DAILING UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, RACHEL D. SULLIVAN SCOTT L. DOWNING U.S.C., SECTIONS 531 AND 3064: JAMES C. SULLIVAN TIMOTHY A. DOYLE To be major MICHAEL F. TREMBLAY MICHAEL R. EASON JOSE M. VARGAS MONTGOMERY C. ERFOURTH SHERYL L. DACY ADAM T. FAIN THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JAMES M. LEITH GUY A. GASSER POINTMENT IN THE GRADES INDICATED IN THE UNITED ARTHUR G. GIRALDI THE FOLLOWING NAMED ARMY NATIONAL GUARD OF STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: THE UNITED STATES OFFICERS FOR APPOINTMENT TO GARY L. GOOD THE GRADE INDICATED IN THE RESERVE OF THE ARMY To be colonel MICHAEL K. GOODWIN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MICHAEL K. GRISWOLD ERNEST T. FORREST KRISJON A. HANSON To be colonel EDWARD B. MCKEE MICHAEL T. HEATON MARK L. VANDRIE JAMES R. FINLEY MICHAEL V. HICKMAN EDWARD E. HILDRETH III To be lieutenant colonel DELANE L. HOLLIS MARK A. STRYKER SEUNGHO HONG CRAIG M. WEAVER ROBERT A. ALBINO EDWARD K. HOOKS BRIAN D. ALLEN TREVOR W. HOUGH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONATHAN E. ALLEN KENGI A. HUTCHINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN ANGERTHAL STEVEN HUTCHISON AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND NEIL C. ARNOLD TODD A. JOHNSON 3064: DOUGLAS J. BELL TINA R. JONESFAISON To be lieutenant colonel DOUGLAS B. BELLET GAIDRA U. JOSEPH MARC B. CAROLAN LLOYD D. JUNGHANS OSCAR T. ARAUCO CHARLES R. CHAPPELL THOMAS D. KELLEY DAVID S. BAUM WILLIE P. COLLINS LARRY D. KIMBRELL KEITH N. CROOM DAVID C. COOK JEFFREY T. LAKEY JIMMY C. DAVIS, JR. CHARLES F. CORSON STUART E. LAWRENCE ALBERT L. DOWNING JESSE T. CRUZ TODD M. LEITSCHUH BARTH G. EDISON JAMES H. DONAHUE AARON M. LEONARD CHARLES M. FIELDS TIMOTHY A. DOYLE BRIAN A. LESIAK STEVEN R. GEORGE ANTHONY B. DUCKSWORTH LINDA K. LEWIS WILLIAM E. GODWINSTREMLER MALCOLM E. EARLES ARTURO Z. LINCON BILLY N. HAWKINS, JR. JEFFREY L. EDMONDS JOHN C. LING TERRENCE E. HAYES DAVID A. FAHY LISA J. LIVINGOOD CAROL D. HIGHSMITH FRED V. FLYNN CHRISTOPHER S. LUTZKANIN WALTER G. HOSKINS DAVID W. FREEMAN STEVEN L. MAKARSKY TIMOTHY L. HUBBS IVA R. GRAHEK PATRICK L. MALLETT YVONNE C. HUDSON MICHAEL HAMPTON ALICIA M. MASSON HARRY C. HUEY, JR. THOMAS M. HEBERT NATHAN E. MCCAULEY JAY S. JOHNS III DAVID E. HICKEY CAROL A. MCCLELLAND NORMAN W. JONES PLINT W. HICKMAN WAYNE E. MCCORMICK KLON K. KITCHEN, JR. BASIL R. HOWARD JOHN K. MCGEE MICHAEL T. KLEIN FOSTER E. HUDSON DETRICE D. MOSBY SAMUEL S. LEE PAUL H. JAMES JOHN C. MULHALL SUK J. LEE MARY C. JOHANNS MARC H. NGUYEN TRENTON E. LEWIS JOHN K. JOHNSON PAUL NIX PEDRO R. MARTINEZ ROBERT V. KENNINGTON ALI N. OMUR ANTONIO J. MCELROY JEREMY S. KOTKIN SHERRILYN W. ONEAL JOHN J. MURPHY JEFFREY J. KYBURZ STEPHEN W. OWEN KIM M. NORWOOD MICHAEL O. LALLAS MATTHEW D. PEDERSEN JOHN S. PECK EDWARD P. LOCKE RICHARD S. PEEKE DOUGLAS L. PRENTICE TERRY O. MARBURY DAVID L. POSTON ALLEN L. PUNDT FRANK M. MARTIN PETER G. QUEYREL KWON PYO RENE C. MARTINEZ MARCUS R. REINHART JOHN H. RASMUSSEN MICHAEL E. METELKO DONOVAN A. RICKEL TERRY L. SIMMONS EDWIN MOTT WILLIE R. ROSEMAN KENNETH R. SORENSON BRIDGET C. NIEHUS ERIC F. SAUER TERRENCE M. WALSH MORANT PITTMAN LORNE V. SERPA ROBERT E. WICHMAN WILLIAM A. RASKIN DAVID A. SETTJE KENNETH R. WILLIAMS, JR. DAVID F. RITTER ERIC A. SHAW MICHAEL D. WOOD EUGENIO R. RIVERA DANA L. SMITH D070807 RICHARD A. RODRIGUES JOHN E. SMITH BONNIE F. ROGERS THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JENNIFER J. SMITHHEYS RICHARD A. SANDERS JAMES T. SOPER POINTMENT TO THE GRADES INDICATED IN THE UNITED CHARLES G. SIMPSON STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: GREGORY C. SPEAKER STEVEN M. SPANGLER MARSHALL L. STEPHENSON To be lieutenant colonel STEPHEN F. STCLAIR GRANT W. STOEBNER DANIEL M. SWANSON CHRISTOPHER O. STOECKLIN DENNIS K. BENNETT JERRY D. THOMAS BRET A. STOVALL MICHAEL R. BRANTLEY DANIEL R. VALENTE WILLIAM E. SUMNER CHERYL L. CAVES VERNON N. VANDYNE MICHAEL D. TAYLOR LAWRENCE J. CRAFTS FAHNESTOCK C. VON MICHAEL S. TOKAR AUSTIN S. HAMNER DONALD S. WALKER JOSE M. TORRES JEROME E. KUCZERO TERESA A. WARDELL TIMOTHY J. TREAT SHERMAN S. LACOST JOSEPH W. WEIGMAN JOHN F. VANSTEENBURGH DONALD S. NELSON MICHAEL L. WILLIAMS GILBERTO R. VAZQUEZ JANINA T. REYES To be major TERRY R. VEENEMAN LONNIE E. SLADE MARK A. VERDI WILLIAM R. SPENGLER KEVIN J. AGEN ANGELA Y. WALKER To be major LAWRENCE W. BITTNER PAUL M. WHITE ANGELA L. BOWIE THEODORE O. WHITE JEREMIAH A. AESCHLEMAN SHAWN L. BROWN LILIETH R. WHYTE ERIK M. BAUER PETER C. CHEN TROY H. WINCAPAW RICHARD J. BROWN EDWARD V. CHESSER TERRY A. WINDMILLER RUSSELL B. BROWNFIELD SHANE A. CIPOLLA DEAN W. WOOD SHAWN E. CARPENTER JAMES G. CLARK WILLIAM H. WOOD ISABEL M. CASSLE ANDREW W. COLLINS WALTON D. ZIMMERMAN

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FOREIGN RELATIONS AUTHORIZA- CONDEMNING THE MURDER OF DR. the incorporation of the city of Norwich, Con- TION ACT, FISCAL YEARS 2010 GEORGE TILLER necticut. Founded in 1659 and known as the AND 2011 ‘‘Rose of Connecticut,’’ Norwich will be cele- SPEECH OF brating its 350th birthday and rich history throughout the month of June. SPEECH OF HON. BETTY McCOLLUM OF MINNESOTA During the American Revolution, Norwich HON. NITA M. LOWEY IN THE HOUSE OF REPRESENTATIVES supported the cause for independence by sup- Tuesday, June 9, 2009 plying soldiers, ships, and munitions. One of OF NEW YORK the most infamous figures of the Revolution, Ms. McCOLLUM. Mr. Speaker, I rise today Benedict Arnold, was born in Norwich. Other IN THE HOUSE OF REPRESENTATIVES in strong support of the resolution Con- well-known Colonial era individuals include Wednesday, June 10, 2009 demning the Murder of Dr. George Tiller (H. Samuel Huntington, Christopher Leffingwell, Res. 505) and with deepest sympathy for the and Daniel Lathrop. Today, Norwich is a thriv- The House in Committee of the Whole loved ones of Dr. Tiller. ing city and a center of commerce and manu- House on the State of the Union had under On May 31, 2009, an assassination took facturing, with a wide range of municipal serv- consideration of the bill (H.R. 2410) to au- place in Kansas. A physician was murdered in ices, a modern industrial park, and a positive thorize appropriations for the Department of an act of terrorism in his church. This act of outlook for residential and business growth. State and the Peace Corps for fiscal years anti-abortion vigilantism inspires fear and ter- As part of the celebration, the city will be 2010 and 2011, to modernize the Foreign Serv- ror. The murdered doctor had previously been presenting several events with participants ice, and for other purposes. shot and the clinic in which he worked had from across the globe. The city green will host been previously bombed. various reenactments of history with period Mrs. LOWEY. Mr. Chair, I rise today in This resolution, of which I am an original co- uniforms and equipment as they demonstrate strong support of H.R. 2410, the Foreign Rela- sponsor, expresses our sympathy for the fam- lifestyles of days past. There will be historic ily and loved ones of Dr. George Tiller and de- tions Authorization Act, and commend Chair- talks, as well as tours of historical and clares that violence should never be recourse man BERMAN for his leadership on this bill. Di- present-day landmarks, historic homes, fac- for a difference in beliefs. In honor of the plomacy and international development are tories, gardens, places of worship, and other memory of Dr. Tiller we must work harder than cornerstones of U.S. national security, and areas of preservation. Norwich will offer ‘‘mu- ever to promote tolerance and non-violence. H.R. 2410 will ensure that these key strategic Abortion in this nation is a legal health care seum days’’ with free access to all of the city tools are maximized in our efforts to protect procedure. I support a woman’s right to make museums, and will also sponsor a time cap- America and rebuild our standing in the world. her own health care decisions and the work of sule to be opened on the 400th anniversary of the city. H.R. 2410 provides robust authorization for health care providers to meet women’s health The 350th Commemorative Quilt, to be rebuilding civilian capacity by authorizing care needs. What America witnessed with Dr. Tiller’s death was a Taliban-like tactic to pre- known as a historical work of art, will be on 1,500 new Foreign Service Officers for the display. Additionally, city citizens will perform State Department and promotes training to en- vent abortions by murdering a doctor. It is terrorism and I urge the administration to extend in ‘‘Rose on the River,’’ a compilation of short sure our diplomats have the skills to confront protection to women’s clinics all across our plays written by local playwrights. Special mu- twenty-first century challenges. Additionally, country. sical performances will add to the festivities. the bill authorizes 700 new Foreign Service I support comprehensive sex education, evi- The National Association for the Advancement Officers for USAID, an important step to re- dence-based science, full access to family of Colored People (NAACP) will host a parade build the capacity of our development agency planning and reproductive health care for all and festival to commemorate both Norwich’s to provide appropriate, effective aid to coun- women, and counseling to ensure women of 350th and the NAACP’s 100th anniversaries. Madam Speaker, I am proud and pleased to tries and communities in need around the all ages have the best information to make honor the City of Norwich. Three hundred fifty world. good choices about when they decide to have children. This is how we reduce abortions. years after incorporation, from its colonial ori- Improving the livelihoods of vulnerable and This is how we empower individuals to prevent gins through its modern evolution, Norwich oppressed women around the world should be the need for abortions. represents the very best of Connecticut. I ask a key component of U.S. foreign policy, and I Safe, comprehensive reproductive and fam- my colleagues to join with me and my con- applaud the inclusion of the authorization of ily planning services should be accessible to stituents in honoring and celebrating Norwich’s the ‘‘Office of Women’s Issues’’ in the base all Americans and providers, because it is es- semiseptcentennial anniversary and welcome bill. Irrefutable research has shown that incor- sential for the health and well-being of women many more to come. porating the unique needs of women into de- and families. I will continue to work with Presi- f dent Obama in the 111th Congress to keep velopment policy is integral to ensure our aid INTRODUCTORY REMARKS FOR women’s health as a priority. THE AFRICAN AMERICAN BONE initiatives’ effectiveness; by coordinating and My condolences go out to Dr. Tiller’s family MARROW AWARENESS MONTH advising on gender integration and inter- and loved ones. I urge my colleagues to sup- national women’s empowerment, this office port this resolution and join me in condemning ACT will help to increase the efficiency of our for- the murder of Dr. Tiller. eign assistance. As evidenced by its opposi- f HON. CAROLYN C. KILPATRICK tion to this office’s authorization, the extreme OF MICHIGAN TO HONOR THE 350TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES anti-choice wing of the Republican party con- SARY OF THE INCORPORATION Thursday, June 11, 2009 tinues to put ideology over fact and science. OF THE CITY OF NORWICH, CON- Let me be clear: this bill in no way changes NECTICUT Ms. KILPATRICK of Michigan. Madam existing statutory prohibitions on abortion. A Speaker, as I rise today in support of the Afri- vote against this bill inhibits our government’s can American Bone Marrow Awareness Month HON. JOE COURTNEY Act, I am reminded of two things—the thou- ability to advance women’s empowerment ini- OF CONNECTICUT sands of lives that bone marrow donations tiatives aimed at stability, security, and equal- IN THE HOUSE OF REPRESENTATIVES save each year, and the distance we have to ity around the world. Thursday, June 11, 2009 travel to increase the participation of minori- I urge my colleagues to support this impor- Mr. COURTNEY. Madam Speaker, I rise ties, especially African Americans, in the Na- tant legislation. today to recognize the 350th anniversary of tional Marrow Donor Program. The African

∑ 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 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.001 E11JNPT1 tjames on PRODPC75 with REMARKS E1376 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2009 American Bone Marrow Awareness Month Act, INTRODUCING LEGISLATION TO hardworking small business owners scattered by urging all Americans to initiate, organize SUPPORT SMALL BUSINESSES IN along beautiful Lake Cumberland. and participate in programs to increase the SOUTHERN AND EASTERN KEN- f TUCKY collective consciousness of African Americans TRIBUTE TO LT COL KENNETH to become bone marrow donors. BOW, USAR RET Since the inception of the National Marrow HON. HAROLD ROGERS OF KENTUCKY Donor Program registry, over 24,000 people IN THE HOUSE OF REPRESENTATIVES HON. DAVE CAMP have received bone marrow transplants. Afri- Thursday, June 11, 2009 OF MICHIGAN can Americans make up only eight percent, or IN THE HOUSE OF REPRESENTATIVES Mr. ROGERS of Kentucky. Madam Speaker, 450,000 of the more than six million people Thursday, June 11, 2009 currently registered in the National Marrow today I rise with my colleague and fellow Ken- Donor Program. Worse, African Americans tuckian, Congressman ED WHITFIELD, to raise Mr. CAMP. Madam Speaker, I rise today to awareness about an important issue impacting have received a little more than four percent— pay tribute to LT COL Kenneth Bow, USAR a number of small businesses in our region of RET, in recognition of his 70th birthday this one out of every 24—of these transplants. the country. Saturday, June 13, 2009. While it is possible for an African American Scenic Lake Cumberland has been the hub Kenneth Bow retired from the U.S. Army patient to get a match for a bone marrow of economic development in our area of south- Reserves in 1993 with the rank of LT COL. He donor from any racial or ethnic group, the ern Kentucky for years. Some 4 million visitors joined the ROTC at Michigan State in 1958. most likely match for a transplant is from an- stop by every year to take advantage of the After graduation as an Electrical Engineer, he other African American. All it takes is a single lake’s many attractions—world class bass fish- began his active duty as a Second Lieutenant drop of blood to help determine a match. ing, relaxing atop a custom built houseboat, or at Aberdeen Proving Ground. Later, from 1963 Madam Speaker, this legislation will encour- boating with family and friends. These visitors to 1965, he was stationed in Stuttgart, Ger- pump over $70 million into our local economy, age all people, but particularly African Ameri- many. After being honorably discharged, he benefiting a wide array of businesses in the immediately joined the 578th Research and cans, to organize a bone marrow registration surrounding counties. However, with our na- Development Unit in the USAR in Midland, drive in their community. The collective work tion’s economy floundering and the Common- Michigan. under this legislation will promote donor wealth’s unemployment rate of nearly 10 per- On active-duty training assignments over his awareness and increase the number of African cent hovering above the national average, the army career, he served in many Mobilization Americans registered with the National Marrow houseboat and marina industries surrounding Designee positions, mainly in the Ft. Belvoir Donor Program throughout our nation. I urge Lake Cumberland are hemorrhaging—and so Research Development and Engineer Center. all Members of Congress to begin the need for too are our people whose livelihoods rely on His training projects were highly technical and awareness, importance and value of bone the lake as a lifeline. engineering-oriented, such as standardization marrow awareness, and urge its quick adop- While the overall economy is part of the of controls across an electrical generator fam- tion by Congress. problem, business conditions at Lake Cum- ily and related self diagnosis; and the impact berland have suffered an even greater share of chlorofluorocarbon, CFC, regulations on f in large part due to a long delayed and de- users. In addition, LT COL Bow co-chaired ferred federal rehabilitation and construction management of selected engineering and fi- MARKING THE 100TH BIRTHDAY OF project at Wolf Creek Dam. An unfortunate nancial teams assembled to conceptualize the MR. RUDOLF SMITH JUNE 12, 2009 consequence of construction at the dam has design of a state-of-the-art, $100 million auto- been the necessity to temporarily lower the mated logistical center/warehouse at Sharpe pool of the lake from the traditional level of Army Depot in California. HON. G. K. BUTTERFIELD 720 feet to 680 feet. This significant drawdown In his more than twenty-eight years serving has had a substantial adverse impact on the the USAR, LT COL Bow was highly decorated OF NORTH CAROLINA ten local concessionaries leasing marina with the following awards: Meritorious Service IN THE HOUSE OF REPRESENTATIVES space from the Corps of Engineers. Many ma- Medal, Army Commendation Medal, USAR rinas have had to incur tremendous expenses Achievement Medal with three Bronze Oak Thursday, June 11, 2009 to accommodate the lower pool, such as relo- Leaves, National Defense Service Medal, and cation and investments in additional infrastruc- Armed Forces Reserve Medal with Hour-Glass Mr. BUTTERFIELD. Madam Speaker, on ture, and these unanticipated expenses have Device. June 12, 2009 Nash County, North Carolina significantly disrupted their cash flow. The leg- In 1965, Kenneth Bow joined the Dow native and resident Mr. Rudolf Smith will be islation we’ve introduced today ensures that Chemical Company in Midland, Michigan, ris- celebrating his 100th birthday. To mark this the federal government fulfills its obligation to ing to the highest research professional rank milestone, family and friends will be gathering those concessionaries with which it has en- of Research Scientist at the time of his retire- for a party in his honor. tered into leasing agreements and provides ment in 2007. Mr. Smith was born on June 12, 1909, to some relief for these unforeseeable expenses On behalf of the Fourth Congressional Dis- sharecroppers, Mr. Willis Smith II and Mrs. that have the potential to set back the econ- trict of Michigan, I am honored today to recog- omy of an entire region. These measures in- Willie M. Smith on Joe Ellison’s farm near nize LT COL Kenneth Bow in celebration of clude suspending burdensome rental pay- his 70th birthday. I hope the year to come will Dortches in Nash County, North Carolina. He ments until it is safe to restore the lake level, bring him health, happiness, and special times was kept home from school after the fourth as well as reimbursing marina operators for with family and friends. Birthdays are a time to grade because he was needed to work the expenses directly tied to this continued draw- reminisce over good memories and make new crops. down. Finally, the bill makes whole the sur- ones. I hope that his is special. Working six and a half days a week, Mr. rounding communities that rely heavily on f Smith was barely tall enough to keep the plow these rental payments. PERSONAL EXPLANATION in the field when he started farming. The U.S. Army Corps of Engineers has been tasked and is hard at work with cor- Mr. Smith was married to Patty Alston in recting structural issues with the dam to shore HON. LYNN C. WOOLSEY 1933. Together, they had six children. up the dam for future generations to enjoy, OF CALIFORNIA Currently, he resides at Knight’s Family and Congress has diligently provided vital IN THE HOUSE OF REPRESENTATIVES funds for the continuation of this project. I Care Homes where he enjoys reminiscing Thursday, June 11, 2009 about his past, walking, and eating anything have no argument with this work or the fund- he wants. He lives a healthy and fulfilled life. ing. However, no relief has been made avail- Ms. WOOLSEY. Madam Speaker, on June able to those who have tied their livelihoods to 10, 2009, I was unavoidably detained and was Madam Speaker, I respectfully ask that you this lake and who, through no fault of their not able to record my vote for rollcall No. 317. and my other distinguished colleagues join me own, are enduring a government-induced Had I been present I would have voted: in wishing Mr. Smith a very happy 100th birth- hardship. The bill introduced today will correct Rollcall No. 317—‘‘yes’’—Providing for con- day. this and provide some measure of relief to the sideration of H.R. 1886, the Pakistan Enduring

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.004 E11JNPT1 tjames on PRODPC75 with REMARKS June 11, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1377 Assistance and Cooperation Enhancement series of events dedicated to the great service to this family and their incredible dedication to (PEACE) Act; and providing for consideration this business has bestowed upon Missouri’s both their business and their community. The of H.R. 2410, the Foreign Relations Authoriza- Fifth Congressional District. I am privileged to African-American community has long bene- tion Act, FYs 2010 and 2011. have been asked to partake in these celebra- fitted from figures such as Theron Watkins, f tions. Bruce Watkins, Sr., and the many other mem- The Watkins Brothers Memorial Chapel has bers of the Watkins family. Due to their INTRODUCTION OF THE been an influential and unwavering force since unyielding persistence, they helped change BREASTFEEDING PROMOTION ACT founders John ‘‘J.T.’’ and Theron ‘‘T.B.’’ Wat- the reality of African-Americans’ political power kins first opened the chapel’s doors in spring and influence. The Watkins family is one to re- HON. CAROLYN B. MALONEY of 1909. After John’s premature death, Theron vere and respect, and they truly are role mod- OF NEW YORK remained determined to carry on the business els that the Missouri Fifth Congressional Dis- IN THE HOUSE OF REPRESENTATIVES and the vision that he and his brother had trict is proud to call our own. worked so hard to make a reality. The Watkins Thursday, June 11, 2009 f Brothers Memorial Chapel has now seen five Mrs. MALONEY. Madam Speaker, today I generations of Watkins run the family busi- HONORING RICHARD E. MURRAY, am reintroducing an important piece of legisla- ness. The chapel is known throughout the FACHE, FOR HIS SERVICE AS tion, the Breastfeeding Promotion Act with my greater Kansas City metropolitan area for its THE PRESIDENT/CEO OF KEN- colleagues Mrs. CAPPS, Mr. OLVER, Mr. FRANK, excellent service and the high level of care NEDY MEMORIAL HEALTH SYS- Ms. ROYBAL-ALLARD, Mr. LEVIN, Mr. MEEKS, and concern it affords both the families and TEM Ms. KAPTUR, Mr. SNYDER, Ms. SCHWARTZ, and the individuals involved. Mr. MORAN. The Watkins family has been highly influen- HON. ROBERT E. ANDREWS Statistical surveys of families show that over tial in the arena of Kansas City politics. Since OF NEW JERSEY 50 percent of mothers with children less than the beginning, Theron was very involved in IN THE HOUSE OF REPRESENTATIVES one year of age are in the labor force. Where- neighborhood development; so much so that Thursday, June 11, 2009 as women with infants and toddlers are a rap- there is now an important housing project in idly growing segment of the labor force today, Kansas City named in his honor. From 1941 Mr. ANDREWS. Madam Speaker, I rise arrangements must be made to allow a moth- to 1948, Theron sat on the Housing Authority today to honor Mr. Richard E. Murray, er’s expressing of milk if mother and child Board of Commissioners. The story of Theron FACHE. He has played an integral role in New must separate. filling up one of his funeral cars with coal and Jersey’s First District through his administra- The American Academy of Pediatrics rec- delivering the coal to families in desperate tion of multiple health care systems. Mr. Mur- ommends that mothers breastfeed exclusively need during the peak of the Great Depression ray has demonstrated a history of compassion for six months but continuing for at least the signifies his deep commitment to those around throughout the community and for this he de- first year of a child’s life. Research studies him. His heightened awareness of the needs serves great praise. show that children who are not breastfed have of others led him to encourage his son, Bruce Mr. Murray has served as the President/ higher rates of mortality, meningitis, some Watkins, Sr., to pursue a career in service and Chief Executive Officer of Kennedy Memorial types of cancers, asthma and other respiratory politics. Health System since 1980. Kennedy Memorial illnesses, bacterial and viral infections, Bruce Watkins, Sr. spent most of his adult Health System consists of three acute-care diarrhoeal diseases, ear infections, allergies, life relentlessly pursuing the greater good hospitals, multiple outpatient clinics and var- and obesity. There have also been numerous through political service. He was one of the ious wellness programs. benefits to mothers shown, including improved co-founders of Freedom Incorporated, an Afri- Mr. Murray’s leadership has led to many ad- bone mineralization, an earlier return to pre- can-American political organization that vances within the Kennedy Memorial Health pregnancy weight, and decreased risk of cer- worked to increase their community’s influence System. Since 1998, Kennedy Memorial Hos- tain cancers. by generating votes for candidates they felt pital has opened a free-standing outpatient Di- Our bill will encourage and promote would best empower African-Americans. Bruce alysis Center, a Sleep Center, a 10-bed Ron- breastfeeding by removing common obstacles Watkins, Sr. was also one of the first two Afri- ald McDonald House Pediatric Unit, a Cancer to breastfeeding and expressing milk in the can-Americans elected in 1963 to serve on Center and Outpatient Medical Imaging Cen- workplace that many women face by: (1) Kansas City’s City Council. In 1979, he be- ter, an Emergency Department, a Center for amending the Civil Rights Act of 1964 to pro- came the first African-American councilperson Wound Healing, a Neonatal Intensive Care tect breastfeeding in the workplace, (2) pro- to run for mayor of Kansas City. Though he Unit, a 40-bed Progressive Care Unit, a 12- viding tax incentives for businesses that estab- lost, his progressive views of African-American bed Innovative Hospice Care Center, a Stroke lish private lactation areas in the workplace, leadership and political influence endured. His Program, a Maternity Center, a PET/CT Cen- (3) providing for a performance standard for legacy lives on in the form of Bruce Watkins ter, a Family Health Services Center, a Mater- breast pumps, (4) allowing breastfeeding Drive, a 10.2 mile long stretch of highway that nal-Fetal Medicine Unit, a Surgical Unit, and equipment to be tax deductible for families, connects the southern, suburban part of Kan- an Intensive Care Unit. and (5) protecting the privacy of breastfeeding sas City to its northern, urban counterpart. Aside from the structural upgrades, Mr. Mur- mothers. Throughout the years, the Watkins family ray has overseen multiple projects that have We urge all of our colleagues to support this has remained active in the Kansas City com- improved the quality of care within the Ken- important legislation. munity. Working alongside the CODA Jazz nedy Memorial Health System. These projects f Fund, the Watkins family provides financial as- include the creation of an ‘‘Invensivist Pro- sistance for dignified funeral services to jazz gram’’ to ensure the oversight of health care RECOGNIZING THE 100TH ANNIVER- musicians who have passed. Individual mem- providers and patient safety, the purchase of SARY OF WATKINS BROTHERS bers of the family are involved in organizations the high-tech DaVinci Robot for use in mini- MEMORIAL CHAPEL ranging from the Mutual Musicians Fund to the mally invasive surgical procedures, and the Boys and Girls Club. creation of programs for diabetes control and HON. EMANUEL CLEAVER The Watkins family has remained true to a smoke free environment at all facilities. OF MISSOURI their philosophy and goal ‘‘to serve humanity, Without the hard work and exceptional guid- IN THE HOUSE OF REPRESENTATIVES persons of all faiths, under all circumstances, ance provided by Mr. Murray, none of these with dignity, respect, and understanding, with things would have been possible. Thursday, June 11, 2009 attention to he needs and desires of each Mr. Murray has received multiple awards Mr. CLEAVER. Madam Speaker, I proudly family.’’ commemorating his service to the South Jer- rise today in recognition of the 100th anniver- Considering their tremendous contribution to sey community. In 2005, he received the New sary of Watkins Brothers Memorial Chapel, the Missouri’s Fifth Congressional District and sur- Jersey Hospital Association’s Distinguished oldest African-American owned business of rounding areas, it is an honor and a privilege Service Award, presented annually to an indi- Missouri’s Fifth Congressional District, which I to recognize the Watkins Brothers Memorial vidual with more than 15 years of service in am honored to represent. The Watkins Broth- Chapel and the Watkins family for their one health care who ‘‘consistently demonstrates ers Memorial Chapel will celebrate its centen- hundred years of excellent service to the Kan- strength, integrity, professionalism and a re- nial milestone beginning this weekend on Sat- sas City area. Madam Speaker, please join lentless commitment to a hospital or health urday, June 13th, when they will have the first me in celebrating and expressing our gratitude care system.’’ In 2006, he was honored by

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.008 E11JNPT1 tjames on PRODPC75 with REMARKS E1378 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2009 March of Dimes for his positive influence and IN RECOGNITION OF REVEREND Guild of America, East and West, the Inter- contribution to the community. In 2007, he DOUGLAS PAUL JONES OF WEL- national Brotherhood of Teamsters, the Inter- was honored with the New Jersey Institute for COME MISSIONARY BAPTIST national Brotherhood of Electrical Workers, the Nursing EPIC Award, which honors excep- CHURCH American Federation of Musicians, and the tional individuals for their contributions to New International Alliance of Theatrical Stage Em- Jersey communities and the advancement of HON. GARY C. PETERS ployees, which is the umbrella union for all health care for the profession of nursing. OF MICHIGAN unions which represent those workers behind IN THE HOUSE OF REPRESENTATIVES the camera—from costumers and make-up Madam Speaker, Mr. Murray’s service to Thursday, June 11, 2009 artists to art directors and animators. AMPTP New Jersey’s First Congressional District negotiates 80 industry-wide collective bar- should not go unrecognized. I want to person- Mr. PETERS. Madam Speaker, I rise to rec- gaining agreements, covering some 250,000 ally thank Dick Murray for the exceptional ognize Reverend Douglas Paul Jones, on the industry workers in the United States and guidance he has provided his staff, the com- occasion of his twentieth anniversary as Sen- Canada. munity service he has provided to members of ior Pastor of the Welcome Missionary Baptist Church in the City of Pontiac, Michigan. Since Nick joined the AMPTP when it was estab- the community, and the lives that he has June 18, 1989, when Pastor Jones was first lished in 1982 as its first president and has changed throughout New Jersey. I congratu- installed, he has been a tireless leader—both served in that capacity for the past 27 years. late Mr. Murray and wish him the best of luck within the church, and in the greater Pontiac During his tenure, he has successfully con- in the future. community. cluded 312 collective bargaining agreements Throughout Pastor Jones’ tenure at Wel- with the major entertainment industry guilds f come Missionary Baptist Church, he has and unions. Throughout the vast majority of grown the membership of the church by more Nick’s tenure, the motion picture and television TRIBUTE TO WINSTON SPENCER than three thousand members. As the Senior industry enjoyed unprecedented labor peace WATERS II Pastor of the church, he has touched count- and stability. In addition, the industry has less lives through developing well respected thrived with growth in employment and wages ministries and mentorship programs sup- and consistently improved working conditions HON. CAROLYN McCARTHY porting men, women, and young adults, as under Nick’s leadership. He has presided over OF NEW YORK well as those individuals struggling with drug dramatic changes in the motion picture indus- addiction, domestic violence and HIV/AIDS. try, from the growth of home entertainment to IN THE HOUSE OF REPRESENTATIVES Outside of the church, Pastor Jones is a new media, and he has led producers at the Thursday, June 11, 2009 member of various chambers of commerce, bargaining table through these momentous business associations and youth programs. Of transformations. Many in Hollywood say Nick Mrs. MCCARTHY of New York. Madam note, he founded the Greater Pontiac Commu- has had the hardest job in Hollywood—to Speaker, I rise today to recognize Winston nity Coalition with the mission to collectively maintain unity among the producers and face Spencer Waters II, a senior at Elmont Memo- exercise actions and advocacy to generate in- off with some of the most professional and rial High School. Winston was named a semi- dividual, social, and institutional change. His creative workers in any business. outreach sews the fabric of the religious, so- finalist in the Intel Science Talent Search He has been well-suited to the job. He cial, educational, business, and artistic com- Competition, becoming the first Elmont student learned about labor relations up close while munities together with the steadfastness of a to be named a semifinalist in the competition. person of faith and foresight of a true leader. working summers at a Colorado steel mill The Intel Science Talent Search is Amer- Pastor Jones, I congratulate you on this sig- where his father spent his career. An amateur ica’s most prestigious science research com- nificant anniversary. I salute your untiring com- boxer and high school star football player, he graduated from the University of Colorado with petition for high school seniors. Each year 300 mitment to Welcome Missionary Baptist a degree in electrical engineering and a record students are selected as semifinalists nation- Church and the greater City of Pontiac community. I am proud to call you not only a part- of accomplishment as half-back on the football wide. Winston’s project, ‘‘Separating the Roles team. Then he detoured to law school, grad- of HIF–1α and HIF–2α in Tumorigenesis ner in serving our community, but also a dear friend. I look forward to the next twenty years uating from Stanford University and made his through Downregulation of HIF–2α by RNA In- working with you and the congregation at Wel- home in Los Angeles. terference.’’ This project studied Von Hippel come Missionary Baptist Church. Nick’s accomplishments go beyond his role Lindau, or VHL, disease which is a form of f at the bargaining table. It is well known that kidney cancer. Winston was selected as a motion picture industry jobs come with good IN HONOR OF J. NICHOLAS semifinalist from over 1,000 students who en- benefits—health insurance and pensions. Nick COUNTER III UPON HIS RETIRE- tered projects into the competition. has played a critical role in ensuring those MENT AS PRESIDENT OF THE benefits are secure. He serves as a trustee on This is a remarkable achievement for Win- ALLIANCE OF MOTION PICTURE fourteen guild and union health and pension ston, for the Elmont Memorial High School & TELEVISION PRODUCERS and for the entire Elmont Community. Winston funds. He is also a trustee on the Motion Pic- has not only excelled in science, but has ture and Television Fund, a past president and HON. HOWARD L. BERMAN current member of the Board of Directors of worked hard to remain a well balanced stu- OF CALIFORNIA the International Foundation of Employee Ben- dent. As President of the senior class, mem- IN THE HOUSE OF REPRESENTATIVES efit Plans, and a past chair of the Entertain- ber of the Future Business Leaders of Amer- Thursday, June 11, 2009 ment Industry Foundation. And he has pro- ica and the Math, Science and National Honor vided his experience and wisdom to many na- Mr. BERMAN. Madam Speaker, I rise to Societies, he has certainly been able to ac- tional groups examining health care issues share some observations about the historic complish that goal. that face our nation. He has also engaged on career of J. Nicholas (‘‘Nick’’) Counter III upon safety and environmental issues that affect the As a Member of the Committee for Edu- his retirement from the Alliance of Motion Pic- industry. cation and Labor, I commend Winston and ture and Television Producers, ‘‘AMPTP’’. congratulate him for his dedication to his edu- AMPTP is the multi-employer bargaining agent After such a distinguished career, Nick has cation. I would like to wish him the best of luck for more than 350 production companies in earned his opportunity to live the next chapter. as he prepares to attend Harvard University in their collective bargaining negotiations with He will give up the all night bargaining ses- the fall, where he plans to study biomedical more than 20 labor organizations. The produc- sions for more time with his family—his wife, sciences and engineering as well as econom- tion companies include the major motion pic- Jackie; his son Nick IV; his daughter, ics or finance. ture studios and independent production com- Samantha, and her husband, Alex Kurtzman, panies. The labor organizations with whom and their son, Jack. As he embarks on this Madam Speaker, it is with pride and admira- AMPTP engages in collective bargaining in- well-deserved retirement, I ask my colleagues tion I offer my congratulations and best wishes clude the Directors Guild of America, the to join me in expressing our appreciation for to Winston Spencer Waters II and his entire Screen Actors Guild, the American Federation the work he has done and wishing him and his family. of Radio and Television Artists, the Writers family well.

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.011 E11JNPT1 tjames on PRODPC75 with REMARKS June 11, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1379 RECOGNIZING MIMI GARDNER fort to bring about a durable and peaceful so- A SPECIAL TRIBUTE TO ROGER GATES lution to the Tibet issue. Had I cast my vote, ANDERSON I would have voted ‘‘aye.’’ HON. JIM McDERMOTT On March 31, I inadvertently failed to cast a HON. ROBERT E. LATTA OF WASHINGTON recorded vote on rollcall vote 166, concerning OF OHIO IN THE HOUSE OF REPRESENTATIVES H. Res. 296, providing for the consideration of IN THE HOUSE OF REPRESENTATIVES Thursday, June 11, 2009 the Senate Amendments to H.R. 1388. Had I Thursday, June 11, 2009 Mr. MCDERMOTT. Madam Speaker, today, cast my vote, I would have voted ‘‘aye.’’ Mr. LATTA. Madam Speaker, it is with a I rise to offer special recognition of Mimi Gard- On May 7, I inadvertently failed to cast a re- great deal of pride that I rise to pay a very ner Gates on the occasion of her retirement corded vote on rollcall vote 238, concerning special tribute to an outstanding citizen in as the Illsley Ball Nordstrom Director of the H.R. 1728, the Mortgage Reform and Anti- Ohio’s Fifth Congressional District. Roger An- Seattle Art Museum. During her tenure, the predatory Lending Act. Had I cast my vote, I derson is an individual who is dedicated to Seattle Art Museum has become the premier would have voted ‘‘aye.’’ serving the public and has given much of his art museum in the Pacific Northwest, distin- time and expertise in helping community guished by its splendid exhibitions and its On May 12, I inadvertently failed to cast a groups achieve success. commitment to the arts communities of our re- recorded vote on rollcall vote 244, concerning Madam Speaker, there is no question that gion. Under Mrs. Gates’ leadership, the Se- H. Res. 413, supporting the goals and ideals our citizens are the foundation of our country. attle Art Museum has increased its endow- of ‘‘IEEE Engineering the Future’’ Day on May From the earliest day of our nation’s history, ment, its attendance, and its membership; it 13, 2009, and for other purposes. Had I cast the men and women of the United States have has diversified its board, staff, and audience; my vote, I would have voted ‘‘aye.’’ worked to create opportunities that would pro- created a conservation department and studio; On May 14, I inadvertently failed to cast a vide a better life for future generations. and added to its collections more than 6,500 recorded vote on rollcall vote 260, concerning Roger Anderson has contributed to our works of art from a wide variety of cultures. H.R. 2187, the amendment to the title of the community as a volunteer for various clubs And, thanks to Mimi Gates’ vision and tireless and committees, as an educator, an advocate 21st Century Green High-Performing Public effort, the Museum has created the Olympic for non-profit organizations, and a public serv- School Facilities Act. Had I cast my vote, I Sculpture Park, a nationally and internationally ant. Mr. Anderson served as a Bowling Green acclaimed outdoor display that brings an excit- would have voted ‘‘no.’’ City Councilman from 1976–1980 and was a ing new dimension to Seattle’s arts environ- member of Bowling Green’s Planning and ment. Seattle and the entire Pacific Northwest f Zoning, Public Lands, and Building Commit- region have benefited immeasurably from tees. IN RECOGNITION OF THE 10TH Mimi Gates’ talent and dedication to public art, Roger Anderson has also held a leadership ANNIVERSARY OF CAREER GEAR and I am privileged now to acknowledge her role in twelve different organizations including outstanding work and to thank her for her the Bowling Green Kiwanas Club, the Ohio many years of exceptional service. Council of Higher Education Retirees, the Mrs. Gates also has made considerable HON. JERROLD NADLER WSOS Community Action Commission, and contributions to the arts in the classroom, and OF NEW YORK most recently, the League of Women Voters, she has held leadership positions with several where he was elected the first ever male IN THE HOUSE OF REPRESENTATIVES arts organizations. She served on the staff of president. the Yale University Art Gallery, where she cur- Thursday, June 11, 2009 Madam Speaker, I ask my colleagues to join rently is a member of the Governing Board, me in paying special tribute to Roger Ander- and is a fellow of the Yale Corporation. A past Mr. NADLER of New York. Madam Speaker, son. Mr. Anderson’s selfless commitment and president of the Association of Art Museum Di- I rise today in recognition of Career Gear. In dedication to the betterment of his community rectors, she also chaired the Federal Indem- June of 2009, Career Gear is celebrating its have set an example for future generations to nity panel at The National Endowment for the 10th Anniversary by hosting its Capital PerSuit follow. On behalf of the people of the Fifth Arts, and served as a member of the Advisory Awards Dinner in New York, NY. District of Ohio, I am proud to recognize the Board of the Getty Leadership Institute. Mrs. Career Gear, a grassroots 501(c)(3) non- service of Roger Anderson. Gates is also an adjunct faculty member in the profit organization, was founded in New York f Department of Art at the University of Wash- ington, and she serves on the boards of direc- City in 1998 to promote the gainful employ- PERSONAL EXPLANATION tors of the Northwest African American Mu- ment and self-sufficiency of disadvantaged seum, the Greater Seattle YWCA, the Down- men who are actively seeking employment. HON. RUSH D. HOLT town Seattle Association, and Copper Canyon The organization began with the goal of pro- OF NEW JERSEY Press. viding appropriate business clothing for those IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Mimi Gates has been an seeking jobs and has grown to provide serv- Thursday, June 11, 2009 enormous asset to the Seattle arts and civic ices and resources that help clients retain em- communities. The people of Seattle, including ployment and advance in the workplace. Mr. HOLT. Madam Speaker, on Wednes- day, June 10, 2009 I was in a meeting and thousands of patrons, students, and profes- Once employed, a client is encouraged to missed the vote on the Kirk amendment to the sionals, are grateful for the guidance and lead- participate in an alumni program that is de- ership she has shown, and I join them in Foreign Relations Authorization Act, Fiscal signed to provide peer support and networking thanking Mrs. Gates for her service, and in Years 2010 and 2011. Had I been present I opportunities to others in need. This program wishing her the best in her future endeavors. would have voted ‘‘yes’’ on the Kirk Amend- affects other non-employment issues like f ment No. 19 to H.R. 2410 (Rollcall 326). budgeting and financial management, emo- f PERSONAL EXPLANATION tional coping skills, as well as family and child support. All of these matters impact an individ- ON THE FIFTIETH ANNIVERSARY HON. DENNIS MOORE ual’s ability to remain employed. OF AMERICAN HONDA MOTOR COMPANY OF KANSAS Over the past 10 years, Career Gear has IN THE HOUSE OF REPRESENTATIVES provided clients with assistance in starting a Thursday, June 11, 2009 new chapter of their lives. The success over HON. JANE HARMAN the past decade is evident by the fact that OF CALIFORNIA Mr. MOORE of Kansas. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES on March 11, 2009, I inadvertently failed to through the good work of Career Gear, 18,000 cast a recorded vote on rollcall vote 121, con- men have reentered the workforce with a re- Thursday, June 11, 2009 cerning H. Res. 226, recognizing the plight of newed sense of confidence and have become Ms. HARMAN. Madam Speaker, I rise today the Tibetan people on the 50th anniversary of self-sufficient members of their communities. It to recognize American Honda Motor Com- His Holiness the Dalai Lama being forced into is for this attitude of empowerment that I rise pany—whose North American headquarters is exile and calling for a sustained multilateral ef- today and commend Career Gear. located in my Congressional District—on the

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.015 E11JNPT1 tjames on PRODPC75 with REMARKS E1380 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2009 occasion of its 50th anniversary. Established chronic health problems or even sudden death cause harm to others. I applaud the National on June 11, 1959 in a small Los Angeles due to the rupture of blood vessels in major Center for Missing and Exploited Children storefront, a handful of Honda associates organs. whose efforts over the past twenty-five years began selling motorcycles. Fifty years later, Unfortunately, due to a widespread lack of have undoubtedly been at the forefront of American Honda has grown from a single of- knowledge of the disorder, approximately 90 keeping our children safer from abduction and fice into a company with significant invest- percent of Americans suffering from HHT cur- sexual exploitation. ments throughout the U.S. and is a leader in rently remain undiagnosed. These people are f fuel economy, safety and environmental tech- at risk of sudden death or becoming disabled. INTRODUCTION OF THE GOLF nology. However, tests exist for the early detection COURSE PRESERVATION AND In the midst of the of 1973 oil crisis, Honda and diagnosis of HHT and certain treatments MODERNIZATION ACT OF 2009 introduced the fuel-efficient Civic, marking its are available for those suffering from the dis- official entry into the U.S. market. Two years ease. It is estimated that between 20 and 40 later, it began market research and new model percent of deaths and disabilities resulting HON. ELEANOR HOLMES NORTON development activities in America, which today from HHT would have been preventable if the OF THE DISTRICT OF COLUMBIA encompass 13 facilities with the capability of condition had been diagnosed. IN THE HOUSE OF REPRESENTATIVES complete product creation. This resolution aims to reduce future HHT- Thursday, June 11, 2009 Fast forward to the 1990s, when Honda related deaths and disabilities. The HHT Foun- Ms. NORTON. Madam Speaker, today, I in- continued its environmental leadership through dation International’s designation of a ‘‘Na- troduce the Golf Course Preservation and investment in advanced internal combustion tional Hereditary Hemorrhagic Telangiectasia, Modernization Act to renovate and modernize engines and the introduction in 1999 of the HHT, Month’’ and other efforts to educate the the three National Park Service, NPS, golf first mass-produced hybrid vehicle in the U.S. public should increase public awareness of the courses in the District of Columbia. Several On Earth Day of this year, Honda launched disease, leading to more HHT testing and years of research, investigation and consulting the 2010 Insight, a price competitive and excit- fewer instances of undiagnosed HHT. Addi- on ways to improve these courses dem- ing new hybrid design. tionally, support for further research will im- onstrate this bill is necessary to turn around Starting with eight sales associates in 1959, prove outcomes, reduce costs, and increase the deterioration of these unique and valuable Honda today employs nearly 28,000 direct the quality of life for those living with HHT, federal assets. Langston Golf Course, Rock employees whose jobs include design, devel- while also searching for a cure for the dis- Creek Golf Course and East Potomac Golf opment, manufacturing, sales and service of order. Course are in desperate need of capital in- products ranging from automobiles, motor- This important bill will decrease the suffering vestment to maintain and preserve their his- cycles, ATVs, personal watercraft, outboard of families affected by this devastating dis- toric features and to reverse decades of dete- marine engines, power equipment and an ad- ease. It is my goal to improve the quality of rioration. vanced light jet. Honda’s flagship office in Tor- life of the approximately 70,000 Americans East Potomac Golf Course was built in 1920 rance, California employs almost 2,400 people suffering from HHT. I urge my colleagues to and included three courses that accommo- at its sprawling and energy efficient campus. support this resolution to make the public dated all levels of play, with an 18-hole tour- American Honda has 11 manufacturing aware of this national health problem. nament level course and two 9-hole practice plants in the U.S. with two more under con- f courses. East Potomac was initially seg- struction, 13 research and development facili- regated, with African Americans permitted to ties, and regional sales, parts, service and fi- RECOGNIZING THE 25TH ANNIVER- play only on Mondays. The course was deseg- nance offices across America. Honda buys SARY OF THE NATIONAL CEN- regated in 1941 by the Secretary of the Inte- parts and materials from 545 U.S. companies TER FOR MISSING AND EX- rior, Harold Ickes, following pressure from an in 34 states with annual purchases exceeding PLOITED CHILDREN African American women golfers club, the $17.5 billion in 2008. Wake Robin Golf Club. Rock Creek Golf More than just a carmaker, Honda prides HON. ALCEE L. HASTINGS Course opened in 1923 as a 9-hole golf itself on community stewardship. Its U.S. char- OF FLORIDA course and an additional nine holes were ity arm provided over $1.8 million in grants IN THE HOUSE OF REPRESENTATIVES added to make Rock Creek an 18-hole tour- nament level course in 1926. Langston Golf last year—including $75,000 for a local fire- Thursday, June 11, 2009 fighter program. Course opened in 1939 as a segregated golf I offer my hearty congratulations to Amer- Mr. HASTINGS of Florida. Madam Speaker, facility for African Americans and is listed in ican Honda, which has established a half cen- on June 9, 2009, the National Center for Miss- the National Register of Historic Places. tury of commitment to investing in this country, ing and Exploited Children celebrated its 25th Langston was the home course to the Royal innovation and strong environmental leader- anniversary. I stand here today to express my Golf Club and the Wake Robin Golf Club, the ship. May the next 50 years be just as produc- gratitude to an organization that continues to nation’s first clubs for African American men tive. help so many children all across this nation. and women golfers respectively. Langston was f In 1984, President Ronald Regan estab- named for John Mercer Langston, the first Af- lished the National Center for Missing and Ex- rican American Congressman from Virginia RESOLUTION SUPPORTING A ‘‘NA- ploited Children. Twenty-five years later, the elected in 1888. Originally a 9-hole course, TIONAL HEREDITARY HEMOR- center has a missing child recovery rate of 97 Langston’s expansion to an 18-hole course RHAGIC TELANGIECTASIA (HHT) percent. Within my own district, the organiza- began in 1955, but was not completed until MONTH’’ tion established The Adam Walsh Child Re- the mid 1980s. source Center, having collected fingerprint The courses were built and have been ad- HON. RICHARD E. NEAL data from over 50,000 children, providing help ministered by the NPS since the early 20th OF MASSACHUSETTS to victim parents, and creating victim preven- century for the enjoyment of the general pub- IN THE HOUSE OF REPRESENTATIVES tion programs for south Florida—all steps to- lic. However, despite their best efforts, NPS wards making Florida and American families has had a constant struggle to maintain the Thursday, June 11, 2009 safer. courses. None has been modernized and all Mr. NEAL of Massachusetts. Madam Speak- A price cannot be placed upon the safety of three courses have fallen into disrepair and er, I rise today to introduce a resolution that our children and it is essential that, as law- lack the amenities necessary to serve the pub- affects families across America. This resolu- makers, we continue to support those organi- lic today. As a result, they are underused con- tion expresses support for the designation of a zations who strive to great lengths to protect sidering their value to the public. ‘‘National Hereditary Hemorrhagic America’s youth. As a Member of Congress, it NPS was created by Congress to ‘‘. . . con- Telangiectasia, HHT, Month’’ as well as other is imperative that we do everything in our serve the scenery and the natural and histor- efforts to increase public awareness of the dis- power to ensure the safety and protection of ical objects and the wild life therein, and to ease. Hereditary Hemorrhagic Telangiectasia our children. provide for the enjoyment of the same in such (HHT) is complex genetic disorder of the blood Madam Speaker, as national security a manner and by such means as will leave vessels affecting approximately 70,000 Ameri- threats continue to grow, threatening our free- them unimpaired for the enjoyment of future cans. It is characterized by malformations that dom and livelihoods, we must recognize the generations.’’ (16 U.S.C. 1) However, NPS’s occur in major organs, including the lungs, domestic problems which threaten our society own backlog of repairs, its chronic funding lim- brain, and liver. If left untreated, it can lead to and always be vigilant of those who wish to itations, and the continuing use of concession

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.020 E11JNPT1 tjames on PRODPC75 with REMARKS June 11, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1381 contracts that are inappropriate for the unique use. This separates East Potomac, the only fi- sador to Bolivia from 1968–1969, and returned capital investment required for golf courses nancially viable golf course, from Langston to Tucson to specialize in international law. militate against appropriate maintenance, his- and Rock Creek, the two that need subsidy for His work abroad became a benefit for the toric preservation and the NPS mission ‘‘to their operations. The effect will leave Langston state of Arizona. He continued his commitment leave them unimpaired for the public enjoy- and Rock Creek worse off than they are to his country by becoming active in Arizona ment.’’ This bill will restore the original intent today. Now the contract for East Potomac is Democratic Party politics, and ultimately won a of Congress, consistent with this important expected to be put out this fall. spirited campaign for the governorship in NPS mission. This bill would require the new lease for 1974, becoming Arizona’s first Hispanic gov- The three courses together constitute an un- East Potomac to be set to expire on the same ernor. dervalued public asset that, if appropriately date as Langston and Rock Creek leases, Governor Castro wouldn’t complete his funded, could be renovated and modernized, binds the three courses into one contract and term, President Jimmy Carter selected him to facilitating affordable recreation, attracting sig- exempts these golf courses from concession represent the United States again and serve nificantly more golfers, and perhaps producing law. This approach applies another vehicle as Ambassador to Argentina, where he served new revenue for the United States Treasury. commonly used by the federal government to until 1980. Unlike other NPS facilities, golf courses re- allow for more creative solutions consistent Governor Castro returned to Arizona and quire unique and continuing significant capital with the NPS mission to preserve general pub- devoted more than two decades to practicing investment to keep them not only maintained lic access and preserve the historic qualities of law. He has recently retired to Nogales, AZ but operational. As a result for nearly 100 the courses. The single long-term ground where he remains involved in the community. years, the courses have had problems associ- lease for all three courses, designed outside Governor Castro’s story is one of inspiration ated with upkeep and insufficient capital in- of the constraints of concession law, provided for young and old alike. He has shown all as- vestment. Without a ready source for capital by this bill would encourage private investment pects of the American Dream, to work hard, investment, apart from appropriations, NPS in these courses, improve the quality of the care about your community and success will has continuously struggled to manage and courses, ensure affordable play, and preserve follow. Arizona and this nation have been maintain each of these courses since their in- their historic nature. blessed by his commitment to democracy and ception. There is no prospect that the nec- I urge my colleagues to support this legisla- justice. essary federal funds for capital investment and tion. Madam Speaker, I rise to honor Governor improvement of golf will be available today or Castro and thank him for being a role model f in the future. Moreover, the current fee to play for so many of us. ´ at the golf courses, as established in the con- TRIBUTE TO RAUL H. CASTRO f cessions contract process, must remain affordable and cannot generate sufficient revenue ´ PERSONAL EXPLANATION for NPS or the concessioners to keep the HON. RAUL M. GRIJALVA courses properly maintained, or to make the OF ARIZONA HON. MAZIE K. HIRONO IN THE HOUSE OF REPRESENTATIVES capital investment required for a golf course OF HAWAII today. In fact, NPS owes millions of dollars to Thursday, June 11, 2009 IN THE HOUSE OF REPRESENTATIVES the concessioner of the golf courses for necessary improvements. Mr. GRIJALVA. Madam Speaker, I rise Thursday, June 11, 2009 General Services Administration land and today to recognize Rau´l H. Castro, Arizona’s Ms. HIRONO. Madam Speaker, on rollcall real estate professionals and other experts ad- first Hispanic Governor, who has devoted his No. 334, had I been present, I would have vise that the best option consistent with fed- life to ensuring democracy for all. voted ‘‘yes.’’ To review the lifelong commitments of Gov- eral law and practices is to create a long-term f ground lease that bundles all three of the ernor Castro is to describe the epitome of the courses into a single contract and then to re- American Dream. HONORING THE LIFE OF G.A. quest proposals that allow for response with Born in Mexico, he immigrated to a commu- GINDICK ideas and alternatives for modernization and nity near Douglas, AZ in his teenage years. maintenance consistent with anticipated use The son of a copper miner and a midwife, he HON. DEVIN NUNES overcame great poverty and adversity as a and affordability. This bill requires that historic OF CALIFORNIA young adult. He was always committed to his features of the courses be preserved and that IN THE HOUSE OF REPRESENTATIVES two of the three courses remain affordable to family and the need to do something great the general public. with his life. In high school he was a stellar Thursday, June 11, 2009 The confines of federal concession law in- athlete and student, which taught him dis- Mr. NUNES. Madam Speaker, I rise today hibited NPS and the concessioner from mak- cipline and earned him an athletic scholarship to celebrate the life of G.A. Gindick—an inspi- ing improvements to the courses because for college. In college, he was an undefeated rational community leader and philanthropist Federal concession laws are incompatible with boxer, winning mostly by knockout and earn- who touched the lives of all who knew her. golf course operations. Historically, the con- ing the name the ‘‘Douglas Destroyer.’’ Madam Speaker, I had the honor of rep- strictions of NPS concessions law have been Governor Castro worked diligently through resenting Mrs. Gindick in Congress. I wit- a direct cause of disrepair and capital dis- school, completing his first degree in higher nessed her impact on the community of investment, reducing the quality of play and education in 1939, the same year he became Visalia first-hand. She and her late husband jeopardizing the historic preservation of the a United States citizen. He worked for the Frank were instrumental in starting the Visalia courses. However, the NPS joined two of the U.S. State Department as a Foreign Service Boys and Girls Club—an organization that has three golf courses together for the next seven officer in Agua Prieta, Sonora for a period of touched the lives of both the young and young years under a proposed concession contract time, then applied and was accepted at the at heart. She was a true booster—a financial that was issued on October 23, 2007. The University of Arizona, where he earned his supporter and active volunteer. contract requires only that the next conces- Juris Doctor degree. Mrs. Gindick’s dedication to Visalia was full- sioner be able to perform routine repair and He then practiced law in Tucson, AZ, be- time. She was a powerful advocate for local maintenance consistent with NPS practice and came deputy Pima County Attorney and was art and cultural institutions and was constantly the limits imposed by concession law. The elected Pima County Superior Court Judge. In engaged in the defense of Visalia’s heritage contract does not and could not impose any his six years on the Superior Court bench, he and quality of life. requirement that capital improvements be gained a reputation of being fair and grew fur- She was a tenacious woman; a woman it made to the courses, usually guaranteeing ther respected in the community for his work was hard to say no to; a woman who under- that these courses will stay in the same poor and commitment to justice. stood what community meant, and always condition until 2015. East Potomac was ex- It wouldn’t take long for the country to notice strove to help those in need. cluded from the proposed concession contract the young judge from Pima County. President Madam Speaker, Mrs. Gindick will be sorely because its concession contract expires next Lyndon Johnson appointed Rau´l as U.S. Am- missed. But because of her enormous heart year, not for any reason associated with main- bassador to El Salvador in 1964, where he and lifelong commitment to others, she will not taining and improving the courses for public served until 1968. He then served as Ambas- be forgotten.

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JN8.023 E11JNPT1 tjames on PRODPC75 with REMARKS E1382 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2009 A SPECIAL TRIBUTE TO ing regional powers, and seeking new ave- genocide, crimes against humanity, and war EASTWOOD HIGH SCHOOL BOYS nues of engagement. While this may seem crimes and asked ICC judges to issue an ar- TRACK AND FIELD TEAM like a herculean task, I have confidence that rest warrant for President Bashir. On March 4, these goals can be successfully accomplished 2009, the ICC Pre-Trial Chamber issued a HON. ROBERT E. LATTA with the passing of this legislation. warrant of arrest for President Bashir. On H.R. 2410 is a wide encompassing bill that March 4, 2009, the ICC Pre-Trial Chamber OF OHIO will set the tone on how we engage other na- issued a warrant of arrest for President Bashir IN THE HOUSE OF REPRESENTATIVES tions and strengthen the use of diplomacy as for war crimes and crimes against humanity. Thursday, June 11, 2009 a tool to interact with other countries around It is important that against this backdrop that Mr. LATTA. Madam Speaker, it is with a the world. This legislation will give President the U.S. reaffirms that genocide is still occur- great deal of pride that I rise to pay a very Obama and Secretary Clinton the non-military ring in Darfur, displaced individuals should be special tribute to an outstanding high school support they need to engage other nations resettled in their homeland, and the perpetra- track and field team in Ohio’s Fifth Congres- and change the view of America in the world. tors of war crimes should be prosecuted. This legislation is intended to shore up U.S. sional District. The young men of Eastwood President Obama has stated that defense, di- diplomacy and development efforts. Defense, High School’s Track and Field team have rep- plomacy and development are the three keys to strengthening our national security. In re- diplomacy, and development are the three pil- resented their school and families ably on their lars of our national security. In recent years, way to achieving their first ever State Track cent years, diplomacy and development have been short-changed. Capacity must be rebuilt diplomacy and development have been short- and Field Championship. changed. Capacity must be rebuilt in these In their effort to surpass all other teams in in these critical areas. In addition, I appreciate my Sense of Con- critical areas. the Division II State Track and Field Cham- The legislation authorizes hiring 1500 addi- gress language being included in Section pionship, the Eastwood Eagles overcame the tional Foreign Service Officers over the next 1127, entitled Sense of Congress Sudan, that challenges posed by injuries and intense com- two years and contains provisions on recruit- the United States should support efforts to find petition. ment and training of officers to improve the a stable and lasting peace in Sudan in the In their bid for the State Title, the Eastwood Foreign Service’s ability to respond to modern High Boys Team produced 4 All-Ohio perform- wake of devastating conflict that led to major challenges. It requires the State Department to ances from individuals on the team. In winning humanitarian disaster in Darfur and through conduct a quadrennial review of its policies the Ohio State Division II Track and Field the Sudan. This conflict caused the deaths of and programs that defines objectives, budget Championship, the members of this very spe- hundreds of thousands and continues to requirements and how these programs fit into cial team have shown that their sport requires cause violence in Darfur and throughout the President’s national security strategy. an individual effort for a team result. As a di- Sudan. The language further provides that to Among other significant measures in the bill rect consequence of their hard work and dedi- achieve peace in Darfur, all parties must are provisions that: cation on and off the track, both their efforts agree to uphold the Comprehensive Peace Ensure that the United States will meet its and their results were outstanding. Agreement (CPA). The language provides that financial commitments to the United Nations Madam Speaker, I ask my colleagues to join the United States should support efforts to (U.N.) and other international organizations; me in paying special tribute to the Eastwood prepare for the national elections and for the Allow financing the refurbishment of heli- High School Boys Track Team. Our commu- referendum. It further provides that the United copters for U.N. peacekeeping missions in nities are well served by the type of effort and States should support efforts to develop inter- Darfur, the Republic of Congo and Chad; perseverance demonstrated by these young national strategy to support the rebuilding of Establish the Senator Paul Simon Study men. On behalf of the people of the Fifth Dis- Sudan, with a particular focus on key CPA Abroad Foundation as a new executive branch trict of Ohio, I am proud to recognize this benchmarks including transitional justice, ac- corporation to expand dramatically the number great achievement. tions addressing the perpetrators of war and economic diversity of U.S. students study- ing overseas; f crimes, policies towards, the return of displaced Darfuris and other people to their End the long-standing practice of excluding FOREIGN RELATIONS AUTHORIZA- homeland, and management of the armed the committed partners of Foreign Service offi- TION ACT, FISCAL YEARS 2010 forces, and that U.S. policy toward Darfur cers from the benefits routinely provided to the AND 2011 should be fully integrated with U.S. policy to- spouses and children of officers serving ward the CPA as a full and lasting resolution abroad; Support the Administration’s plan to double SPEECH OF to the Darfur crisis hinges on the resolution of the size of the Peace Corps, and authorize a a common set of national problems. We must HON. SHEILA JACKSON-LEE plan to use short-term volunteers to respond insure the solution to the continued genocide OF TEXAS to humanitarian and development needs in Sudan. IN THE HOUSE OF REPRESENTATIVES worldwide; To understand the importance of my Sense Broaden the Merida anti-drug trafficking ini- Wednesday, June 10, 2009 of Congress language, it is important to ad- tiative to include the Caribbean, and improve The House in Committee of this Whole dress the history of Sudan. The crisis in Darfur monitoring and evaluation of Merida programs; House on the State of the Union had under began in February 2003, when two rebel and consideration of the bill (H.R. 2410) to au- groups emerged to challenge the National Increase resources and training for enforce- thorize appropriations for the Department of Congress Party (NCP) government in Darfur. ment of intellectual property rights, especially State and the Peace Corps for fiscal years The crisis in Darfur in western Sudan has led in countries identified by the U.S. government 2010 and 2011, to modernize the Foreign Serv- to a major humanitarian disaster, with an esti- ice, and for other purposes: as lax in enforcing those rights. mated 2.45 million people displaced, more I have also worked tirelessly on incor- Ms. JACKSON-LEE of Texas. Mr. Chair, than 240,000 people forced into neighboring porating my bill on Statelessness in its entirety thank you, Madam Speaker and thank you Chad, and an estimated 450,000 people killed. in Section 1104, entitled ‘‘Statelessness.’’ The Chairman BERMAN for your efforts on H.R. In July 2004, the House and Senate de- purpose of this section is to increase global 2410, Foreign Relations Authorization Act, Fis- clared the atrocities in Darfur genocide and on stability and security for the United States and cal Years 2010 and 2011.’’ The Committee May 4, 2006, the Government of National the international community and decrease traf- has once again produced legislation that will Unity and the Sudan Liberation Movement/ ficking and discrimination by reducing the help America engage its neighbors and pro- Army signed the Darfur Peace Agreement number of individuals who are de jure or de mote national security. after almost two years of negotiation. In July facto stateless. As a consequence of their The primary objective of this legislation is to 2007, the U.N. Security Council passed Reso- statelessness, individuals are unable to claim rebuild the capacity of the Department of State lution 1769, authorizing the deployment of a right to a nationality and its respective rights to fulfill its core diplomatic mission in fulfilling robust peacekeeping force in Darfur. The res- and obligations, and instead they are excluded U.S. national security goals. In a recent hear- olution authorized the United Nations African from full participation in civil society. The ing Secretary Clinton stated that the priorities Union force in Darfur to take all necessary framework of this language establishes that of the State Department and other inter- measures to protect its personnel and humani- the right to a nationality is a foundation of national organizations are clear. Their focus is tarian workers. human rights, and a deterrent to displacement, to deploying the tools of diplomacy and devel- In July 2008, International Criminal Court since the State is the primary vehicle through opment along with military power. We are se- (ICC) Chief Prosecutor Luis Moreno-Ocampo which people are guaranteed their inalienable curing historic alliances, working with emerg- accused President Omar Bashir of Sudan of rights, and are made subject to the rule of law.

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.027 E11JNPT1 tjames on PRODPC75 with REMARKS June 11, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1383 Additionally, this language ensures that it participated in a mission trip to New Orleans women. She also testified before Congress shall be the policy of the United States that to assist in clean up efforts. Nicole is much that she believes that reproductive rights in- the President and the permanent U.S. Rep- more than an honor student and role model, clude abortion. I find it troubling that Secretary resentative to the United Nations work with the she is an asset to the community in which she Clinton is forcing a pro abortion agenda on international community to increase political lives and the high school she attends. foreign nations, including countries with pro and financial support for the work of the Madam Speaker, I proudly ask you to join life laws. This pro abortion agenda by the United Nations High Commissioner for Refu- me in recognizing Nicole Molumby. She has State Department contradicts President gees (UNHCR) to prevent and resolve prob- made an amazing impact on countless individ- Obama’s statements that he wants to work to- lems related to statelessness, and to promote uals in and beyond the St. Joseph Commu- ward reducing the number of abortions that the rights of the stateless by taking the fol- nity. I am honored to represent her in the are performed. lowing specific actions. The language urges United States Congress. I applaud Congressman CHRIS SMITH for of- U.N. and U.N. Country teams in countries with f fering an amendment that would have explic- significant stateless populations to devote in- itly prohibited this Office from participating in creasing attention and resources to bring BJ OFFICE PRODUCTS abortion activity. His amendment would have about registration and documentation of all also promoted maternal health, women’s em- residents. The language advocates for the cre- HON. SAM GRAVES powerment, and educational opportunities for ation of an Inter-Agency Task Force on State- OF MISSOURI women. While I supported his amendment, un- lessness with UNHCR and UNICEF. With re- IN THE HOUSE OF REPRESENTATIVES fortunately it was rejected. If we establish this spect to improving conditions for Women and office, we should set guidelines that promote children, Section 1104 urges the U.N. to de- Thursday, June 11, 2009 a culture of life, not a culture of abortion. vote special attention to restore secured citi- Mr. GRAVES. Madam Speaker, I proudly Secretary Clinton clearly expressed that she zenship to trafficked women and girls, and to pause to recognize BJ Office Products of intends to promote and provide abortion work with Member States to guarantee that Saint Joseph, Missouri. This business has through the Office of Global Women’s Issues national legislation gives women full and equal been chosen to receive the YWCA Women of when she said: ‘‘We happen to think that fam- rights regarding citizenship, and addressing Excellence Award for Employer of Excellence. ily planning is an important part of women’s the needs and rights of stateless children. Fi- In the 1979’s, Barbara Burns worked for a health and reproductive health includes ac- nally, this important language urges UNICEF small office supply company. She soon bor- cess to abortion . . .’’ and also that ‘‘we are to increase its efforts to encourage all U.N. rowed enough to buy the company and build now an administration that will protect the Member States to permit full and easy access it into BJ Office Products, which 30 years later rights of women, including their rights to repro- to birth registration for all children born in their remains a fixture in the St. Joseph business ductive health care.’’ territories, and promotes the issuance of birth community. She most recently won the Amer- Unborn lives are the most defenseless lives, certificates to all children born to refugees and ican Business Women’s Business Woman of and it is our job to stand up and protect them. displaced persons. the Year Award. As an employer, she is com- Under no circumstances should Americans be In conclusion, emerging challenges that will passionate to daily life struggles in her em- forced to fund abortions, either domestically or define our century such as climate change, ployees’ families. She is a member of the abroad. weak states, rogue regimes, criminal cartels, Eastside Rotary Club and the St. Joseph f nuclear proliferation, terrorism, poverty, and Chamber of Commerce. Barbara started her disease all must be addressed in order to pro- business by taking a huge gamble and has BARBARA SPRONG tect our national security. America must work worked tirelessly to keep her business running with our neighbors around the world to ad- while always making time for her family and HON. SAM GRAVES dress these challenges and in doing so, it is her community. OF MISSOURI our responsibility as Members of Congress to Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES make sure organizations that are dealing with me in recognizing BJ Office Products. They Thursday, June 11, 2009 these issues get the resources they need to are a tremendous asset to the St. Joseph do their jobs safely and effectively. Community. I am honored to represent this Mr. GRAVES. Madam Speaker, I proudly pause to recognize Barbara Sprong of Saint f business in the United States Congress. Joseph, Missouri. Barbara is active in the NICOLE MOLUMBY f community and she has been chosen to re- FOREIGN RELATIONS AUTHORIZA- ceive the YWCA Women of Excellence Life- HON. SAM GRAVES TION ACT, FISCAL YEARS 2010 time Achievement Award: Woman in Vol- OF MISSOURI AND 2011 unteerism. IN THE HOUSE OF REPRESENTATIVES After graduating from Central High School, SPEECH OF Barbara received a degree in elementary edu- Thursday, June 11, 2009 cation from Northwest Missouri State Univer- Mr. GRAVES. Madam Speaker, I proudly HON. STEVE SCALISE sity. She then moved to Independence, volun- pause to recognize Nicole Molumby of Saint OF LOUISIANA teering as a docent to the Harry Truman Li- Joseph, Missouri. Nicole is active in the com- IN THE HOUSE OF REPRESENTATIVES brary, and to the Nelson Atkins Museum of munity through her school and has been cho- Wednesday, June 10, 2009 Art, and becoming a member of the Junior sen to receive the YWCA Women of Excel- The House in Committee of the Whole Service League of Independence, the Univer- lence Future Leader Award. House on the State of the Union had under sity of Kansas City Ambassadors, and the Nicole Molumby possesses a 4.0 GPA on a consideration the bill (H.R. 2410) to authorize American Association of University Women. 4.0 scale and is ranked #1 in a class of 364 appropriations for the Department of State Upon returning to Saint Joseph, Barbara students while volunteering more than 300 and the Peace Corps for fiscal years 2010 and worked with Heartland Regional Medical Cen- hours to the community during her high school 2011, to modernize the Foreign Service, and ter to develop its first volunteer program, and career. Nicole has lettered three times, been a for other purposes: later joined the Board of Directors of Heartland member of the All-District Choir and has been Mr. SCALISE. Mr. Chair, last night, the Health, and the Heartland Foundation Board. involved in Show Choir for three years. She is House of Representatives passed the Foreign She has served on the Family Guidance Cen- a member of the Spanish and Forum clubs. Relations Authorization Act. Unfortunately, this ter of Behavioral Health Care Board of Direc- Nicole was inducted into the International bill opens a door that will jeopardize one of tors and the Community Living Services Thespian Society and the National Honor So- the fundamental principles that our country Board. ciety and participated in the People to People was founded upon: the right to life. Barbara helped develop the Missouri West- Student Ambassador Program touring Italy I am disturbed that the liberals in Congress ern Ambassadors program, and later served and Greece. She has been a Freshman Men- want to allow taxpayer dollars to be spent on on the University’s Board of Regents. She tor for two years. Nicole has volunteered for the promotion of abortion in foreign countries served as director of the Profit in Education America’s Second Harvest Backpack Buddies through the creation of the ‘‘Office of Global program, and as a member of the Saint Jo- program and the United Cerebral Palsy pre- Women’s Issues.’’ Secretary Clinton has ac- seph School District Foundation Board of Di- school. She is active in her church’s youth knowledged that this office will be used as a rectors. She has also supported the United group and choir. After Hurricane Katrina, she means to promote reproductive rights of Way, having served on its Board of Directors,

VerDate Nov 24 2008 04:21 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JN8.030 E11JNPT1 tjames on PRODPC75 with REMARKS E1384 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 2009 the Albrecht Kemper Museum of Art, the PEO, ing for military aid that could inflame tensions High School. She graduated from Missouri and is a member of the Wyatt Park Baptist with India. It is vital that our assistance dem- State University in 2002 and received a Mas- Church. onstrates that we support the people of Paki- ter of Public Administration from American Madam Speaker, I proudly ask you to join stan and contributes to stability and the rule of University in Washington, D.C. in 2005. While me in recognizing Barbara Sprong. She has law—this will be a help to all the people of the in graduate school, Jodi worked for a U.S. made an amazing impact on countless individ- region. Congressman as a Legislative Correspondent uals in the St. Joseph community. I am hon- I encourage the continued progress of H.R. and later as Director of Research and Firm ored to represent her in the United States 1886 through the remainder of the legislative Administrator for U.S. Strategies Corporation. Congress. process, and I regret losing the opportunity to Upon returning to St. Joseph, Jodi has f demonstrate my support for the measure with worked with the Community Action Partnership my vote in the House. as a Community Development Specialist and BECKY SHELLITO f with the United Way of Greater St. Joseph as Director of Community Investment. Jodi has HON. SAM GRAVES JULIA RUPP lent considerable time and talent to several OF MISSOURI projects bringing education and career oppor- IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES tunities to students in our community. She has Thursday, June 11, 2009 OF MISSOURI served with the Heartland Foundation’s IN THE HOUSE OF REPRESENTATIVES Healthy Communities Investor Council, the St. Mr. GRAVES. Madam Speaker, I proudly Thursday, June 11, 2009 Joseph Employment Coalition. She has served pause to recognize Becky Shellito of Saint Jo- on the Preschool-20 Education Council-North- seph, Missouri. Becky is active in the commu- Mr. GRAVES. Madam Speaker, I proudly west Missouri, and the My Success Event nity through her work and has been chosen to pause to recognize Julia Rupp of Saint Jo- Steering Committee. Jodi is a member of the receive the YWCA Women of Excellence seph, Missouri. Julia is active in the commu- 2009 class of Leadership St. Joseph and is a Award for Woman in Support Services. nity through work and in her spare time and member of Rotary Club #32 Downtown St. Jo- Becky Shellito married after attending Mis- she has been chosen to receive the YWCA seph. souri Western State University; nevertheless, Women of Excellence Lifetime Achievement Madam Speaker, I proudly ask you to join this high school valedictorian lived up to the Award: Woman in the Workplace. me in recognizing Jodi Bloemker. She has expectations of that designation in her life. Julia Rupp has devoted much of her life to- made an amazing impact on countless individ- While raising two young daughters, she was ward bettering the St. Joseph community. Fol- uals in the St. Joseph Community. I am hon- active in the Parent Teacher Association and lowing her marriage to John Rupp, the two ored to represent her in the United States was elected as president of that organization. started Rupp Funeral Home in 1939. Julia was Congress. She went to work part-time for the Grace instrumental in the formation of the South Side f Evangelical Church while her youngest daugh- Fall Festival and was the First Grand Marshall ter was in middle school and today serves as of the event, which has grown each year since TRANSPORTATION SECURITY AD- Office Manager, handling all administrative its beginning in 1989. Julia is a charter mem- MINISTRATION AUTHORIZATION functions for a staff of six pastors, four secre- ber, past president, and treasurer of the South ACT taries and two custodians. Becky is a great Side Business Woman’s Association. For 21 coach and strong administrator. She has as- years, she has been a member of the South SPEECH OF sisted families who have faced tragedy, know- St. Joseph Progressive Association, which HON. RUSH D. HOLT ing all too well the challenges faced by fami- seeks funding for projects to better St. Joseph. OF NEW JERSEY lies who have lost loved ones. Seventeen Julia served as a member of the InterServ IN THE HOUSE OF REPRESENTATIVES years ago, Becky and her family lost their two Community Housing Board, and gave leader- daughters in a tragic automobile accident. It is ship in the development of King Hill Apart- Thursday, June 4, 2009 not simply her testimony, but her life that ments, the first senior housing in South St. Jo- The House in Committee of the Whole brings hope to individuals who face the most seph. House on the State of the Union had under difficult circumstances. Her leadership and She is a past member of the Board of Re- consideration of the bill (H.R. 2200) to au- professionalism are shadowed only by her gents of Missouri Western State University, a thorize the Transportation Security Admin- strong resolve and perseverance. member of the Missouri Funeral Directors and istration’s programs relating to the provi- Madam Speaker, I proudly ask you to join Embalmers Association, and the National Fu- sion of transportation security, and for other me in recognizing Becky Shellito. She has neral Directors Association. Julia is also a purposes: made an amazing impact on countless individ- member of the St. James Catholic Church. Mr. HOLT. Mr. Chair, there are many worthy uals in the St. Joseph community. I am hon- She is active in the Altar Society and is a and needed provisions in this legislation. It au- ored to represent her in the United States member of the Daughters of Isabella. At the thorizes a tripling of surface transportation se- Congress. Fourth annual Winter Splendor, hosted by curity funding, to $15.6 billion. It requires the f Catholic Charities, she was honored for her Transportation Security Administration to field work in the business community. at least 100 canine teams, which are abso- PERSONAL EXPLANATION Madam Speaker, I proudly ask you to join lutely critical to our bomb detection efforts. me in recognizing Julia Rupp. She has made The bill creates a $10 million grant program HON. JIM McDERMOTT an amazing impact on countless individuals in for improving security measures at general OF WASHINGTON the St. Joseph Community. I am honored to aviation airports. These and many other provi- IN THE HOUSE OF REPRESENTATIVES represent her in the United States Congress. sions in the bill are laudable. f Unfortunately, the bill includes a provision Thursday, June 11, 2009 that would allow TSA at least two more years Mr. MCDERMOTT. Madam Speaker, I would JODI BLOEMKER to achieve the congressionally-mandated goal like to state for the record that I inadvertently of screening 100 percent of air cargo on pas- voted against a bill which I had cosponsored HON. SAM GRAVES senger jets. Mr. Chair, we can’t keep kicking and intended to support. OF MISSOURI this can down the road. The traveling public H.R. 1886, the Pakistan Enduring Assist- IN THE HOUSE OF REPRESENTATIVES has been demanding for years that we close ance and Cooperation Enhancement Act, pro- this major airline security gap. We said we vides for a new framework for U.S. assistance Thursday, June 11, 2009 would fulfill all the recommendations of the to Pakistan in a relationship characterized by Mr. GRAVES. Madam Speaker, I proudly 9/11 Commission. We haven’t. commitment. It is especially urgent that the pause to recognize Jodi Bloemker of Missouri. If we give TSA two more years, two years United States and Pakistan pull together dur- Jodi is active in the community through her from now TSA will say ‘‘We need more time.’’ ing these critical times in Pakistan. As co- work and has been chosen to receive the Congress has supplied the money to achieve Chair of the India Caucus, I was pleased to YWCA Women of Excellence Emerging Lead- this goal. What we need from TSA is results- see provisions that would focus American as- er Award. oriented leadership to get the job done. The sistance to Pakistan on the threats it faces Jodi Bloemker has accomplished much in best way to finish this job is to keep the exist- from various terrorist groups, instead of allow- the ten years since graduating from Central ing deadline in place, which is why I could not

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HIGHLIGHTS Senate passed H.R. 1256, Family Smoking Prevention and Tobacco Con- trol Act. Senate ers of all Nations to speak out against the manifesta- Chamber Action tions of anti-Semitism, bigotry, and hatred. Routine Proceedings, pages S6481–S6572 Pages S6570–71 Measures Introduced: Twenty-four bills and three Measures Considered: resolutions were introduced, as follows: S. Travel Promotion Act—Cloture Agreement: Sen- 1234–1257, S. Res. 183–184, and S. Con. Res. 26. ate began consideration of the motion to proceed to Pages S6542–43 consideration of S. 1023, to establish a non-profit Measures Reported: corporation to communicate United States entry H.R. 813, to designate the Federal building and policies and otherwise promote leisure, business, and United States courthouse located at 306 East Main scholarly travel to the United States. Pages S6526–28 Street in Elizabeth City, North Carolina, as the ‘‘J. A motion was entered to close further debate on Herbert W. Small Federal Building and United the motion to proceed to consideration of the bill, States Courthouse’’. and, in accordance with the provisions of rule XXII H.R. 837, to designate the Federal building lo- of the Standing Rules of the Senate, and pursuant to cated at 799 United Nations Plaza in New York, the unanimous-consent agreement of Thursday, June New York, as the ‘‘Ronald H. Brown United States 11, 2009, a vote on cloture will occur on Tuesday, Mission to the United Nations Building’’. June 16, 2009. Page S6526 Page S6542 A unanimous-consent-time agreement was reached Measures Passed: providing that on Tuesday, June 16, 2009, following a period of morning business, Senate resume consid- Family Smoking Prevention and Tobacco Con- eration of the motion to proceed to consideration of trol Act: By 79 yeas to 17 nays (Vote No. 207), Sen- the bill, and that there be one hour of debate prior ate passed H.R. 1256, to protect the public health to the vote on the motion to invoke cloture on the by providing the Food and Drug Administration motion to proceed to consideration of the bill, with with certain authority to regulate tobacco products, time equally divided and controlled between the two to amend title 5, United States Code, to make cer- Leaders, or their designees; provided further, that tain modifications in the Thrift Savings Plan, the upon use or yielding back of that time, Senate vote Civil Service Retirement System, and the Federal on the motion to invoke cloture on the motion to Employees’ Retirement System, as amended, clearing proceed to consideration of the bill. Page S6526 the measure for the President. Pages S6497–S6523 Slavery Apology Concurrent Resolution—Agree- Celebrating the Life and Achievements of Mil- ment: A unanimous-consent agreement was reached lard Fuller: Senate agreed to S. Res. 183, cele- providing that on Thursday, June 18, 2009, fol- brating the life and achievements of Millard Fuller, lowing a period of morning business, Senate begin the founder of Habitat for Humanity. Page S6570 consideration of S. Con. Res. 26, apologizing for the Condolences to Family and Friends of Officer enslavement and racial segregation of African Ameri- Stephen T. Johns: Senate agreed to S. Res. 184, of- cans, and that there be 60 minutes for debate rel- fering deepest condolences to the family and friends ative to the resolution, with the time equally divided of Officer Stephen T. Johns and calling on the lead- and controlled between the two Leaders, or their designees; provided that no amendments be in order to D679

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the concurrent resolution or preamble; provided fur- Notices of Hearings/Meetings: Page S6569 ther, that upon the use or yielding back of time, Authorities for Committees to Meet: Senate vote on adoption of the concurrent resolution. Pages S6569–70 Page S6570 Privileges of the Floor: Page S6570 Nominations Received: Senate received the following nominations: Record Votes: One record vote was taken today. John R. Norris, of the District of Columbia, to be (Total—207) Page S6501 a Member of the Federal Energy Regulatory Com- Adjournment: Senate convened at 10 a.m. and admission for the remainder of the term expiring June journed at 7:15 p.m., until 1:45 p.m. on Monday, 30, 2012. June 15, 2009. (For Senate’s program, see the re- Michael Anthony Battle, Sr., of Georgia, to be marks of the Majority Leader in today’s Record on Representative of the United States of America to page S6571.) the African Union, with the rank and status of Am- bassador. Donald Sternoff Beyer, Jr., of Virginia, to be Am- Committee Meetings bassador to Switzerland, and to serve concurrently and without additional compensation as Ambassador (Committees not listed did not meet) to the Principality of Liechtenstein. Martha Larzelere Campbell, of Michigan, to be APPROPRIATIONS: DEPARTMENT OF Ambassador to the Republic of the Marshall Islands. HOUSING AND URBAN DEVELOPMENT Donald Henry Gips, of Colorado, to be Ambas- Committee on Appropriations: Subcommittee on Trans- sador to the Republic of South Africa. portation, Housing and Urban Development, and Gordon Gray, of Virginia, to be Ambassador to Related Agencies concluded a hearing to examine the Republic of Tunisia. proposed budget estimates for fiscal year 2010 for Alfonso E. Lenhardt, of New York, to be Ambas- the Department of Housing and Urban Develop- sador to the United Republic of Tanzania. ment, after receiving testimony from Shaun Dono- John R. Nay, of Michigan, to be Ambassador to van, Secretary of Housing and Urban Development. the Republic of Suriname. Daniel M. Rooney, of Pennsylvania, to be Ambas- APPROPRIATIONS: DEPARTMENT OF sador to Ireland. VETERANS AFFAIRS Richard J. Schmierer, of Virginia, to be Ambas- Committee on Appropriations: Subcommittee on Mili- sador to the Sultanate of Oman. tary Construction and Veterans Affairs, and Related Pamela Jo Howell Slutz, of Texas, to be Ambas- Agencies concluded a hearing to examine proposed sador to the Republic of Burundi. budget estimates for fiscal year 2010 for the Depart- Vinai K. Thummalapally, of Colorado, to be Am- ment of Veterans Affairs, after receiving testimony bassador to Belize. from Eric K. Shinseki, Secretary, Gerald M. Cross, Rocco Landesman, of New York, to be Chair- Acting Under Secretary for Health, Veterans Health person of the National Endowment for the Arts for Administration, Patrick W. Dunne, Under Secretary a term of four years. for Benefits, Veterans Benefits Administration, Steve Joseph W. Westphal, of New York, to be Under L. Muro, Acting Under Secretary for Memorial Af- Secretary of the Army. fairs, National Cemetery Administration, Rita A. Routine lists in the Air Force and Army. Reed, Acting Assistant Secretary for Management, Pages S6571–72 and Roger W. Baker, Assistant Secretary for Infor- Messages from the House: Page S6540 mation and Technology, all of the Department of Measures Placed on the Calendar: Veterans Affairs. Pages S6481, S6540 NOMINATIONS Measures Held at the Desk: Page S6540 Committee on Armed Services: Committee concluded a Executive Communications: Pages S6540–42 hearing to examine the nominations of Gordon S. Executive Reports of Committees: Page S6542 Heddell, of the District of Columbia, to be Inspector Additional Cosponsors: Pages S6543–45 General, J. Michael Gilmore, of Virginia, to be Di- rector of Operational Test and Evaluation, Zachary J. Statements on Introduced Bills/Resolutions: Lemnios, of Massachusetts, to be Director of Defense Pages S6545–69 Research and Engineering, Dennis M. McCarthy, of Additional Statements: Pages S6538–40 Ohio, to be Assistant Secretary for Reserve Affairs,

VerDate Nov 24 2008 04:00 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN9.REC D11JNPT1 tjames on PRODPC75 with DIGEST June 11, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D681 and Jamie Michael Morin, of Michigan, to be Assist- HEALTH CARE ant Secretary for Financial Management and Comp- Committee on Health, Education, Labor, and Pensions: troller, who was introduced by Senator Conrad, and Committee concluded a hearing to examine health Daniel Ginsberg, of the District of Columbia, to be care, after receiving testimony from Sandy Praeger, Assistant Secretary for Manpower and Reserve Af- Kansas Insurance Commissioner, Topeka; Margaret fairs, who was introduced by Senator Leahy, both of Flowers, Physicians for a National Health Program, the Department of the Air Force, all of the Depart- and Samantha Rosman, American Medical Associa- ment of Defense, after the nominees testified and an- tion, both of Chicago, Illinois; Ron Williams, Aetna swered questions in their own behalf. Inc., Hartford, Connecticut; Randel Johnson, U.S. NATIONAL OCEANIC AND ATMOSPHERIC Chamber of Commerce, William Dennis, National ADMINISTRATION BUDGET Federation of Independent Business, Mary Andrus, Consortium for Citizens with Disabilities, Ray Committee on Commerce, Science, and Transportation: Sub- Scheppach, National Governors’ Association, Gerald committee on Oceans, Atmosphere, Fisheries, and Shea, AFL–CIO, Dennis Rivera, Service Employees Coast Guard concluded a hearing to examine the International Union (SEIU), and Scott Gottlieb, President’s proposed budget request for fiscal year American Enterprise Institute; Katherine Baicker, 2010 for the National Oceanic and Atmospheric Ad- Harvard School of Public Health, Boston, Massachu- ministration, after receiving testimony from Jane setts; Jonathan Gruber, Massachusetts Institute of Lubchenco, Under Secretary for Oceans and Atmos- Technology Department of Economics, Cambridge; phere and Administrator of the National Oceanic Janet Trautwein, National Association of Health Un- and Atmospheric Administration, Department of derwriters, Arlington, Virginia; and Steve Burd, Commerce. Safeway, Inc., Pleasanton, California. NORTH KOREA INDIAN HEALTH CARE SYSTEM REFORM Committee on Foreign Relations: Committee concluded Committee on Indian Affairs: Committee concluded a a hearing to examine certain North Korea issues, hearing to examine reforming the Indian health care after receiving testimony from Stephen Bosworth, system, after receiving testimony from Jefferson Special Representative for North Korea Policy, De- Keel, National Congress of American Indians, partment of State; Evan J.R. Revere, The Korea So- Buford Rolin, Poarch Band of Creek Indians, on be- ciety, New York, New York; Leon V. Signal, Social half of the National Indian Health Board, and Geof- Science Research Council Northeast Asia Cooperative frey Roth, National Council of Urban Indian Health, Security Project, Brooklyn, New York; and Victor all of Washington, D.C.; Valerie Davidson, Alaska D. Cha, Georgetown University, and Nancy Native Tribal Health Consortium Legal and Inter- Lindborg, Mercy Corps, both of Washington, D.C. governmental Affairs, Anchorage; and Paul K. THE WHISTLEBLOWER PROTECTION Carlton, Jr., Texas A&M Health Science Center, Col- ENHANCEMENT ACT lege Station. Committee on Homeland Security and Governmental Af- BUSINESS MEETING fairs: Subcommittee on Oversight of Government Committee on the Judiciary: Committee ordered favor- Management, the Federal Workforce, and the Dis- ably reported the nominations of Gerard E. Lynch, trict of Columbia concluded a hearing to examine S. of New York, to be United States Circuit Judge for 372, to amend chapter 23 of title 5, United States the Second Circuit, and Mary L. Smith, of Illinois, Code, to clarify the disclosures of information pro- to be Assistant Attorney General, Tax Division, De- tected from prohibited personnel practices, require a partment of Justice. statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements NATIONAL CRIMINAL JUSTICE ACT conform with certain disclosure protections, provide Committee on the Judiciary: Subcommittee on Crime certain authority for the Special Counsel, after receiv- and Drugs concluded a hearing to examine the Na- ing testimony from Rajesh De, Deputy Assistant At- tional Criminal Justice Act of 2009, after receiving torney General, Office of Legal Policy, Department testimony from Chief William J. Bratton, Los Ange- of Justice; and William L. Bransford, Senior Execu- les Police Department, Los Angeles, California; Pat tives Association, Danielle Brian, Project on Govern- Nolan, Prison Fellowship, Lansdowne, Virginia; ment Oversight, Thomas Devine, Government Ac- Charles J. Ogletree, Jr., Harvard Law School Charles countability Project, and Robert Vaughn, American Hamilton Houston Institute for Race and Justice, University Washington College of Law, all of Wash- Cambridge, Massachusetts; and Brian W. Walsh, ington, D.C. The Heritage Foundation, Washington, D.C.

VerDate Nov 24 2008 04:00 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN9.REC D11JNPT1 tjames on PRODPC75 with DIGEST D682 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 2009 BUSINESS MEETING BUSINESS MEETING Committee on Rules and Administration: Committee or- Select Committee on Intelligence: Committee ordered fa- dered favorably reported the nomination of John J. vorably reported the nominations of Robert S. Litt, Sullivan, of Maryland, to be a Member of the Federal of Maryland, to be General Counsel of the Office of Election Commission. the Director of National Intelligence, and Stephen Woolman Preston, of the District of Columbia, to be General Counsel of the Central Intelligence Agency. h House of Representatives supplemental appropriations for the fiscal year end- Chamber Action ing September 30, 2009, and agreed to a conference. Public Bills and Resolutions Introduced: 26 pub- Pages H6545–50 lic bills, H.R. 2817–2842; and 12 resolutions, H. Agreed to the Lewis (CA) motion to instruct con- Con. Res. 147–150; and H. Res. 529–531, 533–537 ferees on the bill by a yea-and-nay vote of 267 yeas were introduced. Pages H6617–18 to 152 nays, Roll No. 329. Page H6550 The Chair appointed the following conferees: Rep- Additional Cosponsors: Pages H6619–20 resentatives Obey, Murtha, DeLauro, Lowey, Ed- Report Filed: A report was filed today as follows: wards (TX), Lewis (CA), Young (FL), and Granger. H. Res. 532, providing for the consideration of Page H6551 the Senate amendment to the bill (H.R. 1256) to Moment of Silence: The House observed a moment protect the public health by providing the Food and of silence in honor of the men and women in uni- Drug Administration with certain authority to regu- form who have given their lives in the service of our late tobacco products, to amend title 5, United nation in Iraq and Afghanistan, their families, and States Code, to make certain modifications in the all who serve in the armed forces and their families. Thrift Savings Plan, the Civil Service Retirement Pages H6550–51 System, and the Federal Employees’ Retirement Sys- Suspension—Proceedings Resumed: The House tem (H. Rept. 111–145). Pages H6616–17 agreed to suspend the rules and pass the following House Democracy Assistance Commission—Ap- measure which was debated on Tuesday, June 9th: pointment: The Chair announced the Speaker’s ap- Ralph Regula Federal Building and United pointment of the following Members of the House States Courthouse Designation Act: H.R. 1687, of Representatives to the House Democracy Assist- amended, to designate the Federal building and ance Commission: Representative Price (NC), Chair- United States courthouse located at McKinley Ave- man; Representatives Capps, Holt, Schiff, Schwartz, nue and Third Street, SW., Canton, Ohio, as the Payne, Pomeroy, Farr, Ellison, Hirono, and Roybal- ‘‘Ralph Regula Federal Building and United States Allard. Page H6545 Courthouse’’, by a 2⁄3 yea-and-nay vote of 416 yeas House Democracy Assistance Commission—Ap- with none voting ‘‘nay’’, Roll No. 330. Page H6551 pointment: Read a letter from Representative Agreed to amend the title so as to read: ‘‘To des- Boehner, Minority Leader, in which he appointed the ignate the federally occupied building located at following Members of the House of Representatives McKinley Avenue and Third Street, SW., Canton, to the House Democracy Assistance Commission: Ohio, as the ‘Ralph Regula Federal Building and United States Courthouse’.’’. Page H6551 Representatives Dreier, Boozman, Fortenberry, Biggert, Shuster, Granger, Boustany, Conaway, and Pakistan Enduring Assistance and Cooperation Buchanan. Page H6545 Enhancement Act of 2009: The House passed H.R. 1886, to authorize democratic, economic, and social Recess: The House recessed at 11:18 a.m. and re- development assistance for Pakistan and to authorize convened at 11:55 a.m. Page H6550 security assistance for Pakistan, by a recorded vote of Supplemental Appropriations Act, 2009—Motion 234 ayes to 185 noes, Roll No. 333. Pages H6551–84 to go to Conference: The House disagreed to the Rejected the Rogers (MI) motion to recommit the amendment of the Senate to H.R. 2346, making bill to the Committee on Foreign Affairs with instructions to report the same back to the House

VerDate Nov 24 2008 04:00 Jun 12, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JN9.REC D11JNPT1 tjames on PRODPC75 with DIGEST June 11, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D683 forthwith with an amendment, by a recorded vote of Senate Referral: S. 407 was held at the desk. 164 ayes to 245 noes, Roll No. 332. Pages H6580–83 Page H6585 Pursuant to the rule, the amendment in the na- Quorum Calls—Votes: Four yea-and-nay votes and ture of a substitute recommended by the Committee two recorded votes developed during the proceedings on Foreign Affairs now printed in the bill, modified of today and appear on pages H6550, H6551, by the amendment printed in part A of H. Rept. H6580, H6583, H6584 and H6593. There were no 111–143, shall be considered as adopted. Page H6551 quorum calls. Rejected: Adjournment: The House met at 10 a.m. and ad- Ros-Lehtinen amendment in the nature of a sub- journed at 8:05 p.m. stitute (printed in part B of H. Rept. 111–143) that sought to fully fund the administration’s request for non-military assistance to Pakistan ($1.5 billion) for Committee Meetings FY 2010 and to provide ‘‘such sums’’ as may be nec- CLIMATE LEGISLATION essary through 2013. It also would require that the administration submit a comprehensive interagency Committee on Agriculture: Held a hearing to review strategy and implementation plan; require quarterly pending climate legislation. Testimony was heard briefings on developments in Pakistan; as well as from Tom Vilsack, Secretary of Agriculture; and written notification to the Congress of adjustments public witnesses. in strategy and related changes in allocations and ex- CONDITIONS IN RURAL AMERICA penditures (by a yea-and-nay vote of 173 yeas to 246 Committee on Agriculture: Subcommittee on Conserva- nays, Roll No. 331). Pages H6563–80 tion, Credit, Energy, and Research held a hearing to Pursuant to section 3 of the rule, in the engross- review conditions in rural America. Testimony was ment of H.R. 2410, the Clerk shall add the text of heard from Doug Caruso, Administrator, Farm Serv- H.R. 1886, as passed by the House, as new matter ices Agency, USDA; Leland A. Strom, Chairman of at the end of H.R. 2410; conform the title of H.R. the Board, Credit administration; and public wit- 2410 to reflect the addition to the engrossment of nesses. H.R. 1886; assign appropriate designations to provisions within the engrossment; and conform provi- AGRICULTURE, RURAL DEVELOPMENT, sions for short titles within the engrossment. FOOD AND DRUG ADMINISTRATION H. Res. 522, the rule providing for consideration APPROPRIATIONS of the bills (H.R. 1886 and H.R. 2410), was agreed Committee on Appropriations: Subcommittee on Agri- to on Wednesday, June 10th. culture, Rural Development, Food and Drug Admin- Order of Procedure: Agreed that the Speaker be istration, and Related Agriculture approved for full authorized on this legislative day to entertain mo- Committee action the Agriculture, Rural Develop- tions that the House suspend the rules relating to H. ment, Food and Drug Administration, and Related Res. 529. Page H6585 Agencies appropriations for fiscal year 2010. Moment of Silence: The House observed a moment NATIONAL DEFENSE AUTHORIZATION of silence in honor of Carl Pursell, former Member ACT FOR FISCAL YEAR 2010 of Congress. Page H6584 Committee on Armed Services: Subcommittee on Mili- Suspension: The House agreed to suspend the rules tary Personnel approved for full Committee action and agree to the following measure: H.R. 2647, National Defense Authorization Act for Condemning the violent attack on the United Fiscal Year 2010. States Holocaust Memorial Museum on June 10, NATIONAL DEFENSE AUTHORIZATION 2009 and honoring the bravery and dedication of ACT FOR FISCAL YEAR 2010 United States Holocaust Memorial Museum em- Committee on Armed Services: ployees and security personnel: Subcommittee on Stra- H. Res. 529, to con- tegic Forces approved for full Committee action, demn the violent attack on the United States Holo- H.R. 2647, National Defense Authorization Act for caust Memorial Museum on June 10, 2009 and to Fiscal Year 2010. honor the bravery and dedication of United States Holocaust Memorial Museum employees and security NATIONAL DEFENSE AUTHORIZATION personnel, by a 2⁄3 yea-and-nay vote of 413 yeas with ACT FOR FISCAL YEAR 2010 none voting ‘‘nay’’, Roll No. 334. Pages H6585–93 Committee on Armed Services: Subcommittee on Ter- Senate Message: Message received from the Senate rorism, Unconventional Threats and Capabilities ap- today appears on page H6585. proved for full Committee action, as amended, H.R.

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2647, National Defense Authorization Act for Fiscal a hearing entitled ‘‘ The FY 2010 Budget for Immi- Year 2010. gration and Customs Enforcement, Customs and MISCELLANEOUS MEASURES Border Protection, and the U.S. Coast Guard.’’ Testi- mony was heard from the following officials of the Committee on Education and Labor: Subcommittee on Department of Homeland Security: John T. Morton, Workforce Protections held a hearing on the fol- Assistant Secretary, U.S. Immigration and Customs lowing bills: H.R. 2339, Family Income to Response Enforcement; Jayson P. Ahern, Acting Commis- to Significant Transitions Act, and H.R. 2460, sioner, U.S. Customs and Border Protection; and Healthy Families Act. Testimony was heard from ADM Thad W. Allen, USCG, Commandant, U.S. Representatives DeLauro and Grayson; Sandra Poole, Coast Guard. Deputy Director, Employment Development Depart- ment Disability Insurance Branch; Rajiv Bhatia, Di- MISCELLANEOUS MEASURES rector, Occupational and Environmental Health, De- Committee on the Judiciary: Subcommittee on Constitu- partment of Public Health, San Francisco, California; tion, Civil Rights and Civil Liberties approved for and public witnesses. full Committee action the following bills: H.R. MISCELLANEOUS MEASURES 1843, John Hope Franklin Tulsa-Greenwood Race Committee on Energy and Commerce: Subcommittee on Riot Claims Accountability Act of 2009; and H.R. Communications, Technology and the Internet held 984, as amended, State Secret Protection Act of a hearing on the following bills: H.R. 1084, Com- 2009. mercial Advertisement Loudness Mitigation Act EQUAL JUSTICE FOR OUR MILITARY ACT (CALM); H.R. 1147, Local Community Radio Act of Committee on the Judiciary: Subcommittee on Courts 2009; and H.R. 1133, Family Telephone Connection and Competition Policy held a hearing on H.R. 569, Protection At of 2009. Testimony was heard from Equal Justice For Our Military Act of 2009. Testi- Peter Doyle, Chief, Audio Division, Media Bureau, mony was heard from Representative Davis of Cali- FCC; and public witnesses. fornia; MG John D. Altenburg, Jr., USA, (ret.); and EMERGING HEALTH CARE ISSUES a public witness. Committee on Energy and Commerce: Subcommittee on NATIVE HAWAIIAN GOVERNMENT Health held a hearing on the forthcoming Federal REORGANIZATION ACT OF 2009 Trade Commission report entitled ‘‘Emerging Health Committee on Natural Resources: Held a hearing on Care Issues: Follow-on Biologic Drug Competition.’’ H.R. 2314, Native Hawaiian Government Reorga- Testimony was heard from Pamela Jones Harbo, nization Act of 2009. Testimony was heard from Commissioner, FTC. Representative Hirono; the following officials of the COMPENSATION STRUCTURE AND U.S. Commission on Civil Rights: Gail Heriot and SYSTEMIC RISK Michael Yaki, both Commissioners; the following of- Committee on Financial Services, Held a hearing enti- ficials of the State of Hawaii: Micah Kane, Chair- tled ‘‘Compensation Structure and Systemic Risk.’’ man, Department of Hawaiian Homelands; and Testimony was heard from Gene Sperling, Counselor Haunani Apoliana, Chairwoman, Office of Hawaiian to the Secretary of the Treasury; Scott Alvarez, Gen- Affairs; and a public witness. eral Counsel, Board of Governors, Federal Reserve BANK OF AMERICA AND MERRILL LYNCH System; Brian Breheny, Deputy Director, Corporate Finance, SEC; Lynn Turner, former Chief Account- Committee on Oversight and Government Reform: Sub- ant, SEC; and public witnesses. committee on Oversight and Government Reform and the Subcommittee on the Domestic Policy held GREEN ACT OF 2009 a joint hearing entitled ‘‘Bank of America and Mer- Committee on Financial Services: Subcommittee on rill Lynch: How Did a Private Deal Turn Into a Fed- Housing and Community Opportunity held a hear- eral Bailout?’’ Testimony was heard from Kenneth ing on H.R. 2336, GREEN Act of 2009. Testimony D. Lew, CEO, Bank of America. was heard from public witnesses. FAMILY SMOKING PREVENTION AND IMMIGRATION AND CUSTOMS TOBACCO CONTROL ACT ENFORCEMENT, CUSTOMS AND BORDER Committee on Rules: Granted, by a non-record vote, a PROTECTION AND U.S. COAST GUARD rule providing for the consideration of the Senate BUDGET amendment to H.R. 1256, the ‘‘Family Smoking Committee on Homeland Security: Subcommittee on Prevention and Tobacco Control Act.’’ The rule Border, Maritime and Global Counterterrorism held makes in order a motion offered by the chair of the

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Committee on Energy and Commerce or his designee National Transportation Safety Board; the following that the House concur in the Senate amendment to officials of the Department of Transportation: J. H.R. 1256. The rule waives all points of order Randolph Babbitt, Administrator, FAA; and Calvin against consideration of the motion except those aris- L. Scovel III, Inspector General; and public wit- ing under clause 10 of rule XXI. The rule provides nesses. that the Senate amendment shall be considered as read. The rule provides one hour of debate on the CYBER UPDATE BRIEFING motion equally divided and controlled by the chair Permanent Select Committee on Intelligence: Met in execu- and ranking minority member of the Committee on tive session to receive a briefing on Cyber Update. Energy and Commerce. Testimony was heard from The Committee was briefed by departmental wit- Representative Pallone. nesses. FIXING EPA’S BROKEN INTEGRATED RISK INFORMATION SYSTEM Joint Meetings Committee on Science and Technology: Subcommittee on SUPPLEMENTAL APPROPRIATIONS ACT Investigations and Oversight held a hearing on Fix- ing EPA’s Broken Integrated Risk Information Sys- Conferees met to resolve the differences between the tem. Testimony was heard Kevin Teichman, Deputy Senate and House passed versions of H.R. 2346, Assistant Administrator, Science, Office of Research making supplemental appropriations for the fiscal and Development, EPA; and John H. Stephenson, year ending September 30, 2009, but did not com- Director, Natural Resources and Environment, GAO. plete action thereon, and recessed subject to the call. NATIONAL EARTHQUAKE HAZARDS f REDUCTION PROGRAM COMMITTEE MEETINGS FOR FRIDAY, REAUTHORIZATION JUNE 12, 2009 Committee on Science and Technology: Subcommittee on (Committee meetings are open unless otherwise indicated) Technology and Innovation held a hearing on the Reauthorization of the National Earthquake Hazards Senate Reduction Program: R&D for Disaster Resilient Committee on Health, Education, Labor, and Pensions: to Communities. Testimony was heard from Jack hold hearings to examine health care, 10 a.m., SH–216. Hayes, Director, National Earthquake Hazards Re- duction Program, National Institute of Standards House and Technology; and public witnesses. Committee on Appropriations, to mark up the following appropriations for fiscal year 2010: Homeland Security SMALL BUSINESS LEGISLATION and Legislative Branch, 9 a.m., 2359 Rayburn. Committee on Small Business: Subcommittee on Con- Committee on Armed Services, Subcommittee on Air and tracting and Technology approved for full Com- Land Forces, to mark up H.R. 2647, National Defense mittee action the following bills: H.R. 2769, Com- Authorization for Fiscal Year 2010, 9 a.m., 2118 Ray- mercializing Small Business Research and Develop- burn. ment Act; H.R. 2767, Investing in Tomorrow’s Subcommittee on Readiness, to mark up H.R. 2647, Technology Act; H.R. 2772, SBIIR and STTR En- National Defense Authorization Act for Fiscal Year 2010, 2118 Rayburn. hancement Act; and H.R. 2747, Technology Devel- Subcommittee on Seapower and Expeditionary Forces, opment and Outreach Act. to mark up H.R. 2647, National Defense Authorization REGIONAL AIR CARRIERS AND PILOT Act for Fiscal Year 2010, 11 a.m., 2212 Rayburn. WORKFORCE ISSUES Committee on Energy and Commerce, Subcommittee on En- ergy and Environment, hearing on the Future of the Committee on Transportation and Infrastructure: Sub- Grid: Proposals for Reforming National Transmission committee on Aviation held a hearing on Regional Policy, 9:30 a.m., 2123 Rayburn. Air Carriers and Pilot Workforce Issues. Testimony Subcommittee on Oversight and Investigations, hearing was heard from Representatives Slaughter, and Lee of entitled ‘‘GM and Chrysler Dealership Closures and Re- New York; Mark V. Rosenker, Acting Chairman, structuring,’’ 10 a.m., 2322 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1:45 p.m., Monday, June 15 9 a.m., Friday, June 12

Senate Chamber House Chamber Program for Monday: Senate will be in a period of Program for Friday: Consideration of the Senate amend- morning business. ment to H.R. 1256—Family Smoking Prevention and Tobacco Control Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Harman, Jane, Calif., E1379 Maloney, Carolyn B., N.Y., E1377 Hastings, Alcee L., Fla., E1380 Moore, Dennis, Kans., E1379 Andrews, Robert E., N.J., E1377 Hirono, Mazie K., Hawaii, E1381 Nadler, Jerrold, N.Y., E1379 Berman, Howard L., Calif., E1378 Holt, Rush D., N.J., E1379, E1384 Neal, Richard E., Mass., E1380 Butterfield, G.K., N.C., E1376 Jackson-Lee, Sheila, Tex., E1382 Norton, Eleanor Holmes, D.C., E1380 Camp, Dave, Mich., E1376 Kilpatrick, Carolyn C., Mich., E1375 Cleaver, Emanuel, Mo., E1377 Latta, Robert E., Ohio, E1379, E1382 Nunes, Devin, Calif., E1381 Courtney, Joe, Conn., E1375 Lowey, Nita M., N.Y., E1375 Peters, Gary C., Mich., E1378 Graves, Sam, Mo., E1383, E1383, E1383, E1384, E1384, McCarthy, Carolyn, N.Y., E1378 Rogers, Harold, Ky., E1376 E1384, E1385, E1385 McCollum, Betty, Minn., E1375 Scalise, Steve, La., E1383 Grijalva, Rau´ l M., Ariz., E1381 McDermott, Jim, Wash., E1379, E1384 Woolsey, Lynn C., Calif., E1376

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