27770 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 SENATE—Tuesday, November 17, 2009

The Senate met at 10 a.m. and was The ACTING PRESIDENT pro tem- a 2,000-page, as the Wall Street Journal called to order by the Honorable RO- pore. The clerk will call the roll. called it, ‘‘monstrosity.’’ In the area of LAND W. BURRIS, a Senator from the The legislative clerk proceeded to the Medicare cuts, what does that State of Illinois. call the roll. mean? When you say you are going to Mr. REID. Mr. President, I ask unan- cut Medicare by $1⁄2 trillion over 10 PRAYER imous consent that the order for the years, what does it mean? It means The Chaplain, Dr. Barry C. Black, of- quorum call be rescinded. cuts to hospitals, cuts to Medicare Ad- fered the following prayer: The ACTING PRESIDENT pro tem- vantage, cuts to nursing homes, cuts to Eternal God, source of our strength, pore. Without objection, it is so or- home health care, and cuts to hospice. we come before You today remem- dered. Those vital programs would be collec- bering that Your presence and power The majority leader is recognized. tively subjected to $1⁄2 trillion in cuts sustain us during life’s rigorous de- f over 10 years. Focusing on hospice, this is the sec- mands. Lord, it is comforting to know SCHEDULE that in every situation You are always tion of the bill that deals with hospice. present to empower us with Your love. Mr. REID. Mr. President, I apologize The legalese is a little bit mind-bog- Today, use our lawmakers as instru- to my counterpart, the distinguished gling, but to give you a sense of how ments of Your peace and love. Examine Senator from Kentucky, for not being these things are written, it says, ‘‘Sub- their hearts and minds, providing them here, but I was occupied outside the clause (VII) of section’’—and it goes on: with the courage to walk continually Chamber. . . . 1814(i)(1)(c)(ii) of the Social Security in Your truth. Look favorably upon Mr. President, following leader re- Act . . . is amended by inserting after ‘‘the their efforts to build a better nation marks, there will be a period for morn- market basket percentage increase’’ the fol- ing business for 1 hour, with Senators lowing: ‘‘(which is subject to the produc- and world, guiding them with Your tivity adjustment . . . ’’ wisdom. permitted to speak for up to 10 minutes each. The majority will control the Described in another section. Lord, lead our Nation also. May our You would have to be steeped in efforts at home and abroad reflect Your first 30 minutes, the Republicans will control the final 30 minutes. legalese and minutia to understand character and grace. what that means, so I am going to in- We pray in Your Holy Name. Amen. Following morning business, the Sen- ate will resume consideration of H.R. terpret it for our colleagues so they f 3082, the Military Construction-Vet- will know what that means. It means PLEDGE OF ALLEGIANCE erans Affairs appropriations bill. Sev- an $8 billion cut to hospice. That is what that language means, an $8 bil- The Honorable ROLAND W. BURRIS led eral amendments are still in order to lion cut to hospice. the Pledge of Allegiance, as follows: the bill. We expect a vote for up to What does that mean for seniors? Ac- I pledge allegiance to the Flag of the three of those amendments prior to lunch. Following the recess, we will cording to Victoria Scarborough, who United States of America, and to the Repub- is a nurse in Danville, KY, it means lic for which it stands, one nation under God, have a number of votes we have to indivisible, with liberty and justice for all. take. It is important that we do that. sacrificing patient care. Here is what she had to say about the prospect of an f The Senate will recess from 12:30 to 2:15 $8 billion cut to hospice: APPOINTMENT OF ACTING for the weekly party caucuses, but fol- lowing the recess the Senate will pro- We are able to do this—provide excellent PRESIDENT PRO TEMPORE health care at low cost—because we are ceed to vote in relation to the Inhofe present at the bedside with the patient, sit- The PRESIDING OFFICER. The amendment, No. 2774, to be followed by clerk will please read a communication ting at the kitchen table, holding a spouse’s a vote on passage of the bill, as amend- hand. We depend upon our highly skilled per- to the Senate from the President pro ed. sonnel; our ‘‘services’’ are our people. For tempore (Mr. BYRD). Upon disposition of H.R. 3082, there hospices the productivity adjustment makes The legislative clerk read the fol- will be 1 hour of debate prior to a clo- little sense, we need our people. lowing letter: ture vote on the nomination of David That illustrates the impact of an $8 U.S. SENATE, Hamilton to be U.S. circuit judge for billion cut in hospice. PRESIDENT PRO TEMPORE, the Seventh Circuit. On the chart behind me, I mention WASHINGTON, DC, NOVEMBER 17, 2009. f the other areas that are being cut: hos- To the Senate: pitals, Medicare Advantage, nursing Under the provisions of rule I, paragraph 3, RECOGNITION OF THE MINORITY homes, home health, and hospice, of the Standing Rules of the Senate, I hereby LEADER appoint the Honorable ROLAND W. BURRIS, a which I just described. Senator from the State of Illinois, to per- The ACTING PRESIDENT pro tem- Another cut would be to Medicare form the duties of the Chair. pore. The Republican leader is recog- Advantage. The section of the bill— ROBERT C. BYRD, nized. this is the front page—dealing with the President pro tempore. f Medicare Advantage reforms, they are Mr. BURRIS thereupon assumed the called, says ‘‘Phase-In Of Payment chair as Acting President pro tempore. HEALTH CARE REFORM Based On Fee-For-Service Costs.’’ What f Mr. MCCONNELL. Mr. President, we does that mean? What does ‘‘Phase-In know the House-passed health care bill Of Payment Based On Fee-For-Service RECOGNITION OF THE MAJORITY will cut Medicare, raise taxes, and Costs’’ mean? It means that $236 billion LEADER raise premiums. We also know the bill in cuts to Medicare will occur—$236 bil- The ACTING PRESIDENT pro tem- being developed by the majority leader lion in this program out here, Medicare pore. The Republican leader. will do the same. This morning, I want Advantage, that will occur as a result Mr. MCCONNELL. Mr. President, to focus on the $1⁄2 trillion cuts in of this bill. What does that mean, the pending the arrival of the majority Medicare—$1⁄2 trillion over 10 years. $236 billion of cuts to Medicare Advan- leader, I suggest the absence of a We have here the House-passed tage? The Congressional Budget Office quorum. health care bill in its entirety. This is has said it means fewer benefits for

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

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27771 seniors. That is the Congressional $24,000. To think that 10 years from What happened? Some private health Budget Office that says it means fewer now people will have to work to earn insurance companies did do it at a benefits for seniors. $2,000 a month just to pay for the lower cost but not all of them. In fact, Norma Hylton of Lexington, KY, re- health care for a small family tells you when it was all said and done, Medicare cently wrote: we have to make a change. Advantage, this so-called private res- Mr. Obama says he’ll take away the Medi- The Senator from Kentucky on the cue of the Medicare Program, ended up care Advantage plans. . . . This makes us Republican side came to the floor to costing 14 percent more than the Medi- very concerned about the healthcare plans criticize not the Senate bill but the care Program itself. In other words, being debated. I truly believe all seniors House bill. I would say to the Senator the Medicare Program was subsidizing (maybe others) will suffer. from Kentucky, in all fairness, let’s ad- private health insurance companies We know the overall bill raises taxes, dress the Senate bill which will be re- that couldn’t keep their promise to de- raises health insurance premiums for ported this week. It has literally been liver Medicare at a lower cost. the 85 percent of Americans who al- reviewed by the Congressional Budget The Senator from Kentucky comes to ready have health insurance, and cuts Office for the last 3 or 4 weeks, and it the Chamber to defend those private 1 will come out this week and be posted Medicare by $ ⁄2 trillion. This morning, health insurance companies, defend the what I tried to do is point out what on the Internet for everyone to read in subsidy they receive at the expense of some of those cuts mean; what taking its entirety. At that point, I think the Medicare. That is unacceptable and in- $8 billion out of hospice means, this criticisms leveled by the Senator from defensible. Medicare offers the basic important program dealing with folks Kentucky will be put in context. Let’s plan most Americans trust when they who are at the end of life; and what look at the Senate bill. reach the age of 65. We are going to I would also like to stand here and taking $236 billion out of Medicare Ad- find a way to make sure we put Medi- wave before you a copy of the Repub- vantage means, as a practical matter, lican bill on health care reform, but it care on sound footing. The future of to constituents in my State and across does not exist. There is no Republican Medicare is in doubt if we don’t deal the country. alternative to health care reform. They with the underlying problems in our I yield the floor. are satisfied with the current system. health care system today. f They want to keep the status quo. Like The Senator from Kentucky and his Republican side have no alternative. RESERVATION OF LEADER TIME the health insurance companies, they are happy with what exists. But most They are not offering health care re- The ACTING PRESIDENT pro tem- Americans, and certainly those I rep- form or change. They are standing with pore. Under the previous order, the resent in Illinois, know better. They the health insurance companies, de- leadership time is reserved. know we are at a distinct disadvantage fending Medicare Advantage, which en- f when it comes to health care if we have joys this healthy subsidy from the Fed- eral Government, and, frankly, not MORNING BUSINESS to rely on health insurance companies for permission for coverage because supporting our efforts to bring real re- The ACTING PRESIDENT pro tem- they are going to say no. Repeatedly, form to health insurance. pore. Under the previous order, there they say no. They deny you coverage I can tell my colleagues the Medicare will be a period of morning business for when you need it the most, because of provisions in the House bill referred to 1 hour, with Senators permitted to a preexisting condition. They deny you by the Senator from Kentucky were speak therein for up to 10 minutes coverage because they say it costs too supported by AARP. They have been each, with the time equally divided and much. They deny you coverage because supported by other organizations: The controlled between the two leaders or they don’t want to cover a certain drug Leadership Council of Aging Organiza- their designees, with the majority con- and they want to challenge you to tions, the National Committee to Pre- trolling the first half and the Repub- fight them and appeal that decision. serve Social Security and Medicare. licans controlling the second half. They deny coverage when you decide to How does the Senator from Kentucky The Senator from Illinois is recog- change a job or lose a job. They deny explain that; that they would endorse nized. coverage when a child reaches the age this approach to Medicare while he f of 23 and is so-called emancipated and says it would destroy Medicare. Frank- ly, he happens to be mistaken. What we HEALTH CARE REFORM on his own. That is the existing system which the Republicans are supporting. are doing is putting Medicare on a Mr. DURBIN. Mr. President, the Re- They can support it if they wish, but sound financial footing, reducing the publican leader just came to the floor, most Americans do not. Most Ameri- increase in cost in medical procedures as he has with regularity, to speak to cans want to see real health care re- so Medicare isn’t stripped of the basic the issue of health care reform. We are form. funds it has. all addressing it because it is a major Let’s spend a moment speaking about In fact, when it is all said and done, issue we are facing in this Congress, a Medicare, which the Senator from Ken- we find that the House bill, the bill the major opportunity for this country to tucky addressed. Our goal is not only Senator from Kentucky references, ex- deal with a health care system that to preserve Medicare. As a political tends the life of the Medicare trust needs to be fixed. There are parts of it party, it was Democrats who created fund by an additional 5 years. How does that are very strong but parts of it Medicare. It was Republicans who the Senator from Kentucky explain that need to be fixed. called it socialized medicine and op- that? If this is destroying Medicare, The cost of health care today in posed it. Over the years, they have how does this health care reform ex- America is going up so fast that it is tried to trim back on Medicare bene- tend its life? outstripping the ability of individuals fits, to reduce coverage and turn Medi- Under the bill, overall national and businesses to buy health insurance care over to private insurers. That ef- spending on health care would increase coverage. We have seen the cost of pre- fort was called Medicare Advantage. by only .8 percent over the next 10 miums go up three times faster than When private health insurance compa- years, compared to current law, even wages. The story is obvious. For most nies came before Congress and said: We though 34 million Americans would be workers across America, the choice can do a better job than the govern- gaining coverage. Under the bill, out- each year is take-home pay or in- ment, we can offer Medicare coverage of-pocket spending on health care creased costs for health insurance, and at a lower cost and do it more effi- would decline by more than $200 billion they understand it is unsustainable. ciently because we are the private sec- over what it would have been by the Just 10 years ago, the cost of a health tor, Republicans accepted that premise year 2019. insurance plan for a family of four was and tried to take away Medicare cov- When it comes to Medicare Advan- $6,000. This year, it is $12,000, on aver- erage from the government and offer it tage, the Senator from Kentucky says age. Ten years from now, it will be to private health insurance companies. it offers more benefits for seniors. I am

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27772 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 not opposed to offering more benefits tainees into America. The net result is strongly support the Attorney Gen- for seniors, but I wish to make sure to create a dramatic number of new eral’s decision to prosecute these sus- each and every senior under Medicare jobs. pects in Federal court. But regardless has a basic Medicare package they can Today we are going to consider of how one feels about the issue, every count on and afford and that Medicare amendment No. 2774 to the Military Member of Congress should know what is put on a permanent, sound financial Construction appropriations bill, of- the Inhofe amendment means. Under footing. Unfortunately, on the Repub- fered by Senator INHOFE of Oklahoma. the Inhofe amendment, the government lican side, they have offered no alter- It prohibits any funds in this bill from could not spend any money to upgrade native. being used to construct or modify a fa- security facilities in New York City to f cility to hold a detainee from Guanta- make certain any of these terrorist namo. The Obama administration suspects are held safely. We would be MILCON APPROPRIATIONS strongly opposes this amendment, and prohibited from spending money be- Mr. DURBIN. Mr. President, there is I hope my colleagues will join. This cause Guantanamo detainees are in- a proposal by the Federal Government morning Senators REID and MCCON- volved. How much sense does that that relates to a small town in the NELL received a letter from Defense make? If there is the need to upgrade State I represent. The town is Thom- Secretary Robert Gates, Homeland Se- security so they can be tried in a safe son, IL. It is in Carroll County. It is 150 curity Secretary Janet Napolitano, and environment with no danger to the miles from Chicago in the north- Attorney General Eric Holder, express- people of New York City, we want to western portion. Carroll County is one ing strong opposition to the Inhofe spend that money, if necessary. The of the small, rural counties which has amendment. It reads, in part: Inhofe amendment stops us, precludes been struggling because a lot of em- Like the President and numerous others, us from spending that money. Why ployers have gone and a lot of people both Republicans and Democrats, we are would the Senator from Oklahoma have moved. Those who remain are hit convinced that closing the Guantanamo Bay want to tie the President’s hands? hard by the recession and desperate for detention center is in the national security In his zeal to keep open Guantanamo, interests of the United States. . . . We ac- employment. The mayor of Thomson, he is trying to limit this administra- Jerry ‘‘Duke’’ Hebeler, wrote a letter knowledge that closing Guantanamo has proven difficult, but that is not a reason for tion. I think that is a mistake. He be- to me and Governor Quinn and others the Congress to preclude this important na- lieves—others do as well—we should asking for us to consider a prison tional security objective. . . . We need to get not close Guantanamo. I agree with which had been opened there for expan- on with the work of enhancing our national GEN Colin Powell. He said: If I had my sion as a Federal prison, and the ad- security by finally closing the Guantanamo way, I wouldn’t close Guantanamo to- ministration is now looking at that Bay detention center. The Inhofe amend- morrow. I would close it this after- possibility. If the Federal Government ment would have the opposite effect and noon. He knows, and we know, it has would likely prevent further progress on this moves to take over this prison, it could become a dangerous symbol to the create up to 3,000 jobs in the area, important issue. We ask that you join us in opposing the Inhofe amendment. world, a dangerous symbol being used good-paying jobs with benefit pack- by terrorist organizations to recruit ages. It would be a dramatic infusion Let me be clear. This amendment would not prevent Guantanamo detain- more for their ranks. That is why GEN into the local economy. In fact, it is es- Colin Powell has called for the closure timated it would increase growth in ees from being transferred to the United States. Under current law, de- of Guantanamo. That is why it has also the local economy by over $200 million been called on to close by former Presi- a year, almost $1 billion over 4 years. tainees can be transferred to the United States to be prosecuted. The dent George W. Bush, who on eight dif- There is nothing that could be ferent occasions called for its closure. brought more quickly to have that Inhofe amendment does not change this. Here is what it would do: It would GEN David Petraeus has also called for kind of positive impact on a local econ- its closure, as has ADM Mike Mullen, omy. Part of this is to transfer the de- prohibit the Obama administration from upgrading security at any facility Chairman of the Joint Chiefs of Staff, tainees from Guantanamo to this new as well as Robert Gates, Secretary of prison and basically close Guanta- in the United States where Guanta- namo detainees would be held. That is Defense under Presidents Bush and namo. Guantanamo detainees cost the Obama. I urge colleagues to oppose the Government about $430,000 a year per unwise and unprecedented. It certainly is not in the best interests of homeland Inhofe amendment, give this adminis- detainee. It is an extremely expensive tration the tools it needs to keep facility, manned by the Department of security in the United States. Let’s take a hypothetical situation. America safe. Let us not second-guess Defense. Of course, we have to provide In fact, let’s move beyond a hypo- them when it comes to safety and secu- barracks and accommodations and thetical. Let’s take a real-life example. rity for America’s people. That is what creature comforts that we want our Last Friday, Attorney General Eric the Inhofe amendment would do. That, men and women in uniform to have at Holder announced five Guantanamo de- in and of itself, would be a serious mis- Guantanamo. Moving it to Thomson, tainees who were allegedly involved in take. IL, will dramatically reduce that cost. There are those who resist this and the 9/11 terrorist attack will be pros- f do not want to see us move forward. I ecuted in Federal court in the South- say they don’t understand these de- ern District of New York. They include FOOD SAFETY MODERNIZATION tainees would be placed in a portion of Khalid Shaikh Mohammed, the alleged ACT this Thomson facility run by the De- mastermind of the 9/11 attacks. I agree Mr. DURBIN. Mr. President, tomor- with Michael Bloomberg, the Repub- partment of Defense. They would be in row, Chairman TOM HARKIN will lead what is virtually the most secure pris- lican mayor of New York, who recently the Health, Education, Labor, and Pen- on in America today, where there has, said: sions Committee in the markup of a incidentally, never been an escape from I support the Obama Administration’s de- food safety bill, S. 510, the FDA Food the supermax facility since it was cision to prosecute 9/11 terrorists here. It is Safety Modernization Act. I introduced fitting that 9/11 suspects face justice near built. They would be housed in this sit- the World Trade Center where so many New this bill with Senator JUDD GREGG of uation with no visitors. In military Yorkers were murdered. . . . I have great New Hampshire and a broad coalition prisons, there is no requirement for confidence that the [New York Police De- of Senators from both sides of the visitation, even though some critics partment], with federal authorities, will han- aisle. I thank those Senators—espe- have said otherwise. They would not be dle security expertly. cially the late Senator Ted Kennedy, released into the general population Federal courts are clearly capable of who joined as a cosponsor of the bill, under any conditions because we have prosecuting terrorists. Since 9/11, we and Senators DODD, BURR, ISAKSON, passed laws saying that will never hap- have successfully prosecuted 195 terror- ALEXANDER, KLOBUCHAR, and CHAM- pen, prohibiting release of these de- ists in our article III Federal courts. I BLISS—for joining me to fight for

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27773 America’s food safety. Since we intro- and her family were suffering more The bill gives the FDA long-overdue duced this bill, a number of other Mem- pain than they ever thought imag- authority to conduct mandatory re- bers have signed on, including Senators inable—all because Rylee had eaten a calls of contaminated food. Most peo- HATCH, GILLIBRAND, TOM UDALL, and salad she thought was safe. ple are stunned to know that the Fed- Senator BURRIS. We are pleased to have She escaped this incident with her eral Government does not have the au- their support. There is bipartisan sup- life. But she, like millions of foodborne thority to recall contaminated food. port for the FDA Food Safety Mod- illness victims, will endure health com- This bill will change that when it is ernization Act because food safety is plications indefinitely. She will need signed into law. not a partisan issue. The safety of our multiple kidney transplants over the Most companies cooperate with the food supply affects everybody every course of her life. She had to endure a FDA’s recall efforts, but we have to day. painful surgery and challenging speech make sure those who hesitate and are As we learned from recent events, therapy, so she can no longer sing or uncooperative are called into line. eating unsafe food—whether it is spin- speak with a loud voice. Some—such as the Peanut Corpora- ach contaminated with E. coli, peanut Rylee has not given up hope. She was tion of America, which distributed butter laced with salmonella or mel- recently walking the Halls of Congress thousands of pounds of peanuts and amine-spiked candy—can lead to seri- advocating for food safety reform. I peanut paste contaminated with sal- ous illness and death. Every year 76 heard her share her story with hun- monella—did not fully or quickly re- million Americans suffer from prevent- dreds of parents, victims, and other call the food that was on the markets able foodborne illness; 325,000 are hos- supporters of the Make Our Food Safe that made people sick. The food safety pitalized each year and 5,000 will die. Coalition. bill in HELP will change that by ensur- Every 5 minutes, three people are Although her voice is now perma- ing that the FDA can compel a com- rushed to the hospital because the food nently softer and lower than it was be- pany to recall food. they ate made them sick. At the end of fore her illness, we heard Rylee’s mes- Experts agree that individual busi- each day, 13 will die. The tragedy of sage loudly and clearly: All Americans nesses are in the best position to iden- these deaths is clear. We certainly rec- deserve food that is safe. tify and prevent food safety hazards. Mr. President, I would like to show ognize the anguish of loved ones who People who run these facilities know you another photo I have in the Cham- lose someone to food contamination. where the vulnerabilities are on their ber. This is a picture of Mary Ann of What is less understood are the long- assembly lines, and they know which Mendota, IL. She is 80 years old. Mary term consequences for those who do hazards the food products they work Ann is pictured with her young grand- with are most at risk for. That is why survive. Victims are affected for son. I shared her story with the HELP the bill asks each business to identify months, sometimes years, after they Committee just a few weeks ago. leave the hospital. Mary Ann was planning a big Labor the food safety hazards at each of its Last week, the Center for Foodborne Day family celebration, and she de- locations and then implement a plan Illness, Research & Prevention released cided to make a spinach salad. She that addresses the hazards. a report on the long-term health con- used spinach which she did not know The bill gives FDA the authority to sequences of foodborne illness. The re- was contaminated with E. coli. review and evaluate those food safety port shows it is often the lasting dam- Hours after eating the spinach, Mary hazard prevention plans and to hold age that causes more pain and suf- Ann was sprawled across her bathroom companies accountable for not com- fering than the immediate effects felt floor—vomiting violently and experi- plying with the requirements of the right after eating contaminated food. encing uncontrollable diarrhea. Then plan. That means that after the initial stom- her kidneys failed. Finally, the bill gives the FDA the ach aches and diarrhea have run their Instead of spending time with her authority to prevent contaminated course, many foodborne illness victims family on that holiday, she spent it in food from other countries from enter- will suffer from a lifetime of paralysis, the hospital, staying there for 6 weeks, ing the United States. Importers will kidney failure, seizures and mental dis- receiving medical treatment intra- have to verify the safety of foreign sup- ability and sometimes premature venously. Thankfully, Mary Ann is pliers and imported food so we know death. What is worse, children, preg- alive, but the quality of her life is the food we are bringing into our coun- nant women, and elderly Americans never going to be the same. try is safe. If a foreign facility refuses are among the most vulnerable. This country has a good system, and U.S. food safety inspections, the FDA I wish to show you a photo of this most of our food is safe. But there are will then have the authority to deny lovely young girl. Her name is Rylee. far too many lives—such as Mary Ann’s entry to imports from that facility. She knows the story of foodborne ill- and Rylee’s—that have been com- The FDA Food Safety Modernization ness personally. On the morning of her promised by the long-term effects of Act employs these and other common- ninth birthday, Rylee learned her fam- foodborne illness. sense approaches to help the FDA do ily would celebrate by taking a road Parsing the FDA Food Safety Mod- its job of ensuring the food we eat is trip to an aquarium. Rylee couldn’t ernization Act is an important step to- safe. The bill is balanced, bipartisan, have been more excited. Similar to ward ensuring that the food we eat is and it is supported by a broad coalition many 9-year-olds, this cute little girl safe and that we no longer hear these of not just consumer advocates but the loved to sing and dance. On the morn- heartbreaking stories. This act will fi- major business interests in food pro- ing of her birthday, she was doing both. nally provide the FDA with the author- duction and marketing. Before the end of the day, Rylee was ity and resources it needs to prevent, I thank Chairman TOM HARKIN of rushed to the hospital, where she was detect, and respond to food safety prob- Iowa and Senator MIKE ENZI of Wyo- hospitalized for a month. Before she lems. ming for leading the markup of S. 510. got to the aquarium, Rylee ate a salad. The bill will increase the frequency I hope this bill will come to the Senate What she didn’t know was the salad of inspection at all food facilities, ac- floor. I know my Republican colleagues contained spinach that was laced with cording to the risk they present. Be- who have joined me as cosponsors be- E. coli. The next day, Rylee had a cause FDA does not currently have the lieve, as I do, this is a step in the right stomach ache and severe diarrhea. resources or statutory mandate to in- direction of ensuring the food supply in Her condition continued to worsen. spect more frequently, most facilities America is even safer. Days later she was in excruciating are only inspected by the FDA about Mr. President, I yield the floor. pain. Her blood pressure was abnor- once every decade. The FDA Food Safe- I suggest the absence of a quorum. mally low. She was dehydrated, and ty Modernization Act will require high- The ACTING PRESIDENT pro tem- her kidneys began to fail. As her par- risk facilities to be inspected annually. pore. The clerk will call the roll. ents watched in horror, Rylee began to Lower risk facilities would be in- The assistant bill clerk proceeded to hallucinate on the hospital bed. Rylee spected every 4 years. call the roll.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27774 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 Mr. ALEXANDER. Mr. President, I sentenced to go home and serve as Gov- pected to serve them will not be willing ask unanimous consent that the order ernor for 2 terms and try to implement to serve them. I will say more about for the quorum call be rescinded. the Medicaid Program, which is bank- that in a minute. The ACTING PRESIDENT pro tem- rupting States and ruining public high- So how in the world, in the light of pore. Without objection, it is so or- er education. I am not facetious when I these conditions, could we even be dered. say that because if we have a chance to thinking about a provision in this Mr. ALEXANDER. Mr. President, read these bills and know what they health care bill that would add tens of would you kindly let me know when 9 cost, they have the potential to lit- billions of new costs to the States? We minutes have expired in my remarks? erally bankrupt States and ruin public decide in Washington that it is a great The ACTING PRESIDENT pro tem- higher education. idea to expand health care, but we send pore. The Senator will be notified. But do not take my word for it. Here the bill to the Governors and the legis- Mr. ALEXANDER. Thank you, Mr. is the Nashville Tennessean and the lators who are in their worst fiscal con- President. Knoxville News Sentinel writing about dition since the Great Depression. f Governor Bredesen of Tennessee. That is called an unfunded mandate. Knoxnews.com reports: ‘‘relentless bad If we think it is such a great idea to HEALTH CARE REFORM news.’’ Now, Tennessee is ‘‘fiscally bet- dump 14 million more Americans into a Mr. ALEXANDER. Mr. President, not ter off than many States.’’ The ‘‘short- low-income program called Medicaid— long ago, eight Democratic Senators fall is less severe than the Bredesen ad- for which 50 percent of doctors will not wrote to the majority leader and said ministration estimate[d].’’ ‘‘But there see new patients because they are so what all 40 Republican Senators have is no quarrel,’’ according to the State’s under-reimbursed—then we should pay expressed and what most Americans—I largest newspapers, that Tennessee’s for it somehow in the Federal budget think maybe 99 percent of Americans— State government ‘‘faces a grim situa- instead of dumping the bill onto the would say we need to do. They said: Be- tion’’—‘‘$750 million in cuts.’’ Then States. fore we proceed to a vote on the health things got worse because the money For Tennessee, the costs will be, ac- care bill that is so much in discussion coming in this year is less than was ex- cording to Governor Bredesen, who is a across this country today, that we, No. pected. The Governor ‘‘has told his de- Democrat and the cochairman of the 1, have a complete legislative text; partment heads to present him with National Governors Association health that we, No. 2, have a complete esti- suggestions for budget cuts of 6 percent care caucus—he says this will cost our mate of its costs from the Congres- and to include contingency plans for State $1.4 billion over the next 5 years. sional Budget Office; and, No. 3, it be adding another 3 percent.’’ This is real money. How much on the Internet for 72 hours so the Those are real cuts. We talk about money? Well, based on my experience American people can read it—read the cuts in Washington. We talk about re- as Governor, I do not see how the State text, know what it costs, have time to ducing the rate of growth. Those are of Tennessee could afford to pay that consider both. not real cuts. In Tennessee and in Cali- without instituting a new State in- We are looking forward to that bill. fornia and in Illinois, and all across come tax or without doing serious What we know is, we have a 2,000-page this country, cuts are cuts. You spend damage to higher education in Ten- bill that has been passed by the House less this year than you did the year be- nessee or both. And I believe it is true of Representatives narrowly. The ma- fore. of every State in America. The major- jority leader has had in his office a se- ‘‘Layoffs . . . are likely, the Gov- ity leader thought it was true of his cret bill that he is working on which ernor says.’’ ‘‘This will be my toughest State, so he fixed it for his State and we have not seen yet. budget year.’’ three others, but for just 5 years. Then This morning, I would like to talk Charles Sisk, writing in the Ten- what happens after the 5 years? Well, about one of the reasons it is impor- nessean of November 16, says: you put the bridge out on the chasm a tant we be able to read the text, know Tennessee might release as many as 4,000 little further and you fall off as far or what it costs, and know how it affects non-violent felons, possibly even including maybe farther than you already would. each American. We have talked a lot people convicted of drug dealing and robbery, Forty percent of physicians, accord- about how the bills we have seen so far under a plan outlined Monday by the Depart- ing to a 2002 Medicare Payment Advi- have the effect of raising insurance ment of Correction to deal with the state’s sory Committee survey, restrict access premiums, increasing taxes, cutting budget crisis. for Medicaid patients. So we are saying Medicare, and increasing the Federal The National Governors Association, here we have a great health care re- debt, when what we are supposed to be in an analysis last week, points out a form bill and not only is it going to doing is reducing the cost of health combination of the economic down- bankrupt States but it doesn’t do any care for individuals and families and turn—the deepest since the Great De- favors for a great many low-income reducing the cost of health care to the pression—and the increase in State Americans, because we are putting government which is spiraling out of Medicaid—now, this is not Medicare for them in a system where 40 percent of control in terms of deficit spending. seniors we are talking about; this is doctors won’t see them freely, and 50 But all of that obscures an even more the largest program for low-income percent of doctors won’t see new Med- serious problem with the health care Americans, 60 million Americans for icaid patients at all. In some States, bills we have seen so far; that is, the ef- which States pay about one-third of the number of doctors who will see ba- fect on the States. As a former Gov- that cost, which the health care plans bies, who will see children, is as low as ernor of Tennessee, that is what I want we have seen intend to dump about 14 20 or 30 or 40 percent. So as a way of to address for a few minutes this morn- million more Americans into—spend- partially dealing with that, the House ing. ing for those programs average 8 per- bill says, OK, States are going to be re- I picked up my newspaper in Nash- cent growth this year, while Governors quired to pay primary care doctors who ville on Sunday morning, and here was such as Governor Bredesen are making see Medicaid patients as much as Medi- the headline: ‘‘[Governor] Bredesen actual cuts. Well, you can imagine care doctors are paid. That adds an- Faces Painful Choices as [Tennessee] what that is doing to other important other big new bill to the State, runs up Begins Budget Triage.’’ ‘‘Triage’’—that State programs and tuition. the State taxes, runs up the college is a sort of talk usually reserved for an The Washington Post reported what tuition payments when the States are emergency room. the Office of the Actuary at the Cen- unable to properly fund the colleges I have said several times—and some ters for Medicare and Medicaid Serv- and the universities and the commu- people, I am sure, thought I was being ices said over the weekend; which is, nity colleges. So my colleagues can see facetious—that any Senator who votes generally speaking, when we add more why this is so much trouble: billions to expand Medicaid and transfer enor- people to the Medicaid Program the more for the Federal Government; bil- mous costs to the States ought to be doctors and the hospitals who are ex- lions more for the States. Then it is

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27775 like giving the low-income Americans And that was before things got worse. Ac- But Senate Speaker Ron Ramsey, a Repub- who end up in this government pro- cording to the state Department of Finance lican who is seeking his party’s nomination gram, which is expanding, a ticket to a and Administration, which is part of for election as governor next year, said he bus line that doesn’t operate half the Bredesen’s administration, state tax collec- generally agrees with the Bredesen approach. tions are already $101.3 million less than as- ‘‘The governor is doing exactly as I’ll do time, because half the doctors won’t sumed when this year’s budget was enacted. when I’m governor,’’ he told reporters last see new Medicaid patients. ‘‘The stimulus has kind of concealed week. The ACTING PRESIDENT pro tem- what’s been going on in terms of revenues,’’ ‘‘It’s going to be a tough budget year. The pore. The Senator has 1 minute re- Bredesen said. only upside is that people realize we’re in maining. Overall, federal funding provides about tough times and it’s not going to be easy.’’ Mr. ALEXANDER. Thank you very $12.1 billion of the $29.6 billion state budget Tennessee is apparently in better shape, much, Mr. President. this year. General state taxes provide about fiscally speaking, than many other states. $12.6 billion—the shrinking portion that In a rating of all 50 states’ fiscal status Add to all of that the idea of dump- last week, the Pew Center for the States de- ing 14 million more low-income Ameri- funds general state government—with the rest coming from earmarked revenues such clared that there are 10 states threatened cans into the Medicaid Program not as college tuition and license fees. with ‘‘economic disaster,’’ with California only ruins States fiscally, hurts public The Legislature’s Fiscal Review Com- leading the list. The rating assigned a score higher education in the States, puts mittee staff has calculated that the state for each state, with the higher scores indi- these patients in programs that doc- revenue shortfall currently is just $7.2 mil- cating a more dangerous financial situation. tors won’t see; it is a program where $1 lion below what it was projected back when California had a 30, and all the others in out of $10 is wasted by fraud and abuse, the current budget was presented to law- the top 10 problem states had a score of 22 or makers. An explanation of the differences greater. according to the Government Account- Tennessee’s score was 15, the same as ability Office. gets pretty complex, including a committee estimate that the state’s tax take will de- North Carolina. Other border states have Republicans suggest that instead of cline more dramatically in the next few lower scores, including Arkansas at 14 and these comprehensive, sweeping, 2,000- months than does the Bredesen administra- Virginia at 13, while others had higher page bills that raise taxes, raise pre- tion’s projection of a rebound. scores, including Kentucky at 21 and Mis- sissippi at 20. miums, raise the debt, add to State A VERY DEEP HOLE taxes, hurt higher education because of But there is uniform agreement that the [From the Washington Post, Nov. 15, 2009] what I described, and put low-income state’s budget picture is grim. REPORT: BILL WOULD REDUCE SENIOR CARE Americans into a program that half the ‘‘The state remains in a very deep hole (By Lori Montgomery) doctors won’t see, we should move step that it is not going to climb out of in this by step to reduce costs. We should budget year,’’ said Jim White, executive di- A plan to slash more than $500 billion from start with small business health plans rector of the Fiscal Review Committee. future Medicare spending—one of the biggest ‘‘That hole is going to require very painful sources of funding for President Obama’s that allow businesses to pool their re- proposed overhaul of the nation’s health-care sources and insure more people at a and drastic budget reductions across much of state government. The only question is how system—would sharply reduce benefits for lower cost; allow purchasing of health bad it will be.’’ some senior citizens and could jeopardize ac- insurance across State lines; reduce White says $290 million in cuts will be cess to care for millions of others, according the number of junk lawsuits against needed in addition to the programmed $750 to a government evaluation released Satur- doctors; create health insurance ex- million in cuts. day. changes so more Americans can shop Bredesen, accepting his staff calculations, The report, requested by House Repub- for cheaper health insurance; and do has told his department heads to present him licans, found that Medicare cuts contained in with suggestions for budget cuts of 6 percent the health package approved by the House on something about waste, fraud, and Nov. 7 are likely to prove so costly to hos- abuse. If we were to take those steps, and to include contingency plans for adding another 3 percent in cuts if things go even pitals and nursing homes that they could that would be real health care reform worse than expected. That process begins stop taking Medicare altogether. because it would be reducing costs to Monday with the Department of Education. Congress could intervene to avoid such an the American people and to our govern- The state funds public schools statewide outcome, but ‘‘so doing would likely result ment. through the Basic Education Program. The in significantly smaller actual savings’’ than Mr. President, I ask unanimous con- governor and the Legislature avoided cuts to is currently projected, according to the anal- ysis by the chief actuary for the agency that sent that the articles I referred to ear- the BEP for the current year. Avoiding them again, Bredesen said, will administers Medicare and Medicaid. That lier be printed in the RECORD. would wipe out a big chunk of the financing There being no objection, the mate- be a priority. But any increase in education funding, such as needed for making more for the health-care reform package, which is rial was ordered to be printed in the children eligible for pre-kindergarten pro- projected to cost $1.05 trillion over the next RECORD, as follows: grams, is forgotten. decade. [From knoxnews.com, Nov. 15, 2009] Another priority is honoring commitments More generally, the report questions whether the country’s network of doctors NEWS ON STATE BUDGET GRIM to economic development projects, Bredesen and hospitals would be able to cope with the (By Tom Humphrey) has said. Keeping education and economic develop- effects of a reform package expected to add NASHVILLE—Phil Bredesen, preparing the ment commitments whole, of course, re- more than 30 million people to the ranks of last state budget he will present as Ten- quires deep cutting in other areas, such as the insured, many of them through Medicaid, nessee’s governor, will begin on Monday the Department of Children’s Services or the the public health program for the poor. hearing recommendations from his most Department of Mental Health, which were In the face of greatly increased demand for trusted advisers on how to cut spending aided by federal stimulus money this year. services, providers are likely to charge high- plans to account for relentless bad news. er fees or take patients with better-paying Tennessee, according to a nationwide EMPLOYEE FURLOUGHS AN OPTION private insurance over Medicaid recipients, study released last week, is fiscally better Layoffs of state employees are likely, the ‘‘exacerbating existing access problems’’ in off, than many states. Further, according to governor says, though he will look at alter- that program, according to the report from a legislative committee’s staff calculations, natives such as furloughs. Richard S. Foster of the Centers for Medi- the current state revenue shortfall is less se- ‘‘This will be my toughest budget year,’’ care and Medicaid Services. vere than the Bredesen administration esti- said Bredesen, who will leave office in Janu- Though the report does not attempt to mates. ary 2011, after his successor is elected next quantify that impact, Foster writes: ‘‘It is But there is no quarrel with the general year. ‘‘I hate to go out that way, but that’s reasonable to expect that a significant por- proposition that Tennessee state government the way it is.’’ tion of the increased demand for Medicaid faces a grim situation. Bredesen has taken some partisan criti- would not be realized.’’ The budget plan adopted in June and now cism for the budget situation. Senate Repub- The report offers the clearest and most au- in place for the present fiscal year, which lican leader Mark Norris, for example, re- thoritative assessment to date of the effect began July 1, includes the anticipation that cently declared Bredesen should have made that Democratic health reform proposals about $750 million in cuts will be needed for deeper cuts in the current budget in accord would have on Medicare and Medicaid, the the fiscal year beginning July 1, 2010—most with a GOP proposal that the Democratic nation’s largest public health programs. It of that amount in reductions avoided this governor branded ‘‘stupid’’ during the legis- analyzes the House bill, but the Senate is year by using federal stimulus money. lative session. also expected to rely on hundreds of billions

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27776 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 of dollars in Medicare cuts to finance the Bredesen’s administration, state tax collec- of the depth and length of the economic package that Majority Leader Harry M. Reid tions are already $101.3 million less than as- downturn, and state officials do not expect (D–Nev.) hopes to take to the floor this sumed when this year’s budget was enacted. this situation to improve any time soon. week. Like the House, the Senate is expected Previous downturns have proven that the to propose adding millions of people to Med- [From the Tennessean, Nov. 16, 2009] worst budget years for a state are the two icaid. STATE MAY RELEASE PRISONERS TO CUT years after the national recession is declared The Centers for Medicare and Medicaid COSTS over. States’ recoveries from the current re- Services administers the two health-care cession, however, may be prolonged with (By Chas Sisk) programs. Foster’s office acts as an inde- most economists projecting a slow and po- pendent technical adviser, serving both the Tennessee might release as many as 4,000 tentially jobless national recovery. More- administration and Congress. In that sense, non-violent felons, possibly even including over, even when recovery begins, states will it is similar to the nonpartisan Congres- people convicted of drug dealing or robbery, continue to struggle because they will need sional Budget Office, which also has ques- under a plan outlined Monday by the Depart- to replenish retiree pension and health care tioned the sustainability of proposed Medi- ment of Correction to deal with the state’s trust funds and finance maintenance, tech- care cuts. budget crisis. nology and infrastructure investments that In its most recent analysis of the House Correction Commissioner George Little were deferred during the crisis. They will bill, the CBO noted that Medicare spending said the department would have no choice also need to rebuild contingency or rainy per beneficiary would have to grow at rough- but to recommend early release of inmates if day funds. The bottom line is that states will ly half the rate it has over the past two dec- it were to implement the budget cuts called not fully recover from this recession until ades to meet the measure’s savings targets, for by Gov. Phil Bredesen. The department late in the next decade. a dramatic reduction that many budget and has already squeezed out savings and left The Current Situation—The recent eco- health policy experts consider unrealistic. more than 300 positions unfilled, and it is re- nomic downturn started in December 2007 ‘‘This report confirms what virtually every lying heavily on federal stimulus funding in and likely ended in August or September independent expert has been saying: [House] its current budget, he said. 2009, making it one of the deepest and long- Speaker [Nancy] Pelosi’s health-care bill ‘‘This isn’t scare tactics,’’ he said. ‘‘We’ve est since the Great Depression. State reve- will increase costs, not decrease them,’’ said got to make ends meet. . . . We would not nues were down 4.0 percent in the last quar- Rep, Dave Camp (Mich.), the senior Repub- propose these sorts of very serious and ter of calendar year 2008, and 11.7 and 16.6 lican on the House Ways and Means Com- weighty options if we were not in such dire percent in the first two quarters of 2009, re- mittee. ‘‘This is a stark warning to every Re- circumstances.’’ spectively. These findings are consistent publican, Democrat and independent worried Bredesen, who does not have to submit his with the Fiscal Survey of States estimate about the financial future of this nation.’’ budget plan until Feb. 1, did not commit to that state revenues declined 7.5 percent in Democrats focused Saturday on the posi- the plan. fiscal year (FY) 2009, which for most states tive aspects of the report, noting that Foster ‘‘If you were going to take that dramatic ended June 30, 2009. concludes that overall national spending on step, I would only want to do it with the as- Revenues will likely continue down for an- health care would increase by a little more surance that I got the budget savings I would other one or two quarters before turning up than 1 percent over the next decade, even expect,’’ Bredesen said. slowly. This precipitous drop in state reve- though millions of additional people would The plan, which Little described on the nues is consistent with past recessions in gain insurance. Out-of-pocket spending first day of state budget hearings, would in- which the trough in state revenue generally would decline more than $200 billion by 2019, volve releasing prisoners from local jails, coincides with the peak in unemployment. with the government picking up much of saving the department in per diem expenses. Most economists forecast that unemploy- that. The Medicare savings, if they material- To meet Bredesen’s goal of cutting 6 per- ment will continue to increase for several ized, would extend the life of that program cent, or $35 million, from the Department of months and possibly into the first quarter of by five years, meaning it would not begin to Correction’s budget, as many as 2,155 in- 2010. require cash infusions until 2022. mates held in local jails would need to be re- Similarly, Medicaid spending, which is ‘‘The president has made it clear that leased, Little said. Another 1,078 prisoners about 22 percent of state budgets, averaged health insurance reform will protect and would need to be released from the state’s 7.9 percent growth in FY 2009, its highest strengthen Medicare,’’ said White House jails if Bredesen were to call for an addi- rate since the end of tile last downturn six spokeswoman Linda Douglass. ‘‘And he has tional cut of 3 percent, as the governor has years ago. Medicaid enrollment is also spik- also made clear that no guaranteed Medicare indicated he might do. ing, with projected growth of 6.6 percent in benefits will be cut.’’ Alternatively, the department could close FY 2010 compared with 5.4 percent in 2009. Republicans argued that the report fore- one or two of the state’s 14 prisons, a move The combination of falling revenues, which casts an increase in total health-care spend- that would result in the release of about accompany high unemployment,and an ex- ing of more than $289 billion. 4,000 felons. Such a move would likely result plosion in Medicaid enrollment, which oc- in the release of more dangerous criminals, curs very late in an economic downturn, ex- [From the Knoxville News Sentinel, Nov. 15, but it would prevent local sheriffs, judges plain why a recession’s greatest impact on 2009] and district attorneys from replacing in- state budgets occurs one to two years after BREDESEN FACES PAINFUL CHOICES AS TN mates who were released with other crimi- the downturn is over. States’ budget prob- BEGINS BUDGET TRIAGE nals. lems are reflected in the latest Fiscal Survey (By Tom Humphrey) In either scenario, the department would of States, which shows states closed budget aim to release inmates who had committed Phil Bredesen, preparing his last state gaps of $72.7 billion in FY 2009 and $113.1 bil- Class C, D or E property crimes. Class C felo- budget as Tennessee’s governor, will begin lion in FY 2010. This includes tax and fee in- nies include crimes such as drug dealing, on Monday hearing recommendations from creases of $23.8 billion in 2010. Even with cuts bribery and simple robbery and carry a sen- his most trusted advisers on how to cut and tax increases, states are experiencing tence of three to 15 years. Class D and Class spending to account for relentless bad news. new budget shortfalls totaling $14.5 billion E felonies are less serious crimes. Tennessee, according to a nationwide for 2010 and $21.9 billion for 2011. Given pro- The state currently has about 19,700 in its study released last week, is fiscally better jected revenue shortfalls, however, these prisons, but the department already had off than many states. Further, according to shortfalls will increase dramatically over plans to reduce that population to 18,500 in- a legislative committee’s staff calculations, the next several months. mates with the closure of the state prison in the current state revenue shortfall is less se- The American Recovery and Reinvestment Whiteville at the end of next year. Most of vere than the Bredesen administration esti- Act (ARRA)—Of the $878 billion in ARRA the budget for that facility had come from mates. funds, about $246 billion came to or through But there is no quarrel with the general the $48 million in federal funding that the states in more than 40 programs. Most im- proposition that Tennessee state government department is getting during the current fis- portantly, the $87 billion in Medicaid funds faces a grim situation. cal year—money that will largely disappear and the $48 billion in state stabilization The budget plan adopted in June and now once the stimulus program has run its funds were flexible and allowed states to off- in place for the present fiscal year, which course. set planned budget cuts and tax increases. began July 1, includes the anticipation that ‘‘We’ve, frankly, exhausted all of our op- The Medicaid funds allowed states to repro- about $750 million in cuts will be needed for tions other than, frankly, prison population gram state funds that were originally to the fiscal year beginning July 1, 2010—most management,’’ Little said. fund Medicaid expansions, while the edu- of that amount in reductions avoided this cation money was targeted for elementary, year by using federal stimulus money. THE STATE FISCAL SITUATION: THE LOST secondary and higher education, which rep- And that was before things got worse. Ac- DECADE resents about one-third of state spending. If cording to the state Department of Finance The fiscal condition of states deteriorated Congress had not made these funds available, and Administration, which is part of dramatically over the last two years because state budget cuts and tax increases would

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27777 have been much more draconian and dev- a lot of money in our State. Plus, there swered these questions for us. On Sat- astating to state governments, their employ- are these tremendous access problems, urday, the following day, the chief ac- ees and citizens. Both the ARRA Medicaid how to get people into Medicaid. So I tuary of the Obama administration’s and education funds expire at the end of De- CMS released a report that analyzed cember 2010. States must plan for the serious wish to associate myself with his com- cliff in revenues they will face at that time. ments. the recently passed House legislation. The Recovery Period—While there is still I wish to speak today, if I could, Why is that important? It is important uncertainty regarding the shape of the re- about some townhall meetings I had because the House has finished its covery, there seems to be a growing con- back home in Nebraska this last week. work for now and, ultimately, if the sensus that it will be slow. Numerous studies As soon as we recessed, I headed home. Senate were to pass a bill, it is the project that state revenues will likely not In about 48 hours we had four townhall House bill and the Senate bill that will recover until 2014 or 2015. A recent forecast meetings. Boy, if I were to give some be conferenced. It concluded this: by Mark Zandi at Economy.com showed that the national unemployment rate, which advice, I would say whenever this bill There are decreases in access to health straddled 5.5 percent during the 2001–2007 pe- comes out we should call a recess for a care services. Medicare payments to riod, will not attain that level again until week. We should all agree upon it in a hospitals and nursing homes are re- 2014. Similarly Zandi’s latest forecast indi- bipartisan way, and we should go duced over time based on certain pro- cated that state revenues will not return to home, and we should listen to the peo- ductivity targets. the 2008 level in real terms until FY 2013. As ple. I got so much good prairie wisdom, The idea is that by paying institu- mentioned above, until employment im- as I call it, from the folks back home. tions less money, they will be forced to proves, state revenues will continue to strug- I wish to talk about that today. become more productive. I will tell my gle. Work by the Nelson A. Rockefeller Insti- colleagues that in Nebraska, if you tute of Government similarly indicates that One of the things I talked about as I per capita real revenues will not reach the was making my presentation is the have a critical access hospital in a 2007 level until 2014. Making matters worse, proposed Medicare cuts and the impact rural area and it is serving 25 patients, economist Robert Kuttner has indicated that it has on Nebraskans, real people. The today they are as productive as they the states’ fiscal shortfalls will be about $350 impact on the current Nebraska health can possibly get. If you have a nursing billion over the next several years. care delivery system cannot be denied. home in a small community and your Deferred Investments—Even when recovery DISH hospitals we estimate today—and idea as the Governor or as the family is begins in the 2014–2015 period, states will be that a loved one can stay close to faced with a huge ‘‘over hang’’ in needs and again we will see the final bill and we will have to accelerate payments into their will figure out what the exact numbers home, they are about as productive as retiree pension and health care trust funds, are—but the estimate is there will be they can get. as well as fund deferred maintenance and $142 million in cuts to those hospitals. Congress could intervene and say, technology and infrastructure investments. Our nursing homes across the State well, we are not going to make those They will also have to rebuild contingency that do such a great job with our senior cuts in the years to come, but the actu- or rainy day funds. All of these needs were population estimate cuts of about $93.2 ary said, and I am quoting: ‘‘So doing postponed or deferred during the 2009–2011 pe- million. Home health is a program I would likely result in significantly riod and will have to be made up toward the smaller actual savings.’’ end of the decade. According to a 2007 Pew have always respected and what they do. The idea is, if we can keep people in So there we have it. We have experi- Center on the States report, states have an ence in this area where every year Con- outstanding liability of about $2.73 trillion in their home longer versus a nursing employee retirement, health and other bene- home, that saves money. So I promoted gress doesn’t take the action, And it fits coming due over the next several dec- it as a Governor and I promote it now. doesn’t bend the cost curve, according ades, of which more than $731 billion is un- They are projecting $126 million in to this expert. Earlier this year the President said— funded. cuts. By 2016, it is estimated that 66 The bottom line is that states will con- and I am quoting—that this ‘‘will slow percent of Nebraska home health agen- tinue to struggle over the next decade be- the growth of health care costs for our cies will be operating in the red. Then, cause of the combination of the length and families, our businesses, and our gov- hospice estimates they will have a 12- depth of this economic downturn and the ernment.’’ projected slow recovery. Even after states percent payment reduction. That is a Yet CMS forecasts an actual increase begin to see the light, they will face the real impact on services because in our in total health care spending of more ‘‘over-hang’’ of unmet needs accumulated hospice systems, oftentimes people are during the downturn. The fact is that the than $289 billion over the next 10 years. driving long distances to provide that I am quoting here again from that re- biggest impact on states is the one to two service. Then Medicare Advantage, years after the recession is over. With states port: which is a popular program back home, having entered the recession in 2008, revenue With the exception of the proposed reduc- shortfalls persisting into 2014 and a need to especially with poor citizens in rural tions in Medicare payment updates for insti- backfill deferred investments into core state areas—about 35,000 Nebraskans cur- tutional providers, the provisions of H.R. functions, it will take states nearly a decade rently have plans, and as my col- 3962 would not have a significant impact on to fully emerge from the current recession. leagues know, that has a big bull’s-eye future health care cost growth rates. In addi- Mr. ALEXANDER. I thank the Chair on it for cuts. Some say that wasn’t a tion, the longer-term viability of the Medi- and yield the floor. very good program, but I will tell my care update reductions is doubtful. The ACTING PRESIDENT pro tem- colleagues the people who have that In other words, Health and Human pore. The Senator from Nebraska is program like it. Service experts don’t believe it is even recognized. Citizens came to me and they shared viable to make the kinds of cuts that Mr. JOHANNS. Mr. President, thank concerns about access to care. They are proposed long term. Even if Con- you. I rise today to also speak about shared concerns such as: Is this going gress has the will to make the cuts, health care. I will tell my colleagues to bring down the cost of health care? health care costs are going up, not when the Senator from Tennessee was Those are promises that have been down. Let me repeat this. This bill talking about Medicaid, we former made as this health care debate has un- drives up the cost of health care, not Governors can relate to what he was folded. Our President has made those down. Astounding, absolutely astound- saying. I had the opportunity, as the promises. Questions were raised such ing. Presiding Officer knows, to be Gov- as: How about Medicare? What impact It doesn’t allow you to keep the plan ernor of Nebraska for 6 years, and Med- will it have? Are there going to be neg- if you like it. How many times was icaid was an enormous challenge. It is ative impacts? Today, as I did during that promise made? By 2014, Medicare eating up State budgets. States are the townhalls, I wish to try to address Advantage enrollment would drop 64 struggling. My own State, which has these questions. percent from 13.2 million to 4.7 million done better than just about every other In fact, I wrapped up my townhalls because benefits would be cut. Every State in the country, is in special ses- on Friday in Lincoln, NE, and then the single advocacy group for senior citi- sion today trying to figure out how to experts over at the Center for Medicare zens should be on the phone today call- find cuts of about $330 billion, which is and Medicaid Services actually an- ing Senators to say, Don’t go there.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27778 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 This hurts seniors. Also, insurance There are two Senate versions that all the costs are going to be passed on plans will have to be government ap- have passed Senate committees. The to business? How are we going to be proved. In our State, I saw an estimate Finance Committee has passed a bill. able to continue to cover our employ- that said 61 percent of our plans are The Health, Education, Labor and Pen- ees? What will that mean for people in not going to be in compliance and sions Committee has passed a bill. But terms of coverage? would have to be changed. the merger of those bills is occurring I agree with the Senator from Illi- When it comes to health care, it is behind closed doors in direct contradic- nois, who said cost is the issue. That is often suggested to get a second opin- tion of what was promised earlier what I care about, and that is what the ion. Well, I think here in the Senate we about health care reform. President people in South Dakota care about. should follow this advice. Before we Obama said when we do health care re- How do we get the cost for health care perform major surgery, very high-risk form, it is going to be an open, trans- and health care coverage down? surgery on the Nation’s health care parent process. The American people The ironic thing we have seen about system—16 percent of our economy—we are going to be able to observe this. In all these bills so far is none of them should get a second opinion. That is fact, it is going to be done on C–SPAN. does anything to get costs down. All of why I sent a letter to the majority Well, nothing could be further from the them increase costs. So the so-called leader last Thursday and I asked for a truth, because it is all happening be- curve we talk about—bending the cost CMS actuary to analyze the Senate bill hind closed doors. curve down—isn’t happening under any before it is voted on so we can deter- So when we come out here and talk of these bills. We have not seen the mine if the legislation bends the cost about health care reform, we are left Senate bill because it is still being curve, and I am proud to report today with talking about a House bill because written behind closed doors. The that already I have 24 colleagues join- there is no Senate bill. We are told House-passed bill—the 2,200-page mon- ing me in signing that letter. All we that this week we are going to see it, strosity that passed the House of Rep- are doing is asking the majority leader: and I hope that is the case, because we resentatives earlier—and the Senate Please get a second opinion before you would love to be able to react to the bills we have seen so far that have been perform this high-risk surgery on our Senate bill and we would love to know produced by committees all have the health care system. what it is going to cost, and the Amer- same basic characteristics about them. I will tell one last story from a town- ican people would love to know what it The first one is, they raise taxes sub- hall meeting that occurred in Grand Is- is going to cost. We would also love to stantially. They raise taxes—in a con- land, NE. This will be my last thought. have some time to look at it before we tradiction of promises made by the A young man gets up and he says this, start voting on it in the Senate. President—on people making less than and I am quoting: My understanding is this is going to $200,000 and those making less than What will you do to me and my generation, be a compressed schedule. They are $100,000. In fact, because of the indi- to me and my child? Will you ransom my fu- going to try to get a vote this week on vidual mandate in the House-passed ture for your own? a motion to proceed to this bill, and bill, people making $22,800 a year and Our best intentions might end up de- come back after Thanksgiving and try up to $68,400 a year will see a huge tax stroying his American dream and the to rush this through the Senate before increase that will hit them. Small busi- dream of his child. This is high risk, the Christmas holiday, a bill that rep- nesses, because of the pay-or-play man- what we are doing here. Let’s get the resents one-sixth of the American date, which under the House bill sup- best opinions we can before we act. posedly raises $135 billion, are going to Thank you, Mr. President. I yield the economy. The House bill was 2,200 see their taxes go up. The high-income floor. pages long and the Republicans were The ACTING PRESIDENT pro tem- allowed 1 amendment, 1 amendment in earners making $500,000 and above will pore. The Senator from South Dakota the House. I think we are going to have see their taxes go up because there will is recognized. to make sure, in the Senate, this gets be a surtax applied to the high-income Mr. THUNE. Mr. President, how done right. That will take some time. earners. much time remains on our side? When the No Child Left Behind legis- The problem with that is, this The ACTING PRESIDENT pro tem- lation was debated in the Senate, it doesn’t just hit high-income earners, it pore. There is 9 minutes 15 seconds re- took 7 weeks on the floor. We had a hits small businesses because of the maining. comprehensive energy bill a few years way they are organized, as subchapter Mr. THUNE. Mr. President, I wish to ago that took 8 weeks on the floor of S corporations or LLCs, to file on their say to my colleague from Nebraska, the Senate. The farm bill that passed individual tax returns. CBO has said former Governor and now Senator from in the last session took 4 weeks on the one-third of the tax increases targeted that State, that I am one of the sig- floor of the Senate. We need to make at the so-called rich will hit small natories on the letter he has sent re- sure this gets done in the right way for businesses, which are the job creators questing we get cost data before we the American people. We don’t even in our economy, the engine of eco- move forward with this and what the have a bill yet. That is why we are nomic recovery in America. They say impact is going to be, because that is down here talking about the bills that three-quarters to two-thirds of our jobs the issue. were so far out there. are created by small businesses. We are I have listened to some of the discus- The Senator from Illinois also said going to raise taxes on them. In fact, sion that has occurred on the floor this the main concern the American people the highest marginal income tax rate, morning. The Senator from Illinois was have is cost—costs keep going up. I had if this passes, next year, with the expi- down here earlier, Mr. DURBIN, saying a roundtable in my State, in Sioux ration of tax cuts that were enacted in that the Republicans are attacking the Falls, last week. The Governor, Gov- 2001 and 2003, will go from 35 percent to House bill. Why are they attacking the ernor Rounds, participated, as did sev- 46.4 percent. That is the highest mar- House bill? Why aren’t they talking eral small business owners, including a ginal income tax rate we have seen in about the Senate bill? Well, it is very restaurant owner, a retail pharmacy, a 25 years. It is going to hit squarely simple. There is no Senate bill. It is chain drugstore manager, and a small small businesses that we are relying on being written behind closed doors. We business owner who manufactures wood to try to get us out of this recession have not been included in any of that. products. and create jobs. This health care re- We have not been privy to any of the They were all concerned about the form is all financed with higher taxes, discussions that are occurring behind same thing—costs. They said: How are with Medicare cuts. closed doors. So when we come down we going to provide good coverage to I talked about the characteristics here and talk about health care reform, our employees? What are we going to consistent with regard to all these pro- we are confined to talking about the do if this massive expansion of the Fed- posals: You have higher taxes, and you House-passed bill because there isn’t a eral Government—$3 trillion, when it is have Medicare cuts to the tune of one- Senate bill. fully implemented—passes and when half trillion dollars a year, which, as

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27779 my colleagues already pointed out this businesses the advantage of group pur- 13th—and that was kind of an inter- morning, are going to hit not only pro- chasing power, tort reform. We have a esting day for this—when Khalid viders but also seniors. Medicare Ad- range of things we hope we have an op- Shaikh Mohammed, as announced by vantage Program seniors will see bene- portunity to get to. We have to defeat the President, was going to be tried in fits cut. So you have the individuals this $3 trillion monstrosity. New York City, and they were going to impacted, the providers impacted, and, I yield the floor. move five terrorists into the New York of course, you have most Americans The PRESIDING OFFICER (Mr. City area. I will not debate this thing. impacted in one way or another by the BEGICH). The Senator from Oklahoma It has been worn out in the press. tax increases. is recognized. People realize that if we are going to The final point is the most impor- Mr. INHOFE. Mr. President, during bring these terrorists to the United tant; that is, the other characteristics the course of the day today—and I feel States, they will become targets for these plans have in common, in addi- I can do this since it is my birthday— terrorist activities. Besides that, you tion to higher taxes and Medicare cuts, I had five different subjects I wish to cannot try someone under our court are higher health care costs and higher cover. I will make one comment about system who should be tried under a tri- premiums. The CMS actuary came out the talk just given—the eloquent bunal. The rules of evidence are dif- last week with a report describing the speech just given by the Senator from ferent, and we have a perfect place for House-passed bill, and it says it is South Dakota. that down in Gitmo. Again, I will be of- going to increase the cost of health I think the thing that surprises most fering that amendment. care in this country by $289 billion. We people is, we will have meetings and f spend 17 percent of our GDP on health people will say: Wait a minute, you care today. Under that bill, it would go don’t even know what is in the Senate PRESIDENTIAL TRIP TO CHINA up to 21.1 percent, if we did nothing. bill being written up behind closed Mr. INHOFE. Mr. President, I wish to We would be better off in terms of the doors. The comments we are making— talk about the President’s trip to costs that will be passed on to people most of them—refer to the bill passed China. It appears evident—which we in the form of higher health care ex- in the House. The reason for that is, have known all along—that we are not penses. It said we are going to see in- that is the only thing we have to talk going to be passing anything in this creased costs and that we are going to about. country on cap and trade. We have the see, the chief actuary concluded, 12 I ask unanimous consent that I be bill that is up right now by Senators million people lose their employer- recognized until such time as we move KERRY and BOXER, who have talked sponsored coverage because small em- on, and I understand that is 11:20. about this now for 8 years. Every time ployers would be inclined to terminate The PRESIDING OFFICER. Without they talk about it, there is more and coverage so workers would qualify for objection, it is so ordered. more opposition to it. Right now, the heavy subsidies through the exchange. f interesting thing is that the most re- The biggest number of people who cent polling shows that only 4 percent will be covered will be those who are GUANTANAMO BAY of the American people think this is a pushed into Medicaid, which, under Mr. INHOFE. First of all, right after problem. Four percent are wrong and this proposal, does expand signifi- the conference luncheon, we are going the 96 percent are right. cantly. The problem with that is, it to have my amendment having to do Nonetheless, in China, keep in mind, passes on enormous costs to the States. with Gitmo. This is a very simple one- their output of CO2 emissions could You heard the former Governor of Ne- page amendment that states that none amount to twice the combined emis- braska and the former Governor of of the funds appropriated, or otherwise sions of the world’s richest nations, in- Tennessee talk about that. My Gov- made available by this act—on cluding the United States, the Euro- ernor, Governor Rounds, in South Da- MILCON—or any prior act may be used pean Union, and Japan. Consequently, kota, said we are going to be faced with to construct or modify a facility or fa- the problem there is China, India, Mex- $134 million in increased costs to the cilities in the United States or its ter- ico, and the developing countries. We States to pay for this because Medicare ritories, to permanently or temporarily all know nothing will pass this body is a partnership between the States and hold any individual who is detained as that doesn’t treat the developing coun- the Federal Government. So any ben- of October 1 of 2009 at Gitmo. tries as developed nations. efit we get—about 60 percent of the You might wonder, we have been I will not dwell on this. At a later people who will get coverage because of talking about this, and I have actually time, I will. I plan to make a very the bill will get it through Medicaid at had pass two amendments that do al- long—well over an hour—talk. I am an enormous additional cost to the most the same thing. We passed an trying to get some time now to do States, which will be passed on to the amendment to the 2007 resolution 94 to that. This will be the fifth time I have taxpayers in the individual States. 3—a bipartisan amendment to the war done this in the last 6 years concerning So you will have higher taxes on supplemental offered by me and Sen- this particular subject, which is the al- small businesses, higher taxes on indi- ator INOUYE from Hawaii. It passed 90 leged global warming attached to the viduals, and you will have Medicare to 6 in the current Senate Defense ap- CO2 emissions. cuts that will impact seniors and pro- propriations bill. It is in conference. I will say this: As far as what is going viders. The amazing thing about all My concern is, in conference, it may be on right now in China, the Chinese are this is you are going to have higher removed. Keep in mind, we sent this not going to line up and agree, in Co- health care costs when it is all said and language to conference once before, penhagen or anyplace, to start reduc- done. It is remarkable that anything and it came back and merely said that ing their own emissions. Frankly, they could be called health care reform that if the President announces a plan of are the ones who are the big bene- raises costs the way these proposals what to do with those individuals who ficiaries. This is kind of interesting, would do. are incarcerated at Gitmo, we would because even if we did it and the devel- Finally, in response to what the have 45 days to discuss that. It doesn’t oped nations did it, it still wouldn’t other side has said, which is that Re- say we have to agree with the plan he have any material reduction in CO2. publicans don’t have alternatives, that gives. Even if you believed CO2 or anthropo- is wrong again. Republicans have pro- Consequently, there are no teeth in genic gases caused global warming or posed step-by-step solutions that would that. This may be our only chance. climate change, it is still not going to do this right, so it would drive down This is an issue that has always passed work, as Tom Quigley said it would the costs, such as interstate competi- by over 90 votes. So I will have that back when Senator Gore—Vice Presi- tion, allowing people to buy insurance amendment. I hope people will under- dent Gore at that time—tried to do a across State lines; small business stand the whole country was upset study to determine what wonderful group health plans, which would give when they found out on Friday the things would happen if we joined the

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I apologize how much would it reduce the tempera- meaning that the chaplain or whoever to the managers of the bill. I yield the ture? Tom Quigley, a renowned sci- opened the proceedings with a prayer floor. entist, came out with this report and could not invoke the name of Jesus f said it would reduce it by less than Christ in his prayer. seven one-hundredths of 1 degree Cel- In his conclusion, Hamilton wrote: CONCLUSION OF MORNING BUSINESS sius by 2050. So all of the pain, all of If the Speaker chooses to continue any the taxes, the largest tax increase in form of legislative prayer, he should advise The PRESIDING OFFICER. Morning the history of America, and it does not persons offering such a prayer (a) that it business is closed. reduce anything. Consequently, I don’t must be nonsectarian and must not be used f think it is necessary to belabor that. to proselytize or advance any one faith over another. This is the first time and only time MILITARY CONSTRUCTION, VET- China is not going to do it, no matter I believe this has happened in a nomination. ERANS AFFAIRS AND RELATED what the President does on his trip to This will be coming up for confirmation. I AGENCIES APPROPRIATIONS China. hope all of America will be aware of the fact ACT, 2010 f this is happening. The PRESIDING OFFICER. Under f HAMILTON NOMINATION the previous order, the Senate will re- Mr. INHOFE. As I am rounding third UGANDA sume consideration of H.R. 3082, which and heading home, I am concerned that Mr. INHOFE. Mr. President, I under- the clerk will report. we are going to be voting this after- stand my colleagues are getting very The assistant legislative clerk read noon on the nomination of David Ham- close. I want a couple more minutes as follows: ilton to be a judge on the Seventh Cir- and that is to mention something that A bill (H.R. 3082) making appropriations cuit Court of Appeals. I think Ham- is happening today in the Foreign Re- for military construction, the Department of ilton is, without question, a liberal ac- lations Committee. Senator FEINGOLD Veterans Affairs, and related agencies for tivist judge. He believes judges do not has an amendment with which I whole- the fiscal year ending September 30, 2010, and simply interpret the Constitution of heartedly agree. It is actually not an for other purposes. the United States but that judges have amendment. It is a bill having to do Pending: the power to actually change the Con- with the LRA. Let me explain quickly Johnson/Hutchison amendment No. 2730, in stitution when deciding cases, stating what that is. the nature of a substitute. that—this is his quote, Mr. President— The LRA, the Lord’s Resistance Johnson amendment No. 2733 (to amend- ‘‘part of our job here as judges is to Army, has for about 25 years, led by a ment No. 2730), to increase by $50,000,000 the write a series of footnotes to the Con- guy named Joseph Kony in the north- amount available for the Department of Vet- erans Affairs for minor construction projects stitution.’’ This is exactly what our ern part of Uganda, been mutilating for the purpose of converting unused Depart- Founding Fathers did not want us to kids. We have heard of the Child’s ment of Veterans Affairs structures into do. Judges are supposed to interpret Army. They go into the villages and housing with supportive services for home- what we do in this Chamber. kidnap these kids, take them out, less veterans, and to provide an offset. When he was nominated to the dis- teach them how to be warriors, and Inouye amendment No. 2754 (to amendment trict court in 1994, the American Bar once they join up, they send them back No. 2730), to permit $68,500,000, as requested Association rated him as not qualified. to the village to murder their own par- by the Missile Defense Agency of the Depart- I voted against him for a number of ents, their own family. ment of Defense, to be used for the construc- tion of a test facility to support the Phased reasons back in 1994. I don’t very often This has been going on for a long pe- Adaptive Approach for missile defense in Eu- agree with Vice President BIDEN, but I riod of time. This bill is something rope, with an offset. have to say this. Vice President BIDEN about which I am very excited. Finally, DeMint (for Inhofe) amendment No. 2774 made a statement some time ago with we have the attention of the people in (to amendment No. 2730), to prohibit the use which I do agree. That is, if you are in the United States, and that is to join of funds appropriated or otherwise made the Senate and you have a judge who is in and go after this animal named Jo- available by this Act to construct or modify coming up for confirmation by the Sen- seph Kony. a facility in the United States or its terri- ate, and if you oppose that judge when In the last 18 years, the LRA has cap- tories to permanently or temporarily hold any individual held at Guantanamo Bay, he comes up to be a Federal judge, then tured over 20,000 kids. I have been to Cuba. later on when he wants to become a northern Uganda. I have been up Guru. Feingold/Sanders amendment No. 2748 (to circuit judge or even a Justice of the I have watched these kids after they amendment 2730), to make available U.S. Supreme Court, if you opposed have been dismembered, after they cut $5,000,000 for grants to community-based or- him at a lower position, you have to their lips off, cut their ears off, and all ganizations and State and local government oppose him at the next position be- of this. entities to conduct outreach to veterans in cause the bar necessarily goes up. For When this bill first came out, I was underserved areas. that reason and many other reasons, I opposed to it because Senator FEIN- Mrs. HUTCHISON. Mr. President, I will be opposing him. GOLD had to pay for this bill with a re- suggest the absence of a quorum. I think it is important that in 2003, in duction in some of the funds that The PRESIDING OFFICER. The A Woman’s Choice v. Newman, Ham- would otherwise go to the U.S. Air clerk will call the roll. ilton issued an injunction against an Force. That has been taken out. So I The assistant legislative clerk pro- Indiana law that required abortion join him now in saying this is some- ceeded to call the roll. clinics to give women information thing that has to take place. This is Mr. JOHNSON. Mr. President, I ask about alternatives to abortions in the the first time we have actually had the unanimous consent that the order for presence of a physician, nurse, or some- opportunity to bring up this issue, to the quorum call be rescinded. body else—just to have that informa- let it surface. The PRESIDING OFFICER. Without tion. This is inconceivable to me this I personally talked with President objection, it is so ordered. could happen. Museveni in Uganda, President Kagame Mr. JOHNSON. Mr. President, I am Let’s keep in mind also this is the of Rwanda, and President of the east- pleased to report that we are getting same judge who had a ruling—perhaps ern part of Congo. I have been to Goma into the home stretch for the MILCON– the most infamous because of his 2005 where Joseph Kony has kidnaped these VA appropriations bill. We have been

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27781 on this bill 6 days now—I believe a erans’ homelessness and strong Congres- Mrs. HUTCHISON. Mr. President, I record for the MILCON/VA bill. I thank sional support for programs that will help thank Senator JOHNSON. my ranking member, Senator accomplish this goal. While the funding allo- We have worked very well to accom- cated by your amendment is an important HUTCHISON, for her help in clearing modate the requests of our colleagues contribution to fight against homelessness, amendments last evening which has we encourage your leadership in doing even to the extent we could. We will have put us within striking distance of com- more to provide safe and affordable housing the first vote on his amendment. I am pleting this bill today. for all the men and women who wore the uni- going to support Senator JOHNSON’s The first amendment we are sched- form. amendment on homeless veterans. Sec- uled to vote on today is an amendment Sincerely, retary Gates and Secretary Shinseki I have offered that will provide $50 mil- Corporation for Supportive Housing. are at this very moment practically lion for the VA to renovate and use AMVETS. Common Ground. working on a way to better accommo- empty buildings sitting on VA medical Disabled American Veterans. date veterans who are homeless. It is campuses to provide housing with sup- Iraq and Afghanistan Veterans of America. not right for there ever to be a home- portive services for our homeless vets. Jewish War Veterans of the USA. less veteran in our country because The VA Secretary and the President National Alliance to End Homelessness. every one of them has done so much to have made eliminating homelessness National Association of Black Veterans. National Coalition for Homeless Veterans. protect our freedom. among vets a top priority. The amend- National Health Care for the Homeless We do have $500 million in the bill. ment is fully offset by redirecting $50 Council. This would take $50 million that the million over the President’s budget re- National Law Center on Homelessness and Department says they do not need for quest provided in this bill for DOD’s Poverty. other housing assistance for veterans Homeowners Assistance Program National Leased Housing Association. and put it into the homeless sector so which the Pentagon has determined is National Policy and Advocacy Council on there can be a concerted effort to build Homelessness. not currently required. Paralyzed Veterans of America. facilities that would give care, as well This amendment is supported by 16 Vietnam Veterans of America. as shelter, to these veterans. I support vets and homeless service organiza- that. tions, including the VFW, the Vietnam VETERANS OF FOREIGN WARS I hope in conference we will be able Veterans of America, and Iraq and Af- OF THE UNITED STATES, to consolidate all of this into a pro- ghanistan Veterans of America. Washington, DC, November 13, 2009. gram that will meet the needs of our I ask unanimous consent to have let- Hon. TIM JOHNSON, veterans. ters in support of my amendment U.S. Senate, Washington, DC. It has been great working on this printed in the RECORD. DEAR CONGRESSMAN JOHNSON: On behalf of bill. I am very pleased we could do it There being no objection, the mate- the 2.2 million members of the Veterans of today rather than last week when so rial was ordered to be printed in the Foreign Wars of the United States and our many of us in the Senate were at Fort RECORD, as follows: Auxiliaries, I would like to offer our support Hood trying to show the great respect NOVEMBER 13, 2009. for SA 2733, the Military Construction, Vet- and sympathy for the community at Senator TIM JOHNSON, erans Affairs and Related Appropriations Fort Hood and for all of our armed Chairman, Senate Appropriations Subcommittee Act. services, which meant we had to delay on Military Construction, Veterans Affairs Your important amendment would provide $50,000,000 to VA for the construction of the bill from last Tuesday to this Tues- and Related Agencies, Washington, DC. day. I think that was the right thing to SENATOR JOHNSON: As organizations work- housing with supportive services for home- ing to end homelessness among veterans in less veterans. This construction would take do. I thank my colleague. America, we are writing to express our unused VA buildings and convert them into I thank our great staffs who worked strong support and gratitude for your housing for our homeless veterans. all this week to clear amendments. To Amendment (SA 2733) to the Fiscal Year 2010 Your important amendment provides hous- the extent we could, I think we have Military Construction, Veterans Affairs and ing and supportive services, two crucial certainly accommodated our other col- things that our homeless veterans des- Related Agencies Appropriations Act. The leagues in the Senate for their prior- amendment would shift $50 million to ren- perately need. A man or woman who has self- lessly served in the armed forces should ities. ovate and convert Department of Veterans Mr. President, I yield the floor. Affairs’ buildings into housing with sup- never have to sleep on the streets of the portive services for homeless veterans. We country they fought for. Your legislation The PRESIDING OFFICER. The Sen- believe this proposed allocation is greatly looks to address this tragedy in our country ator from South Dakota. needed, will be well spent, and ultimately and we applaud your efforts. Mr. JOHNSON. Mr. President, I ask will help save the lives of many brave vet- We thank you for introducing this valuable unanimous consent that the vote se- erans who have fallen upon hard times. legislation that would greatly assist our na- quence prior to the caucus recess pe- Far too many veterans are homeless in tion’s heroes. We look forward to working riod, with respect to amendments re- America: approximately 131,000 on any given with you to help pass this legislation into law. maining in order to H.R. 3082, be as fol- night, which represents between one-fourth lows: Johnson amendment No. 2733; and one-fifth of all homeless people. Conver- Sincerely, gent sources estimate that between 23 and 40 ERIC A. HILLEMAN, Feingold amendment No. 2748; Cochran percent of homeless adults are veterans. The Director, National Legislative Service. amendment No. 2763; that the Inouye U.S. Department of Veterans Affairs esti- Mr. JOHNSON. Mr. President, ac- amendment No. 2754 be modified with mates that over the course of the year, cording to the VA, there are 131,000 changes at the desk, and once modified, 336,627 veterans experience homelessness. homeless vets on any given night. This the McCain amendment No. 2776 be Community organizations around the is shameful. This amendment will withdrawn, the Inouye amendment, as country are eager to assist homeless vet- allow the VA to put to good use build- modified, be agreed to, and the motion erans achieve stability, but a shortage of to reconsider be laid upon the table; capital, operating and supportive services ings on VHA campuses currently sit- funding restricts the amount of good work ting empty. It would allow private and further, that an Inouye-Levin colloquy they can do. The allocation provided in your nonprivate groups to operate homeless be inserted in the RECORD upon the amendment will help provide critical capital vet shelters in close proximity to the adoption of the amendment; that after funding for housing homeless veterans on VA medical and mental health services the first vote in any sequence of votes campuses. We also commend the Commit- these vets need in order to rebuild today, the remaining votes be 10 min- tee’s proposed funding for the HUD–VASH their lives. utes in duration; and that prior to the program, the Grant and Per Diem program I urge my colleagues to support this vote on passage of H.R. 3082, each man- and for homeless prevention. Combined, ager control 2 minutes; provided fur- these investments will allow the Department amendment. to increase its efforts to ensure every vet- Mr. President, I yield to Senator ther, that the other provisions of the eran has a safe place to sleep and call home. HUTCHISON for any remarks she has. November 16 order remain in effect. We are heartened by the Administration’s The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there stated commitment to zero tolerance for vet- ator from Texas. objection?

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27782 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 The Senator from Texas. Mr. LEVIN. I want the chairman to and timelines are accurate and up to Mrs. HUTCHISON. Mr. President, I know that I am also fully supportive of the standards we would normally ex- wish to ask the Senator if we could the administration’s new approach to pect in a similar MILCON project re- voice vote Senator COCHRAN before we defending Europe from the threat of quest. take up the record vote we will take on shorter range Iranian missiles based on AMENDMENT NO. 2763 TO AMENDMENT NO. 2730 Senator JOHNSON’s amendment. the standard missile–3 both on ships Mr. JOHNSON. Mr. President, I un- Mr. JOHNSON. That would be very and ashore, as well as the use of fiscal derstand there is no objection to the good. year 2009 funding that is no longer re- Cochran amendment No. 2763. There- Mrs. HUTCHISON. I have no objec- quired for this purpose. fore, on behalf of Senator COCHRAN, I tion. Mr. INOUYE. This amendment re- The PRESIDING OFFICER. With call up his amendment and ask that sponds to that request from MDA, but the amendment be considered and that qualification, without objection, was originally offered with some res- it is so ordered. agreed to and the motion to reconsider ervation because it would circumvent be laid upon the table. The amendment (No. 2754), as modi- the normal order of business in the fied, is as follows: The PRESIDING OFFICER. The Senate. Under ordinary circumstances clerk will report. AMENDMENT NO. 2754, AS MODIFIED this project should have been author- The assistant legislative clerk read On page 27, between lines 3 and 4, insert ized in the fiscal year 2010 National De- the following: as follows: SEC. 128. (a)(1) The amount appropriated or fense Authorization Act and then ap- The Senator from South Dakota [Mr. otherwise made available by this title under propriated in the Military Construc- JOHNSON], for Mr. COCHRAN, proposes an the heading ‘‘MILITARY CONSTRUCTION, DE- tion bill. But, President Obama only amendment numbered 2763 to amendment FENSE-WIDE’’ is hereby increased by publicly announced his European mis- No. 2730. $68,500,000, with the amount of such increase sile defense strategy on September 17 The amendment is as follows: to remain available until September 30, 2014. of this year. This announcement came (2) Of the amount appropriated or other- AMENDMENT NO. 2763 wise made available by this title under the well after the House and Senate Armed (Purpose: To provide for the modification of heading ‘‘MILITARY CONSTRUCTION, DEFENSE- Services Committees began the con- a restriction of alienation of certain real WIDE’’, as increased by paragraph (1), ference negotiation process. In order to property in Gulfport, Mississippi) $68,500,000 shall be available for the construc- implement the President’s new plan, At the end of title II, add the following: tion of an Aegis Ashore Test Facility at the General O’Reilly made the request to SEC. 229. (a) MODIFICATION ON RESTRICTION Pacific Missile Range Facility, Hawaii. Congress for an AEGIS Ashore Test Fa- OF ALIENATION OF CERTAIN REAL PROPERTY IN (b) Of the amount appropriated or other- cility on October 7, the same day that GULFPORT, MISSISSIPPI.—Section 2703(b) of wise made available by title I of the Military the House and Senate completed the the Emergency Supplemental Appropriations Construction and Veterans Affairs Appro- conference agreement on the Defense Act for Defense, the Global War on Terror, priations Act, 2009 (division E of Public Law and Hurricane Recovery, 2006 (Public Law 110–329; 122 Stat. 3692) under the heading authorization bill. The conferees were 109–234; 120 Stat. 469), as amended by section ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ not able to consider this late request 231 of the Military Construction and Vet- and available for the purpose of European from the administration. Thus, an erans Affairs and Related Agencies Appro- Ballistic Missile Defense program construc- amendment on the fiscal year 2010 priations Act, 2009 (division E of Public Law tion, $69,500,000 is hereby rescinded. Military Construction appropriations 110–329; 122 Stat. 3713), is further amended by The amendment (No. 2754), as modi- bill was the best path to get the facil- inserting after ‘‘the City of Gulfport’’ the fied, was agreed to. ity started in order to meet the admin- following: ‘‘, or its urban renewal agency,’’. (b) MEMORIALIZATION OF MODIFICATION.— EUROPEAN MISSILE DEFENSE istration’s timelines. Mr. INOUYE. Mr. President, I rise to Mr. LEVIN. While I agree that the The Secretary of Veterans Affairs shall take appropriate actions to modify the quitclaim engage in a colloquy with Senator funding previously authorized and ap- deeds executed to effectuate the conveyance LEVIN, chairman of the Armed Services propriated for the European sites in fis- authorized by section 2703 of the Emergency Committee to discuss amendment No. cal year 2009 should be the source of Supplemental Appropriations Act for De- 2754, which has been cosponsored by funding for this project, I also feel that fense, the Global War on Terror, and Hurri- Senators JOHNSON and COCHRAN, to re- the project should be vetted in a man- cane Recovery, 2006 in order to accurately allocate unobligated fiscal year 2009 ner similar to any other MILCON re- reflect and memorialize the amendment military construction funding to sup- quest. I believe we also have the time made by subsection (a). port President Obama’s new European to authorize the project. As I under- The PRESIDING OFFICER. Without missile defense plan. stand the current timeline the Missile objection, the amendment is agreed to Mr. LEVIN. I would be pleased to Defense Agency has sufficient planning and the motion to reconsider is laid enter into a colloquy with the distin- and design funding to initiate design of upon the table. guished chairman of the Appropria- the project and also has sufficient The amendment (No. 2763) was agreed tions Committee. funding to begin the required environ- to. Mr. INOUYE. I thank the chairman. mental work. It is also my under- Mr. JOHNSON. Mr. President, I sug- Funding was appropriated in last standing that construction won’t actu- gest the absence of a quorum. year’s MILCON/VA appropriations bill ally begin until late summer of 2010. I The PRESIDING OFFICER. The for the European missile defense sites would expect that the preliminary na- clerk will call the roll. but now can no longer be spent. This ture of the current funding request The assistant legislative clerk pro- amendment will enable the Missile De- would mature in time to support a ceeded to call the roll. fense Agency to meet the President’s timely authorization. Mr. JOHNSON. Mr. President, I ask timelines for defending Europe and the Mr. INOUYE. I understand that the unanimous consent that the order for United States sooner against Iranian chairman intends to introduce a sepa- the quorum call be rescinded. missiles. In order to meet the timelines rate authorization bill for this project The PRESIDING OFFICER. Without set out by the President to deploy a ca- that will precede the normal fiscal objection, it is so ordered. pability in Europe in the 2015 time- year 2011 national Defense authoriza- AMENDMENT NO. 2733 frame, General O’Reilly, Director of tion bill process. Mr. JOHNSON. Mr. President, I ask the Missile Defense Agency, MDA, has Mr. LEVIN. That is correct. I will in- for the yeas and nays on the Johnson requested the Congress support the use troduce a separate bill today along amendment. of $68.5 million to construct an AEGIS with Senator MCCAIN. The committee The PRESIDING OFFICER. Is there a Ashore Test Facility at the Pacific will expedite consideration of this bill sufficient second? Missile Range Facility in Hawaii. The provided that we can get the normal There is a sufficient second. funding would come from the now assurances that the project is sup- If all time is yielded back, the ques- unneeded funds for the two sites in Eu- ported by the Secretary of Defense and tion is on agreeing to the amendment. rope. that the proposed construction costs The clerk will call the roll.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27783 The assistant legislative clerk called Mr. JOHNSON. It is accepted. and probably in the next 15 minutes we the roll. The PRESIDING OFFICER. The will clear what has been cleared for the Mr. DURBIN. I announce that the question is on agreeing to the amend- managers’ package. There are a couple Senator from West Virginia (Mr. BYRD) ment. of people working with objections. But is necessarily absent. The amendment (No. 2748), as modi- by 12:15, we will clear the managers’ The PRESIDING OFFICER. Are there fied, was agreed to. package so that following that, in ac- any other Senators in the Chamber de- Mr. JOHNSON. Mr. President, I move cordance with the previous unanimous siring to vote? to reconsider the vote. consent agreement, at 2:15 we will vote The result was announced—yeas 98, Mr. LEAHY. I move to lay that mo- on the Inhofe amendment, after which nays 1, as follows: tion on the table. we will then vote on final passage. So [Rollcall Vote No. 346 Leg.] The motion to lay on the table was we will have two votes starting at 2:15, YEAS—98 agreed to. and the second vote will be the final Akaka Feingold Menendez The PRESIDING OFFICER. The Sen- vote on Veterans Affairs-Military Con- Alexander Feinstein Merkley ator from Texas. struction. Barrasso Franken Mikulski AMENDMENT NO 2763 I yield the floor. Baucus Gillibrand Murkowski . Bayh Graham Murray Mrs. HUTCHISON. Mr. President, to The PRESIDING OFFICER (Mrs. Begich Grassley Nelson (NE) comply with rule XLIV, I ask unani- GILLIBRAND). The Senator from Mary- Bennet Gregg Nelson (FL) mous consent to have printed in the land. Bennett Hagan Pryor Ms. MIKULSKI. Madam President, I Bingaman Harkin Reed RECORD a letter from Senator COCHRAN Bond Hatch Reid in relation to his amendment. ask unanimous consent to speak as in Boxer Hutchison Risch The PRESIDING OFFICER. Without morning business for the purposes of Brown Inhofe Roberts introducing a very poignant bill. Brownback Inouye objection, it is so ordered. Rockefeller Bunning Isakson The PRESIDING OFFICER. Without Sanders There being no objection, the mate- Burr Johanns objection, it is so ordered. Schumer rial was ordered to be printed in the Burris Johnson Sessions (The remarks of Ms. MIKULSKI per- Cantwell Kaufman RECORD, as follows: Shaheen taining to the introduction of S. 2781 Cardin Kerry U.S. SENATE, Shelby Carper Kirk Washington, DC, November 5, 2009. are printed in today’s RECORD under Casey Klobuchar Snowe ‘‘Statements on Introduced Bills and Specter Hon. DANIEL INOUYE, Chambliss Kohl Chairman, Committee on Appropriations, U.S. Joint Resolutions.’’) Cochran Kyl Stabenow Collins Landrieu Tester Senate, Washington, DC. Ms. MIKULSKI. I yield the floor and Conrad Lautenberg Thune DEAR DAN: In my letter to Senators John- suggest the absence of a quorum. Corker Leahy Udall (CO) son and Hutchison dated May 21, 2009, re- The PRESIDING OFFICER. The Udall (NM) Cornyn LeMieux garding the Fiscal Year 2010 Military Con- clerk will call the roll. Crapo Levin Vitter struction, Veterans Administration, and Re- The bill clerk proceeded to call the DeMint Lieberman Voinovich lated Agencies Appropriations Bill, it was Warner Dodd Lincoln my intent that the item titled ‘‘Aircraft roll. Dorgan Lugar Webb Mr. JOHNSON. Madam President, I Durbin McCain Whitehouse Maintenance Administration Facility’’ read Ensign McCaskill Wicker as follows: ask unanimous consent that the order Enzi McConnell Wyden Name: Aircraft Fuel Systems Maintenance for the quorum call be rescinded. Facility NAYS—1 The PRESIDING OFFICER. Without Location: Columbus Air Force Base, MS objection, it is so ordered. Coburn Purpose: To provide adequate facilities for AMENDMENTS NOS. 2775, AS MODIFIED; 2777; AND aircraft fuel systems maintenance, con- NOT VOTING—1 2783, AS MODIFIED forming with applicable safety and environ- Byrd mental standards. ($10,000,000) Mr. JOHNSON. Madam President, we The amendment (No. 2733) was agreed I certify that neither I nor my immediate have agreed to a final group of amend- to. family has pecuniary interest in the congres- ments in a managers’ package. Mr. JOHNSON. Mr. President, I move sionally directed spending item that I have I ask unanimous consent that the fol- to reconsider the vote. requested, consistent with the requirements lowing amendments be called up en Mr. CARDIN. I move to lay that mo- of paragraph 9 of Rule XLIV of the Standing bloc and that the amendments be con- tion on the table. Rules of the Senate. I also certify that I have sidered and agreed to and, if modified, The motion to lay on the table was posted this request on my website. that the amendment as modified be agreed to. Please feel free to call on me if you have any questions about this request. Adam agreed to and the motions to recon- AMENDMENT NO. 2748, AS MODIFIED Telle, a member of my staff, is also available sider be laid upon the table en bloc: The PRESIDING OFFICER. The Sen- as the committee staff considers this issue. Amendment No. 2775, to be modified; ator from Wisconsin. Thank you for your consideration. amendment No. 2777; and amendment Mr. FEINGOLD. I ask unanimous Sincerely, No. 2783, to be modified. consent that my amendment be modi- THAD COCHRAN, The PRESIDING OFFICER. Without fied with the modifications I send to U.S. Senator. objection, it is so ordered. the desk. Mrs. HUTCHISON. I thank the Chair Mrs. HUTCHISON. Madam President, The PRESIDING OFFICER. Without and suggest the absence of a quorum. I have no objections to those amend- objection, the amendment is so modi- The PRESIDING OFFICER. The ments. I want to clarify that for fied. clerk will call the roll. amendment No. 2775, the modifications The amendment, as modified, is as The bill clerk proceeded to call the are at the desk. The same goes for follows: roll. amendment No. 2783; am I correct? On page 52, after line 21, add the following: Mr. JOHNSON. Mr. President, I ask The PRESIDING OFFICER. The Sen- SEC. 229. Of the amounts appropriated or unanimous consent that the order for ator is correct. otherwise made available by this title, the the quorum call be rescinded. Mrs. HUTCHISON. Again, I have no Secretary shall award $5,000,000 in competi- objection. tively-awarded grants to State and local gov- The PRESIDING OFFICER. Without ernment entities or their designees with a objection, it is so ordered. The amendments (No. 2775, as modi- demonstrated record of serving veterans to Mr. JOHNSON. Mr. President, I note fied; No. 2777; and No. 2783, as modified) conduct outreach to ensure that veterans in that the second vote has been voiced, were agreed to, as follows: under-served areas receive the care and bene- and so Members are free to leave. AMENDMENT NO. 2775, AS MODIFIED fits for which they are eligible. The PRESIDING OFFICER. The Sen- (Purpose: To require a study on the capacity Mr. FEINGOLD. Mr. President, I un- ator from Texas. of the Department of Veterans Affairs to derstand the amendment will now be Mrs. HUTCHISON. Mr. President, we address combat stress in women veterans) accepted. are working on the managers’ package, At the end of title II, add the following:

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27784 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 SEC. 229. (a) STUDY ON CAPACITY OF DE- TECHNOLOGY SYSTEMS’’ shall be available to ter what position one takes on the lo- PARTMENT OF VETERANS AFFAIRS TO ADDRESS the Secretary of Veterans Affairs to carry cation of trials. COMBAT STRESS IN WOMEN VETERANS.—The out the study required by subsection (a). Mr. LEAHY. Mr. President, the Inspector General of the Department of Vet- AMENDMENT NO. 2783, AS MODIFIED amendment sponsored by Senator erans Affairs shall carry out a study to as- (Purpose: To make available from Medical INHOFE is one of a series of amend- sess the capacity of the Department of Vet- Services, $1,000,000 for education debt re- erans Affairs to address combat stress in ments that have recently been offered duction for mental health care profes- women veterans. in the Senate that would put political (b) ELEMENTS.—In carrying out the study sionals who agree to employment at the interests ahead of our national inter- required by subsection (a), the Inspector Department of Veterans Affairs) ests. This amendment would prohibit General shall consider the following: On page 52, after line 21, add the following: any funds from being used to construct (1) Whether women veterans are properly SEC. 229. Of the amounts appropriated or or modify any facility in the United evaluated by the Department for post-trau- otherwise made available by this title under States to hold any individual who is matic stress disorder (PTSD), military-re- the headings ‘‘VETERANS HEALTH ADMINIS- currently being held at the Guanta- lated sexual trauma, traumatic brain injury TRATION’’ and ‘‘MEDICAL SERVICES’’, $1,000,000 may be available for education debt reduc- namo Bay detention facility. (TBI), and other combat-related conditions. This goal of this amendment is to en- (2) Whether women veterans with combat tion under subchapter VII of chapter 76 of stress are being properly adjudicated as serv- title 38, United States Code, for mental sure that the detainees being held at ice-connected disabled by the Department health care professionals who agree to em- Guantanamo Bay, some for years with- for purposes of veterans disability benefits ployment at the Department of Veterans Af- out charge, cannot be tried in our Fed- for combat stress. fairs. eral courts and that the detention fa- (3) Whether the Veterans Benefits Admin- f cility at Guantanamo Bay cannot istration has developed and disseminated to close. This is harmful to our national personnel who adjudicate disability claims RECESS security and devastating to our reputa- reference materials that thoroughly and ef- The PRESIDING OFFICER. Under tion as a model justice system fectively address the management of claims throughout the world. As a former of women veterans involving military-re- the previous order, the Senate stands lated sexual trauma. in recess until 2:15 p.m. prosecutor, I find it deeply troubling (4) The feasability and advisability of re- Thereupon, the Senate, at 12:34 p.m., that the Senate would be asked to pro- quiring training and testing on military-re- recessed and reassembled at 2:15 p.m. hibit the administration from trying lated sexual trauma matters as part of a cer- when called to order by the Presiding even dangerous terrorists in our Fed- tification of Veterans Benefits Administra- Officer (Mr. CARPER). eral courts. As a Senator, I find it tion personnel who adjudicate disability shameful that Congress is being asked f claims involving post-traumatic stress dis- to help keep open a facility that has order. MILITARY CONSTRUCTION, VET- been a stain on our reputation (5) Such other matters as the Inspector ERANS AFFAIRS, AND RELATED throughout the world and has given General considers appropriate. (c) REPORTS.— AGENCIES APPROPRIATIONS ammunition to our enemies. GEN Colin (1) INTERIM REPORT.—Not later than 180 ACT, 2010—Continued Powell was correct when he said, days after the date of the enactment of this AMENDMENT NO. 2774 ‘‘Guantanamo has become a major Act, the Inspector General shall submit to The PRESIDING OFFICER. Under problem for America’s perception as the Secretary of Veterans Affairs, and to the it’s seen; the way the world perceives appropriate committees of Congress, a report the previous order, there will now be 5 minutes of debate, equally divided, on America.’’ setting forth the plan of the Inspector Gen- President Obama addressed that amendment No. 2774, offered by the eral for the study required by subsection (a), problem in the first days of his Presi- together with such interim findings as the Senator from Oklahoma, Mr. INHOFE. dency by announcing that he would Inspector General has made as of the date of Who seeks recognition? The Senator close Guantanamo Bay, and he has af- the report as a result of the study. from Michigan is recognized. (2) FINAL REPORT.—Not later than one year firmed that commitment by announc- Mr. LEVIN. Mr. President, I yield ing that the administration will have a after the date of the enactment of this Act, myself 1 minute. the Inspector General shall submit to the preference for trying detainees in our Secretary, and Congress, then the Secretary The Inhofe amendment would actu- proven Federal courts. Just last week, shall make recommendations for legislative ally make us less secure by restricting the Attorney General announced that, or administrative action. our ability to improve security at fa- in consultation with the Secretary of (3) APPROPRIATE COMMITTEES OF CONGRESS cilities that house detainees who have Defense, the U.S. Government will DEFINED.—In this subsection, the term ‘‘ap- been transferred from Guantanamo to begin to move toward federal criminal propriate committees of Congress’’ means— the United States for their trials. Our (A) the Committees on Appropriations and trials against five of these detainees, communities will be less safe because including Khalid Sheikh Mohammed. I Veterans’ Affairs of the Senate; and money cannot be spent to make more (B) the Committees on Appropriations and have supported President Obama and Veterans’ Affairs of the House of Representa- secure the places where these detainees the Attorney General in these steps, tives. are being kept. It seems to me this is and I will continue to do so. That is AMENDMENT NO. 2777 kind of a ‘‘cutting off your nose to why I have voted against amendments (Purpose: To require a study to identify the spite your face’’ approach. Regardless that would withhold funding to close improvements to the information tech- of how people voted on whether we the Guantanamo detention facility and nology infrastructure of the Department of should have trials in the United States, prohibit any Guantanamo detainees Veterans Affairs that are required to fur- the decision has been made that there from being brought to the United nish health care services to veterans using are going to be trials in the United States. These amendments undermine telehealth platforms) States. There already have been trials the good work the President is doing, On page 52, after line 21, add the following: in the United States. There are detain- and they make us less safe, not safer. SEC. 229. (a) STUDY ON IMPROVEMENTS TO IN- ees who are awaiting trial in the FORMATION TECHNOLOGY INFRASTRUCTURE Two weeks ago, the Senate defeated NEEDED TO FURNISH HEALTH CARE SERVICES United States. It would seem to me it another amendment that would have TO VETERANS USING TELEHEALTH PLAT- is in everybody’s interest that the restricted the authority and the op- FORMS.—The Secretary of Veterans Affairs places where these detainees are being tions of our military and law enforce- shall carry out a study to identify the im- kept should be as secure as possible. It ment. Secretary Gates and Attorney provements to the infrastructure of the De- makes no sense, regardless of what General Holder sent us a joint letter partment of Veterans Affairs that are re- one’s position is on the question of opposing that amendment. They re- quired to furnish health care services to vet- where the trial should be held, not to minded us that we should not prohibit erans using telehealth platforms. (b) AVAILABILITY OF FUNDS.—The amounts have them kept in the most secure pos- the Government from being able to appropriated or otherwise made available by sible facilities. ‘‘use every lawful instrument of na- this title under the headings ‘‘DEPART- I hope the Inhofe amendment is de- tional power . . . to ensure that terror- MENTAL ADMINISTRATION’’ and ‘‘INFORMATION feated. It is counterproductive, no mat- ists are brought to justice and can no

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27785 longer threaten American lives.’’ That to the task? And why would we pass use every lawful instrument of national is exactly what this amendment would an amendment that simultaneously power—including both courts and military do by tying the administration’s hands makes it harder for the government to commissions—to ensure that terrorists are in the event that they need to upgrade securely detain terrorism suspects in brought to justice and can no longer threat- en American lives. any facility in order to securely house our prisons by making any necessary For these reasons, we respectfully request these detainees. I will ask that a copy adjustments to hold them? This that you oppose this amendment. of the administration’s letter be print- amendment would ironically make us ROBERT M. GATES, ed in the RECORD. less safe by making our prisons less se- Secretary of Defense. Again, this week, joined by Secretary cure. This is playing games with na- ERIC H. HOLDER, Jr., Napolitano, Attorney General Holder tional security. Attorney General. and Secretary Gates wrote to the Sen- It is not only President Obama who ate in opposition, this time to the believes that closing Guantanamo will NOVEMBER 17, 2009. make us a more secure and honorable Hon. HARRY REID, Inhofe amendment we consider today. I Majority Leader, U.S. Senate, will ask that the administration’s let- nation. I agree with the conviction ex- Washington, DC. ter be printed in the RECORD. pressed by Senator GRAHAM and Sen- Hon. MITCH MCCONNELL, Instead of closing Guantanamo and ator MCCAIN who said, ‘‘[w]e support Minority Leader, U.S. Senate, moving toward a lawful and effective President Obama’s decision to close the Washington, DC. national security policy, this amend- prison at Guantanamo, reaffirm Amer- DEAR SENATORS REID AND MCCONNELL: We ment would say to the world that we ica’s adherence to the Geneva Conven- write to oppose Senator Inhofe’s amendment refuse to face what we did at Guanta- tions, and begin a process that will, we (No. 2774) to H.R. 3082, the Military Construc- tion, Department of Veterans Affairs, and namo and instead would continue the hope, lead to the resolution of all cases Related Agencies Appropriations Act for Fis- legacy of a place that was created in an of Guantanamo detainees.’’ cal Year 2010. This amendment would pro- effort to lock people up for years with- It is time to act on our principles and hibit the use of funds appropriated or other- out charge and not face the con- our constitutional system. It is time to wise made available in H.R. 3082 to ‘‘con- sequences. This amendment would say close Guantanamo and try and convict struct or modify a facility or facilities in the to the world that we are not strong those who seek to do us harm. Where United States or its territories to perma- enough, that our over 200-year-old su- the administration decides to try them nently or temporarily hold any individual perior legal tradition is not flexible in Federal courts, our courts and our who was detained as of October 1, 2009, at prisons are more than up to the task. Naval Station, Guantanamo Bay, Cuba.’’ enough, to allow us to deal with those Like the President and numerous others, who attack us. Refusing to close Guan- Mr. President, I ask unanimous con- both Republicans and Democrats, we are tanamo also means we lose our ability sent to have printed in the RECORD a convinced that closing the Guantanamo Bay to respond with moral authority if copy of the administration’s letter to detention center is in the national security other countries should mistreat Amer- which I referred. interests of the United States. Al Qaeda has ican soldiers or civilians. There being no objection, the mate- repeatedly used the existence of the facility Much debate has focused on keeping rial was ordered to be printed in the as a recruitment tool. We are convinced that Guantanamo detainees out of the RECORD, as follows: as long as the Guantanamo Bay detention center remains open, our enemies will con- OCTOBER 30, 2009. United States. In this debate, political tinue to exploit its existence for this pur- Hon. HARRY REID, rhetoric has entirely drowned out rea- pose. Majority Leader, U.S. Senate, son and reality. Our criminal justice We acknowledge that closing Guantanamo Washington, DC. system handles extremely dangerous has proven difficult, but that is not a reason Hon. MITCH MCCONNELL, for the Congress to preclude this important criminals, and more than a few terror- Minority Leader, U.S. Senate, national security objective. At present, we ists, and it does so safely and effec- Washington, DC. are making progress toward this goal. An tively. We try very dangerous people in DEAR SENATORS REID AND MCCONNELL: We our courts and hold very dangerous write to oppose the amendment proposed by interagency team is assessing the suitability of a maximum security prison in Thomson, people in our jails throughout the Senator Graham (on behalf of himself and Senators McCain and Lieberman) to H.R. Illinois, to serve as a detention center for country. I know; I put some of them certain Guantanamo Bay detainees who may there. We do it every day in ways that 2847, the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2010. be transferred to the United States. On Fri- keep the American people safe and se- This amendment would prohibit the use of day, the Department of Justice announced cure, and I have absolute confidence Department of Justice funds ‘‘to commence that it will prosecute the alleged 9/11 con- that we can do it for even the most or continue the prosecution in an Article III spirators in federal court, while the Depart- dangerous terrorism suspects. court of the United States of an individual ment of Defense will resume other cases The facts speak for themselves. The suspected of planning, authorizing, orga- against those allegedly responsible for the Judiciary Committee has held several nizing, committing, or aiding the attacks on USS Cole bombing and other acts of ter- the United States and its citizens that oc- rorism in military commissions, which have hearings on the issue of how to best been reformed as a result of the bipartisan handle detainees, and experts and curred on September 11, 2001.’’ As you know, both the Department of Jus- passage of the Military Commissions Act of judges from across the political spec- tice (in Article III courts) and the Depart- 2009. trum have agreed that our courts and ment of Defense (in military commissions, We need to get on with the work of enhanc- our criminal justice system can handle reformed under the 2010 National Defense ing our national security by finally closing this challenge and indeed has handled Authorization Act) have responsibility for the Guantanamo Bay detention center. The it many times already. Since January prosecuting alleged terrorists. Pursuant to a Inhofe amendment would have the opposite effect and would likely prevent further of this year alone over 30 terrorism joint prosecution protocol, our departments are currently engaged in a careful case-by- progress on this important issue. We ask cases have been either successfully that you join us in opposing the Inhofe tried or sentenced using our Federal case evaluation of the cases of Guantanamo detainees who have been referred for possible amendment. courts. No one has ever escaped from a prosecution, to determine whether they ERIC H. HOLDER, Jr. Supermax facility. In fact terrorists should be prosecuted in an Article III court ROBERT M. GATES. are routinely and securely held at our or by military commission. We are confident JANET NAPOLITANO. prisons, including Zacharias Moussaoi, that the forum selection decisions that are I yield the floor. one of the plotters behind the Sep- made pursuant to this process will best serve The PRESIDING OFFICER. Who tember 11 attacks and Ramzi Yousef, our national security interests. seeks recognition? The Senator from the World Trade Center bomber. We believe that it would be unwise, and Oklahoma is recognized. Why would the Senate pass an would set a dangerous precedent, for Con- Mr. INHOFE. Mr. President, inquiry. gress to restrict the discretion of either de- amendment that suggests that our partment to fund particular prosecutions. Is this the final argument before the country and the brave men and women The exercise of prosecutorial discretion has vote on the Inhofe amendment? who staff these prisons cannot handle always been and should remain an Executive The PRESIDING OFFICER. Yes; the these prisoners, or that they are not up Branch function. We must be in a position to Senator has 21⁄2 minutes remaining.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27786 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 Mr. INHOFE. Mr. President, this not going to have those individuals Murray Sanders Udall (CO) Nelson (NE) Schumer Udall (NM) amendment has been here three times who are now at Gitmo in the United Nelson (FL) Shaheen Warner before. In fact, this amendment has States. I think we have discussed this Reed Specter Webb been supported with over 90 votes each several times. I strongly support this Reid Stabenow Whitehouse time it came through. Unfortunately, amendment. Rockefeller Tester Wyden once one of the bills went into con- The PRESIDING OFFICER. The Sen- NAYS—43 ference, it was taken out. They re- ator from Texas is recognized. Alexander Ensign McCain placed it with a 45-day provision. Mrs. HUTCHISON. Mr. President, Barrasso Enzi McConnell What this does—it is a one-sentence how much time is remaining? Bennett Graham Murkowski Bond Grassley Pryor amendment, very easy to understand. The PRESIDING OFFICER. There re- Brownback Gregg Risch It says: mains 56 seconds. Bunning Hatch Roberts None of the funds appropriated or other- Mrs. HUTCHISON. Mr. President, I Burr Hutchison Sessions Chambliss Inhofe Shelby wise made available by this Act may be used wish to speak in favor of the amend- Coburn Isakson Snowe to construct or modify a facility or facilities ment. I do not think these prisoners Cochran Johanns Thune in the United States [to house terrorists]. Collins Kyl from Guantanamo Bay should be in our Vitter If you want terrorists here, then vote Corker LeMieux country. I think we should stand firm, Cornyn Lieberman Voinovich against this amendment. This may be we should stand clear that this Senate, Crapo Lincoln Wicker the last shot you have at it. We have as we have voted before, does not want DeMint Lugar the Inouye-Inhofe amendment already prisoners from Guantanamo Bay trans- The motion was agreed to. passed in the Defense authorization ferred to American soil. It will be a se- Mr. DURBIN. Mr. President, I move bill, but it is in conference. We do not curity risk to America. We do not need to reconsider the vote and to lay that know whether it will come out. This is to do it. This would be a way to stop motion on the table. the second shot we have to try to keep this and do what is right for our coun- The motion to lay on the table was terrorists from coming into the United try; that is, keep these prisoners where agreed to. States. they are secure, away from any ability Mr. FEINGOLD. Mr. President, I I retain the remainder of my time. to harm America. I urge a vote for the voted against the amendment offered The PRESIDING OFFICER. Who Inhofe amendment. by Senator INHOFE, No. 2774. It is time seeks recognition? The Senator from The PRESIDING OFFICER. The ma- for Congress to allow the administra- Virginia is recognized. jority has 23 seconds. tion to work toward the goal that so Mr. WEBB. Mr. President, I would Mr. DURBIN. Neither the Senator many of us support: closing the deten- like to speak quickly in opposition to from Oklahoma nor the Senator from tion facility at Guantanamo Bay once this amendment. Texas has addressed the amendment and for all. The administration has It has been my strong belief— before us. This is not an amendment provided its plan to Congress, and has Mrs. HUTCHISON. Is the Senator about transferring from Guantanamo provided individualized reports on each from Virginia speaking on the 21⁄2 min- to the United States. It is about wheth- detainee before any transfer occurs. utes of the majority? er we will spend the money to make While closing Guantanamo may not be Mr. WEBB. That is correct. It has sure, when these detainees are under easy, it is vital to our national secu- been my strong belief that individuals trial in the United States, which they rity that we close this prison, which is who were charged with international can be legally, they will be held safely. a recruiting tool for our enemies. In terrorism should be classified as enemy The Inhofe amendment precludes the particular, I oppose this amendment combatants, and I stated many times I expenditure of funds to improve the se- because it would prohibit the executive do not believe they belong in our coun- curity of law enforcement facilities to branch from spending money to up- try. They don’t belong in our courts. contain these Guantanamo detainees. grade security at U.S. detention facili- They don’t belong in our prisons. At Mrs. HUTCHISON. Mr. President, if ties where Guantanamo detainees the same time, I recognize that the we don’t want to house those prisoners might be held, thereby making the President retains the constitutional here, we should not try them here. American people less safe. authority to bring charges against That is the answer for this. Vote for AMENDMENT NO. 2743 these individuals in article III courts. the Inhofe amendment. Mr. BURR. Mr. President, I wish to The Graham amendment did resolve The PRESIDING OFFICER. All time speak to amendment No. 2743 which that issue in terms of their transfer to has expired. would reallocate $750,000 from the gen- U.S. soil. Mr. JOHNSON. I move to table the eral operating expense account to fund This amendment, unfortunately, amendment. I ask for the yeas and programs to end veterans’ homeless- would not address that issue. It pro- nays. ness, including the Department of Vet- hibits appropriation of funds to modify The PRESIDING OFFICER. Is there a erans Affairs’ Homeless Provider Grant facilities in the United States in order sufficient second? There is a sufficient and Per Diem Program, and VA’s Sup- to hold such individuals. I believe that second. portive Services Grants Program. would prevent law enforcement offi- The question is on agreeing to the This money will help more than cials from taking the steps that are motion. 131,000 veterans who are homeless on necessary to improve security in our The clerk will call the roll. any given night including the esti- local communities and that it would The legislative clerk called the roll. mated 1,659 homeless veterans in my put our security at risk. It is for this The result was announced—yeas 57, home state. Many veterans are consid- reason I oppose the amendment and I nays 43, as follows: ered homeless or at risk due to their yield the floor. [Rollcall Vote No. 347 Leg.] poverty, lack of support systems, and The PRESIDING OFFICER. The mi- YEAS—57 poor living conditions. nority has 9 minutes 30 seconds re- Homeless veterans are comprised of maining, the majority has about 25 sec- Akaka Casey Kaufman Baucus Conrad Kerry middle-age and elderly veterans, as onds remaining. Bayh Dodd Kirk well as younger veterans returning Mr. INHOFE. Let me repeat. We have Begich Dorgan Klobuchar from Iraq and Afghanistan. The VA has voted on this amendment before. We Bennet Durbin Kohl identified 1,500 homeless veterans who Bingaman Feingold Landrieu voted three different times. This was Boxer Feinstein Lautenberg fought during the current wars and of actually structured as the Inouye- Brown Franken Leahy those, only 400 have participated in Inhofe amendment once and the Inhofe- Burris Gillibrand Levin programs specifically targeting home- Inouye amendment once. It has passed Byrd Hagan McCaskill Cantwell Harkin Menendez lessness. overwhelmingly. This is the only way Cardin Inouye Merkley Sadly, homelessness among the ranks we can see that we can assure we are Carper Johnson Mikulski of recently separated combat veterans

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27787 is not a new phenomenon, and their is compliant. I thank my colleagues for tially increasing discretionary health plight for the Nation’s compassionate their support of my amendment. care spending for fiscal year 2010. This assistance is just as strong today as it Mrs. BOXER. Mr. President, I am so bill includes a $45.1 billion appropria- was centuries ago. According to Todd pleased that today the Senate will pass tion for the Veterans Health Adminis- DePastino, a historian at Penn State, the fiscal year 2010 Military Construc- tration that will enable VA to treat an homeless veterans of the post-Civil tion and Veterans Affairs and Related estimated 6.1 million patients in 2010, War era sang old Army songs to drama- Agencies Appropriations Act. This leg- including $533 million to support the tize their need for work. islation provides $133.9 billion in crit- enrollment of 266,000 nondisabled, mod- After World War I, thousands of vet- ical funding to ensure that our Na- est-income veterans. This funding fur- erans marched and camped in the Na- tion’s veterans have the care and serv- thers the Administration’s goal of en- tion’s Capital to express their frustra- ices that they have earned and deserve. rolling more than 500,000 of these pre- tion over bonus money. Many of these Specifically, it includes for the first viously ineligible veterans by 2013. In veterans were either homeless or at time advance appropriations for vet- addition to enrolling more veterans of risk of becoming homeless. erans medical services—ensuring that modest means, this bill provides for After the Vietnam war, returning the Department of Veterans Affairs re- $440 million to improve the health of veterans were faced with serious phys- ceives funds in a timely and predict- rural veterans. ical, mental, and socio-economic prob- able manner. It also provides $45 billion The 2010 Milcon-VA Appropriations lems that put them at serious risk of for veterans’ health care, including $4.6 Act includes a total of $34.7 billion for becoming homeless. According to VA billion for mental health treatment medical services, $4.8 billion for con- the number of homeless male and fe- and programs. struction, and $580 million for medical male Vietnam era veterans is greater In addition, the bill includes $23.2 bil- and prosthetic research. Total discre- than the number of servicemembers lion for military construction and fam- tionary spending will be increased over who died during the Vietnam war. ily housing, including $9.9 million to $3.9 billion above the fiscal year 2009 It is important that Congress and VA replace the 144th Squadron’s current enacted level. remember the lessons learned from pre- operations facilities at Fresno-Yosem- I am delighted that for the first time vious wars. We must work together to ite International Air National Guard VA will receive advance appropria- prevent homelessness before it begins Base. The squadron currently operates tions—an additional $48.2 billion in for with the goal of eliminating homeless- across several outdated facilities that fiscal year 2011—for three VA medical ness. Much progress has been made, but are not sufficient for modern day oper- care accounts. This coincides with the we can do better. ations. The facility will ultimately be landmark legislation, Veterans Health My amendment targets two specific used to house F–15C Eagle aircraft Care Budget Reform and Transparency areas within VA’s medical care budget squadron operations. F–15Cs are ex- Act of 2009, which was signed into law for more funding. The Homeless Pro- pected to arrive at the base in 2012 to as Public Law 111–81 by the President vider Grant and Per Diem Program of- replace the aging F–16C fleet. The 144th on October 22, 2009. Funding VA health fers funding to community agencies Fighter Wing provides air defense for care in advance will go a long way to- that provide services to homeless vet- California from Oregon to the Mexican ward rectifying the chronic under- erans. The purpose of the program is to border and is vital to the Nation’s se- funding of VA health care, which has promote the development and provision curity. left so many of the Nation’s veterans of supportive housing and/or supportive The Senate voted on a number of with unmet health care needs. services with the goal of helping vet- amendments to this bill that have im- This bill fully funds VA’s research erans achieve and maintain residential portant consequences and I want to programs. The $580 million appropria- stability. provide some additional information tion for VHA research represents a $70 The supportive services programs on two of my votes. million increase from the fiscal year allow veterans who are at risk or who Last night, the Senate rejected a mo- 2009 enacted level and an amount equal are reentering the workforce to receive tion to send this bill back to the Ap- to the budget request. Through these services that will reduce their likeli- propriations Committee. I joined 68 of funds, VA will be able to pursue tar- hood of becoming homeless. Supportive my colleagues in voting against this geted research goals like developing services include health care services; motion because I believe that this is a better prosthetic devices for the young- daily living services, personal financial strong, bipartisan bill. By sending this er veterans returning from the Iraq and planning; transportation services; in- bill back to committee, we would be Afghanistan wars. VA can continue re- come support services; fiduciary and unfairly asking our Nation’s veterans search into conditions like post-trau- representative payee services; legal to wait even longer for care. The men matic stress disorder, traumatic brain services; child care; housing coun- and women who have served our coun- injury, and gulf war Illness. In addi- seling; and other services necessary for try so honorably should not be forced tion, VA can continue to recruit and maintaining independent living. to wait for critical services. retain quality health care providers, as In short, these programs are com- And today, the Senate voted to reject over three-quarters of VA’s researchers prehensive and they work. an amendment that would prohibit the also provide direct patient care. My original intention was to offer an use of funds in this bill to build or I am pleased that this bill contains amendment that would reallocate make security improvements to a facil- an amendment I offered that will ex- $43,387,240, on top of the money in this ity in the United States to hold a de- tend VA’s authority to operate the Ma- amendment, for homeless programs. tainee who is transferred here from nila VA Regional Office. Ten years ago that money was origi- Guantanamo Bay. What it would have Earlier this year, over 60 years after nally appropriated for the Multifamily done is prevent the administration the end of the World War II, surviving Transitional Housing Loan Guarantee from making vital security improve- Filipino World War II veterans finally Program. Since that program has been ments to our detention facilities. En- received a measure of compensation for suspended, I believe this money could suring that detention facilities have their service in the form of a one-time be put to a better use. However, the the highest possible security is critical lump sum payment. These past months Congressional Budget Office tells me to our national security and this have demonstrated that dispersing that rescinding the $43 million and amendment would have restricted that these payments has been an enormous spending it on this bill would run afoul ability unnecessarily. challenge, with multiple steps to au- of our budget rules. I will therefore Mr. AKAKA. Mr. President, this Mili- thenticate the service of these World look for another opportunity to put tary Construction and Veterans Affairs War II veterans. this unused money to a better use in Appropriations Act for 2010 rightfully Unfortunately, VA’s authority to op- the near future. In the meantime, CBO prioritizes the health care of the Na- erate the Manila VA Regional Office has informed me that the amendment tion’s wounded warriors by substan- will expire on December 31, 2009. There

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27788 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 remains much work to be done in order There is a sufficient second. This is a good bill. It is truly a bipar- to continue processing claims and en- The clerk will call the roll. tisan bill and contains some good pro- suring these veterans are awarded ben- The legislative clerk called the roll. grams that will help out military men efits they have waited six long decades The result was announced—yeas 100, and women and our Nation’s vets. The to receive. For this and other purposes, nays 0, as follows: bill provides investments in infrastruc- the operational authority of the Ma- [Rollcall Vote No. 348 Leg.] ture for our military, including bar- nila Regional Office must be extended. YEAS—100 racks and family housing, training and The Manila Regional Office currently Akaka Enzi Menendez operational facilities, and childcare administers compensation, pension, vo- Alexander Feingold Merkley and family support centers. In addi- cational rehabilitation and employ- Barrasso Feinstein Mikulski tion, it fulfills the Nation’s promise to ment, and education benefits to over Baucus Franken Murkowski Bayh Gillibrand our vets by providing the resources 18,000 beneficiaries. In addition, VA Murray Begich Graham Nelson (NE) needed for the medical care and bene- also administers Social Security in the Bennet Grassley Nelson (FL) fits that our vets have earned through Philippines. Keeping this facility fully Bennett Gregg Pryor Bingaman Hagan their service. Reed functioning is necessary for these de- Bond Harkin As I have mentioned, for the first Reid serving individuals to receive critical Boxer Hatch time the bill contains advance funding veterans’ benefits as well to carry out Brown Hutchison Risch Roberts for vets’ medical care for fiscal year an integral part of the U.S. mission to Brownback Inhofe Bunning Inouye Rockefeller 2011. This funding will ensure that the the Republic of the Philippines. Burr Isakson Sanders VA has a predictable stream of funding I extend my deepest thanks to the Burris Johanns Schumer and that medical services will not be staff of the Manila Regional Office who Byrd Johnson Sessions adversely affected should another stop- have continued to demonstrate unwav- Cantwell Kaufman Shaheen Cardin Kerry Shelby gap funding measure be needed in the ering dedication to their duty to assist Carper Kirk Snowe future. Filipino World War II veterans and in- Casey Klobuchar Specter I wish to thank my ranking member, Chambliss Kohl deed all veterans who apply for benefits Stabenow Senator HUTCHISON, for her work on from VA. Coburn Kyl Tester Cochran Landrieu Thune this bill. She was critical in getting the Finally, I mention Senator BURR’s Collins Lautenberg amendments cleared on her side of the amendment, included in the underlying Udall (CO) Conrad Leahy Udall (NM) aisle. I wish to thank her staff, Dennis Corker bill, that would directly support efforts LeMieux Vitter Cornyn Levin Balkham and Ben Hammond, for their to address homelessness among our Na- Voinovich Crapo Lieberman hard work. I also wish to thank the Warner tion’s veterans. His provisions, of DeMint Lincoln Webb majority staff, Chad Schulken and which I am a cosponsor, are offset by Dodd Lugar Andy Vanlandingham, for their hard funds currently allocated for adminis- Dorgan McCain Whitehouse Durbin McCaskill Wicker work on this important bill. I would es- trative costs for an existing homeless Ensign McConnell Wyden pecially like to thank the sub- program that is essentially defunct— The bill (H.R. 3082), as amended, was committee clerk, Christina Evans, for the Multifamily Transitional Housing her hard work and leadership on this Loan Guarantee Program. passed, as follows: (The bill will be printed in a future subcommittee. I will be working with Senator BURR I also wish to acknowledge the hard in the future to ensure that the edition of the RECORD.) Mr. JOHNSON. Mr. President, I move work of the floor staff and the cloak- unspent money for this program—$43 room staffs. Thank you, Dave and million—can be used for more active to reconsider the vote, and I move to lay that motion on the table. Lula, for helping us get to this point. homeless programs, such as the Grant Mr. President, let me again thank and Per Diem Program. The motion to lay on the table was agreed to. my colleagues. Thank you. In closing, I thank Senators JOHNSON I yield the floor, and I note the ab- and HUTCHISON, the chair and ranking The PRESIDING OFFICER. Under the previous order, the Senate insists sence of a quorum. member of the Subcommittee on Mili- The PRESIDING OFFICER. The tary Construction and Veterans Af- on its amendment, requests a con- ference with the House, and the Chair clerk will call the roll. fairs; Senators INOUYE and COCHRAN, The assistant legislative clerk pro- the chair and ranking member of the appoints the following conferees. The Presiding Officer appointed Mr. ceeded to call the roll. Appropriations Committee; and their The PRESIDING OFFICER. The Sen- JOHNSON, Mr. INOUYE, Ms. LANDRIEU, staffs for their hard work in putting ator from Indiana is recognized. Mr. BYRD, Mrs. MURRAY, Mr. REED, Mr. this bill together and for working to Mr. BAYH. Mr. President, I ask unan- NELSON of Nebraska, Mr. PRYOR, Mr. incorporate important veterans-related imous consent that the order for the LEAHY, Mrs. HUTCHISON, Mr. BROWN- provisions in the package. Addition- quorum call be rescinded. ally, I thank the Members who filed BACK, Mr. MCCONNELL, Ms. COLLINS, The PRESIDING OFFICER. Without VA-related amendments who worked Ms. MURKOWSKI, and Mr. COCHRAN. objection, it is so ordered. Mr. JOHNSON. Mr. President, I note with the Veterans’ Affairs Committee f to come to agreement on issues that the absence of a quorum. The PRESIDING OFFICER. The could be addressed in this bill. EXECUTIVE SESSION The PRESIDING OFFICER (Mr. clerk will call the roll. The legislative clerk proceeded to UDALL of Colorado). The substitute, as call the roll. NOMINATION OF DAVID F. HAM- amended, is agreed to. ILTON TO BE UNITED STATES The question is on the engrossment The PRESIDING OFFICER. The Sen- ator from South Dakota. CIRCUIT JUDGE FOR THE SEV- of the amendments and third reading of ENTH CIRCUIT—Resumed the bill. Mr. JOHNSON. Mr. President, I ask The amendments were ordered to be unanimous consent that the order for The PRESIDING OFFICER. Under engrossed and the bill to be read a the quorum call be rescinded. the previous order, the Senate will pro- third time. The PRESIDING OFFICER. Without ceed to executive session to consider The bill was read the third time. objection, it is so ordered. the following nomination, which the The PRESIDING OFFICER. The bill Mr. JOHNSON. Mr. President, I wish clerk will report. having been read the third time, the to thank my colleagues for their help The assistant legislative clerk read question is, Shall the bill pass? in getting this bill completed. It was a the nomination of David F. Hamilton, Mrs. HUTCHISON. I ask for the yeas long and slow process, but I am thank- of Indiana, to be United States Circuit and nays. ful we were able to dispose of a major- Judge for the Seventh Circuit. The PRESIDING OFFICER. Is there a ity of the amendments that were of- The PRESIDING OFFICER. Under sufficient second? fered. the previous order, there will now be 60

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27789 minutes of debate divided between the During the last Congress, I was proud Despite Judge Hamilton’s long record Senator from Vermont, Mr. LEAHY, and to work with Senator LUGAR to rec- as a thoughtful, nonideological jurist, the Senator from Alabama, Mr. SES- ommend Judge John Tinder as a bipar- his critics have sought to portray him SIONS. tisan, consensus nominee for the Sev- as an ‘‘activist’’ judge hostile to reli- The Senator from Indiana is recog- enth Circuit. Judge Tinder was nomi- gion. I have no doubt these attacks nized. nated by President Bush and unani- come as a surprise to his father, the Mr. BAYH. Mr. President, I wish to mously confirmed by the Senate by a Reverend Richard Hamilton, who is the begin by thanking our colleague, vote of 93 to 0. former pastor of St. Luke’s United Chairman LEAHY, for his leadership in It was my fervent hope Judge Tin- Methodist Church in Indianapolis. this area. He has been a model of deco- der’s confirmation would serve as an It is only in the upside-down, rum and patience, and I am personally example of what could happen when hyperpartisan world of Washington, grateful for his leadership. two Senators from different parties DC, that the humble son of an Indiana My father, as my colleagues may re- work together to recommend qualified, pastor can be turned into a partisan call, served for 18 years on the Judici- nonideological jurists to the Federal zealot hostile to religion, which David ary Committee. I lack his patience and bench. Hamilton is not. To my mind, such therefore never have, but I admire very I know President Obama agrees with outrageous attacks say more about the much Senator LEAHY and those who this approach. His decision to make sad status of our judicial confirmation help shepherd these judicial nomina- Judge Hamilton his first judicial nomi- process than they do about Judge Ham- tions, which, unfortunately, are all too nee was proof that he wanted to change ilton. frequently unnecessarily contentious. the tone and follow the ‘‘Hoosier ap- Some of Judge Hamilton’s critics Secondly, I note the presence—I am proach’’ of working across party lines have even suggested his nomination sure he will be speaking shortly—of our to select consensus nominees. reaches the level of ‘‘extraordinary cir- colleague, Senator SESSIONS. Although On the merits, Judge Hamilton is an cumstances’’ justifying a filibuster. Senator SESSIONS and I have a dis- accomplished jurist who is well quali- This is a nominee jointly recommended agreement over this nomination, we fied to be elevated to the appellate to the President by a moderate Demo- have worked well in many areas, and I bench. He has served with distinction crat and the Senate’s senior Repub- look forward to collaborating with him as a U.S. district judge for over 15 lican. If this nomination constitutes in the future in those many areas years, presiding over approximately ‘‘extraordinary circumstances,’’ then where we do find ourselves in agree- 8,000 cases. He is now the chief judge of that phrase has ceased to have any ment. the Southern District of Indiana, where meaning whatsoever. I sincerely hope Today, I find myself in agreement he has been widely praised for his effec- that all involved will agree to give with my friend and colleague from my tive leadership. Throughout his career, Judge Hamilton the up-or-down vote he home State of Indiana, Senator LUGAR, Judge Hamilton has demonstrated the so clearly deserves. If not, I fear that who yesterday on this floor issued a highest ethical standards and a firm filibusters will become routine regard- compelling statement in support of the commitment to applying our country’s ing judicial nominees. That is not the nomination of David Hamilton for the laws fairly and faithfully. way our Framers intended us to oper- In recommending Judge Hamilton, I Seventh Circuit Court of Appeals. For ate, nor the way that we should. have the benefit of being able to speak all those Members of this body or those On a personal note, I have known from personal experience, because he viewing us from afar who have ques- Judge David Hamilton for over 20 was my legal counsel when I had the tions about Judge Hamilton, I strongly years. I know him to be a devoted hus- privilege of serving as Indiana’s Gov- band to his wife Inge, and a loving fa- recommend they read Senator LUGAR’s ernor. ther to his two daughters, Janet and very eloquent statement in his behalf. If you ask Hoosiers about my 8 years Devney. He is the nephew of former He went through every suggested con- as Governor, you will find widespread Congressman Lee Hamilton, a man troversy point by point, debunking agreement that we charted a moderate, whose integrity is beyond reproach. those who raised concerns about Judge practical, and bipartisan course. As my As someone who personally knows Hamilton, and ended up by noting his counsel, David Hamilton helped me and trusts Judge Hamilton, I say to my 40 years of acquaintance with both the craft bipartisan solutions to some of colleagues he is the embodiment of nominee and his family and his strong the most pressing problems facing our good judicial temperament, intellect, support for Judge Hamilton’s nomina- State. and evenhandedness. If confirmed, he tion. He helped resolve several major law- will be a superb addition to the Sev- I rise today to speak in favor of the suits that threatened our State’s finan- enth Circuit Court of Appeals. nomination of Judge David Hamilton. I cial condition. He wrote a tough new I urge my colleagues to join me and join with Senator LUGAR to recommend ethics policy to ensure that our State Senator LUGAR in supporting this ex- Judge Hamilton because I know first- government was operating openly and tremely well-qualified and deserving hand that he is a highly capable lawyer honestly. nominee. who understands the limited role of the In addition to his insightful legal Before I end, let me say a couple of Federal judiciary. analysis, I could always count on David additional things. David Hamilton has In recent days, some of Judge Hamil- Hamilton for his sound judgment and been subjected to a number of un- ton’s critics have unfairly character- the commonsense Hoosier values he founded attacks, probably the most lu- ized his record and even suggested that learned growing up in southern Indi- dicrous of which is that he is anti-reli- his nomination should be filibustered. I ana. Like most Hoosiers, David Ham- gion in general and hostile to Jesus rise today to set the record straight ilton is not an ideologue. Christ in particular. His father was a and hope my colleagues will join Sen- During his service in State govern- 40-year Methodist pastor. David Ham- ator LUGAR and me in supporting this ment, he also developed a deep appre- ilton was baptized and married by his superbly qualified nominee. ciation for the separation of powers father. Before he served as a Federal Before I speak to Judge Hamilton’s and the appropriate role of the dif- district court judge, he placed his hand qualifications, I wish to briefly com- ferent branches of government. If con- upon the Bible—the Old and New Tes- ment on the state of the judicial con- firmed, he will bring to the seventh cir- tament alike—and pledged loyalty to firmation process generally. In my cuit a unique understanding of the im- our Nation and devotion to our laws. view, this process has too often become portant role of the States in our Fed- He is not hostile to religion or to Jesus consumed by ideological conflict and eral system and will be ever mindful of Christ. That charge is unfounded. partisan acrimony. I believe this is not the appropriate role of the Federal ju- Likewise, it has been suggested that how the Framers intended us to exer- diciary. He understands the appro- he is, in some way, soft on crime. A cise our responsibility to advise and priate role for a judge is to interpret particular case has been cited involv- consent. our laws, not to write them. ing child pornography. I find this to be

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27790 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 ironic since he sentenced the accused without the ability of the public to re- lem. According to some press reports, to the sentence required by the sen- view, even if the judge conducts him- Judge Hamilton’s nomination was in- tencing guidelines, not 1 day less. self in a way that is not appropriate. tended to send a pacifying signal to the Judge Hamilton has had the responsi- The American people may vote us out Republicans, and they indicated—some bility of handing down 700 criminal of office, and they do from time to of the Administration’s spokesmen— sentences in his time on the bench. The time. They can vote their Governors that future nominees would be more Justice Department has appealed two— out, as well as others. But Federal ideologically provocative. I am at a a mere fraction of 1 percent. Judge judges are not subject to that. There- loss to think that we would have some- Hamilton is not soft on crime. fore, I think it is critically important one with greater ideological commit- Finally, it has been suggested that that before we bestow that lifetime ap- ment than Judge Hamilton. Perhaps we Judge Hamilton is a judicial activist. A pointment, that power to define the will see that in the future. I don’t case in our State involving abortion meaning of words in our laws and our think we have seen that to date. I have rights has been cited in that regard. I Constitution, we be certain that the voted for most of the President’s nomi- find that to be ironic, as well, because nominee is a person who is committed, nees, but some I have not supported. the president of the Indiana Federalist as the oath says, to serving under the To begin with, Mr. Hamilton was a Society, an organization not known for Constitution and the laws and not board member and vice president of the embracing activist judges, strongly en- above them. ACLU chapter of Indiana. They take dorsed Judge Hamilton’s nomination, This nominee has some problems. Un- some very strong positions on constitu- fortunately, it is not totally an iso- saying: tional questions that I think are un- lated matter. There is indeed a philos- justified. He signed onto that organiza- I regard Judge Hamilton as an excellent ju- ophy prevalent among many judges in rist with a first-rate intellect. He is tion fully knowing what they stood for. unfailingly polite to lawyers and asks tough law schools that has led to, I think, an He previously worked for and has been questions to both sides, and he is very abuse of office by certain judges. In re- associated with ACORN, which is cer- smart—to the left of center, but well within cent years, they have developed an idea tainly not a mainstream organization the mainstream. that the Constitution is not a change- but a real left-wing group. Investiga- That is the position of Geoffrey less contract with the American peo- tions and reports of their activities Slaughter, president of the Indiana ple, but a ‘‘living document,’’ they have not made us feel good about Federalist Society. say—in other words, a malleable in- ACORN, that is for sure. I find this set of circumstances to be strument that they are free to mas- There is a theory that Judge Hamil- most unfortunate. David Hamilton is sage, so that it is made to read as they ton’s views are outside the mainstream superbly qualified. I think this is, more would like it to read, or as they wish it of President Obama’s other nominees, than anything else, a comment on the had been written rather than doing the vast majority of whom have openly sad state of our judicial nominating their duty, which is to follow the docu- rejected the President’s so-called em- process, where this individual has been ment as it was in fact written. pathy standard, and have stated that I believe this disrespects the Con- caricatured as out of sorts with reality, empathy should not play a role in a stitution, weakens the Constitution. If and if extraordinary circumstances are judge’s consideration of a case. Asso- it is not respected by this judge today, found with regard to David Hamilton, I ciate Justice Sotomayor rejected this what would prohibit a judge tomorrow am afraid that filibusters of judicial notion explicitly at her confirmation. with a different philosophy from vio- nominations will become routine on However, instead of embracing the lating it at that point? I think it is in- the floor of the Senate. That would not constitutional historic standard of ju- deed a dangerous philosophy, one that be good for this body or our country. I risprudence that Justice Sotomayor Judge Hamilton has bought into. That hope we don’t go there today. said she believed in, one that says is part of his approach to law. Again, I urge my colleagues to join judges must faithfully adhere to the I do think judges must be committed rule of law as written, Judge Hamilton with me and Senator LUGAR in strongly to their oath and to the Constitution, invoking cloture on this nomination has embraced openly the empathy and that they are not empowered to standard which, I submit, is no stand- and voting to confirm him to the court amend the Constitution, or write foot- ard at all. It is not a legal standard. of appeals. notes to it. Judge Hamilton has been In response to a follow-up question I am glad to see Senator SESSIONS. I nominated by the President for the after his hearing, Judge Hamilton said noted our many areas of agreement and U.S. Court of Appeals for the Seventh empathy was ‘‘important in fulfilling it has been my pleasure working with Circuit. He is now a Federal district judicial oaths.’’ He further stated, and the Senator from Alabama in the judge. In that capacity, he is one step this was in answer to a question, I be- past—even as we have a difference of below the Supreme Court, and he would lieve, by Senator HATCH—he further opinion about this nomination today. have considerably more power to define stated: I ask unanimous consent that the words in our laws and Constitution A judge needs to empathize with parties in time for any quorum calls be charged than he does as a district judge. During the case, plaintiff and defendant, crime vic- equally to both sides. his campaign, the President promised tim and accused defendant, so that the judge The PRESIDING OFFICER. Without to seek a bipartisan administration, can better understand how the parties came objection, it is so ordered. but we have had a number of can- to be before the court and how rules affect Mr. BAYH. I yield the floor. didates, I think, for the judiciary, and those parties and others in similar situa- The PRESIDING OFFICER. The Sen- efforts on matters such as health care, tions. ator from Alabama is recognized. that demonstrate otherwise. Some I disagree with that. It is a pretty Mr. SESSIONS. I thank Senator time ago, a number of us—I think all 40 significant disagreement, actually. BAYH for his comments and admire his Republicans—wrote and suggested that Whenever a judge empathizes with a support for a friend, the nominee under he re-nominate some outstanding can- party, whenever a judge uses or allows consideration today. He is an excellent didates for the circuit court, who his personal beliefs, biases, or experi- Senator who continues to strive for President Bush had submitted and were ences to inform or influence a decision fairness and good policy in the Senate. not confirmed, just as President Bush in favor of one party, he would then Certainly, no one likes to oppose a re-nominated some of President Clin- necessarily disfavor the other party. nominee for the Federal bench. It is ton’s nominees when he took office. We Empathy directly conflicts with the ju- not a very pleasant thing to do. Having suggested it would be a good first step dicial oath which requires judges to seen that process from both sides, I in showing that kind of commitment to faithfully and impartially ‘‘administer particularly don’t relish the thought. openness. But the White House never justice without respect to persons, and But judges are seeking lifetime ap- even acknowledged that letter. do equal right to the poor and the rich pointments to the Federal bench, and With Judge Hamilton, his first judi- . . . under the Constitution and laws of they would hold their office for life, cial nominee, I think we have a prob- the United States.’’

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In the Speaker’s chair and opens the ses- But this is an outcome-determinative more than a few instances he has used sion with a prayer and periodically philosophy of law, and outcomes are to his position to drive a political agenda, mentions Jesus’s name in that process. be considered by the legislative branch, it seems clear to me. Some can say it So I don’t know how we get to this. No- the policymaking branch, when they is not. We all make our best judgment body, I assume, would challenge what pass the law. We pass laws and we do about those matters. I think in this we do here—at least they have not our best to figure out what impact case he has a political agenda that is done so effectively yet. they will have and how they should be guided by personal beliefs and not the In Grossbaum v Indianapolis-Marion enforced, and we draw the lines at this rule of law. County Building Authority, Judge and that. It goes to a judge. Then a He has been reversed quite a number Hamilton denied a rabbi’s plea to allow judge now is empowered to say: I know of times by the Seventh Circuit Court a menorah to be part of a municipal they wrote this, but I don’t like the ef- of Appeals, the very court for which he building’s holiday display. The Seventh fect it is going to have on party A, so has now been nominated. Circuit unanimously reversed that er- I am not going to enforce it. I don’t I would like to next look at the roneous opinion, finding that Judge want to be harsh. I don’t want to be a Hinrichs v Bosma case. I do not con- Hamilton failed to acknowledge the strict constructionist. I believe I have tend, and it is not right to say, Judge rabbi’s right to display the menorah as the ability to empathize with the par- Hamilton is hostile to religion. It does symbolic religious speech protected by ties. The way I feel today I empathize appear he is hostile to the free expres- the Constitution. with this party and not that party. sion of religion in certain cir- As we know, in the Constitution’s You see, that is not law. It is not law cumstances and has been reversed as a first amendment it says Congress—us— in the great American tradition of law. result of it. Congress shall make no law respecting It is more akin to politics. Judges put I want to be fair to him. In the the establishment of a religion, or pro- on robes, they take oaths, they conduct Hinrichs case, he enjoined or issued an hibiting the free exercise thereof. That themselves—the judges I have known order to the speaker of the Indiana is all the Constitution says about reli- over the years—in every way possible House of Representatives, telling the gion. It just as strongly prohibits limi- to send a message that they follow speaker that he cannot allow sectarian tations on free exercise of religion as it their oath and they do their duty and prayers, ruling that the prayers being clearly prohibits the government from they treat people fairly, without bias said violated the Establishment Clause establishing a church and making it or prejudice or empathy. Is empathy of the Constitution because many of preferable over others. not a form of prejudice for one party or the prayers expressly mentioned Jesus It is interesting. The results reached another? Christ. Yet in a post-judgment motion, in these decisions are strikingly simi- I think this is a big deal. These are Judge Hamilton permitted the use of lar to the positions consistently advo- big issues, and I think Judge Hamil- Allah by a Muslim imam who was in- cated by the ACLU, the organization ton’s position is incorrect. He is a good vited to pray at the legislature because with which Judge Hamilton has been person; I do not dispute that. But we he found there was ‘‘little risk’’ that associated prior to becoming a judge. are talking about whether he should be such prayers ‘‘would advance a par- Judge Hamilton’s problematic rul- empowered to be an appellate judge, ticular religion or disparage others.’’ ings are not limited to cases involving one step below the U.S. Supreme Court. I don’t think that is a sound legal ap- religion. Lawyers quoted in the Alma- His view of the role of a judge trou- proach. But that is exactly what he nac of the Federal Judiciary describe bles me. In a 2003 speech he said the said. People can say he did not mean him as one of the most lenient judges role of a judge includes ‘‘writing a se- that. But that is what happened. Judge in his district in criminal matters. His ries of footnotes to the Constitution.’’ Hamilton concluded in that case: rulings on the bench have lived up to In explaining this answer to a ques- When government prayers are expressly that reputation. tion Senator HATCH submitted to him and consistently sectarian, i.e., when they In the Rinehart case, Judge Ham- after the hearing, he wrote that he be- express faith of a particular religion, then ilton, I think inappropriately, acted lieves the Framers intended for judges the opportunity for prayers is being used to and used his opinion in the case to re- advance a particular religion contrary to the quest clemency—that is either elimi- to be able to amend the Constitution mandate of the Establishment Clause. through evolving case law, in effect nation of the penalty he imposed pur- I don’t think that is accurate because saying: suant to the mandatory Federal guide- the law is, indeed, difficult in this area. lines, at least within that range—for a Both the process of case-by-case adjudica- But this is one of the more dramatic tion and the Article V amendment processes police officer who had pled guilty to are constitutionally legitimate, and were rulings I have seen in this area of the two counts, not of seeing pornography both, in my view, expected by the Framers, law. or possessing pornography but pro- provided that case-by-case interpretation In addition to prohibiting such sec- ducing child pornography. A 32-year- follows the usual methods of legal reasoning tarian prayers, as he defined it, Judge old officer had engaged in ‘‘consen- and interpretation. Hamilton held that the speaker of the sual’’—consensual sex with two teen- I think that is a pretty strong state- house must advise any officiant who agers and videotaped the activity. ment. He says the process of case-by- opens the legislature with a prayer In United States v Woolsey, the Sev- case adjudication and Article V amend- that a prayer must be nonsectarian, enth Circuit faulted Judge Hamilton ment processes are constitutionally le- must not advance any one faith, or dis- for disregarding an earlier felony drug gitimate—in effect, constitutionally le- parage another, and must not use conviction in order to avoid imposing a gitimate ways to alter the document. ‘‘Christ’s name or any other denomina- life sentence on a repeat offender. He Article V is the amendment process. tional appeal.’’ didn’t want to do that so he ignored That is how we amend the Constitu- The Seventh Circuit initially denied the prior conviction that would have tion. I am troubled by his statements. the speaker’s request for a stay of that called for that. That was just recently when he sub- injunction, finding that the ruling was In reversing his decision, the Seventh mitted a written answer to questions. supported by some precedent. However, Circuit reminded Judge Hamilton that That is not a sound view of judging, in after full briefing and oral argument, he was not free to ignore prior convic- my opinion. they reversed and remanded with in- tions, regardless of whether he deemed I would say, indeed, it is the essence structions to dismiss, finding that the the penalty for recidivists to be appro- of an activist judicial philosophy. That plaintiffs lacked standing. priate.

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Last week, Seventh Circuit court noted that Judge reach an agreement with my col- the Judiciary Committee chairman Hamilton had abused his discretion. leagues, Senator LEAHY and others, to placed in the Record a commentary by This is how they described it. not follow the filibuster rule, I think a law professor claiming that there had This is a strong condemnation, from the Senate would probably be better. already been cloture votes on three ju- my experience, as to how appellate But under President Bush, some 30 fili- dicial nominees. The CONGRESSIONAL judges deal with lower court judges busters against his nominees were ef- RECORD is supposed to be a nonfiction who make errors. They know judges fected. Eventually, we had a political work. make errors from time to time. They brouhaha here for several years that On the one hand, Democrats claim just reverse it and try not to be too culminated in a decision that the fili- the Senate is not confirming nominees critical. But this is what they said in buster would be acceptable if you be- and then, on the other hand, complain this case: lieved there were extraordinary cir- that Senators actually must vote on For seven years Indiana has been pre- cumstances justifying that against a them. This no doubt baffles many vented from enforcing a statute materially nominee. This judge’s history and Americans, who probably think that identical to a law held valid by the Supreme voting is one of the things Senators Court in Casey, by this court in Karlin, and background reach that level. That is by the Fifth Circuit in Barnes. No court any- why I will not be voting for him. come here to do. But the practice of where in the country (other than one district I don’t think we should abuse this using a rollcall vote to confirm judge in Indiana) has held any similar law policy. I think we would be better off if norcontroversial judicial nominees was invalid in the years since Casey . . . Indiana we did not. But that is what the Senate already firmly established, and not by (like Pennsylvania and Wisconsin) is entitled basically decided when the Gang of 14 Republicans. The percentage of district to put its law into effect and have that law reached their agreement in the midst court nominees confirmed by rollcall judged by its own consequences. of a debate, for those who said you vote during the administration of They were referring to Judge Ham- shouldn’t filibuster and for those who George W. Bush was 26 times higher ilton. In other words, if the judge said you can, and they reached that than during the previous 50 years. You didn’t like the consequences of it and if agreement. I think that is probably the heard that right, 26 times higher. And his empathy made him believe this was state of the situation in the Senate. the percentage of those rollcall votes not a good policy, he is not empowered Based on that standard, I will oppose without any opposition skyrocketed as to do that. The legislature passed a cloture. well. The majority today has no one to constitutional statute that simply I yield the floor. blame but themselves for forcing such said: Before a person has an abortion, Mr. HATCH. Mr. President, today the changes in confirmation tradition and they must be given notice of what the Senate takes up the nomination of practice. ramifications are so they can be in- David Hamilton to the U.S. Court of If Republicans really wanted to ob- formed when they make their decision. Appeals for the Seventh Circuit. This struct President Obama’s nominees, I Apparently, he didn’t like that. For 7 controversial nominee’s record includ- suppose we could have followed the years, through a series of rulings, he ing his decisions, speeches, and testi- Democrats’ example from 2001. Under kept it from being enforced. This case mony before the Judiciary Committee Senate rules, pending nominations ex- is a blatant example of him allowing reflects an activist judicial philosophy pire and return to the President when his personal views to frustrate the will that is inconsistent with the proper the Senate adjourns or recesses for of the people and the popularly elected role of judges in our system of govern- more than 30 days. We routinely waive representatives of the government of ment. As a result, while I voted for clo- that rule to carry pending nominations Indiana. The people of Indiana went ture, I will vote against confirmation. over the August recess. But on August through a lot as a result. There were Even with control of both the White 3, 2001, Democrats objected to that tra- multiple appeals and lawsuits and at- House and Senate, and with the largest ditional practice in order to send 45 ju- torneys. They were forced to expend Senate majority in 30 years, Democrats dicial nominees back to the President. great sums of money to overcome what are still complaining about the slow ju- Some had been nominated literally the appeared to me to be obstructionism. dicial appointment pace. But we have day before. Some had been nominated Chief Justice Roberts said it best nominees for only 19 of the current 99 to life-tenured Federal courts, but oth- when he said judges should be neutral judicial vacancies. Twenty-four of the ers to term-limited courts such as the umpires, calling balls and strikes based 80 current vacancies for which there U.S. Court of Claims or the District of on the law and the evidence. Unfortu- are no nominees are more than 1 year Columbia Superior Court. It did not nately, Judge Hamilton disagrees with old. And yet one of the nominees we matter to my Democratic friends, they the idea that a judge should be a neu- tral umpire. This is what he said: have received and who will have a hear- did anything and everything they could ing tomorrow would fill a seat on the to keep nominees from any consider- Judges reach different decisions from time to time. In that sense, the call is not was U.S. district court that is not vacant at ation at all, including inventing en- that a ball or a strike. But taking into ac- all. tirely new forms of obstruction. count what happened and its effects on both At this point in 2001, President And then, of course, there were the parties, what are the practical consequences. George W. Bush had sent nearly twice first filibusters in American history We don’t want a baseball umpire who as many judicial nominees to the Sen- used to defeat majority-supported judi- says: If I call this a strike, that will be ate despite dealing with the aftermath cial nominees. My Democratic friends the third out and the game will be of the 9/11 terrorist attacks and a Sen- invented that one too during the pre- over. I believe, with all sincerity, these ate controlled by the other political vious administration. Their scorched- views represent a results-oriented, ac- party. And nominees to the U.S. dis- earth campaign changed many long-es- tivist philosophy that is hostile to the trict court this year have been con- tablished confirmation traditions and great American role of a judge in our firmed nearly 15 percent faster than practices. So it is little wonder that constitutional system. I believe it dis- President Bush’s district court nomi- today, with such a controversial nomi- qualifies him for elevation to the court nees during the 107th Congress. nee before us, many on this side of the of appeals. Democrats have nonetheless accused aisle feel justified in following the This is one of those extraordinary the minority of engaging in filibusters. Democrats’ playbook. I do not blame circumstances where the President If the word ‘‘filibuster’’ is used any- them for that. I voted for cloture today

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He is wrong on both counts. crats should not have dragged the Sen- chose to ignore one of a defendant’s If judges may change the Constitution ate across that line, and I fear that prior drug convictions so that he did through their decisions, they literally doing so may have unalterably changed not have to impose a life sentence. In can make the law they use to decide how this body fulfills its role in the ju- Judge Hamilton’s personal opinion, a cases. The Constitution cannot control dicial selection process. Yet, for now at court in another state—where Judge judges if judges control the Constitu- least, I still believe that the Senate Hamilton, of course, had no jurisdic- tion. fulfills its advice and consent role best tion whatsoever should have set aside America’s Founders flatly and explic- by voting up or down on nominees that that earlier conviction and so he was itly rejected that view. In his farewell have been reported to the floor. That is simply going to ignore it. Mind you, address, President George Washington why I voted for cloture on this nomina- even the defendant himself had not de- said that if the Constitution must be tion. nied the earlier conviction, but Judge changed, ‘‘let it be corrected by an That said, I must vote against con- Hamilton was still going to substitute amendment in the way which the Con- firmation of this controversial nomi- his own judgment. In one of the most stitution designates. But let there be nee. Qualifications for judicial office stunning statements I have ever read no change by usurpation.’’ By his own include not only legal experience but in a judicial opinion, Judge Hamilton words, the Father of our Country dis- also judicial philosophy. I define judi- wrote that he ‘‘ought to treat as hav- puted Judge Hamilton’s assertion cial philosophy as an understanding of ing been done what should have been about the judiciary’s proper role. In the power and proper role of judges in done.’’ In other words, he would not let Marbury v. Madison, Chief Justice our system of government. Judge Ham- the law, the facts, rulings of other Marshall wrote that America’s Found- ilton’s activist record fails that stand- courts with proper jurisdiction, or any- ers intended the Constitution to govern ard. thing else stand in the way of how he courts as well as legislatures. This no- Turning to that record, Judge Ham- wanted things to be. That is perhaps tion that constitutional amendments ilton has rendered a pattern of deci- the ultimate mark of the activist by judges are as legitimate as those by sions that evidence a willful assertion judge, driven by results and finding the people is completely inconsistent of personal views over the require- whatever means necessary to get there. with the proper role of judges in our ments of the law. Now I know we will When the Seventh Circuit reversed system of government but completely hear that only a fraction of Judge Judge Hamilton, it cited its own prece- consistent with the activist approach Hamilton’s decisions as a U.S. district dents that Judge Hamilton should have evidenced by Judge Hamilton’s deci- judge are controversial. Most of any followed and concluded: ‘‘Furthermore, sions. judge’s decisions make no waves and we have admonished district courts Well, I have said enough here to indi- raise no flags. When he served in this that the statutory penalties . . . are cate the basis for my opposition to this body, President Obama himself said not optional, even if the court deems controversial judicial nominee. I regret that only 5 percent of the Supreme them unwise or an inappropriate re- that President Obama chose someone Court’s decisions are truly the hard sponse to repeat drug offenders.’’ with such an activist judicial philos- cases, and this percentage may shrink A judge should not have to be told ophy as his first judicial nominee. I with each step down the judicial pyr- that statutory requirements are not had hoped that he would take a more amid. I need not recount the few cases optional. A judge should not have to be balanced approach to judicial selec- that my friends on the other side found told that he must decide cases based on tion, choosing consensus nominees that more than sufficient to oppose so many the law rather than on his personal most Senators could support. I hope nominees in the past. The cases that sense of justice or his belief about what the nominee before us today does not matter are the ones that tell us what should have been done at other times set a pattern to be followed in the fu- we need to know about a judge and his by other courts. A judge who must be ture and I will vote against his con- judicial philosophy. I know other Sen- told that he has an activist approach firmation. ators will be speaking about a number to judging that, in my opinion, should The PRESIDING OFFICER. The Sen- of these and I want to highlight two of not be rewarded with promotion to the ator from Vermont. them. federal appeals court. Mr. LEAHY. Mr. President, I wish to In one notorious case, Judge Ham- Those are just two of Judge Hamil- respond to some of the things the dis- ilton for 7 years blocked enforcement ton’s decisions which I found fit a dis- tinguished Senator from Alabama has of Indiana’s law requiring informed turbing pattern of deciding cases based said. To call this the first filibuster of consent before a woman can obtain an on his own views rather than the law. a judicial matter this year is not to- abortion. The Supreme Court had 5 I also found that the rest of Judge tally accurate. We have people who are years earlier upheld a Pennsylvania in- Hamilton’s record reflected the same confirmed unanimously after being formed consent law that the seventh activist view of judicial power. In blocked for month after month by the circuit would later describe as ‘‘mate- speeches, for example, Judge Hamilton Republican side, who then says: But we rially identical’’ to the one before has endorsed the view that ‘‘part of our didn’t filibuster. Judge Hamilton. That was the prece- job here as judges is to write a series of Mr. SESSIONS. Will the Senator dent he should have followed. Instead, footnotes to the Constitution.’’ He has yield for a question? he turned a minor factual distinction said that those supporters to the equal Mr. LEAHY. Yes. into a constitutional difference and rights amendment to the Constitution Mr. SESSIONS. Will the Senator cite issued a preliminary injunction in 1995. ‘‘lost the battle but have won the war’’ a single vote prior to this where this Following the Supreme Court, the Sev- because the Supreme Court changed Senator has voted against cloture? enth Circuit upheld a virtually iden- the Constitution in substantially the Mr. LEAHY. That is not what I said. tical Wisconsin statute in 1999, but same way that the ERA would have. I am saying we have had several nomi- Judge Hamilton also ignored that This latter view that judges may nees who were approved, not only judi- precedent and issued a permanent in- amend the Constitution through their cial but others, overwhelmingly—80, 90, junction in 2001 against the Indiana decisions is particularly troubling. I 100 votes. They had to wait month after law. I do not see any way to explain his asked Judge Hamilton about this state- month because the Republican side decisions in this case except as a will- ment in written questions following his would not allow us to even proceed to ful assertion of his own opinion over hearing. Judge Hamilton stated that them by filibustering or threatening a what the law required. When the Sev- both the process of case-by-case adju- filibuster. You have de facto de jure

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27794 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 filibusters. During President Clinton’s of the day, the stimulus package, not are still stalling his confirmation vote. time, the Republicans pocket-filibus- one Member of 170-plus in the House of Again, he was nominated on March 17. tered 60 of President Clinton’s nomi- Representatives, not one Republican This fair and impartial judge is being nees. Member was for the stimulus package. blocked for no other reason than to I yield up to 5 minutes to the distin- Only three Republicans in this Cham- stop us from filling a critical seat on guished senior Senator from Pennsyl- ber would even talk to Democrats. In the appeals court with President vania. the House of Representatives, on com- Obama’s nominee. The PRESIDING OFFICER (Mr. prehensive health care reform, only As we know, and as the distinguished KAUFMAN). The Senator from Pennsyl- one Republican out of 170-plus stood in Senator from Pennsylvania spoke vania. favor of the bill. He became a hero or, about a moment ago, this is not a first. Mr. SPECTER. Mr. President, I have perhaps more accurately, an oddity. In In fact, 90 times so far this year—I am sought recognition to speak in favor of the Senate, only one Republican in the going to have to get a bigger chart the nomination. Speaking candidly, Finance Committee would stand and soon—90 times we have seen Repub- perhaps bluntly, Judge Hamilton is a vote in favor of reform. Is it any won- licans come to the floor and object in pawn in partisan political warfare. der why the Congress of the United some manner to moving our country That is the long and short of it. This is States is held in such low esteem by forward, to moving the people’s agenda the 90th filibuster in the past several the American public? Is it any wonder forward. months. This follows a pattern, regret- why approval ratings across the board Over and over again, we are seeing tably, that goes back almost two dec- are dropping in practically free-fall, tactics to simply slow the Senate ades, when both sides, Democrats and with a dull thud, because the American down, and a majority of these objec- Republicans at various times, have en- people see what is going on in this tions, as the Presiding Officer knows, gaged in filibusters against judicial Chamber and in the Chamber across have ended actually in unanimous nominees where there was no justifica- the Rotunda and are, frankly, dis- votes once we have actually gotten tion to do so. It occurred extensively gusted with it. They are sick and tired through all of the process, all of the during the Clinton administration. At of seeing the partisan politics at play. strategies, and actually gotten to a that time, on the other side of the A great deal has been said about the vote. Almost in every case, people have aisle, I supported many of President qualifications of David Hamilton. Be- been confirmed overwhelmingly, if not Clinton’s nominees. It occurred during yond any doubt, he is well qualified for unanimously, and the same is true the Bush administration, when I the job. During my tenure on the Judi- with legislation. chaired the Judiciary Committee, and ciary Committee, some three decades, We are at a point where the stalling there were repeated filibusters by part of which I served as chairman, I has to stop. We have two wars hap- Democrats against President Bush’s have seldom seen a better qualified pening. We have the highest unemploy- nominees. candidate. I am reminded of the objec- ment in a generation. We have an econ- At that time, this Chamber was al- tions raised by Democrats to Judge omy to worry about, financial reform most torn apart with the ferocity and Southwick, picking a couple lines from to worry about, and certainly health intensity of the partisanship, with seri- a couple opinions. Fortunately, sanity care, which is about jobs, which is in ous consideration being given to what prevailed and Judge Southwick was front of us now. was called the nuclear or constitu- confirmed. This is an outstanding man. The time is now to stop. Every Sen- tional option, when there was serious One additional note. His uncle is Lee ator has the right to vote yes or no on consideration given to altering the tra- Hamilton, the very distinguished a nominee or on legislation. But 90 ditional requirement of 60 votes to end former Member of the House of Rep- times—and counting—we have simply a filibuster. There was a tactic devised resentatives. seen objections and stalling tactics to to challenge the ruling of the Chair, I address all my colleagues: Let’s call slow down the business of this country. which could be overruled by or upheld a truce. Let’s end the partisan political I hope we are going to see that stop in by only 51 votes, and thereby move the warfare. Let’s start with the confirma- the interest of everything we need to judicial nominees without the tradi- tion of Judge Hamilton. get done. tional 60 votes. Fortunately, sanity Mr. LEAHY. I thank the distin- I strongly support this nominee. and tradition prevailed and we worked guished Senator from Pennsylvania. Thank you, Mr. President. out a compromise with the so-called I yield up to 4 minutes to the Senator The PRESIDING OFFICER. The Sen- Gang of 14 to confirm some and to re- from Michigan. ator from Vermont. ject others. Now we find the pattern The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I ask the continues. ator from Michigan. distinguished Presiding Officer to no- It is my hope that at some point we Ms. STABENOW. I thank the distin- tify me when I have 3 minutes remain- can declare a truce, an armistice, and guished chairman of the Judiciary ing. stop the partisan political warfare. The Committee, not only for his commit- The PRESIDING OFFICER. The nomination of Judge Hamilton would ment but his patience as he has had to Chair will do so. be a good occasion to do that. labor through objection after objec- Mr. LEAHY. Mr. President, today, Senator LUGAR, in his mild manner, tion, stalling tactic after stalling tac- the Senate finally turns to the Repub- in a floor statement in support of the tic, to fill these critical judgeships. On lican filibuster against the nomination nomination, has said: March 17, President Obama nominated of Judge David Hamilton of Indiana to The confirmation process is often accom- his first judge to the Federal bench, the Seventh Circuit. Republican Sen- panied by the same oversimplification and David Hamilton, whose nomination the ators who, just a few years ago, pro- distortions that are disturbing even in cam- Republicans are now filibustering. He tested that such filibusters were un- paigns for offices that are, in fact, political. nominated him on March 17. Judge constitutional. Republican Senators Having worked with Senator LUGAR Hamilton is not a partisan judge. He who joined in a bipartisan memo- in this Chamber for the better part of has an excellent record. He has upheld randum of understanding to head off three decades, I have observed his mod- the law. He has been an impartial um- the ‘‘nuclear option’’ that the Repub- esty, his circumspection, and his un- pire of cases before him. For 15 years, lican Senate leadership was intent on derstatement. But those soft words he has served with distinction on the activating. Republican Senators who about oversimplification and distor- Federal district court, and he has the agreed that nominees should only be tions give a clue to what is going on strong support of his two home State filibustered under ‘‘extraordinary cir- today. Senators, a distinguished Republican cumstances.’’ Those same Republican Regrettably, this is part of a broader and a distinguished Democrat. He has Senators are now abandoning all that picture, a broader picture of partisan the highest rating from the American they said they stood for, and are in- political warfare. On the major issues Bar Association. Yet the Republicans stead joining together in an effort to

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prevent an up-or-down vote on the We firmly believe this agreement is con- Senator LUGAR is one of the finest nomination of a good man and a good sistent with the traditions of the United Senators to have ever served in the judge, David Hamilton of Indiana. States Senate that we as Senators seek to Senate. First elected in 1976, he is the The American people should see this uphold. longest serving U.S. Senator in Indiana for what it is: more of the partisan, How easy it was for them to say at a history. He is a strong man with strong narrow, ideological tactics that Senate time when we had a Republican Presi- views, a conservative Republican. He is Republicans have been engaging in for dent. Now we have a Democratic Presi- no one’s shill. decades as they try to pack the courts dent who has done exactly what these Instead of praising the President for with ultraconservative judges. What is Republican Senators recommended. He consulting with the senior Republican at stake for the American people are has consulted with home state Sen- in the Senate, the Republican leader- their rights, their access to the courts, ators from both sides of the aisle re- ship has doubled back on their de- their ability to seek redress for wrong- garding his judicial nominees. And yet mands when a Republican was in the doing. Republican Senators still say: Whoops, White House. No more do they talk I thank the distinguished Senator no. We are going to stall. We are going about each nominee being entitled to from Michigan for pointing out these 90 to filibuster. We are going to make you an up-or-down vote. That position is delays just in this year alone. In evalu- wait 6 months to get a nominee abandoned and forgotten. Instead, they ating this nomination, the nonpartisan through, in one instance, who then got now seek to filibuster this judicial American Bar Association’s Standing a unanimous vote. nomination and engage is the very act Committee on the Federal Judiciary In the last administration, with a Re- that Republican leaders used to con- unanimously rated Judge Hamilton publican President, they condemned tend that they never do. They have ‘‘well qualified,’’ the highest rating filibusters of judicial nominations as also abandoned the new position they possible. He has served as a Federal ‘‘unconstitutional,’’ ‘‘obstructionist,’’ took only months ago when they district Judge for 15 years and is now and ‘‘offensive.’’ They issued a threat, threatened to filibuster if not con- the chief judge in his district. His nom- though, to filibuster before President sulted. We are forced to overcome a fil- ination is supported by the senior Re- Obama made a single nomination. They ibuster of this nomination despite the publican in the Senate, his senior home wrote in a March 2 letter to the Presi- President’s bipartisan consultation dent: State Senator, Senator LUGAR, and by with Senator LUGAR. If we are not consulted on, and approve of, Senator BAYH. That is correct: Judge When President Bush worked with Hamilton has the support of both of his a nominee from our states, the Republican Conference will be unable to support moving Senators across the aisle, I praised him home state Senators, the longest-serv- forward on that nominee. and expedited consideration of his ing Republican in the Senate, and a Well, of course, they were consulted. nominees. When President Obama well-respected moderate Democrat. The President, in his first nomination, reaches across the aisle, the Senate Re- Unlike his predecessor, President went to the senior most member of the publican leadership delays and ob- Obama has reached across the aisle to structs his qualified nominees. Republican Party, Senator LUGAR, for work with Republican Senators in his approval and his support. He ended Today is November 17. By November making judicial nominations. The up doing every single thing the Repub- 17 of the first year of George W. Bush’s nomination of Judge Hamilton is an licans demanded that he do, and their Presidency, the Senate had confirmed example of that consultation. Other ex- response was: Whoops, never thought 18 district and circuit court judges. By amples are the recently confirmed you would do what we asked for. We contrast, once cloture is invoked and nominees to vacancies in South Da- are still going to filibuster. the Republican filibuster ended, Judge kota, who were supported by Senator The American people and the Senate Hamilton will be just the seventh lower THUNE, and the nominee confirmed to a need to understand that Judge Ham- court nomination the Senate has con- vacancy in Florida, supported by Sen- ilton was nominated with the support sidered all year. We achieved those re- ators MARTINEZ and LEMIEUX. Still and strong endorsement of Senator sults in 2001 with a controversial and others are the President’s nomination LUGAR, the longest-serving Republican confrontational Republican President to the Eleventh Circuit from Georgia, in the Senate. At Judge Hamilton’s after a mid-year change to a Demo- supported by Senators ISAKSON and hearing over 7 months ago Senator cratic majority in the Senate. We did CHAMBLISS, his recent nominations to LUGAR described Judge Hamilton as so in spite of the attacks of September the Fourth Circuit from North Caro- ‘‘an exceptionally talented jurist’’ and 11; despite the anthrax-laced letters lina, which I expect will be supported ‘‘the type of lawyer and the type of sent to the Senate that closed our of- by Senator BURR, and the recent nomi- person one wants to see on the Federal fices; and while working virtually nation to a vacancy in Alabama sup- bench.’’ He knows David Hamilton and around the clock on the USA PATRIOT ported by Senators SHELBY and SES- said of him at his hearing: Act for six weeks. By comparison, the SIONS on which the Judiciary Com- I have known David since his childhood. Republican minority this year has al- mittee held a hearing 2 weeks ago. His father, Reverend Richard Hamilton, was lowed action on only one-third that I remind those Republican Senators our family’s pastor at St. Luke’s United many judicial nominations to the Fed- who endorsed the Memorandum of Un- Methodist Church in Indianapolis, where his eral circuit and district courts as were derstanding on Judicial Nominations mother was the soloist in the choir. Knowing confirmed by this date in 2001. in 2005 of what they wrote when there first-hand his family’s character and com- Charlie Savage made this point in was a Republican President in the mitment to service, it has been no surprise The New York Times this past Sunday White House. How quickly they seem to me that David’s life has borne witness to the values learned in his youth. when he wrote: to forget. They said: By this point in 2001, the Senate had con- Senator LUGAR gave a brilliant We believe that, under Article II, Section firmed five of Mr. Bush’s appellate judges . . 2, of the United States Constitution, the speech on the Senate floor just yester- . and 13 of his district judges. Mr. Obama has word ‘‘Advice’’ speaks to consultation be- day, speaking in favor of Judge Ham- received Senate approval of just two appel- tween the Senate and the President with re- ilton. I encourage every member of the late and four district judges. gard to the use of the President’s power to Senate to review his well-considered David Savage of the Los Angeles make nominations. We encourage the Execu- statement in which he rebuts the thin, tive branch of government to consult with Times wrote if even starker terms yes- partisan attacks on Judge Hamilton terday: members of the Senate, both Democratic and and his record. As Senator LUGAR said, Republican, prior to submitting a judicial a fair review of his judicial record ‘‘will So far, only six of Obama’s nominees to the nomination to the Senate for consideration. lower federal courts have won approval. By Such a return to the early practices of our reveal that Judge Hamilton has not comparison, President George W. Bush had government may well serve to reduce the been a judicial activist and has ruled 28 judges confirmed in his first year in office, rancor that unfortunately accompanies the objectively and within the judicial even though Democrats held a narrow major- advice and consent process in the Senate. mainstream.’’ ity for much of the year.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27796 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 This is not for lack of qualified nomi- the Judiciary Committee for more than minority required 3 weeks before al- nees. There are eight judicial nomi- half his tenure, more of his judicial lowing consideration of that nomina- nees, including Judge Hamilton who nominees were confirmed when I was tion after it was unanimously reported have been reported by the Judiciary the chairman than in the more than 4 by the Judiciary Committee to the Committee on the Senate Executive years when Republicans were in Senate. They also required 2 hours of Calendar. Had those nominations been charge. debate before allowing the Senate to considered in the normal course, we Last year, with a Democratic major- vote on that nomination. They, in fact, would be on the pace Senate Democrats ity, the Senate reduced circuit court used less than 5 minutes of the time set in 2001 when fairly considering the vacancies to as low as 9 and judicial va- they demanded to discuss that nomina- nominations of our last Republican cancies overall to as low as 34, even tion and that came when the ranking President. though it was the last year of Presi- Republican on the Judiciary Com- Another aspect of the Republican ob- dent Bush’s second term and a Presi- mittee spoke to endorse the nominee. struction is its refusal to consider the dential election year. That was the That nomination had the support of nomination of Professor Christopher lowest number of circuit court vacan- both Senator JOHNSON and Senator Schroeder to serve as the Assistant At- cies in decades, since before Senate Re- THUNE, a member of the Senate Repub- torney General for the Office of Legal publicans began stalling Clinton nomi- lican leadership. Ultimately, Judge Policy at the Justice Department. Pro- nees and grinding confirmations to a Lange’s nomination was confirmed 100– fessor Schroeder has been stalled on halt. In the 1996 session, the Repub- 0. That follows the pattern that Repub- the Senate Executive Calendar by Re- lican-controlled Senate confirmed only licans have followed all year with re- publican objection since July 28 since 17 judges, and not a single circuit court spect to President Obama’s nomina- it was reported by the Judiciary Com- nominee. Because of those delays and tions. mittee without a single dissenting pocket filibusters, judicial vacancies Last week, the Senate finally de- vote. Professor Schroeder is a distin- grew to over 100, and circuit vacancies bated the nomination of Judge Andre guished scholar and public servant who rose into the mid-thirties. Davis of Maryland to a seat on the has served with distinction on the staff Rather than continued progress, we Fourth Circuit. He was confirmed 72–16. of the Senate Judiciary Committee and see Senate Republicans resorting to Sixteen Republican Senators voted in in the Justice Department. He has sup- their bag of procedural tricks to delay favor of the nomination and 16 were op- port across the political spectrum. and obstruct. They have ratcheted up posed. As Senators, they may vote as I can only imagine that the reason the partisanship and seek to impose they see fit. What was wrong was that his confirmation is being delayed is ideological litmus tests. If partisan, they delayed Senate consideration of part of the partisan effort to slow ideological Republicans will filibuster that nomination for 5 months. progress on judicial nominees. The Of- David Hamilton’s nomination, the The obstruction and delays in consid- fice of Legal Policy is traditionally in- nomination of a distinguished judge ering President Obama’s judicial nomi- volved in the vetting of those nomi- supported by his respected home State nations is especially disappointing nees. So when Republican Senators ex- Republican Senator, they will fili- given the extensive efforts by Presi- cuse their obstruction by suggesting buster anybody. This is partisanship dent Obama to turn away from the di- that the President has not sent the gone rampant. visive approach taken by the previous Senate enough nominees, they are Senate Republicans are intent on administration and to reach out to wrong on at least two counts. They turning back the clock to the abuses Senators from both parties as he se- have not allowed the Senate to act on they engaged in during their years of lects mainstream, well-qualified nomi- the nominees he has sent, and they are resistance to President Clinton’s mod- nees. The President has done an admi- delaying appointment of the Assistant erate and mainstream judicial nomina- rable job of working with Senators Attorney General who contributes to tions. The delays and inaction we are from both sides of the aisle, Democrats that process. seeing now from Republican Senators and Republicans. President Bush’s first nominee to in considering the nominees of another Professor Carl Tobias wrote about head that division, Viet Dinh, was con- Democratic President are regrettably President Obama’s approach recently firmed 96 to 1 only 1 month after he familiar. Their tactics have resulted in in a column that appeared in was nominated, and only a week after a sorry record of judicial confirmations McClatchy newspapers across the coun- he his nomination was reported by the this year. There are more judicial try on October 30. He wrote: committee. The three nominees to that nominees recommended to the Senate Obama has emphasized bipartisan out- office that succeeded Mr. Dinh—Daniel and sitting on the Executive Calendar reach, particularly by soliciting the advice Bryant, Rachel Brand, and Elisebeth awaiting consideration than the Senate of Democratic and Republican Judiciary Cook—were each confirmed by voice has confirmed all year. Committee members, and of high-level party vote in a shorter time than Professor Last week, the Senate was finally al- officials from the states where vacancies Schroeder’s nomination has been pend- lowed to consider the nomination of arise, and by doing so before final nomina- tions. ing. As Charlie Savage wrote in The Judge Charlene Honeywell of Florida, New York Times this weekend: but only after 4 weeks of unexplained He had it right when he wrote that In addition, no one has been confirmed as delays. She was confirmed without a the real problem lies not with Presi- head of the Justice Department’s Office of single negative vote, 88–0. The week be- dent Obama or with his nominations Legal Policy, which helps vet judges; Mr. fore, the Senate was finally allowed to but with the Republican Senate minor- Obama’s nomination of Christopher Schroe- consider the nomination of Irene ity. They are the principle cause of the der for the position remains stalled in the Berger, who has now been confirmed as current, sorry record regarding Senate Senate. the first African-American Federal confirmation of this President’s out- As chairman of the Judiciary Com- judge in the history of West Virginia. standing nominees. mittee, I treated President Bush’s The Republican minority delayed con- Federal judicial vacancies, which had nominees better than the Republicans sideration of her nomination for more been cut in half while George W. Bush had treated President Clinton’s. That than 3 weeks after it was reported was President, have already more than effort has made no difference; Senate unanimously by the Judiciary Com- doubled since last year. There are now Republicans are now treating this mittee. When her nomination finally 98 vacancies on our Federal circuit and President’s nominees worse still. Dur- came to a vote, it was approved with- district courts, including 22 circuit ing the 17 months I chaired the Judici- out a single negative vote, 97–0. The court vacancies. There are another 23 ary Committee in President Bush’s week before that the Senate was fi- future judicial vacancies already an- first term, we confirmed 100 of his judi- nally allowed to consider the nomina- nounced. Justice should not be delayed cial nominees. At the end of his Presi- tion of Roberto A. Lange to the Dis- or denied to any American because of dency, although Republicans had run trict of South Dakota. The Republican overburdened courts, but that is the

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27797 likely result of the stalling and ob- buster judicial nominees. Some went so far The PRESIDING OFFICER. The Sen- struction. as to label such filibuster attempts unconsti- ator has a minute and a half remain- Despite the fact that Senate Repub- tutional and threatened to exercise the ‘‘nu- ing. licans had pocket filibustered Presi- clear option’’ to ban the procedural tool in Mr. SESSIONS. All right. I will brief- nomination matters. dent Clinton’s circuit court nominees, Yet now Republicans are threatening to ly say that for the first time, I believe, Senate Democrats opposed only the filibuster in an attempt to thwart confirma- in the history of the Senate, a number most extreme of President Bush’s ideo- tion of President Obama’s first judicial of President Bush’s nominees were sys- logical nominees and worked to reduce nominee, Indiana federal Judge David F. tematically filibustered. At 30 different judicial vacancies. This is not an ex- Hamilton. The Senate is scheduled to vote times, cloture votes were required, and treme nominee. This is a nominee in on cloture Tuesday on Judge Hamilton’s some failed, so the nominee did not go the mold of Judge John Tinder, Presi- nomination to the U.S. Court of Appeals for forward. That was unprecedented in dent Bush’s nominee to the Seventh the 7th Circuit. The prospect of a filibuster is made all the more ridiculous because the history of the Senate. Circuit, also a well-respected district Judge Hamilton has been rated ‘‘well-quali- Now my colleagues say the dispute court judge in Indiana who was unani- fied’’ by the American Bar Association, en- over that eventually got settled by the mously rated ‘‘well-qualified’’ by the joys the support of both home state senators, fact that a group of 14 Senators said: American Bar Association. His nomina- including Republican Richard G. Lugar, and We need a compromise, and this is the tion was supported by both Senator even wins praise from the conservative Fed- compromise. You should not filibuster LUGAR and Senator BAYH and was con- eralist Society of Indiana. a Presidential judicial nomination un- firmed 93–0 just 84 days after the Judi- Sen. Jeff Sessions of Alabama, ranking Re- less there are extraordinary cir- publican on the Judiciary Committee, has ciary Committee held a hearing on his distorted Judge Hamilton’s record on the cumstances. nomination. trial court in an effort to rally the GOP cau- I opposed that. I have opposed filibus- When he testified in support of Judge cus. For example, Mr. Sessions, arguing that ters before. But I do think since we Hamilton, Senator LUGAR thanked Judge Hamilton is too liberal, cites a case in have had no debate on this nominee to Senator BAYH for ‘‘the thoughtful, co- which Judge Hamilton struck down as un- date, and this nominee has extraor- operative, merit-driven attitude that constitutional sectarian Christian prayers in dinary statements in cases, and a has marked his own approach to rec- the Indiana state house but allowed those record that indicates to me a lack of ommending prospective judicial nomi- that referred to Allah. Mr. Sessions points commitment to following the law— out that the decision was overturned by the nees’’ and his ‘‘strong support for court of appeals that Judge Hamilton now even though he is a person with whom President Bush’s nominations of Judge hopes to join. I have no problem as to character and Tinder for the Seventh Circuit and of But the senator fails to explain that Judge intelligence and ability, but I do not Judge William Lawrence for the South- Hamilton documented that 41 of the 53 invo- agree with his judicial philosophy— ern District of Indiana.’’ I supported cations during the 2005 session of the Indiana therefore, I believe this side cannot ac- both of those nominees with the en- House were given by Christian clergy; nine quiesce to a precedent that says Demo- were delivered by elected officials; one each dorsement of both of Indiana’s Sen- cratic Presidents can get their judges ators and both were easily confirmed. was said by a Muslim imam, a Jewish rabbi and a layperson. Such a lopsided tally, Judge confirmed with 51 votes; but if a Re- This nomination should be no different. Hamilton reasoned, could leave the constitu- publican President nominates a nomi- I hope that Senators now considering tionally unacceptable impression that Indi- nee, he has to have 60 votes. whether to even allow this nomination ana lawmakers favored one religion above all The PRESIDING OFFICER. The time to be considered by the full Senate others. Judge Hamilton explained in his is expired. heed the advice of Senator LUGAR, written opinion that the ruling did not ‘‘pro- Mr. SESSIONS. So I think we have which he reiterated yesterday when he hibit the House from opening its session with changed the rule, unfortunately. I said: prayers if it chooses to do so, but will re- think based on this situation, I will [I] believe our confirmation decisions quire that any official prayers be inclusive ask my colleagues not to support clo- and non-sectarian, and not advance one par- should not be based on partisan consider- ture. ations, much less on how we hope or predict ticular religion.’’ Mr. Sessions also fails to note that the 7th Circuit reversed Judge I yield the floor. a given judicial nominee will rule on par- Mr. LEAHY. Mr. President, I ask for ticular issues of public moment or con- Hamilton on procedural grounds and not be- cause it disagreed. the yeas and nays. troversy. I have instead tried to evaluate ju- Mr. REID. I suggest the absence of a dicial candidates on whether they have the There are probably not the 40 votes needed requisite intellect, experience, character and to block Judge Hamilton’s nomination from quorum. temperament that Americans deserve from reaching the floor. We hope that Republicans The PRESIDING OFFICER. The their judges, and also on whether they in- in large numbers heed Mr. Lugar’s words of clerk will call the roll. deed appreciate the vital, and yet vitally praise for Judge Hamilton’s record, intellect The bill clerk proceeded to call the limited, role of the Federal judiciary faith- and character and allow a vote—and then roll. fully to interpret and apply our laws, rather vote in favor of confirmation. In this in- Mr. REID. Mr. President, I ask unan- than seeking to impose their own policy stance, a vote for Judge Hamilton will be a imous consent that the order for the views. vote to restore much needed comity and in- tegrity to the process—qualities that the quorum call be rescinded. As other editorial pages across the next Republican president will greatly ap- The PRESIDING OFFICER. Without country have already done, the Wash- preciate when his nominees are considered. objection, it is so ordered. Mr. REID. Mr. President, I am going ington Post today urges Senate Repub- Mr. LEAHY. Senator LUGAR believes licans to reject the distortions of Judge Judge Hamilton ‘‘is superbly qualified to use some leader time now to speak Hamilton’s record, and to heed Senator under both sets of criteria.’’ I agree. I on a matter that will shortly be before LUGAR’s ‘‘words of praise for Judge urge the Senate to reject these efforts the Senate. As I indicated to you, the Chair, we Hamilton’s record, intellect and char- and end this filibuster with a bipar- will vote on advancing the nomination acter and allow a vote, and then vote tisan vote. in favor of confirmation.’’ I could not I suggest the absence of a quorum. of a man named David Hamilton, a su- agree more. The PRESIDING OFFICER. The premely qualified individual who is al- Mr. President, I ask unanimous con- clerk will call the roll. ready a district court judge from the sent that a copy of today’s editorial be The bill clerk proceeded to call the State of Indiana. He has been an out- printed in the RECORD. roll. standing trial court judge, and he has There being no objection, the mate- Mr. SESSIONS. Mr. President, I ask been nominated by President Obama to rial was ordered to be printed in the unanimous consent that the order for be a judge in the Seventh Circuit. But, RECORD, as follows: the quorum call be rescinded. as many have heard here over this last [From The Washington Post, Nov. 17, 2009] The PRESIDING OFFICER. Without hour or so—and you might have GIVING HYPOCRISY A BAD NAME objection, it is so ordered. guessed simply if you have followed the During the Bush administration, Repub- Mr. SESSIONS. Mr. President, how Senate over the last 2 years—Repub- licans decried Democratic attempts to fili- much time remains on this side? licans would rather we didn’t vote on

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.000 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27798 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 this man, ever. They would rather that objectionable nominees of President predates our courts, our Constitution, a critical seat such as this remain Obama’s. The Senate has so far con- and even our country. Every aspiring empty, but not because of who was firmed six judges for the court of ap- lawyer studied it and every judge con- nominated to fill that seat; Judge peals and the district court. Five of siders it when deciding a case. Hamilton’s professional performance them were reported out of committee The future of that same legal system has been exceptional. His qualifica- by voice vote. That means they were so rests before the Senate today. In the tions are stupendous. He is widely ad- obviously qualified that the committee Senate, as in the law, what we say in mired on all sides because of his stellar didn’t even feel the need to have a roll- this Chamber and in the public record judicial performance and his fair judi- call vote. When they reached the Sen- should set the precedent for our own cial philosophy. Senators from that ate floor, four of those five passed actions. That is why the Parliamentar- State, Democrat EVAN BAYH and the unanimously by votes of 88 to 0, 97 to 0, ians who serve us so well understand Republican, the long-serving Senator 99 to 0, and 100 to 0. Yet Republicans the precedents. We ask them a ques- RICHARD LUGAR, strongly urge con- forced us to wait, wait, and wait for all tion, and they follow the precedent. firmation. He is a man who is re- of those votes in the first place. They Here is what has been decided in the spected. did so for no other reason than to Senate previously. The record is re- It is unusual that we would have the waste the American people’s time. plete with my Republican colleagues— Republicans focus on one opinion he I was stunned to hear my friend from including Members of the Republican wrote dealing with religion. No one Alabama say we haven’t had enough leadership today and the Judiciary should ever second-guess this man’s re- time to debate this man. We have of- Committee—speaking about the sol- ligious capacity. fered consent agreements, we have emn responsibility of the Senate to He served as the attorney for Gov. talked to everyone: How much time do confirm judges. In other words, the EVAN BAYH. His father is a 40-year min- you want? You can have it. We haven’t record is replete with precedent. ister of a large Methodist Church in In- had a debate on this nominee because For example, my counterpart, the dianapolis in which Judge Hamilton we had to file cloture. The Republicans distinguished Senator from Kentucky, was baptized. Senator LUGAR, the Re- didn’t want a debate on it. This is how the Republican leader, has argued publican senior Senator from Indiana, the Republicans have forced the Senate strongly that the present judicial nom- has called Judge Hamilton exactly the to operate. It is not how it always ination deserves a simple up-or-down kind of person one would want to see works or how it should work. When vote. He reminded the Senate of that on the Federal bench. He has called President Bush was in office, as we not long ago; in fact, it was May of him brilliant, fair, and committed to have heard the distinguished chairman 2005. He said that our job is to give our the law. I agree. of the committee say on many occa- advice and consent and not, as he put I have had the good fortune to serve sions, the Democratic majority in the it in May 2005, and I quote, ‘‘advise and in Congress with his uncle, Lee Ham- Senate confirmed three times as many obstruct.’’ I agree. Two years earlier, ilton, a longtime-serving Member of nominees as we have been able to con- my distinguished counterpart said that the House of Representatives from In- firm in the same amount of time under filibustering judges—which is exactly diana, the chairman of the Foreign Af- President Obama. what is happening right now at a fairs Committee—really a good person. Let’s be clear. We are not yet voting record pace—is ‘‘a terrible precedent.’’ Being a good person and being involved on whether to confirm Judge Hamilton I sincerely hope the Republican leader in public service runs in that family, for this important position. Our votes heeds his own words and doesn’t repeat obviously, because of Judge Hamilton today simply indicate whether we be- the very obstruction he condemned in and Chairman Lee Hamilton. lieve the judge, Judge Hamilton, de- the past. The Federalist Society of Indiana, a serves an up-or-down vote before the The ranking member of the Judiciary strongly conservative institution—and full Senate. Committee, the junior Senator from that is an understatement—acknowl- The votes of each Senator today will Alabama, has also rightly called the edges that Judge Hamilton is well demonstrate whether he or she believes filibustering of judicial nominations within the mainstream of the law. The in the Senate’s power as outlined in ‘‘obstructionism,’’ and that is his word. American Bar Association has rated our Constitution to advise and give its He has said it is ‘‘very painful,’’ and he him as high as anyone can be rated. consent to the President’s nominations has described it as ‘‘a very, very grim The solitary decision of his, that is, to the Federal bench. thing.’’ He is right. Judge Hamilton, with which the Re- Going to law school was a very good The Senator from Alabama went fur- publicans claim to find fault is one in experience for me. It was not like un- ther to say the following: which Judge Hamilton stood for the dergraduate school. It wasn’t how We ought to be pleased that a nominee has separation of church and state, a prin- much you could memorize. For those of cared enough about his or her country to ciple protected by the first words of us who endured law school, we did speak out about issues that come before the our Constitution’s first amendment. more than learn about obscure facts country. The reason most Republicans object and learn rigid legal rules; we analyzed I agree. I share the belief that those to advancing his nomination has noth- the abstract thinking behind our laws who have chosen to serve our Nation ing to do with Judge Hamilton himself and the logic out of which our great ju- must be able to get to work without and everything to do with pure par- dicial system grew. That is what law delay. I hope the gratitude of the Sen- tisanship. Such shortsightedness is the school is all about. That is what law- ator from Alabama will be reflected in reason why, even though the Judiciary yers train to do—think abstractly lots his vote this afternoon. Committee approved Judge Hamilton of times. The Republican whip, the junior Sen- back in early June—he was nominated One of the very first principles I ator from Arizona, has expressed simi- in April—he has had to wait 166 days learned in law school—and I still have lar disgust with judicial filibusters for this procedural vote and it has had it in my mind—was following prece- such as the one we are seeing today. In to be forced upon the Senate. We have dent. I believe in what we call stare de- November of 2003, he said: a lot of things to do here in this body. cisis. It is how we maintain consist- It is time to take politics out of the con- It is very unfortunate we had to file ency in our court rulings, and it is a firmation process, give nominees the up-or- cloture on a judge. cornerstone of the common law we down vote they deserve, and move the or- Judge Hamilton is far from the first brought over from Great Britain when derly process of justice forward. victim of this partisan strategy to slow we became a country. Precedent is a He, too, is right. I hope the Senator and stall the Senate. We have had that simple notion: Once a rule has been es- from Arizona will consider that orderly happen over 90 times already this year. tablished, we must apply that standard process when he votes on advancing In fact, Republican Senators have to all future cases in which the facts Judge Hamilton’s nomination a few made a habit of objecting to the least are similar to the first. This concept minutes from now.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27799 The senior Republican Senator from process, and I hope they don’t make plenty of time to debate this man— Utah, who has served as chairman of such a practice precedent. They can do postcloture we have to wait 30 hours to the Judiciary Committee three sepa- so by voting yes today. confirm the nomination. That would rate times and still sits on that distin- Every single Senator may vote either not look good for this body, and I hope guished panel, also spoke out strongly for or against the nomination as he or it is not necessary. against filibustering judges. He said in she sees fit. That right will never be in Mr. President, have the yeas and 2005 that doing so ‘‘undermines democ- jeopardy. But that is not the issue be- nays been ordered? racy, the judiciary, the Senate, and the fore us today. The question before us is The PRESIDING OFFICER. They Constitution.’’ And it does. I hope the whether the President of the United have not. Senator from Utah doesn’t contribute States deserves to have his nominees Mr. REID. I ask for the yeas and to such affronts by voting no today. reviewed by the Senate, as the Con- nays. Another Republican Senator, the sen- stitution demands he does. The PRESIDING OFFICER. Is there a ior Senator from Iowa, who also serves I feel so strongly about what took sufficient second? There is a sufficient on the Judiciary Committee, warned in place a few years ago. We could go back second. 2003 that filibustering judges would and debate whether President Bush’s The yeas and nays were ordered. lead to ‘‘a constitutional crisis.’’ I nominations—whether he should have CLOTURE MOTION agree with him. I hope he helps us gotten more than what he did. We The PRESIDING OFFICER. Under avert a filibuster and avoids a crisis by know he got hundreds of them. As I the previous order, the clerk will re- voting yes today for Judge Hamilton. said on the floor, the point is, what the Another Republican Senator, the jun- Republicans were going to do—a very port the motion to invoke cloture. ior Senator from Texas, who served on slight majority—is they were going to The bill clerk read as follows: the Judiciary Committee and was a su- do away with precedent, with filibus- CLOTURE MOTION preme court justice in Texas, said in ters in the Senate. I said at that time, We, the undersigned Senators, in accord- 2006 he hopes the filibuster of judicial if they did that and I ever came into a ance with the provisions of rule XXII of the nominees ‘‘should never happen again, position of authority, I would never re- Standing Rules of the Senate, hereby move and that all nominees of a President verse it. I felt that strongly about it. If to bring to a close debate on the nomination of David F. Hamilton, of Indiana, to be a are entitled to an up-or-down vote.’’ the Republicans would make us do United States Circuit Judge for the 7th Cir- That was a few years ago. He called what I think is wrong—that is, vote on cuit. what Republicans are doing today ‘‘an cloture on all these nominations—it Harry Reid, Herb Kohl, Sheldon White- abomination’’ and ‘‘the most virulent will take a lot of time and it is not house, Richard J. Durbin, Benjamin L. form of unnecessary delay one can fair. We should not do that. Cardin, Patty Murray, Mark Begich, imagine.’’ The same Senator also said I only say to my friends that very Kirsten E. Gillibrand, Mark R. Warner, on the Senate floor that he finds it few judges were held up by the Demo- Russell D. Feingold, Al Franken, Ro- ‘‘simply baffling that a Senator would crats when we were in the minority. land W. Burris, Dianne Feinstein, Pat- rick J. Leahy, Barbara Boxer, Charles vote against even voting on a judicial Some were held up. Regardless, when I E. Schumer, Edward E. Kaufman. nomination.’’ I find it baffling, also. I took this job in 1998—when I was elect- sincerely hope the Senator from Texas ed to a leadership position—I said we The PRESIDING OFFICER. By unan- will not delay us unnecessarily by sup- should treat the Republicans as we imous consent, the mandatory quorum porting his party’s filibuster. I could go would like to be treated, which is the call is waived. on with a lot more quotes. It was inter- Golden Rule. When we got the major- The question is, Is it the sense of the esting this morning. I listen to Na- ity, I said the same thing. That is how Senate that debate on the nomination tional Public Radio. There was a nice I feel about it. Let’s go by the Golden of David F. Hamilton, of Indiana, to be piece on there talking about what the Rule in the Senate. Let’s treat judicial a U.S. circuit judge for the Seventh Republicans are doing here, and it had nominees the way they would want Circuit, shall be brought to a close? the actual voices of the Senators. I them treated if the roles were reversed. The yeas and nays are mandatory cannot give the voices, but that was I hope we can do that. under the rule. done on public radio, where they had That is not the issue before us today. The clerk will call the roll. the voices of the Senators saying The issue today is whether the Presi- The bill clerk called the roll. things such as I have read today. dent of the United States deserves to Mr. KYL. The following Senator is I could go on and on. For example, have his nominees get a vote up or necessarily absent: the Senator from another Republican Senator, the senior down. The question before us is wheth- Texas (Mrs. HUTCHISON). Senator from Kansas, has said that er the President deserves to have his The PRESIDING OFFICER. Are there forcing supermajorities to confirm nominees reviewed by the Senate, as any other Senators in the Chamber de- nominees—which is what a filibuster the Constitution demands he does. siring to vote? does—is inappropriate. The question before the Senate is The result was announced—yeas 70, Another Republican Senator, the sen- whether the nominees themselves de- nays 29, as follows: ior Senator from Idaho—and by the serve to be confirmed or rejected based [Rollcall Vote No. 349 Ex.] way, his brother was a law school pro- on their judicial philosophy, their ex- YEAS—70 fessor at Brigham Young University, perience, moral turpitude, and what- Akaka Durbin Lincoln where my son-in-law went to law ever else people decide they don’t Alexander Feingold Lugar school. My son-in-law has a wonderful like—their looks or they are too old or Baucus Feinstein McCaskill mind, and he said he was the best pro- too young, whatever. But it should be Bayh Franken Menendez Begich Gillibrand Merkley fessor he ever had and the smartest he on that person’s qualifications as seen Bennet Gregg Mikulski ever had. Unfortunately, he died as a by the individual Senators. Bingaman Hagan Murkowski very young man. The senior Senator The question is whether Senators Boxer Harkin Murray from Idaho said: ‘‘It turns the Con- who publicly demand up-or-down votes Brown Hatch Nelson (NE) Burris Inouye Nelson (FL) stitution on its head and begins a very when it is politically convenient will Byrd Johnson Pryor dangerous precedent with regard to follow the precedents they set for Cantwell Kaufman Reed how the nominees for the judicial themselves, even when it is not. The Cardin Kerry Reid Carper Kirk Rockefeller branch are treated by the Senate.’’ vote we are about to hold will give us Casey Klobuchar Sanders He talked about what a filibuster that answer. I hope we will have a Chambliss Kohl Schumer does. Again, my Republican friends are large vote on being able to proceed to Collins Landrieu Shaheen right. I hope the Senators from Idaho this nomination, and I hope we don’t Conrad Lautenberg Snowe Cornyn Leahy Specter and Kansas will make sure filibusters get into this situation where, out of Dodd Levin Stabenow still have no place in the confirmation spite—because there has always been Dorgan Lieberman Tester

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27800 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 Thune Warner Wyden The PRESIDING OFFICER. Without When President Bush called, they an- Udall (CO) Webb Udall (NM) Whitehouse objection, it is so ordered. swered. My Republican friends voted in Mr. BURRIS. I ask unanimous con- favor of this massive spending pro- NAYS—29 sent to speak as in morning business. gram, even though it added more than Barrasso DeMint McCain The PRESIDING OFFICER. Without $1 trillion to the deficit. Bennett Ensign McConnell objection, it is so ordered. Many of the same people now want to Bond Enzi Risch Brownback Graham Roberts HEALTH CARE REFORM put the brakes on a deficit-neutral Bunning Grassley Sessions Mr. BURRIS. Mr. President, as I ad- health care reform bill designed to help Burr Inhofe Shelby dress this Chamber today, there is a millions of ordinary Americans. Coburn Isakson Vitter broad consensus across the country Later in 2003, just as this country Cochran Johanns Voinovich Corker Kyl Wicker that our health care system is broken. began to spend hundreds of billions of Crapo LeMieux It simply doesn’t work for Americans dollars to conduct two wars, President NOT VOTING—1 anymore. Everyone agrees that we Bush asked for yet another tax cut. Hutchison need real comprehensive health care This tax cut also benefited the richest The PRESIDING OFFICER. On this reform. In order to accomplish this, I of the rich and added $330 billion more vote the yeas are 70, the nays are 29. believe we must include a strong public to the deficit. But did my distinguished Republican Three-fifths of the Senators duly cho- option to restore competition, cost sav- colleagues urge fiscal responsibility? sen and sworn having voted in the af- ings, and accountability to the health Did they demand that the President ex- firmative, the motion is agreed to. care insurance industry. In fact, I have Mr. CARDIN. I suggest the absence of stated before that I will not vote for plain how he would finance the wars or a quorum. any reform measure that fails to in- balance the budget before they voted The PRESIDING OFFICER. The clude a strong public option. on another massive tax cut? No, they clerk will call the roll. A few of my colleagues are still not did not. Their vocal support for fiscal The legislative clerk proceeded to convinced. Some have honest ques- responsibility was nowhere to be found. call the roll. tions. But there are others who are not Once again, they voted overwhelmingly Mr. REED. I ask unanimous consent interested in winning this argument on for the second round of tax cuts. that the order for the quorum call be the merits. A few of my colleagues Yet as I address this Chamber today, rescinded. across the aisle are trying to stop this a few of the same Senators are doing The PRESIDING OFFICER. Without Congress from passing any health care everything they can to stop us from objection, it is so ordered. reform at all. Some of my distin- passing health care reform. UNANIMOUS CONSENT AGREEMENT—S. 1963 guished Republican friends have said I would urge the American people to Mr. REED. Mr. President, I ask unan- our proposals are simply too expensive. consult the record for themselves. The imous consent that upon disposition of They say a trillion dollars is too high same voices that now oppose extending the nomination of Judge David Ham- a price to pay for a better health care health care coverage actually sup- ilton and the Senate resuming legisla- system. ported spending significantly more tive session that the Senate then pro- I beg to differ. We already pay far too money to pad the bank accounts of the ceed to the consideration of Calendar much for health care. Our reform bill richest people in this country. No. 190, S. 1963, Veterans Health Care would reduce costs over the long term. It is the same story for expensive Initiatives, and that the bill be consid- It would allow consumers to hold in- programs such as Medicare Part D. ered under the following limitations: surance companies accountable for the More than half of the Republicans still that general debate on the bill be lim- first time in many years. It would re- in the Senate voted for $400 billion of ited to 30 minutes equally divided and store real competition to markets that new spending back in 2003. Almost all controlled between Senators AKAKA are currently monopolized by a few big of these distinguished Senators voted and BURR or their designees; that the corporations. It would accomplish all time and again to fund the ongoing only amendment in order be a Coburn of that without adding to the budget wars in Iraq and Afghanistan, which amendment regarding funding prior- deficit. Yet my colleagues continue to have cost the American taxpayers ities which is at the desk and that it be insist that health care reform would be more than $1 trillion and far too many printed in the RECORD once this agree- too expensive. Despite the number of American lives. ment is entered; that debate on the Americans suffering under our broken I do not mean to suggest every single amendment be limited to 3 hours, with system, they want to talk about fiscal one of these spending programs was a 2 hours under the control of Senator responsibility instead of health care re- bad idea. But I would like to point out COBURN and 60 minutes under the con- form. My Republican friends have sim- that when my Republican colleagues trol of Senator AKAKA or his designee; ply lost their credibility when it comes talk about ‘‘fiscal responsibility,’’ they that upon the use or yielding back of to this issue. They say they would not are talking about an issue on which all time, the Senate proceed to vote in support reform that will save lives and they have lost their credibility. They relation to the Coburn amendment; improve health outcomes for millions recklessly added trillions of dollars to that upon disposition of the Coburn because it costs too much. Yet under a the deficit under a Republican Presi- amendment, the bill, as amended, if Republican President, they were will- dent, but today they oppose health amended, be read a third time, and the ing to write bigger and bigger checks care reform even though it will be paid Senate then proceed to vote on passage to benefit the wealthy. for by cost offsets. Their actions sim- of the bill. In 2001, when President Bush asked ply do not match their words. They are The PRESIDING OFFICER. Without Congress to pass tax cuts that mostly placing cynical politics ahead of good objection, it is so ordered. helped the super rich, the total cost policy. (The amendment (No. 2785) is printed came to $1.35 trillion over 10 years. So I have a question for my Repub- in today’s RECORD under ‘‘Text of That is more than $300 billion more lican friends who have been Members Amendments.’’) than our health care reform bill, and it of this Senate since 2001: If they sup- Mr. REED. I suggest the absence of a provided significant benefits to far ported almost $2 trillion of deficit quorum. fewer Americans. spending for tax relief for the rich, The PRESIDING OFFICER. The More than half of the current Repub- then, I ask them, exactly how much clerk will call the roll. lican caucus was serving in the Senate are we allowed to spend for health care The legislative clerk proceeded to at the time of this vote. Did they try to that will benefit millions of people call the roll. block the bill? Did they stand up and across this country? Mr. BURRIS. I ask unanimous con- say: $1.3 trillion for the super rich— Mr. President, 45,000 Americans die sent that the order for the quorum call that is wasteful, irresponsible, and far every single year because they do not be rescinded. too costly? No, they did not. have insurance and cannot get the

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27801 quality care they need. Without com- ilton has issued a number of highly viction in order to avoid imposing a petition in the industry, insurance controversial rulings and, more impor- life sentence on a repeat drug offender. companies have raised premiums, de- tantly, has been reversed in some very The Seventh Circuit reversed the deci- nied benefits, and refused coverage to prominent cases. In my opinion, these sion, admonishing Judge Hamilton, millions. So I ask my colleagues: How decisions strongly indicate that Judge specifically stating that he was ‘‘not much is too much for this Congress to Hamilton is an activist judge who will free to ignore’’ prior conviction be- spend to save these lives? ignore the law in favor of his own per- cause ‘‘statutory penalties for recidi- My colleagues like to talk about re- sonal ideology and beliefs. vism . . . are not optional, even if the sponsibility, so I put it to them that For example, in one case, Judge court deems them unwise or an inap- the only responsible course of action is Hamilton succeeded in blocking en- propriate response to repeat drug of- to pass this health care bill, and pass it forcement of an informed consent law fenders.’’ now. That is the reaction we need. for 7 years. In that case, called A Wom- In another case, U.S. v. Rinehart, Unfortunately, there are some in this an’s Choice v. Newman, Judge Ham- Judge Hamilton used his court opinion Chamber who are not interested in ad- ilton struck down an Indiana law re- to request clemency for a police officer dressing the issue of health care re- quiring that certain medical informa- who pled guilty to two counts of pro- form. There are some who do not want tion be given to a woman in person be- ducing child pornography. In this case, to have an honest, open debate on the fore an abortion can be performed. The the police officer had engaged in and subject. They want to kick the can fur- Seventh Circuit overruled Judge Ham- videotaped ‘‘consensual’’ sex with two ther down the road, as our predecessors ilton’s decision, stating: teenagers. have done time and time again for the For 7 years, Indiana law has been pre- In addition, in writings and speeches, last 100 years. vented from enforcing a statute materially Judge Hamilton has indicated that he That would be the easy answer—to identical to a law held valid by the Supreme approves of the concept that judges leave it to someone else to solve the Court in Casey, by this court in Karlin, and should make policy from the bench. difficult problem of health care reform by the Fifth Circuit in Barnes. No court any- where in the country (other than one district For example, he has embraced Presi- after the problem has gotten even judge in Indiana) has held any similar law dent Obama’s empathy standard, a worse, to settle for the status quo or invalid in the years since Casey . . . Indiana standard so radical that even the new put a band-aid on a gaping wound and (like Pennsylvania and Wisconsin) is entitled Supreme Court Justice Sotomayor had hope that future legislators will mus- to put its law into effect and have that law to rebuke it at her confirmation hear- ter the political will that a century of judged by its own consequences. ings. In response to written questions lawmakers has lacked. There are some That was the circuit court over- for his confirmation hearing, Judge in this body who would settle for this. turning Judge Hamilton. It seems to Hamilton answered this way: But I believe the American people de- me that Judge Hamilton went out of Federal judges take an oath to administer serve better. Especially in difficult his way to make his finding and actu- justice without respect to persons, and to do times, they demand better of their rep- ally block the Indiana law. That is not equal right to the poor and to the rich. Em- resentatives in Congress. So I say to the proper role of a judge. pathy—to be distinguished from sympathy— my colleagues, as great leaders have In addition, Judge Hamilton has is important in fulfilling that oath. Empathy said to us time and time again shown hostility against the expression is the ability to understand the world from of religion in the public square. In two another person’s point of view. A judge needs throughout our history: Let’s seize this to empathize with all parties in cases—plain- moment to do what is right, not what prominent cases, he ruled against pub- tiff and defendant, crime victims and ac- is easy. Let’s summon the will to suc- lic prayer in the State legislature and cused defendant—so that the judge can bet- ceed where others have failed. religious displays in public buildings, ter understand how the parties came to be It is time to deliver on meaningful and in both cases he was reversed. In before the court and how legal rules affect health care reform. It is time for com- the case of Hinrichs v. Bosma, Judge those parties and others in similar situa- petition, cost savings, and account- Hamilton enjoined the speaker of the tions. ability in the insurance industry. It is Indiana house of representatives from To empathize with the parties is not time to be honest with the American permitting sectarian prayer. Judge the proper role of a judge. Rather, the people. Hamilton ruled that the Indiana State proper role of a judge is to apply the Friends, colleagues—Republicans and legislature was prohibited from start- law to the facts in an impartial man- Democrats—this is no time for partisan ing its session with prayers, specifi- ner, and that is what we refer to as games and empty rhetoric. This is time cally those that expressly mentioned blind justice. for action. Millions of Americans are Jesus Christ, but that it would be per- Further, in a 2003 speech, Judge Ham- counting on us to make health care re- missible for a prayer to mention Allah. ilton endorsed the idea that the role of form a reality, and we must not let The Seventh Circuit overturned Judge a judge includes ‘‘writing footnotes to them down. I will say that again. We Hamilton’s decision in Hinrichs, and the Constitution’’ through evolving must not let them down. subsequently the Indiana house passed case law. He said: Mr. President, I yield the floor. a resolution 85-to-0 opposing Judge Judge S. Hugh Dillin of this court has said I suggest the absence of a quorum. Hamilton’s ruling. that part of our job here as judges is to write The PRESIDING OFFICER. The Then in Grossbaum v. Indianapolis- a series of footnotes to the Constitution. We clerk will call the roll. Marion County Building Authority, all do that every year in cases large and The legislative clerk proceeded to Judge Hamilton ruled that a county small. call the roll. could prohibit the display of a menorah Oddly enough, the last time I Mr. GRASSLEY. Mr. President, I ask in a nonpublic forum. The Seventh Cir- checked, it was the role of Congress to unanimous consent that the order for cuit unanimously reversed Judge Ham- write laws, not the judicial branch. the quorum call be rescinded. ilton, noting that the judge disregarded Judge Hamilton’s personal bias has The PRESIDING OFFICER. Without relevant Supreme Court precedent to been noted by lawyers who practice be- objection, it is so ordered. reach his ruling and that he failed to fore him. In fact, statements of local Mr. GRASSLEY. Mr. President, I op- recognize a rabbi’s first amendment practitioners in the Almanac of the pose the nomination of Judge David right to display the menorah as sym- Federal Judiciary described Judge Hamilton to be a Seventh Circuit Ap- bolic religious speech. Hamilton as ‘‘the most lenient of any peals Court judge. I have serious con- Judge Hamilton also ignored clear judges in the district.’’ Another quote: cerns about this nomination and will statutory mandate so he could impose ‘‘One of the more liberal judges of the be voting not to confirm him. his own personal beliefs when sen- district.’’ Another quote: ‘‘Goes out of During his time as a Federal judge on tencing criminal defendants. Example: his way to make the defendant com- the U.S. District Court for the South- In the 2008 case U.S. v. Woolsey, Judge fortable.’’ Another quote: ‘‘He is your ern District of Indiana, Judge Ham- Hamilton disregarded an earlier con- best chance for downward departures.’’

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27802 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 Lastly, ‘‘in sentencing, he tends to be that we are spending money we cannot The PRESIDING OFFICER. Without very empathetic to the downtrodden, afford to spend, and it is risking the fu- objection, it is so ordered.

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

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No one should ever ing ever forward. family and friends gathered recently at have to worry that the vehicles on our I yield the floor and suggest the ab- the Veterans Memorial Park in Kiel to roads, rails, rivers, or in our skies are sence of a quorum. remember and pay tribute to Sergeant unsafe. That is where the hardworking The PRESIDING OFFICER. The Krueger. men and women of the Department of clerk will call the roll. CPT Russell Seager, 47, was a reg- Transportation excel. They set and en- The assistant legislative clerk pro- istered nurse and advanced practice force regulations upholding the strict- ceeded to call the roll. nurse prescriber who was with the pri- est standards in transportation safety. Mrs. MURRAY. I ask unanimous con- mary care mental health integration The great Federal employee I have sent that the order for the quorum call program at Zablocki VA Medical Cen- chosen to recognize this week has been be rescinded. ter in Milwaukee. He also taught class- a leader on safety issues at the Trans- The PRESIDING OFFICER. Without es at Bryant and Stratton College in portation Department’s Federal Avia- objection, it is so ordered. Milwaukee. As part of the combat tion Administration for 12 years. f stress control unit, Seager was tasked Ann Azevedo came to the department MORNING BUSINESS with watching for warning signs among in 1997 with nearly two decades of expe- soldiers on the front lines that could rience in the private sector. Working Mrs. MURRAY. Mr. President, I ask signal long-term mental health prob- from the FAA facility in Burlington, unanimous consent that the Senate lems. He is survived by his wife and MA, when she first started at the FAA, proceed to a period of morning busi- adult son. Ann served as the risk analysis spe- ness, with Senators permitted to speak It is so tragic to think that these two cialist for the Engine and Propeller Di- for up to 10 minutes each. people, who were trained to help fellow rectorate. The PRESIDING OFFICER. Without servicemembers cope with the stress of In her current role as chief scientific objection, it is so ordered. combat, were struck down when their and technical adviser for aircraft safe- f help is needed the most. These service- ty analysis, Ann focuses on safety, risk FORT HOOD ATTACK members are really unsung heros of our management, and analyzing accidents. Mr. FEINGOLD. Mr. President, it is military today—the men and women From the data she gathers, Ann is able who help other servicemembers deal to develop solutions to help prevent fu- with great sadness that I wish to re- member victims of the horrific shoot- with post traumatic stress disorder, ture incidents. which has skyrocketed since the start Regularly representing the FAA at ings at Fort Hood. This was a senseless attack on innocent people who were of the wars in Iraq and Afghanistan. national and international air safety Both Staff Sergeant Krueger and Cap- round-tables, Ann has become a re- serving their country. To know that these people, 12 servicemembers and 1 tain Seager were truly selfless people spected voice among those engaged in who helped their fellow servicemem- risk management analysis. She helped civilian, were taken from their families in this way is very difficult to accept. bers through some very tough times. write the training manuals for tur- Both were part of the 467th Medical De- bofan and turboprop aircraft used I join with people across the country in mourning these tragic deaths. My tachment, which is based in Madison, across the industry, and she continues WI. It is an outstanding unit doing to teach risk analysis at the FAA thoughts are with each and every one of their families. much-needed work, and it is terrible Academy. that the unit suffered these losses. Ann holds a bachelor’s degree in sys- As a Senator from Wisconsin, I do I also want to say a few words about tems planning and management in ap- feel a special duty to remember the the four Wisconsinites who were in- plied mathematics and a master’s of two Wisconsinites who were killed. jured at Fort Hood. At the recent me- science in mechanical engineering. Both were extraordinary members of morial at Fort Hood, which was such a When she was once asked how she our Armed Forces, and their deaths are moving tribute to those who were ended up in her chosen career field, a terrible blow to all who knew them, killed, I had the privilege of meeting Ann cited her love of math and an in- and to our State. Wisconsin takes so Specialist John Pagel, 28, of North fluential physics teacher in high much pride in its long traditon of mili- Freedom, WI, who was also with the school. tary service, and in the Wisconsinites Ann was awarded the Arthur S. who serve so bravely in the Armed 467th Medical Detachment. Specialist Flemming Award for public service in Forces today. Wisconsin has already Pagel is married and has two children. 2002 for developing safety solutions lost so many servicemembers in recent I also had the privilege of meeting that resulted in a 64 percent decrease years—90 in Operation Iraqi Freedom SPC Grant Moxon, 23, of Lodi, WI, an- in the commercial aviation fatality and 12 in Operation Enduring Freedom. other member of the 467th, who is a rate between 1998 and 2002. She also We recently honored our veterans by mental health specialist. Specialist was honored as Distinguished Engineer celebrating Veterans Day, and we are Moxon graduated from UW-La Crosse. of the Year by the American Society of thinking of these men and women and He joined the military just last year Mechanical Engineering in 1996. the sacrifice they made, so to suffer and had arrived in Texas one day be- Her work, and that of all her col- these additional losses at this time is fore the shooting incident. leagues at the FAA and other Trans- simply tragic. Both Sergeant Pagel and Specialist portation Department agencies, helps SSG Amy Krueger from Kiel, WI, and Moxon were shot but are now both ensure that travel in our country con- CPT Russell Seager from Mount Pleas- doing well. tinues to be as safe as possible. ant, WI, were both outstanding service- CPT Dorothy ‘‘Dorrie’’ Carskadon, 47, Most importantly, they facilitate the members, and their families and com- of Madison, WI, is also a member of the smiles of those arriving safely at a munities are heartbroken by their 467th. Carskadon fought with the Army journey’s end and seeing their loved deaths. in Iraq during Operation Desert Storm ones for the first time after weeks, Staff Sergeant Krueger, who was just and then enlisted in the Army Reserve months, or even years apart. 29, joined the Army after the 2001 ter- 2 years ago. She is a clinical social That remains a central element of rorist attacks. She had deployed pre- worker with the U.S. Army Reserve. Thanksgiving, and I hope all Ameri- viously to Afghanistan in 2003 and She was set to deploy to Iraq to coun- cans will join me in thanking Ann helped soldiers dealing with combat sel troops suffering from PTSD. She

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27804 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 was shot twice in the hip and under- have dropped and more and more fami- ure who donated generously and quiet- went an all-night surgery. Fortunately, lies have had to turn to food banks and ly to many causes. Born in Tel-Aviv, she is expected to make a full recovery. other emergency food services to meet Isreal, Mr. Zucker came to the United Army PFC Amber Bahr, 19, of Ran- their day-to-day needs. Our emergency States with his family in 1952. He grew dom Lake, WI, with the 187th medical food providers are being stretched to up in Charleston, SC, and Jacksonville, battalion, has been at Fort Hood for a their limits to try to meet the current FL, and graduated from the University year working as an Army nutritionist. demand for assistance. Vicki Metheny, of Florida with a triple major in math- She was scheduled to deploy for the a constituent of mine who has run the ematics, chemistry, and physics. He first time in January. In the midst of food bank in San Juan County, NM for later received a masters in electrical the shootings, Bahr was putting a tour- the last 18 years, told my office earlier engineering from Florida State Univer- niquet onto another soldier and helping this week that this is the first time in sity in Tallahassee, FL. Zucker was a him out of harm’s way before she dis- her years of service that she has been scientist and inventor before becoming covered that she was shot herself. She really worried about whether the food a businessman. Over his lifetime he had was released Friday night from the bank will be able to keep up with the more than 350 inventions and patents, hospital. unprecedented need in local commu- including his development of the pace- I think the conduct of Private First nities. A similar message is coming maker. Class Bahr, and everyone at the base from food pantries and emergency food In 1983, he founded the InterTech who responded to the attack with such providers across the country. Group, a global conglomerate special- heroism, says volumes about the men As we approach the Thanksgiving izing in fabrics and plastics for a range and women who serve today. I am so festivities, it is my hope that individ- of uses. As founder, chairman, and proud of them, and so profoundly sad- uals will take the time to think of chief executive officer of the company, dened by this attack. As the nation those in their community who may be he helped grow the InterTech Group grieves, we offer heartfelt thanks to all struggling to keep food on the table. into one of the country’s largest pri- the brave servicemembers who so self- To miss a few meals and make a mod- vately held businesses. Jerry was also lessly serve our country. est donation to a local food pantry is a CEO of Toronto-based Hudson’s Bay I yield the floor. small thing, but if many of us join to- Company, Canada’s largest department f gether in this effort, we can have a store chain. He was the first American VOTE EXPLANATIONS large impact. And a large impact is citizen to lead the company. After his Mr. ISAKSON. Mr. President, I was what we must have if we are to keep death, Anita took over as chairwoman unavoidably detained and not present our families and food pantries afloat and chief executive officer of Hudson’s for rollcall vote No. 341 on November 5, this year. Bay Company. She became the first 2009, rollcall votes Nos. 342 and 343 on According to the U.S. Department of woman to hold the position in the com- November 9, 2009, and rollcall votes Agriculture, last year more than 49 pany’s 338-year history. Nos. 344 and 345 on November 16, 2009. I million Americans, including almost 17 Jerry is greatly admired for what he ask that the record reflect that had I million children, live in households did outside of the business world. Jerry been present I would have voted as fol- with either ‘‘low’’ or ‘‘very low’’ food was a humble philanthropist. He gave lows: 1. Rollcall vote No. 341 on the security, meaning that these house- millions of dollars to a wide range of confirmation of Ignacia S. Moreno, of holds cannot keep healthy food on the charities, from his synagogue in New York, to be an Assistant Attorney table without the assistance of Federal Charleston to international medical General: ‘‘yea’’; 2. Rollcall vote No. 342 programs or local emergency food pro- missions. Anyone who reached out to on the confirmation of Andre M. Davis viders. In my home State of New Mex- him for help never went away with an of Maryland, to be U.S. Circuit Judge ico, food insecurity impacts over 14 empty hand. And for every charitable for the Fourth Circuit: ‘‘nay’’; 3. Roll- percent of the population. check Zucker wrote, he invested nu- call vote No. 343 on the confirmation of There are many efforts underway at merous behind-the-scene volunteer Charlene Edwards Honeywell, of Flor- the Federal level and at the local level hours. He quietly and unassumingly de- ida, to be U.S. District Judge for the to build up the economy and create op- livered goodie baskets to holiday vol- Middle District of Florida: ‘‘yea’’; 4. portunities for families to become unteers, helped the local Boy Scouts of Rollcall vote No. 344 on the Coburn more financially stable. This resolu- America’s Coastal Carolina Council, amendment No. 2757, to require public tion is just one reminder that there is and served as chairman of the South disclosure of certain reports: ‘‘yea’’; a need for assistance in each of our Carolina Aquarium. Because of his im- and 5. Rollcall vote No. 345 on the communities, and that each of us can pact on the Charleston community, Coburn motion to commit H.R. 3082 to and should take steps to confront hun- North Charleston recently dedicated the Committee on Appropriations; ger locally. their newest middle school to Zucker’s Military Construction and Veterans Af- f memory, naming it the Jerry Zucker fairs Appropriations Act, 2010: ‘‘yea’’. Middle School of Science. ADDITIONAL STATEMENTS Together with his wife Anita, he is f celebrated in South Carolina and FEED AMERICA DAY around the Nation for his philanthropic HONORING JERRY AND ANITA Mr. UDALL of New Mexico. Mr. and community endeavors, as well as ZUCKER President, I am pleased to have worked quiet leadership. His personal mission with Senator HATCH, and my other col- ∑ Mr. GRAHAM. Mr. President, I ask was ‘‘repairing the world,’’ which he leagues in the Senate to unanimously my colleagues to join me in honoring implied to be a work in progress. I am pass the Feed America Day resolution. the memory of a dedicated public serv- confident Anita will continue this mis- Over the past several years, States, ant and leader, Jerry Zucker. I also ask sion. Through Anita and the Zucker cities, and communities throughout that we pay tribute to Jerry’s wife Family Foundation, through his count- the country have declared the Thurs- Anita. After a lifetime of unprece- less gifts of wisdom, ingenuity, dollars, day before Thanksgiving as Feed Amer- dented service to his State and Nation and time, Jerry Zucker will continue ica Day. In observance of this day, citi- as a businessman and philanthropist, to repair the world. zens are encouraged to sacrifice two Mr. Zucker passed away in Charleston, I ask that the Senate join me in com- meals and donate the money they SC, on April 12, 2008, at the age of 58. memorating Mr. Zucker’s lifelong dedi- would have spent on food to a local re- His death was a loss to Charleston and cation to the service of our country ligious or charitable organization for the Nation. and to the State of South Carolina. the purpose of feeding the hungry. While he will be remembered by most The best tribute we can give to Jerry is As the economic downturn has as a successful businessman, I will re- to continue his vision and follow in his struck our nation, employment rates member him as a larger-than-life fig- humble footsteps.∑

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27805 SIX BRAVE OKLAHOMANS runs at 20,000 feet, and then the bom- H.R. 1506. An act to provide that claims of ∑ Mr. INHOFE. Mr. President, I would bardier released the bombs in a line the United States to certain documents re- lating to Franklin Delano Roosevelt shall be like to take a moment to recognize the from the carrier’s stern to its bow. Ac- cording to Sergeant Altman, two of the treated as waived and relinquished in certain courageous actions of six brave Okla- circumstances. homans. On August 25, 2009, in the three bombs bracketed the ship; one H.R. 3539. An act to designate the facility evening hours of the day, these six was a direct hit. The enemy boat began of the United States Postal Service located men, Daniel Richards, David Cox, Nick to sink and was scuttled by its captain. at 427 Harrison Avenue in Harrison, New Jer- Niemann, Cody Click, Luck Tucker, On the way home to Clark Field, sey, as the ‘‘Patricia D. McGinty-Juhl Post and Casey Johnson, saved a life. That their lone B–17 was attacked and set Office Building’’. evening a call came in about a man aflame by Japanese Zeros. Kelly stayed H.R. 3767. An act to designate the facility of the United States Postal Service located having severe chest pains and possibly with the plane long enough to allow ev- eryone else to bail out, before he went at 170 North Main Street in Smithfield, a heart attack at a residence in a rural Utah, as the ‘‘W. Hazen Hillyard Post Office area east of the town of Roland, OK. down within miles of the airfield. Cap- Building’’. tain Kelly’s body was found near the Roland Fire Department first respond- The message also announced that the site. ers were paged to respond, and upon House passed the following bills, with- Sergeant Altman suffered serious in- their arrival they found a male subject out amendment: lying on the ground not breathing. The juries and soon after was offered a S. 1314. An act to designate the facility of six first responders immediately start- flight to safety. But he turned it down believing he could better serve his the United States Postal Service located at ed CPR and hooked the individual up 630 Northeast Killingsworth Avenue in Port- to an automated external defibrillator country by staying. He was subse- land, Oregon, as the ‘‘Dr. Martin Luther and delivered a resuscitating shock quently captured and taken to Japan, King, Jr. Post Office’’. from the AED. The first responders where he was held as a POW for 40 S. 1825. An act to extend the authority for continued CPR and working with the months. During that time, he was relocation expenses test programs for Fed- patient for 12 minutes until an EMS forced into slave labor for the Japanese eral employees, and for other purposes. unit arrived on scene. When the patient until his release from Omori Prison, f Tokyo Bay on August 29, 1945. was placed in the ambulance he was MEASURES REFERRED breathing and had a pulse. The patient But it was the early report of his and was transported to Spark’s Medical his crew’s heroism in that attack after The following bills were read the first Center in Fort Smith, AR, where the Pearl Harbor that inspired a nation and the second times by unanimous emergency room doctor stated that the reeling in shock. Alone and far from consent, and referred as indicated: ‘‘firefighters saved this man’s life.’’ friendly territory, Sergeant Altman H.R. 3539. An act to designate the facility The patient needed to have a stint and his fellow heroes served their coun- of the United States Postal Service located at 427 Harrison Avenue in Harrison, New Jer- placed in the main artery of the heart try well. Today, Bob is an avid Florida Gator sey, as the ‘‘Patricia D. McGinty-Juhl Post and suffered some-short term memory Office Building’’; to the Committee on loss, but he recovered and went home fan and I will have the honor of pre- Homeland Security and Governmental Af- from the hospital in about 7 days. senting him this statement before the fairs. These men are true heroes. The town of game on November 21. Captain Kelly’s H.R. 3767. An act to designate the facility Roland, the State of Oklahoma, and I younger sister, Emmy, and her chil- of the United States Postal Service located are extremely thankful to them for dren, Mary and Colin, will be there, at 170 North Main Street in Smithfield, their service and honored to have them too. Utah, as the ‘‘W. Hazen Hillyard Post Office I would hope Bob gets to see many Building’’; to the Committee on Homeland serving one of Oklahoma’s finest com- Security and Governmental Affairs. munities.∑ more games. Today, I send best wishes from the U.S. Senate to SGT Robert f f Altman and his family and friends, in- EXECUTIVE AND OTHER TRIBUTE TO ROBERT ALTMAN cluding the family of CPT Colin P. COMMUNICATIONS ∑ Mr. NELSON of Florida. Mr. Presi- Kelly, Jr.∑ The following communications were dent, today I honor the life and service f laid before the Senate, together with of SGT Robert Altman, United States accompanying papers, reports, and doc- Army. Sergeant Altman is a member of MESSAGES FROM THE PRESIDENT uments, and were referred as indicated: the greatest generation that selflessly Messages from the President of the served our Nation during a time of per- EC–3628. A communication from the Under United States were communicated to Secretary of Defense (Acquisition, Tech- haps the world’s greatest turmoil. the Senate by Mrs. Neiman, one of his nology and Logistics), transmitting, pursu- He risked his life and endured almost secretaries. ant to law, a report relative to the imple- unbearable pain and suffering as a pris- f mentation of earned value management oner of the Japanese during World War (EVM); to the Committee on Armed Serv- II. EXECUTIVE MESSAGES REFERRED ices. He gave so much—so that all of us EC–3629. A communication from the Dep- might be free. As in executive session the Presiding uty Secretary of Defense, transmitting the Sergeant Altman was a crew member Officer laid before the Senate messages report of (3) officers authorized to wear the on a B–17 stationed at Clark Field in from the President of the United insignia of the grade of rear admiral in ac- the Philippines. It was just 3 days after States submitting sundry nominations cordance with title 10, United States Code, the attack on Pearl Harbor that his which were referred to the appropriate section 777; to the Committee on Armed committees. Services. bomber, commanded by another Flo- EC–3630. A communication from the Under ridian, CPT Colin P. Kelly, Jr., loaded (The nominations received today are printed at the end of the Senate pro- Secretary of Defense (Comptroller), trans- three 600-pound bombs and took off mitting, pursuant to law, the report of a vio- with orders to attack airfields on what ceedings.) lation of the Antideficiency Act that oc- is now Taiwan. f curred within the Defense Information Sys- On the way, the crew spotted a large tems Agency in fiscal years 2003 and 2004, and Japanese invasion force landing on the MESSAGE FROM THE HOUSE has been assigned Defense Systems Informa- north coast of Luzon in the Phil- At 10:13 a.m., a message from the tion Systems Agency case number 06–01; to House of Representatives, delivered by the Committee on Appropriations. ippines. EC–3631. A communication from the Sec- Captain Kelly radioed Clark Field for Mrs. Cole, one of its reading clerks, an- retary of the Treasury, transmitting, pursu- permission to attack. But two calls nounced that the House has passed the ant to law, a six-month periodic report on brought only a response to stand by. following bills, in which it requests the the national emergency with respect to Kelly and the crew made two practice concurrence of the Senate: Syria that was declared in Executive Order

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27806 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 13338 of May 11, 2004; to the Committee on Department of State, transmitting, pursuant 10, 2009; to the Committee on Health, Edu- Banking, Housing, and Urban Affairs. to law, status reports relative to Iraq for the cation, Labor, and Pensions. EC–3632. A communication from the Presi- period of August 15, 2009, through October 15, EC–3648. A communication from the Assist- dent of the United States, transmitting, pur- 2009; to the Committee on Foreign Relations. ant General Counsel of the Division of Regu- suant to law, a report on the continuation of EC–3641. A communication from the Assist- latory Services, Office of Postsecondary Edu- the national emergency with respect to Iran ant Secretary, Bureau of Legislative Affairs, cation, Department of Education, transmit- that was declared in Executive Order 12170 Department of State, transmitting, pursuant ting, pursuant to law, the report of a rule en- on November 14, 1979; to the Committee on to the Arms Export Control Act, the certifi- titled ‘‘Institutions and Lender Require- Banking, Housing, and Urban Affairs. cation of a proposed amendment to a manu- ments Relating to Education Loans, Student EC–3633. A communication from the Direc- facturing license agreement for the export of Assistance General Provisions, Federal Per- tor of the Regulatory Management Division, defense articles, including, technical data, kins Loan Program, Federal Family Edu- Office of Policy, Economics, and Innovation, and defense services to Australia relative to cation Loan Program, and William D. Ford Environmental Protection Agency, transmit- the manufacture and service of F/A–18 Trail- Federal Direct Loan Program’’ (RIN1840– ting, pursuant to law, the report of a rule en- ing Edge Flaps, Trailing Edge Flap Shrouds, AC95) received in the Office of the President titled ‘‘Technical Amendment of Cross- Ailerons, and Aileron Shrouds and their as- of the Senate on November 10, 2009; to the Media Electronic Reporting Rule’’ (FRL No. sociated minor components and parts in the Committee on Health, Education, Labor, and 8980–7) received in the Office of the President amount of $100,000,000 or more; to the Com- Pensions. of the Senate on November 10, 2009; to the mittee on Foreign Relations. EC–3649. A communication from the Dep- Committee on Environment and Public EC–3642. A communication from the Assist- uty Director of Regulations and Policy Man- Works. ant Secretary, Bureau of Legislative Affairs, agement Staff, Food and Drug Administra- EC–3634. A communication from the Direc- Department of State, transmitting, pursuant tion, Department of Health and Human Serv- tor of the Regulatory Management Division, to the Arms Export Control Act, the certifi- ices, transmitting, pursuant to law, the re- Office of Policy, Economics, and Innovation, cation of a proposed amendment to a manu- port of a rule entitled ‘‘New Animal Drug Environmental Protection Agency, transmit- facturing license agreement for the export of Applications’’ (Docket No. FDA–2009–N–0436) ting, pursuant to law, the report of a rule en- defense articles, including, technical data, received in the Office of the President of the titled ‘‘Oil Pollution Prevention; Spill Pre- and defense services to Japan relative to the Senate on November 10, 2009; to the Com- vention, Control, and Countermeasure overhaul and manufacture of SIIS–3XT4/T4 mittee on Health, Education, Labor, and (SPCC) Rule—Amendments’’ (FRL No. 8979– ejection seats for the XT4/T4 trainer aircraft Pensions. 8) received in the Office of the President of in the amount of $100,000,000 or more; to the EC–3650. A communication from the Sec- the Senate on November 10, 2009; to the Com- Committee on Foreign Relations. retary of Health and Human Services, trans- mittee on Environment and Public Works. EC–3643. A communication from the Assist- mitting, pursuant to law, a report entitled EC–3635. A communication from the Chief ant Secretary, Bureau of Legislative Affairs, ‘‘Fiscal Year 2008 Medical Device User Fee of the Publications and Regulations Branch, Department of State, transmitting, pursuant and Modernization Act of 2002 (MDUFMA) Internal Revenue Service, Department of the to the Arms Export Control Act, the certifi- Financial Report’’; to the Committee on Treasury, transmitting, pursuant to law, the cation of a proposed amendment to a manu- Health, Education, Labor, and Pensions. report of a rule entitled ‘‘Tier I Field Direc- facturing license agreement for the manufac- EC–3651. A communication from the Direc- tive—The Use of Estimates from Probability ture of significant military equipment tor, Congressional Affairs, Federal Election Samples’’ (LMSB–4–0809–032) received in the abroad relative to the Laser Target Desig- Commission, transmitting, pursuant to law, Office of the President of the Senate on No- nator/Range Finders and Gated Laser a report entitled ‘‘Federal Election Commis- vember 13, 2009; to the Committee on Fi- illuminators for Night Television for the AC– sion 2009 Performance and Accountability nance. 130U Gunship for end-use by the United Report’’; to the Committee on Homeland Se- EC–3636. A communication from the Chief States of America; to the Committee on For- curity and Governmental Affairs. of the Publications and Regulations Branch, eign Relations. EC–3652. A communication from the Acting Internal Revenue Service, Department of the EC–3644. A communication from the Assist- Director, Pension Benefit Guaranty Corpora- Treasury, transmitting, pursuant to law, the ant Secretary, Bureau of Legislative Affairs, tion, transmitting, pursuant to law, the Cor- report of a rule entitled ‘‘Industry Director’s Department of State, transmitting, pursuant poration’s Annual Management Report for Directive No. 2—Super Completed Contract to the Arms Export Control Act, the certifi- fiscal year 2009; to the Committee on Home- Method’’ (LMSB–4–0209–006) received in the cation of a proposed manufacturing license land Security and Governmental Affairs. EC–3653. A communication from the Acting Office of the President of the Senate on No- agreement for the manufacture of significant General Counsel, National Indian Gaming vember 13, 2009; to the Committee on Fi- military equipment abroad relative to the Commission, transmitting, pursuant to law, nance. manufacture of Modified 20mm 102mm PELE the report of a rule entitled ‘‘Amendments to EC–3637. A communication from the Chief Ammunition for end-use by the United Various National Indian Gaming Commis- of the Publications and Regulations Branch, States of America; to the Committee on For- sion Regulations’’ (RIN3141–0001) received in Internal Revenue Service, Department of the eign Relations. the Office of the President of the Senate on Treasury, transmitting, pursuant to law, the EC–3645. A communication from the Assist- November 12, 2009; to the Committee on In- report of a rule entitled ‘‘Update for Weight- ant Secretary, Bureau of Legislative Affairs, dian Affairs. ed Average Interest Rates, Yield Curves, and Department of State, transmitting, pursuant EC–3654. A communication from the Direc- Segment Rates’’ (Notice 2009–88) received in to the Arms Export Control Act, the certifi- tor of Legislative Affairs, Office of the Direc- the Office of the President of the Senate on cation of a proposed manufacturing license tor of National Intelligence, transmitting, November 13, 2009; to the Committee on Fi- agreement for the manufacture of significant pursuant to law, a report relative to the va- nance. military equipment abroad relative to the cancy in the position of Principal Deputy Di- EC–3638. A communication from the Chief manufacture of the GAU–19 Gun for end-use rector of National Intelligence, received in of the Publications and Regulations Branch, by the United States of America; to the the Office of the President of the Senate on Internal Revenue Service, Department of the Committee on Foreign Relations. November 13, 2009; to the Select Committee Treasury, transmitting, pursuant to law, the EC–3646. A communication from the Assist- on Intelligence. report of a rule entitled ‘‘Effective Date of ant Secretary, Bureau of Legislative Affairs, EC–3655. A communication from the Gen- Regulations Under Section 411(b)(5)(B)(i); Re- Department of State, transmitting, pursuant eral Counsel, Executive Office for Immigra- lief Under Section 411(d)(6); and Notice to to the Arms Export Control Act, the certifi- tion Review, Department of Justice, trans- Pension Plan Participants’’ (Announcement cation of a proposed manufacturing license mitting, pursuant to law, the report of a rule 2009–82) received in the Office of the Presi- agreement for the manufacture of significant entitled ‘‘Application of Immigration Regu- dent of the Senate on November 13, 2009; to military equipment abroad relative to the lations to the Commonwealth of the North- the Committee on Finance. modification CH–47SD Chinook Helicopters ern Mariana Islands’’ (RIN1125–AA67) re- EC–3639. A communication from the Chief to the CH–47F configuration for end-use by ceived in the Office of the President of the of the Publications and Regulations Branch, Singapore in the amount of $50,000,000 or Senate on November 12, 2009; to the Com- Internal Revenue Service, Department of the more; to the Committee on Foreign Rela- mittee on the Judiciary. Treasury, transmitting, pursuant to law, the tions. report of a rule entitled ‘‘Withholding on EC–3647. A communication from the Direc- f Wages of Nonresident Alien Employees Per- tor, Directorate of Standards and Guidance, EXECUTIVE REPORTS OF forming Services Within the United States’’ Occupational Safety and Health Administra- COMMITTEES (Notice 2009–91) received in the Office of the tion, transmitting, pursuant to law, the re- President of the Senate on November 16, port of a rule entitled ‘‘Revising Standards The following executive reports of 2009; to the Committee on Finance. Referenced in the Acetylene Standard; Final nominations were submitted: EC–3640. A communication from the Assist- Rule’’ (RIN1218–AC08) received in the Office By Mr. KERRY for the Committee on For- ant Secretary, Bureau of Legislative Affairs, of the President of the Senate on November eign Relations.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27807 *James LaGarde Hudson, of the District of diana; $25, 3/6/08, Obama for America; $50, 2/ U.S. Senate; 2,300, 03/01/07, John Edwards for Columbia, to be United States Director of 18/09, Obama for America. President; 2,100, 01/16/07, Obama For America the European Bank for Reconstruction and (Exploratory Committee); 500, 10/25/06, Wash- Development. *Carmen Lomellin, of Virginia, to be Per- ington State Democratic Central Committee *Jose W. Fernandez, of New York, to be an manent Representative of the United States (Victory 2006); 65, 10/23/06, AIPAC; 250, 10/12/ Assistant Secretary of State (Economic, En- of America to the Organization of American 06, Adam Smith for Congress; 100, 09/29/06, ergy, and Business Affairs). States, with the rank of Ambassador. Darcy Burner for Congress; 1,500, 09/11/06, *Frederick D. Barton, of Maine, to be Rep- Nominee: Carmen Lomellin. AIPAC (paid by Stroum Enterprises); 5,000, resentative of the United States of America Post: Ambassador, U.S. Permanent Rep- 07/31/06, Washington Senate Victory (see on the Economic and Social Council of the resentative to the Organization of American below); Washington State Democratic Cen- United Nations, with the rank of Ambas- States. tral Committee (rcvd funds); 1,000, 03/31/06, sador. (The following is a list of all members of Stabenow for Senate; 1,000, 03/21/06, People *Daniel W. Yohannes, of Colorado, to be my immediate family and their spouses. I For Patty Murray U.S. Senate; 1,000, 03/20/06, Chief Executive Officer, Millennium Chal- have asked each of these persons to inform Hopefund; 1,000, 01/24/06, Friends of Hillary lenge Corporation. me of the pertinent contributions made by (Senate 2006); 2,000, 12/11/05, Friends of Joe *Gustavo Arnavat, of New York, to be them. To the best of my knowledge, the in- Lieberman; 250, 11/07/05, Citizens For Harkin; United States Executive Director of the formation contained in this report is com- 250, 10/26/05, Friends for McDermott; 1,500, 09/ Inter-American Development Bank for a plete and accurate.) 14/05, AIPAC (paid by Stroum Enterprises); term of three years. Contributions, amount, date, and donee: 65, 09/13/05, AIPAC; 55, 09/01/05, AIPAC; 500, 05/ *Frederick D. Barton, of Maine, to be an 1. Self: $500, 3/31/2006, Menendez for Senate; 07/05, People For Patty Murray U.S. Senate; Alternate Representative of the United $1,000, 12/27/07, Hillary Clinton for President; 5,000, 03/23/05, Washington Senate 2006 (see States of America to the Sessions of the $250, 12/13/2007, Hillary Clinton for President; split below); Democratic Senatorial Cam- General Assembly of the United Nations, $800, 1/27/2008, Hillary Clinton for President; paign Committee $3,800; Friends of Maria during his tenure of service as Representa- $1,000, 3/20/2008, Udall for Us All; $250, 07/28/ (Cantwell Senate 2006) $1,200. tive of the United States of America on the 2008, Judy Feder for Congress; $250, 08/12/2008, 2. Spouse: None. Economic and Social Council of the United Poder PAC; $250, 09/12/2008, Poder PAC; $250, 3. Children and Spouses: Courtney Stroum Nations. 10/12/2008, Poder PAC; $250, 11/12/2008, Poder Meagher: 2,300, 08/21/07, Obama For America. *Robert R. King, of Virginia, to be Special PAC; $250, 10/24/2008, and Obama Victory 4. Parents: Samuel N. Stroum—Deceased; Envoy on North Korean Human Rights Fund. Althea Stroum: 1,000, 06/09/08, Obama For Issues, with the rank of Ambassador. 1. Spouse: None. America; 500, 10/20/06, Friends of Maria Cant- *William E. Kennard, of the District of Co- 1. Children and spouses: None. well; 1,000, 12/06/05, Friends of Maria Cant- lumbia, to be Representative of the United 2. Parents: Vincent M. Lomellin—De- well; 500, 12/01/05, Friends of Joe Lieberman. States of America to the European Union, ceased; Esther Lomellin—Deceased. 5. Grandparents: Nathan Stroum—De- with the rank and status of Ambassador Ex- 3. Grandparents: Florentino Martinez—De- ceased; Ethel Stroum—Deceased; George traordinary and Plenipotentiary. ceased; Elvira Martinez Garcia—Deceased; Diesenhaus—Deceased; Esther Diesenhaus— Nominee: William E. Kennard. Jesus Lomellin—Deceased; Susana Lucio Deceased. 6. Brothers and Spouses: None. Lomellin—Deceased. Post: Chief of Mission—USEU. 7. Sisters and Spouses: Marsha Glazer: 4. Brothers and spouses: David Lomellin— (The following is a list of all members of 2,300, 01/08/08, Obama For America; 2,300, 01/ No spouse, None. my immediate family and their spouses. I 08/08, Obama For America; Jay Glazer: 13,500, 5. Sisters and Spouses: Theresa Mun˜ oz, have asked each of these persons to inform 10/02/08, DNC Services Corporation/DNC; None; David Munoz, None; Martha Gonzalez, me of the pertinent contributions made by 13,500, 10/02/08, Obama Victory Fund; 15,000, None; R. Luis Gonzalez, $1,000, 7/23/07, Bill them. To the best of my knowledge, the in- 09/30/08, Committee For Change; 1,042, 09/30/ Richardson for President; Lucia Lomellin, formation contained in this report is com- 08, Georgia Federal Elections Committee; None; Martin Nava, None. plete and accurate.) 1,330, 09/30/08, North Carolina Democratic Contributions, amount, date, and donee: Party—Federal; 969, 09/30/08, Indiana Demo- 1. Self: $2300, 2/27/07, Obama for America; *Cynthia Stroum, of Washington, to be cratic Congressional Victory Committee; ¥ $2300, 2/27/07, Obama for America; $2300, 2/ Ambassador Extraordinary and Pleni- 15,000, 09/23/08, Obama Victory Fund; 15,000, 27/07, Obama for America; $2300, 3/29/07, potentiary of the United States of America 09/23/08, DNC Services Corporation/DNC; ¥ Obama for America;’ $2300, 3/29/07, Obama to Luxembourg. 4,600, 01/01/08, Obama For America; 2,000, 10/ for America; $2300, 3/29/07, Obama for Amer- Nominee: Cynthia Stroum. 31/06, Democratic Congressional Campaign ica; $1000, 9/28/07, Udall for Colorado; $2300, 9/ Post: Ambassador to Luxembourg. Committee. 30/07, Chris Dodd for President; $5000, 11/30/07, (The following is a list of all members of DNC Campaign; $500, 5/22/08, Friends of Jay my immediate family and their spouses. I *Michael C. Polt, of Tennessee, a Career Rockefeller; $1000, 6/16/08, Patrick Murphy have asked each of these persons to inform Member of the Senior Foreign Service, Class for Congress; $250, 6/30/08, Brad Miller for me of the pertinent contributions made by of Minister-Counselor, to be Ambassador Ex- U.S. Congress; $28500, 6/30/08, Obama Victory them. To the best of my knowledge, the in- traordinary and Plenipotentiary of the Fund-DNC; $2000, 8/26/08, Richard Neal for formation contained in this report is com- United States of America to the Republic of Congress; $5000, 9/26/08, Democratic Senato- plete and accurate.) Estonia. rial; Campaign Committee; $1000, 10/3/08, Contributions, amount, date, and donee: Nominee: Michael C. Polt. Committee for Change; $500, 10/24/08, Patrick 1. Cynthia Stroum: ¥$1,000, 09/24/09, Demo- Post: Tallinn, Estonia. Murphy for Congress. cratic National Committee (refunded 02/19/08 (The following is a list of all members of 2. Spouse: Deborah Kennedy: $2300, 6/18/07, contribution); 250, 05/29/09, Citizens For Arlen my immediate family and their spouses. I Obama for America; $2300, 3/27/07, Obama for Spector; 1,800, 03/06/09, People For Patty Mur- have asked each of these persons to inform America. ray U.S. Senate; 10,000, 12/25/08, Presidential me of the pertinent contributions made by 3. Children and Spouses: Robert James Inaugural Committee; 100 10/29/08 Darcy them. To the best of my knowledge, the in- Kennard: $0. Burner for Congress; 1,000, 08/04/08, Friends of formation contained in this report is com- 4. Parents: Helen Z. Kennard: $0; Robert A. Rahm Emanuel; 500, 07/10/08, Darcy Burner plete and accurate.) Kennard–Deceased. for Congress; 1,500, 06/21/08, AIPAC (paid by Contributions, amount, date, and donee: 5. Grandparents: James L. Kennard–De- Stroum Enterprises); 28,500, 05/28/08, Demo- 1. Self: 0. ceased; Marie Kennard–Deceased; Arthur cratic White House Victory Fund (see below); 2. Spouse: 0. 3. Children and Spouses: Nicholas M. Polt; King–Deceased; Grace D. King–Deceased. Democratic National Committee (rcvd Lindsay M. Polt: 0. 6. Brothers and Spouses: None. funds); 1,000, 05/12/08, Adam Smith for Con- 4. Parents: Karl H. Polt (deceased); 7. Sisters and Spouses: Lydia H. Kennard: gress; 1,000, 03/11/08, Friends of Maria (Cant- Margarete R. Reed: 0. $250, 3/5/08, Woodrow Myers, candidate For well 2006); 1,000, 02/23/08, Inslee for Congress; 5. Grandparents: Adalbert Riedl (deceased); U.S. Congress from Indiana; Sammi Reeves 1,000, 02/19/08, Democratic National Com- Theresia Riedl (deceased); Karl Polt (de- (brother in-law): $2300, 12/7/07, Romney for mittee; 250, 02/18/08, Tester for U.S. Senate; ceased); Maria Polt (deceased): 0. President; $500, 4/19/09, Gary Miller for Con- 70, 11/18/07, AIPAC; 1,000, 11/13/07, People For 6. Brothers and Spouses: None: 0. gress; Gail M. Kennard: $30, 11/12/08, Demo- Patty Murray U.S. Senate; 1,000, 11/15/07, 7. Sisters and Spouses: Martina C. Polt: 0. cratic National Committee; $25, 10/16/08, Democratic National Committee; 5,000, 06/14/ Obama for America; $25, 10/8/09, Obama for 07, Democratic Senatorial Campaign Com- *John F. Tefft, of Virginia, a Career Mem- America; $25, 8/25/08, Obama for America; $25, mittee; 1,500, 05/24/07, AIPAC (paid by Stroum ber of the Senior Foreign Service, Class of 7/17/08, Obama for America; $25, 5/29/08, Enterprises); 1,000, 04/04/07, Friends For Bar- Minister-Counselor, to be Ambassador Ex- Obama for America; $25, 3/26/08, Woodrow bara Boxer; 2,500, 03/29/07, Obama For Amer- traordinary and Plenipotentiary of the Myers, candidate for U.S. Congress from In- ica; 500, 03/25/07, People For Patty Murray United States of America to Ukraine.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27808 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 Nominee: John Francis Tefft. 4. Father-in-law: Choi Che Wing: None; S. 2783. A bill to amend the Internal Rev- Post: Ukraine. Mother-in-law: Deceased. enue Code of 1986 to provide incentives for (The following is a list of all members of 5. Brother: John P. Prahar: None; Sister- used oil re-refining, and for other purposes; my immediate family and their spouses. I in-law: Rista Prahar: None. to the Committee on Finance. have asked each of these persons to inform 6. Sister: Barbara A. Kranick: None; Broth- By Mr. CARPER (for himself and Mr. me of the pertinent contributions made by er-in-law: Gordon Kranick: None. VOINOVICH): them. To the best of my knowledge, the in- 7. Sister: Joan E. Prahar: Deceased. S. 2784. A bill to amend the Internal Rev- formation contained in this report is com- Mr. KERRY. Mr. President, for the enue Code of 1986 to permanently extend the plete and accurate.) Committee on Foreign Relations I re- estate tax as in effect in 2009, and for other Contributions, amount, date, and donee: port favorably the following nomina- purposes; to the Committee on Finance. 1. Self: None. tion lists which were printed in the By Mrs. LINCOLN (for herself and Mr. 2. Spouse: Mariella C. Tefft: None. FRANKEN): RECORD on the dates indicated, and ask 3. Children and Spouses: Christine M. Tefft: S. 2785. A bill to provide grants to improve $100, 2008, Obama/Biden Campaign; Cathleen unanimous consent, to save the ex- after-school interdisciplinary education pro- M. Tefft: None; Andrew Horowitz: None. pense of reprinting on the Executive grams, and for other purposes; to the Com- 4. Parents: Floyd F. Tefft—Deceased; Mary Calendar that these nominations lie at mittee on Health, Education, Labor, and J. Tefft—Deceased. the Secretary’s desk for the informa- Pensions. 5. Grandparents: Floyd B. Tefft—Deceased; tion of Senators. By Mr. LEAHY (for himself and Mr. Lucy B. Tefft—Deceased; James Durkin—De- The PRESIDING OFFICER. Without HATCH): ceased; Julia Durkin—Deceased. objection, it is so ordered. S. 2786. A bill to amend titles 18 and 28 of 6. Brothers and Spouses: Thomas M. Tefft: the United States Code to provide incentives *Foreign Service nomination of Terence None; Julie C. Tefft: None; James F. Tefft: for the prompt payments of debts owed to None; Victoria Tefft: None. Jones. *Foreign Service nominations beginning the United States and the victims of crime 7. Sisters and Spouses: Patricia M. Tefft— with Andrea M. Cameron and ending with by imposing late fees on unpaid judgments Deceased; Sheila L. Tefft: None; Rajiv Aleksandra Paulina Zittle, which nomina- owed to the United States and to the victims Chandra: None. tions were received by the Senate and ap- of crime, to provide for offsets on amounts collected by the Department of Justice for peared in the CONGRESSIONAL RECORD on Sep- *David Huebner, of California, to be Am- tember 10, 2009. Federal agencies, to increase the amount of bassador Extraordinary and Plenipotentiary *Foreign Service nominations beginning special assessments imposed upon convicted of the United States of America to New Zea- with Laurie M. Major and ending with Maria persons, to establish an Enhanced Financial land, and to serve concurrently and without A. Zuniga, which nominations were received Recovery Fund to enhance, supplement, and additional compensation as Ambassador Ex- by the Senate and appeared in the CONGRES- improve the debt collection activities of the traordinary and Plenipotentiary of the SIONAL RECORD on September 17, 2009. Department of Justice, to amend title 5, United States of America to Samoa. United States Code, to provide to assistant Nominee: David Huebner. *Nomination was reported with rec- United States attorneys the same retirement Post: Ambassador to New Zealand and ommendation that it be confirmed sub- benefits as are afforded to Federal law en- Samoa. ject to the nominee’s commitment to forcement officers, and for other purposes; to (The following is a list of all members of respond to requests to appear and tes- the Committee on the Judiciary. my immediate family and their spouses. I tify before any duly constituted com- By Mr. THUNE (for himself, Mr. VIT- have asked each of these persons to inform mittee of the Senate. TER, Mr. BENNETT, Mr. INHOFE, Mr. me of the pertinent contributions made by JOHANNS, Mr. BARRASSO, Mr. GRASS- f them. To the best of my knowledge, the in- LEY, Mr. CORNYN, Mr. ENSIGN, Mr. formation contained in this report is com- INTRODUCTION OF BILLS AND CRAPO, Mr. ROBERTS, Mr. ENZI, Ms. plete and accurate.) JOINT RESOLUTIONS MURKOWSKI, Mr. BURR, Mr. COBURN, Contributions, amount, date, and donee: and Mr. BOND): 1. Self: N/A. The following bills and joint resolu- S. 2787. A bill to repeal the authority of the 2. Spouse: N/A. tions were introduced, read the first Secretary of the Treasury to extend the 3. Children and Spouses: N/A. and second times by unanimous con- Troubled Asset Relief Program; to the Com- 4. Parents: Elizabeth P. Huebner, None; sent, and referred as indicated: mittee on Banking, Housing, and Urban Af- David Huebner, None. By Mr. LEVIN: fairs. 5. Grandparents: N/A; deceased. S. 2780. A bill to amend the Small Business By Mr. LEVIN (for himself and Mr. 6. Brothers and Spouses: Richard L. Act to establish a small business inter- MCCAIN): Huebner, none; Christie Huebner, None. mediary lending pilot program; to the Com- S. 2788. A bill to amend the Military Con- 7. Sisters and Spouses: N/A. mittee on Small Business and Entrepreneur- struction Authorization Act for Fiscal Year ship. 2010 to authorize construction of an Aegis *Peter Alan Prahar, of Virginia, a Career By Ms. MIKULSKI (for herself, Mr. Ashore Test Facility at Pacific Missile Member of the Senior Foreign Service, Class ENZI, Mr. HARKIN, Mr. BROWN, Mr. Range Facility, Hawaii; to the Committee on of Counselor, to be Ambassador Extraor- CARDIN, Mr. ALEXANDER, Mr. BAR- Armed Services. dinary and Plenipotentiary of the United RASSO, Mr. BURR, Mr. GREGG, Mr. By Mr. VOINOVICH (for himself, Mrs. States of America to the Federated States of THUNE, and Mr. DODD): GILLIBRAND, and Mr. KAUFMAN): Micronesia. S. 2781. A bill to change references in Fed- S. 2789. A bill to establish a scholarship Nominee: Peter Alan Prahar. eral law to mental retardation to references program to encourage outstanding under- Ambassador to the Federal States of Mi- to an intellectual disability, and to change graduate and graduate students in mission- cronesia. references to a mentally retarded individual critical fields to pursue a career in the Fed- (The following is a list of all members of to references to an individual with an intel- eral Government; to the Committee on Fi- my immediate family and their spouses. I lectual disability; to the Committee on nance. have asked each of these persons to inform Health, Education, Labor, and Pensions. By Mr. DODD (for himself, Mr. HARKIN, me of the pertinent contributions made by By Mrs. McCASKILL (for herself, Ms. Mr. FRANKEN, Mr. BROWN, and Mr. them. To the best of my knowledge, the in- COLLINS, Mr. BENNETT, Mr. BROWN, MERKLEY): formation contained in this report is com- Mr. NELSON of Florida, Mr. LEMIEUX, S. 2790. A bill to allow Americans to re- plete and accurate.) and Mr. CASEY): ceive paid sick time so that they can address Donee, amount, date, and donee: S. 2782. A bill to provide personal jurisdic- their own health needs, and the health needs 1. Self: $105, 01/31/2005, Democratic National tion in causes of action against contractors of their families, related to a contagious ill- Committee (DNC); $100, 05/10/2005, Demo- of the United States performing contracts ness; to the Committee on Health, Edu- cratic Congressional Campaign Committee abroad with respect to members of the cation, Labor, and Pensions. (DCCC); $100, 01/06/2006, DNC; $100, 01/10/2006, Armed Forces, civilian employees of the f DCCC; $110, 07/21/2006, DNC; $100, 01/22/2007, United States, and United States citizen em- DNC; $100, 12/17/2007, DNC; $100, 01/24/2008, ployees of companies performing work for ADDITIONAL COSPONSORS DNC; $100, 08/13/2008, DNC; $100, 04/13/2009, the United States in connection with con- S. 332 DCCC. tractor activities, and for other purposes; to 2. Spouse: Amy Prahar: $100, 01/22/2009, the Committee on Homeland Security and At the request of Mrs. FEINSTEIN, the DCCC; $100, 04/21/2009, DNC. Governmental Affairs. name of the Senator from North Caro- 3. Father: Louis B. Prahar: None; Mother: By Mr. BAYH (for himself, Mr. LUGAR, lina (Mrs. HAGAN) was added as a co- Ruth Prahar: Deceased. and Ms. CANTWELL): sponsor of S. 332, a bill to establish a

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27809 comprehensive interagency response to the Lord’s Resistance Army through S. 1402 reduce lung cancer mortality in a development of a regional strategy to At the request of Mr. MERKLEY, the timely manner. support multilateral efforts to success- name of the Senator from New York S. 456 fully protect civilians and eliminate (Mr. SCHUMER) was added as a cospon- At the request of Mr. DODD, the name the threat posed by the Lord’s Resist- sor of S. 1402, a bill to amend the Inter- of the Senator from New Hampshire ance Army and to authorize funds for nal Revenue Code of 1986 to increase (Mrs. SHAHEEN) was added as a cospon- humanitarian relief and reconstruc- the amount allowed as a deduction for sor of S. 456, a bill to direct the Sec- tion, reconciliation, and transitional start-up expenditures. retary of Health and Human Services, justice, and for other purposes. S. 1559 in consultation with the Secretary of S. 1147 At the request of Mr. KERRY, the Education, to develop guidelines to be At the request of Mr. KOHL, the name name of the Senator from Ohio (Mr. used on a voluntary basis to develop of the Senator from Iowa (Mr. HARKIN) VOINOVICH) was added as a cosponsor of plans to manage the risk of food al- was added as a cosponsor of S. 1147, a S. 1559, a bill to consolidate democracy lergy and anaphylaxis in schools and bill to prevent tobacco smuggling, to and security in the Western Balkans by early childhood education programs, to ensure the collection of all tobacco supporting the Governments and peo- establish school-based food allergy taxes, and for other purposes. ple of Bosnia and Herzegovina and management grants, and for other pur- S. 1152 Montenegro in reaching their goal of poses. At the request of Mr. DODD, the eventual NATO membership, and to S. 584 names of the Senator from Massachu- welcome further NATO partnership with the Republic of Serbia, and for At the request of Mr. HARKIN, the setts (Mr. KIRK) and the Senator from names of the Senator from Maryland Oregon (Mr. MERKLEY) were added as other purposes. S. 1589 (Mr. CARDIN) and the Senator from Illi- cosponsors of S. 1152, a bill to allow ANTWELL nois (Mr. DURBIN) were added as co- Americans to earn paid sick time so At the request of Ms. C , the sponsors of S. 584, a bill to ensure that that they can address their own health name of the Senator from New Hamp- all users of the transportation system, needs and the health needs of their shire (Mrs. SHAHEEN) was added as a co- including pedestrians, bicyclists, tran- families. sponsor of S. 1589, a bill to amend the sit users, children, older individuals, S. 1156 Internal Revenue Code of 1986 to mod- and individuals with disabilities, are At the request of Mr. HARKIN, the ify the incentives for the production of able to travel safely and conveniently name of the Senator from Louisiana biodiesel. on and across federally funded streets (Ms. LANDRIEU) was added as a cospon- S. 1612 and highways. sor of S. 1156, a bill to amend the Safe, At the request of Mrs. LINCOLN, the Accountable, Flexible, Efficient Trans- name of the Senator from Georgia (Mr. S. 593 portation Equity Act: A Legacy for ISAKSON) was added as a cosponsor of S. At the request of Mrs. FEINSTEIN, the 1612, a bill to amend the Internal Rev- name of the Senator from New Hamp- Users to reauthorize and improve the safe routes to school program. enue Code of 1986 to improve the oper- shire (Mrs. SHAHEEN) was added as a co- ation of employee stock ownership sponsor of S. 593, a bill to ban the use S. 1183 plans, and for other purposes. of bisphenol A in food containers, and At the request of Mr. DURBIN, the S. 1646 for other purposes. name of the Senator from California (Mrs. FEINSTEIN) was added as a co- At the request of Mr. REED, the name S. 611 sponsor of S. 1183, a bill to authorize of the Senator from Washington (Mrs. At the request of Mr. LAUTENBERG, the Secretary of Agriculture to provide MURRAY) was added as a cosponsor of the name of the Senator from Min- assistance to the Government of Haiti S. 1646, a bill to keep Americans work- nesota (Mr. FRANKEN) was added as a to end within 5 years the deforestation ing by strengthening and expanding cosponsor of S. 611, a bill to provide for in Haiti and restore within 30 years the short-time compensation programs the reduction of adolescent pregnancy, extent of tropical forest cover in exist- that provide employers with an alter- HIV rates, and other sexually trans- ence in Haiti in 1990, and for other pur- native to layoffs. mitted diseases, and for other purposes. poses. S. 1765 S. 619 S. 1194 At the request of Mr. CARDIN, the At the request of Mrs. FEINSTEIN, the At the request of Ms. CANTWELL, the name of the Senator from California name of the Senator from Washington name of the Senator from New Jersey (Mrs. FEINSTEIN) was added as a co- (Ms. CANTWELL) was added as a cospon- (Mr. LAUTENBERG) was added as a co- sponsor of S. 1765, a bill to amend the sor of S. 619, a bill to amend the Fed- sponsor of S. 1194, a bill to reauthorize Hate Crime Statistics Act to include eral Food, Drug, and Cosmetic Act to the Coast Guard for fiscal years 2010 crimes against the homeless. preserve the effectiveness of medically and 2011, and for other purposes. S. 1790 important antibiotics used in the S. 1317 At the request of Mr. DORGAN, the treatment of human and animal dis- At the request of Mr. LAUTENBERG, name of the Senator from Washington eases. the names of the Senator from Cali- (Ms. CANTWELL) was added as a cospon- S. 850 fornia (Mrs. FEINSTEIN) and the Sen- sor of S. 1790, a bill to amend the In- At the request of Mr. KERRY, the ator from New York (Mr. SCHUMER) dian Health Care Improvement Act to name of the Senator from Indiana (Mr. were added as cosponsors of S. 1317, a revise and extend that Act, and for BAYH) was added as a cosponsor of S. bill to increase public safety by per- other purposes. 850, a bill to amend the High Seas mitting the Attorney General to deny S. 1792 Driftnet Fishing Moratorium Protec- the transfer of firearms or the issuance At the request of Mr. ROCKEFELLER, tion Act and the Magnuson-Stevens of firearms and explosives licenses to the name of the Senator from Oregon Fishery Conservation and Management known or suspected dangerous terror- (Mr. WYDEN) was added as a cosponsor Act to improve the conservation of ists. of S. 1792, a bill to amend the Internal sharks. S. 1341 Revenue Code of 1986 to modify the re- S. 1067 At the request of Mr. MENENDEZ, the quirements for windows, doors, and At the request of Mr. FEINGOLD, the name of the Senator from California skylights to be eligible for the credit names of the Senator from Oklahoma (Mrs. FEINSTEIN) was added as a co- for nonbusiness energy property. (Mr. INHOFE) and the Senator from sponsor of S. 1341, a bill to amend the S. 1938 Alaska (Mr. BEGICH) were added as co- Internal Revenue Code of 1986 to im- At the request of Mr. ROCKEFELLER, sponsors of S. 1067, a bill to support pose an excise tax on certain proceeds the name of the Senator from Pennsyl- stabilization and lasting peace in received on SILO and LILO trans- vania (Mr. CASEY) was added as a co- northern Uganda and areas affected by actions. sponsor of S. 1938, a bill to establish a

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27810 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 program to reduce injuries and deaths ness intermediary lending pilot pro- profit lenders to fill the gap created by caused by cellphone use and texting gram; to the Committee on Small Busi- the reluctance of private financial in- while driving. ness and Entrepreneurship. stitutions to provide capital to busi- S. 2128 Mr. LEVIN. Mr. President, today I nesses. As demand on these non-profit At the request of Mr. LEMIEUX, the introduce the Small Business Inter- institutions to fill the gap has in- names of the Senator from Texas (Mrs. mediary Lending Pilot Program Act of creased, these institutions’ sources of HUTCHISON), the Senator from Georgia 2009. capital are also drying up. To address this problem, I am intro- (Mr. ISAKSON) and the Senator from As a member of the Small Business ducing legislation to help get financing Wyoming (Mr. BARRASSO) were added and Entrepreneurship Committee I to those small businesses that are not as cosponsors of S. 2128, a bill to pro- have been concerned about access to af- being served by the conventional loan vide for the establishment of the Office fordable financing for small businesses. programs currently available through of Deputy Secretary for Health Care The need to help small businesses the Small Business Administration. Fraud Prevention. find flexible credit sources has become more urgent than ever during this eco- The Small Business Intermediary S. 2607 nomic and credit crisis. The problem is Lending Program that I am intro- At the request of Mr. REID, the name serious. I have heard from numerous ducing today is a three-year pilot pro- of the Senator from Nevada (Mr. EN- small businesses from across Michigan gram which authorizes the SBA in each SIGN) was added as a cosponsor of S. facing serious financial difficulties. of the three years to make 20-year 2607, a bill to amend the Department of Too many creditworthy businesses are loans, on a competitive basis, to up to the Interior, Environment, and Related having trouble procuring a loan, get- 20 non-profit lending intermediaries Agencies Appropriations Act, 2010 to ting their loans renewed, or are facing around the country, with a maximum repeal a provision of that Act relating higher rates or are having their lines of amount of $3 million per loan. Under to geothermal energy receipts. credit withdrawn altogether. This is this proposal, intermediaries would use S. 2730 happening even when the business these SBA loans to capitalize revolving At the request of Mr. BROWN, the never missed a payment. loan funds through which loans of up to name of the Senator from Rhode Island The difficulty of finding bank financ- $200,000 would be made to small busi- (Mr. WHITEHOUSE) was added as a co- ing is both a symptom and a cause of nesses in need of flexible debt financ- sponsor of S. 2730, a bill to extend and our economic troubles. The crisis that ing. In addition, these intermediaries enhance the COBRA subsidy program nearly toppled our economy in late 2008 would assist borrowers in leveraging under the American Recovery and Re- and early 2009 was largely the result of the SBA funds to obtain additional investment Act of 2009. a shutdown in lending by banks wor- capital from other sources. The inter- mediaries would also work closely with S. 2755 ried that they would be overwhelmed the small business to provide technical At the request of Mr. MENENDEZ, the by bad loans. And as the lack of avail- able credit rippled through the econ- assistance during the life of the loan. names of the Senator from Indiana The program would be structured omy, it hit more businesses, cost them (Mr. BAYH) and the Senator from Or- along the lines of the SBA’s Microloan more customers, forced them to lay off egon (Mr. WYDEN) were added as co- program and USDA’s Intermediary Re- sponsors of S. 2755, a bill to amend the more workers, and slowed economic ac- lending Program, both of which have Internal Revenue Code of 1986 to pro- tivity even more, making banks all the demonstrated the success of using vide an investment credit for equip- more reluctant to lend and setting off intermediary lenders to improve the ment used to fabricate solar energy a downward spiral. flow of credit to small businesses that property, and for other purposes. The search for solutions to these are unable to satisfy the underwriting problems has been intense, and we have S. 2758 requirements of a congenital bank. At the request of Ms. STABENOW, the taken some steps in Congress to allevi- The program is designed to fill the name of the Senator from Ohio (Mr. ate them, including acting to reduce lending gap that exists between SBA’s BROWN) was added as a cosponsor of S. Small Business Administration lending Microloan program that lends up to 2758, a bill to amend the Agricultural fees, increasing the dollar amount of $35,000 and its 7(a) loan program that Research, Extension, and Education those loans the government would makes larger traditional loans to small Reform Act of 1998 to establish a na- guarantee, and offering short-term businesses through participating tional food safety training, education, loans to businesses facing immediate banks. Many start-up and expanding extension, outreach, and technical as- financial hardship. But it hasn’t been small businesses may have graduated sistance program for agricultural pro- enough. from the Microloan Program and need ducers, and for other purposes. In May, I told members of the Senate larger loans but cannot get 7(a) loans Small Business and Entrepreneurship S. RES. 334 because they lack adequate collateral Committee, on which I serve, of just necessary for traditional loans. These At the request of Mr. HATCH, the one Michigan example of the problem: name of the Senator from Georgia (Mr. small businesses may also still need A small manufacturer based in the technical assistance to help them suc- ISAKSON) was added as a cosponsor of S. Thumb. The company’s longtime bank ceed that would be provided by the Res. 334, a resolution designating lender told the company it could not Thursday, November 19, 2009, as ‘‘Feed intermediary lender under this bill. renew the firm’s 5-year loan, instead Even before the severe economic America Day’’. offering 90-day renewals at a much downturn and resulting credit crunch, S. RES. 353 higher interest rate. The company, 7(a) lenders were not making the sorts At the request of Mrs. HAGAN, the with 77 workers and 150 customers, of midsize loans the Intermediary name of the Senator from Michigan sought a loan elsewhere, but other Lending Program seeks to make. In (Ms. STABENOW) was added as a cospon- banks—28 of them—rejected its appli- fact, several years ago a representative sor of S. Res. 353, a resolution sup- cation. The company has an excellent for the National Association of Govern- porting the goals and ideals of ‘‘Amer- payment history. That story can be re- ment Guaranteed Lenders, the 7(a) ican Education Week’’. peated 100 times throughout the state. lenders’ trade association, told a Small f With the steep decline in the avail- Business and Entrepreneurial Com- ability of credit from conventional fi- mittee roundtable that 7(a) lenders are STATEMENTS ON INTRODUCED nancial institutions, demand is in- not making these midsized loans be- BILLS AND JOINT RESOLUTIONS creasing for community-based finan- cause they are not cost effective, and cial institutions, including Community that the Intermediary Lending Pro- By Mr. LEVIN: Development Corporations, Micro- gram would fill an important niche not S. 2780. A bill to amend the Small lenders, Community Development Fi- being filled by any existing SBA pro- Business Act to establish a small busi- nancial Institutions and other non- gram.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27811 We have been taking some important that would change the words ‘‘men- retardation,’’ ‘‘individual with an in- steps to encourage banks to lend to tally retarded’’ and substitute that tellectual disability’’ for ‘‘mentally re- businesses, with varying degrees of suc- with the phrase ‘‘an individual with an tarded.’’ cess. Clearly more needs to be done to intellectual disability.’’ This bill, as I can assure all who get credit into the hands of the small That is why I stand on the Senate might be concerned, will not expand businesses that are going to create the floor today to introduce, at the request nor diminish services, rights, or edu- jobs necessary to lead us out of this of this family, legislation on behalf of cational opportunities. We vetted it economic downturn. The Intermediary this little girl and on behalf of all of with legal counsel. We reached out to Lending Program I am introducing the children of the United States of the very wonderful advocacy groups in today proposes a way to get financing America who are labeled, stigmatized, this field, and they concur that this into the hands of those viable busi- and bear a burden the rest of their lives legislation would be acceptable. nesses that conventional banks are because of the language we use in the The Senate has changed terminology currently not lending to so that they law books. for this population before. In the 1960s, can hire employees and grow their My law simply changes the phrase Congress passed legislation where we businesses. I urge its swift enactment. ‘‘mentally retarded’’ to an ‘‘individual took—I am almost embarrassed to say with an intellectual disability.’’ We do our law once referred to boys and girls By Ms. MIKULSKI (for herself, it in health, education, and labor pol- as ‘‘feeble-minded.’’ We thought we Mr. ENZI, Mr. HARKIN, Mr. icy without in any way negatively im- were being advanced when we changed BROWN, Mr. CARDIN, Mr. ALEX- pinging upon either the educational or it to ‘‘mentally retarded.’’ Now, 40 ANDER, Mr. BARRASSO, Mr. other benefits to which these children years later, let’s take another big step BURR, Mr. GREGG, Mr. THUNE, are entitled. and change it to ‘‘intellectual dis- and Mr. DODD): When it came time to bring the bill ability.’’ S. 2781. A bill to change references in before the General Assembly, the fam- This bill makes language used in the Federal law to mental retardation to ily was there. And who spoke up for Federal Government consistent. The references to an intellectual disability, Rosa? Well, her mom and dad had been President’s Committee on Mental Re- and to change references to a mentally speaking up for her. Her brother Nick tardation was changed by Executive retarded individual to references to an and her sisters Madeleine and Gigi had order so it is now the Committee on In- individual with an intellectual dis- been speaking up for her. This wonder- dividuals with Intellectual Disabilities. ability; to the Committee on Health, ful boy, Nick, at the time 13 testified The CDC uses ‘‘intellectual disability.’’ Education, Labor, and Pensions. before the general assembly and said: The World Health Organization uses Ms. MIKULSKI. Mr. President, today What you call people is how you treat ‘‘intellectual disability.’’ I rise to introduce legislation that I am them. I have always said the best ideas calling ‘‘Rosa’s Law.’’ It began by lis- ‘‘What you call people is how you come from the people. ‘‘Rosa’s Law’’ is tening to the people in my own State. treat them.’’ What you call my sister is a perfect example of effective citizen It began when a mother told me a com- how you will treat her. If you believe advocacy—a family that pulled to- pelling story about her own daughter, she is ‘‘retarded,’’ it invites taunts, it gether for their own, and in pulling to- her family’s efforts to give her daugh- invites stigmas, it invites bullying, and gether they are pulling us all along to ter an opportunity for an education it also invites the slammed doors of a new way of thinking. and to be treated with respect and with not being treated with respect and dig- I want to recognize the Marcellino dignity. And, at the same time, it nity. family who is here with us in the gal- began with the advocacy of not only Nick’s words were far more eloquent lery, and the namesake of the law, she and her husband but of her entire that day than mine are today. I want Rosa, whose picture is behind me, and family, including her 14 year old son, to salute Nick for standing up for his she is also up there in the gallery Nick, who testified at the Maryland sister. But I think we need to stand up today. General Assembly. for all because in changing the lan- It was indeed an honor to represent As a result of their effort, I am intro- guage we believe it will be the start of this family. I believe in our country ducing Rosa’s Law. But I want to tell new attitudes toward people with intel- people have a right to be heard, and we you about the family. I want to tell lectual disabilities. Hopefully, people listen. They have a right to be rep- you about the Marcellinos—two deter- will associate these new words with the resented, which I have tried to do. Now mined parents with four children: Nick, very able and valuable people that go let’s try to change the law. age 14; Madeleine, age 12; Gigi, age 10; to school, work, play soccer, or live I also want to take this opportunity and Rosa, age 8. I wish you could have next door. to thank my colleagues. It is a pleasure been with me in my office as I met Eunice Shriver believed in this when to work with Senators HARKIN and with them, as I met with the parents she created the Special Olympics. She ENZI, the chair and ranking member of and talked with the family. knew special needs children need spe- the HELP Committee. I have their Last year, at a roundtable on special cial attention, but they can do very wholehearted support in working to- education, I met Nina Marcellino. She special things and look what she start- gether. told me about her daughter Rosa and ed. This is going to be a bipartisan bill. the fact that Rosa had been labeled at This bill has gotten unanimous sup- It is going to be a nonpartisan bill. We her school some years ago as ‘‘men- port in the Maryland legislative body. are going to check our party hats at tally retarded’’ and told me of the stig- It passed in Annapolis. A few weeks be- the door and move ahead and tip our ma, the pain, the anguish it caused fore this bill swept through the Gen- hats to these boys and girls. This bill is both Nina and her husband, Rosa’s eral Assembly, I had the opportunity driven by passion for social justice and brother and sisters as well as Rosa her- to talk to Rosa’s mom, Nina. I prom- compassion for the human condition. self. ised her then that if that bill passed We have done a lot to come out of the The mother and father reached out to the Maryland Legislature, I would dark ages of institutionalization and the advocacy organization, the Arc, to bring it to the floor of the Senate. exclusion when it comes to people with see what could be done to change the Well, it passed unanimously, Governor intellectual disabilities. law. They then reached out to a mem- O’Malley has signed it, and today I I urge my colleagues to join me in ber of the Maryland General Assembly stand before you introducing the legis- going a step further. Cosponsor the leg- in our own Maryland Legislature—a lation. islation I offer on a bipartisan basis. wonderful representative named Ted It makes nominal changes to policy. Help me pass the law and know that Sophocleus. It gets into Federal education, health, each and every one of us can make a Mr. Sophocleus introduced legisla- and labor law. It simply substitutes difference. When we work together, we tion in the Maryland General Assembly ‘‘intellectual disability’’ for ‘‘mental can make change. I look forward to

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27812 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 working with my colleagues in moving such a term and then left virtually term intellectual disability in laws this bill forward in our legislative alone in the effort to overcome it. that are in the jurisdiction of the Sen- process. Over the years, Congress has made it ate Committee on Health, Education, Mr. ENZI. Mr. President, I am known that community living, edu- Labor and Pensions. This bill makes pleased to have this opportunity to cational opportunities that lead to suc- our intent clear throughout our Nation join my colleague from Maryland, Sen- cess in the workplace, and equal oppor- that this term will never again be used ator MIKULSKI, in introducing Rosa’s tunity without discrimination will be in Congress or in any Federal office. law. I would like to thank her for her available to people who are living with When I came to the Senate 13 years leadership and her commitment on this intellectual limitations under appro- ago, my staff and I met almost imme- issue. Simply put, this legislation will priate Federal statutes. diately to work on our mission state- make an important change in the That was a good start. Unfortu- ment. When it was completed, one of words we use to refer to those with in- nately, several key Federal disability the most important clauses we had tellectual disabilities. It is a much statutes, including the Individuals written was our commitment that we needed change in the law that is fully with Disabilities Education Act, the would treat others not as we would deserving of our support. Rehabilitation Act, the Developmental wish to be treated, but as they would For far too long we have used words Disabilities Act, and the Genetic Infor- wish to be treated. There is a dif- like ‘‘mental retardation’’ in our Fed- mation Nondiscrimination Act, still ference. eral statutes to refer to those with in- use the outmoded term. It is time for Today, with the passage of this im- tellectual disabilities. This has been Congress to be proactive and join the portant legislation, we are reaching unfortunate because when we use such States of New Hampshire, Maryland, out to those with intellectual disabil- a term we send a message throughout and my home State of Wyoming by ities to assure them that their govern- our society that someone ‘‘is’’ their ending the use of this pejorative term ment will treat them as they would disability, instead of someone like us and replacing it with a more carefully wish to be treated. By so doing, we will who is facing a challenge in their life. chosen word. also be directing our staffs and the Such a term creates the unwanted im- To paraphrase a quote I have heard staffs of federal offices throughout the pression that growth is impossible and about cancer, a disability is a word, U.S. that the best way for them to their disability will lock them into a not a sentence. We have put that phi- refer to those with disabilities or to certain lifestyle forever. losophy into practice over the years for anyone who comes into their office is As an example, imagine a friend with other disabilities. It is time we adapted by the term they have carried with cancer. When you refer to him or her it to provide support to those living them throughout their lives—their you would probably say they have can- with intellectual disabilities as well. name. cer, or are going through cancer treat- Some will ask if we are being overly ment. You wouldn’t say they ‘‘are’’ sensitive, or if we are just trying to By Mr. LEAHY (for himself and cancer like this term says that some- make a change to be politically cor- Mr. HATCH): one ‘‘is’’ their disability. It’s a distinc- rect. The answer to that question is S. 2786. A bill to amend titles 18 and tion that makes a big difference for clearly ‘‘no.’’ 28 of the United States Code to provide anyone facing such a difficult period of It is no secret. When we put a ‘‘label’’ incentives for the prompt payments of their lives. like that on someone we often find our- debts owed to the United States and This is not a unique situation. His- selves dealing with the label as if it is the victims of crime by imposing late torically, this and other unfortunate not a description of the challenges fees on unpaid judgments owed to the terms have been used to refer to people someone faces in their lives but a re- United States and to the victims of with disabilities of all kinds for many flection of who that person really is. crime, to provide for offsets on years. That puts them in a group with a label amounts collected by the Department Prior to the 1960’s, people who were for a name and tells them that they are of Justice for Federal agencies, to in- viewed as having intellectual limita- not worthy of being treated as an indi- crease the amount of special assess- tions were shunned from society and vidual, with individual needs and inter- ments imposed upon convicted persons, placed in institutions. The American ests. to establish an Enhanced Financial Re- dream of self-determination, inde- I have heard from people with intel- covery Fund to enhance, supplement, pendent living, and the pursuit of free- lectual disabilities over the years. and improve the debt collection activi- dom and happiness was thought to be They have asked us to put an end to ties of the Department of Justice, to impossible for them to achieve. We let the use of that outdated term. Self-ad- amend title 5, United States Code, to the limitations we helped to create vocacy groups such as Self-Advocates provide to assistant United States at- with our words and our attitudes slow- Becoming Empowered and local People torneys the same retirement benefits ly take away their hopes and dreams First Organizations as well as organi- as are afforded to Federal law enforce- for a better life and a brighter future. zations such as the Arc of the United ment officers, and for other purposes; We know now that words have mean- States, Special Olympics Inter- to the Committee on the Judiciary. ing, sometimes far beyond what we in- national, and others have already Mr. LEAHY. Mr. President, today I tend. Therefore, we must be very care- stopped using this archaic terminology am pleased to join with Senator HATCH ful about the way we describe the peo- and dropped the term from their agen- to introduce a bill that will take steps ple we see every day, including those cy names. The American Psychiatric to enhance the retirement benefits with disabilities, or those who are un- Association, which publishes the Diag- granted to Assistant U.S. Attorneys dergoing treatment for a variety of nostic and Statistical Manual of Men- who serve all Americans in a critical health issues. Unfortunately, the Fed- tal Disorders, has already voted to use law enforcement role. Representative eral Government has not dropped this the term ‘‘Intellectual Disability’’ in DELAHUNT is introducing companion term from our laws and it still appears the next publication of their manual. legislation in the House. I would like in the regulations and statutes that I have always believed that the law is to acknowledge the significant efforts come before our legislative bodies and a great teacher. That is why we need to made by the National Association of our courts. join in this effort and express our sup- Assistant United States Attorneys in With this legislation we are taking a port for the efforts of those with dis- developing this legislation. giant step forward, as we acknowledge abilities of all kinds to live to their There are approximately 5,500 Assist- that times have changed and we live in full potential. We can do that by elimi- ant U.S. Attorneys in 93 offices a much different world. Clearly this nating the use of negative archaic throughout the U.S. all of whom are term was not developed from malice. It terms to refer to those with intellec- serving on the front lines to uphold the came from a lack of understanding of tual limitations. Such an action on our rule of law. Having served as a pros- what it was like to be labeled with part starts with this bill that uses the ecutor for many years in Vermont, I

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27813 know well the integral role prosecutors S. 2786 the principal or the late fee has been paid in play in the administration of justice Be it enacted by the Senate and House of Rep- full and the other amount due remains un- and keeping our communities safe. resentatives of the United States of America in paid, all payments for fines or restitution Federal prosecutors are a crucial com- Congress assembled, shall then be applied to the other unpaid ob- ligation. If the principal and the late fee ponent of our justice system, and this SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Enhanced have been paid in full, all payments for fines legislation recognizes the important or restitution shall then be applied to inter- contributions these men and women Restitution Enforcement and Equitable Re- tirement Treatment Act of 2009’’. est. make in the enforcement of our Fed- ‘‘(3) DEFINITIONS.—In this subsection— eral laws. SEC. 2. TABLE OF CONTENTS. ‘‘(A) the term ‘fines or restitution obliga- The table of contents for this Act is as fol- tions’ does not include any amount that is Probation officers, deputy marshals, lows: corrections officers, and even correc- imposed as interest, costs, or a late fee; Sec. 1. Short title. tions employees not serving in a law ‘‘(B) the term ‘principal’ does not include Sec. 2. Table of contents. any amount that is imposed as interest, pen- enforcement role receive benefits TITLE I—ENHANCED FINANCIAL alty, or a late fee; and greater than those received by Assist- RECOVERY ‘‘(C) the term ‘restitution’ includes any un- ant U.S. Attorneys. This is a disparity Sec. 101. Unpaid fines and restitution. paid balance due to a person identified in that should be remedied. By making Sec. 102. Remission of criminal monetary any judgment, or order of restitution, en- the appropriate adjustments provided penalties. tered in any criminal case. in this legislation, Congress would also Sec. 103. Prioritization of restitution efforts. ‘‘(e) WAIVER OF INTEREST, PENALTY, OR help the Federal justice system retain Sec. 104. Imposition of civil late fee. LATE FEES.— experienced prosecutors. Of all the Sec. 105. Increase in the amount of special ‘‘(1) IN GENERAL.—The Attorney General may waive all or part of any interest or late prosecutors who leave the government assessments. Sec. 106. Enhanced financial recovery fund. fee under this section or any interest or pen- for the private sector, 60 to 70 percent Sec. 107. Effective dates. alty imposed under any other provision of do so with experience of between 6 and TITLE II—EQUITABLE RETIREMENT law if the Attorney General determines that 15 years. With the Department of Jus- TREATMENT OF ASSISTANT UNITED reasonable efforts to collect the interest, tice’s rapidly expanding role in com- STATES ATTORNEYS late fee, or penalty are not likely to be effec- tive. bating terrorism, financial fraud, and Sec. 201. Retirement treatment of assistant ‘‘(2) WAIVER BY COURT.—The court may other pressing national law enforce- United States attorneys. ment challenges, we cannot afford to waive the uncollected portion of a late fee, Sec. 202. Provisions relating to incumbents. upon the motion of the defendant, and a lose the experienced men and women Sec. 203. Agency share contributions. showing, by a preponderance of the evidence, Sec. 204. Effective date. who serve in this vital position. And by that— enhancing the retirement benefits for TITLE I—ENHANCED FINANCIAL ‘‘(A) the defendant has made a good faith these prosecutors, we make service as RECOVERY effort to satisfy all unpaid fines or restitu- an Assistant U.S Attorney a more at- SEC. 101. UNPAID FINES AND RESTITUTION. tion obligations; tractive path for talented young law- (a) IN GENERAL.—Section 3612 of title 18, ‘‘(B) despite the good faith efforts of the yers who are considering public serv- United States Code, is amended— defendant, the defendant is not likely to sat- ice. (1) by striking subsections (d), (e), (g), (h), isfy the obligations within the time provided for under section 3613 of this title; and This legislation also makes substan- and (i); and (2) by inserting after subsection (c) the fol- ‘‘(C) the continued collection of a late fee tial efforts to defray the cost to the lowing: would constitute an undue burden upon the Federal Government of providing en- ‘‘(d) IMPOSITION OF LATE FEE.— defendant.’’. hanced retirement benefits to Assist- ‘‘(1) IN GENERAL.—A late fee shall be im- (b) REPEAL OF DELINQUENCY AND DEFAULT ant U.S. Attorneys and to make our posed upon a defendant if fines or restitution PROVISIONS.—Section 3572 of title 18, United justice system operate more effi- obligations of the defendant totaling not less States Code, is amended by striking sub- ciently. The bill includes important than $2,500 unpaid as of the date specified in sections (h) and (i). provisions that would assist the De- subsection (f)(1). The late fee imposed under SEC. 102. REMISSION OF CRIMINAL MONETARY PENALTIES. partment of Justice in recovering this paragraph shall be 5 percent of the un- paid principal balance for an individual and Section 3573 of title 18, United States Code, money owed to the Federal Govern- 10 percent for any other person. is amended to read as follows: ment as a result of judgments and ‘‘(2) ALLOCATION OF PAYMENTS.— ‘‘§ 3573. Petition of the Government for modi- other fines. By bolstering the Depart- ‘‘(A) FINE.—Subject to subparagraph (C), if fication or remission ment’s ability to collect the funds it is a late fee is imposed under paragraph (1) for ‘‘(a) IN GENERAL.—Upon petition of the rightfully owed, resources would be a fine— Government showing that reasonable efforts made more available to provide the ‘‘(i) an amount equal to 95 percent of each to collect a fine, restitution obligation, or parity in retirement benefits sought by payment made by a defendant shall be cred- special assessment are not likely to be effec- Assistant U.S. Attorneys. The result of ited to the Crime Victims Fund established tive, the court may, in the interest of jus- under section 1402 of the Victims of Crime this innovative effort to fund these tice, remit all or any part of the fine, res- Act of 1984 (42 U.S.C. 10601) or as otherwise titution obligation, or special assessment, benefits in an alternative manner is provided in that section; and including interest, penalty, and late fees. that the Department of Justice will, ‘‘(ii) an amount equal to 5 percent of each ‘‘(b) VICTIMS OTHER THAN THE UNITED through its duties as the Nation’s law payment shall be credited to the Department STATES.—In the case of a restitution obliga- enforcement agency, be able to provide of Justice Enhanced Financial Recovery tion owed to a victim other than the United the benefits its employees deserve at Fund established under section 106 of the En- States, the express and clearly voluntary little or no cost to the taxpayer. hanced Restitution Enforcement and Equi- consent of the victim is required before the With the introduction of this legisla- table Retirement Treatment Act of 2009. court may grant such petition. No defendant tion, we signal that prosecutors in our ‘‘(B) RESTITUTION.—Subject to subpara- shall initiate contact with a victim for the graph (C), if a late fee is imposed under para- purpose of securing consent to a possible re- society fulfill a critical and valuable graph (1) for a restitution obligation— mission except through counsel, the United role. By enacting it, Congress can send ‘‘(i) an amount equal to 95 percent of each States attorney, or in such a manner as first the message that the service of these payment shall be paid to any victim identi- approved by the court as safe and noncoer- prosecutors is an indispensable compo- fied by the court; and cive.’’. nent of our Federal justice system. I ‘‘(ii) an amount equal to 5 percent of each SEC. 103. PRIORITIZATION OF RESTITUTION EF- hope all Senators will join us in sup- payment shall be credited to the Department FORTS. porting this legislation. of Justice Enhanced Financial Recovery Section 3771 of title 18, United States Code, Mr. President, I ask unanimous con- Fund established under section 106 of the En- is amended by adding the following sub- hanced Restitution Enforcement and Equi- sent that the text of the bill be printed section: table Retirement Treatment Act of 2009. ‘‘(g) GUIDELINES.— in the RECORD. ‘‘(C) ORDER OF PAYMENTS.—Payments for ‘‘(1) IN GENERAL.—The Attorney General There being no objection, the text of fines or restitution shall be applied first to shall promulgate guidelines to ensure the ef- the bill was ordered to be printed in the principal and, if any, the late fee under fective and efficient enforcement of all the RECORD, as follows: paragraph (1). If the amount due on either criminal and civil obligations which are

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27814 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 owed to the United States and enforced by ‘‘(1) in the case of an infraction or a mis- judgment, which assists in the enforcement the Department of Justice. demeanor— of a judgment, or in a proceeding directly re- ‘‘(2) CONTENTS.—The guidelines promul- ‘‘(A) if the defendant is an individual— lated to the failure of a defendant to satisfy gated under paragraph (1) shall require con- ‘‘(i) the amount of $10 in the case of an in- the monetary portion of a judgment. sideration, in making decisions relating to fraction or a class C misdemeanor; (2) ADJUSTMENT OF AMOUNT.—In each fiscal enforcement of criminal and civil obligations ‘‘(ii) the amount of $25 in the case of a year following the first fiscal year in which which are owed to the United States, of the class B misdemeanor; and deposits into the Fund are greater than amount due, the amount collectible, and ‘‘(iii) the amount of $100 in the case of a $20,000,000, the amount to be used under para- whether the amount is due to individuals class A misdemeanor; and graph (1)(A) shall be increased by a percent- who are not likely to be able to enforce the ‘‘(B) if the defendant is a person other than age equal to the change in the Consumer obligation without assistance from the De- an individual— Price Index published by the Bureau of Labor partment of Justice.’’. ‘‘(i) the amount of $100 in the case of an in- Statistics of the Department of Labor for the SEC. 104. IMPOSITION OF CIVIL LATE FEE. fraction or a class C misdemeanor; calendar year preceding that fiscal year. (3) LIMITATION.—In any fiscal year, (a) IN GENERAL.—Section 3011 of title 28, ‘‘(ii) the amount of $200 in the case of a United States Code, is amended to read as class B misdemeanor; and amounts in the Fund shall be available to follows: ‘‘(iii) the amount of $500 in the case of a the extent that the amount appropriated in class A misdemeanor; and that fiscal year for the purposes described in ‘‘§ 3011. Imposition of late fee ‘‘(2) in the case of a felony— paragraph (1) is not less than an amount ‘‘(a) IN GENERAL.—A late fee shall be im- ‘‘(A) the amount of $100 if the defendant is equal to the amount appropriated for such posed on a defendant if there is an unpaid an individual; and activities in fiscal year 2006, adjusted annu- balance due to the United States on any ‘‘(B) the amount of $1,000 if the defendant ally in the same proportion as increases re- money judgment in a civil matter recovered is not an individual.’’. flected in the amount of aggregate level of in a district court as of— appropriations for the Executive Office of SEC. 106. ENHANCED FINANCIAL RECOVERY ‘‘(1) the fifteenth day after the date of the FUND. United States Attorneys and United States judgment; or Attorneys. (a) ESTABLISHMENT.—There is established (e) CURRENT AGENCY SHARE CONTRIBU- ‘‘(2) if the day described in paragraph (1) is in the Treasury a separate account known as TIONS.—After expending amounts in the a Saturday, Sunday, or legal public holiday, the Department of Justice Enhanced Finan- Fund as provided under subsection (d), the the next day that is not a Saturday, Sunday, cial Recovery Fund (in this section referred Attorney General may use amounts remain- or legal holiday. to as the ‘‘Fund’’). MOUNT OF ATE EE ing in the Fund to offset additional agency ‘‘(b) A L F .—A late fee im- (b) DEPOSITS.—Notwithstanding section posed under subsection (a) shall be 5 percent share contributions made by the Department 3302 of title 31, United States Code, or any of Justice for personnel benefit expenses in- of the unpaid principal balance for an indi- other law regarding the crediting of collec- vidual and 10 percent for any other person. curred as a result of this Act or the amend- tions, there shall be credited as an offsetting ments made by this Act relating to service ‘‘(c) ALLOCATION OF PAYMENTS.—Subject to collection to the Fund an amount equal to— subsection (d), if a late fee is imposed under as an assistant United States attorney on or (1) 2 percent of any amount collected pur- after the date of enactment of this Act. The subsection (a)— suant to civil debt collection litigation ac- ‘‘(1) an amount equal to 95 percent of each availability of amounts from the Fund shall tivities of the Department of Justice (in ad- have no effect on the implementation of title principal payment made by a defendant shall dition to any amount credited under section be credited as otherwise provided by law; and II or the amendments made by title II. 11013 of the 21st Century Department of Jus- (f) RETROACTIVE AGENCY SHARE CONTRIBU- ‘‘(2) an amount equal to 5 percent of each tice Appropriations Authorization Act (28 TIONS.—After expending amounts in the principal payment shall be credited to the U.S.C. 527 note)); Fund as provided under subsection (e), the Department of Justice Enhanced Financial (2) 5 percent of all amounts collected as Attorney General may use amounts remain- Recovery Fund established under section 106 restitution due to the United States pursu- ing in the Fund to offset agency share con- of the Enhanced Financial Recovery and Eq- ant to the criminal debt collection litigation tributions made by the Department of Jus- uitable Retirement Treatment Act of 2007. activities of the Department of Justice; and tice for personnel benefit expenses incurred ‘‘(d) ORDER OF PAYMENTS.—Payments for a (3) any late fee collected under section 3612 as a result of this Act or the amendments money judgment in a civil matter shall be of title 18, United States Code, as amended made by this Act relating to service as an as- applied first to the principal and, if any, the by this Act, or section 3011 of title 28, United sistant United States attorney before the late fee under subsection (a). If the amount States Code, as amended by this Act. date of enactment of this Act. due on either the principal or the late fee has (c) AVAILABILITY.—The amounts credited (g) REBATE OF AGENCY OFFSETS.—After ex- been paid in full and the other amount due to the Fund shall remain available until ex- pending amounts in the Fund as provided remains unpaid, all payments for a money pended. under subsection (f), all amounts remaining judgment in a civil matter shall be applied (d) PAYMENTS FROM THE FUND TO SUPPORT in the Fund shall be credited, proportionally, to the other unpaid obligation. If the prin- ENHANCED ENFORCEMENT OF JUDGMENTS.— to the Federal agencies on behalf of which cipal and the late fee have been paid in full, (1) USE FOR COLLECTION.— debt collection litigation activities were all payments for a money judgment in a civil (A) IN GENERAL.—Except as provided in conducted that resulted in deposits under matter shall then be applied to interest. paragraph (2), the Attorney General shall use paragraph (1) or (2) of subsection (b) during ‘‘(e) DEFINITIONS.—In this section— not less than $20,000,000 of the Fund in each that fiscal year. (h) PAYMENTS TO THE GENERAL FUND.— ‘‘(1) the term ‘principal’ does not include fiscal year, to the extent that funds are After expending amounts in the Fund as pro- any amount that is imposed as interest, pen- available, for the collection of civil and vided under subsection (g), all amounts re- alty, or a late fee; and criminal judgments by the Department of maining in the Fund shall be deposited with ‘‘(2) the term ‘unpaid balance due to the Justice, including restitution judgments United States’— the General Fund of the United States Treas- where the beneficiaries are the victims of ury. ‘‘(A) includes any unpaid balance due to a crime. person that was represented by the Depart- (i) DEFINITION.—In this section, the term (B) ALLOCATION.—The funds described in ‘‘United States’’— ment of Justice in the civil matter in which subparagraph (A) shall be used to enhance, the money judgment was entered; and (1) includes— supplement, and improve the civil and crimi- (A) the executive departments, the judicial ‘‘(B) does not include interest, costs, pen- nal judgment enforcement efforts of the De- alties, or late fees.’’. and legislative branches, the military de- partment of Justice first, and primarily for partments, and independent establishments (b) TECHNICAL AND CONFORMING AMEND- such activities by United States attorneys’ of the United States; and MENT.—The table of sections for subchapter offices. A portion of the funds described in A of chapter 176 of title 28, United States (B) corporations primarily acting as in- subparagraph (A) may be used by the Attor- strumentalities or agencies of the United Code, is amended by striking the item relat- ney General to provide legal, investigative, States; and ing to section 3011 and inserting the fol- accounting, and training support to the (2) except as provided in paragraph (1), does lowing: United States attorneys’ offices in carrying not include any contractor of the United ‘‘3011. Imposition of late fee.’’. out civil and criminal debt collection activi- States. SEC. 105. INCREASE IN THE AMOUNT OF SPECIAL ties. SEC. 107. EFFECTIVE DATES. ASSESSMENTS. (C) LIMITATION.—The funds described in (a) IN GENERAL.—Except as provided in this Section 3013 of title 18, United States Code, subparagraph (A) may not be used to deter- section, this title and the amendments made is amended by striking subsection (a) and in- mine whether a defendant is guilty of an of- by this title shall take effect 30 days after serting the following: fense or liable to the United States, except the date of enactment of this Act. ‘‘(a) The court shall assess on any person incidentally for the provision of assistance (b) CRIMINAL CASES.—The amendments convicted of an offense against the United necessary or desirable in a case to ensure the made by section 105 and subsection (d) of sec- States— preservation of assets or the imposition of a tion 3612 of title 18, United States Code, as

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27815 added by section 101 of this Act, shall apply ‘‘(ii) who has previously served as an as- vidual as an assistant United States attor- to any offense committed on or after the sistant United States attorney; and ney shall— date of enactment of this Act, including any ‘‘(iii) who elects under section 202 of the (A) to the extent performed on or after the offense which includes conduct that contin- Enhanced Restitution Enforcement and Eq- effective date of that election, be treated in ued on or after the date of enactment of this uitable Retirement Treatment Act of 2009 to accordance with applicable provisions of sub- Act. be treated as an assistant United States at- chapter III of chapter 83 or chapter 84 of title (c) CIVIL CASES.—The amendments made torney and solely for the purposes of this 5, United States Code, as amended by this by section 104 shall apply to any case pend- title.’’. title; and ing on or after the date of enactment of this (2) RETIREMENT TREATMENT.—Section 8402 (B) to the extent performed before the ef- Act. of title 5, United States Code, is amended by fective date of that election, be treated in TITLE II—EQUITABLE RETIREMENT adding at the end the following: accordance with applicable provisions of sub- TREATMENT OF ASSISTANT UNITED ‘‘(h) An assistant United States attorney chapter III of chapter 83 or chapter 84 of title STATES ATTORNEYS shall be treated in the same manner and to 5, United States Code, as if the amendments SEC. 201. RETIREMENT TREATMENT OF ASSIST- the same extent as a law enforcement officer made by this title had then been in effect. ANT UNITED STATES ATTORNEYS. for purposes of this chapter, except as fol- (2) CREDITABLE SERVICE.—All service per- (a) CIVIL SERVICE RETIREMENT SYSTEM.— lows: formed by an incumbent under an appoint- (1) ASSISTANT UNITED STATES ATTORNEY DE- ‘‘(1) Section 8425(b)(1) of this title (relating ment under section 515, 541, 543, or 546 of title FINED.—Section 8331 of title 5, United States to mandatory separation) shall not apply. 28, United States Code and while concur- Code, is amended— ‘‘(2) Section 8412(d) of this title (relating to rently employed by the Department of Jus- (A) in paragraph (30), by striking ‘‘and’’ at immediate retirement at age 50 with 20 years tice shall be credited in the same manner as the end; of service as a law enforcement officer) shall if performed as an assistant United States (B) in paragraph (31), by striking the pe- apply to assistant United States attorneys attorney. riod and inserting ‘‘; and’’; and except the age for immediate retirement eli- (3) NO OTHER RETROACTIVE EFFECT.—Noth- (C) by adding at the end the following: gibility shall be 57 instead of 50.’’. ing in this title (including the amendments ‘‘(32) ‘assistant United States attorney’— (c) MANDATORY SEPARATION.—Sections made by this title) shall affect any of the ‘‘(A) means an assistant United States at- 8335(b)(1) and 8425(b)(1) of title 5, United terms or conditions of an individual’s em- torney appointed under section 542 of title States Code, are each amended by adding at ployment (apart from those governed by sub- 28; and the end the following: ‘‘This subsection shall chapter III of chapter 83 or chapter 84 of title ‘‘(B) includes an individual— not apply in the case of an assistant United 5, United States Code) with respect to any ‘‘(i) appointed United States attorney States attorney.’’. period of service preceding the date on which under section 541 or 546 of title 28; SEC. 202. PROVISIONS RELATING TO INCUM- such individual’s election under subsection ‘‘(ii) who has previously served as an as- BENTS. (c) is made (or is deemed to have been made). sistant United States attorney; and (e) INDIVIDUAL CONTRIBUTIONS FOR PRIOR (a) DEFINITIONS.—In this section— SERVICE.— ‘‘(iii) who elects under section 202 of the (1) the term ‘‘assistant United States at- (1) IN GENERAL.—An individual who makes Enhanced Restitution Enforcement and Eq- torney’’ means an assistant United States an election under subsection (c)(1)(A) shall, uitable Retirement Treatment Act of 2009 to attorney appointed under section 542 of title with respect to prior service performed by be treated as an assistant United States at- 28, United States Code; and torney and solely for the purposes of this such individual, deposit, with interest, to the (2) the term ‘‘incumbent’’ means an indi- title.’’. Civil Service Retirement and Disability vidual who, on the date of enactment of this (2) RETIREMENT TREATMENT.—Chapter 83 of Fund the difference between the individual Act— title 5, United States Code, is amended by contributions that were actually made for (A) is serving as an assistant United States adding after section 8351 the following: such service and the individual contributions attorney; that would have been made for such service ‘‘§ 8352. Assistant United States attorneys (B) is serving as a United States Attorney if the amendments made by this title had ‘‘An assistant United States attorney shall appointed under section 541 or 546 of title 28, then been in effect. be treated in the same manner and to the United States Code; or (2) EFFECT OF NOT CONTRIBUTING.—If the de- same extent as a law enforcement officer for (C) is employed by the Department of Jus- posit required under paragraph (1) is not purposes of this chapter, except as follows: tice and has served at least 10 years as an as- paid, all prior service of the incumbent shall ‘‘(1) Section 8335(b)(1) of this title (relating sistant United States attorney. remain fully creditable as law enforcement to mandatory separation) shall not apply. (b) NOTICE REQUIREMENT.—Not later than officer service, but the resulting annuity ‘‘(2) Section 8336(c)(1) of this title (relating 180 days after the date of enactment of this shall be reduced in a manner similar to that to immediate retirement at age 50 with 20 Act, the Department of Justice shall take described in section 8334(d)(2)(B) of title 5, years of service as a law enforcement officer) measures reasonably designed to provide no- United States Code. shall apply to assistant United States attor- tice to incumbents on— (3) PRIOR SERVICE DEFINED.—In this sub- neys except the age for immediate retire- (1) their election rights under this title; section, the term ‘‘prior service’’ means, ment eligibility shall be 57 instead of 50.’’. and with respect to any individual who makes an (3) TECHNICAL AND CONFORMING AMEND- (2) the effects of making or not making a election (or is deemed to have made an elec- MENTS.— timely election under this title. tion) under subsection (c)(1)(A), all service (A) TABLE OF SECTIONS.—The table of sec- (c) ELECTION AVAILABLE TO INCUMBENTS.— credited as an assistant United States attor- tions for chapter 83 of title 5, United States (1) IN GENERAL.—An incumbent may elect, Code, is amended by inserting after the item for all purposes, to be treated— ney, but not exceeding 20 years, performed relating to section 8351 the following: (A) in accordance with the amendments by such individual before the date as of ‘‘Sec. 8352. Assistant United States attor- made by this title; or which applicable retirement deductions neys.’’. (B) as if this title had never been enacted. begin to be made in accordance with such election. (2) TIME LIMITATION.—An election under (B) MANDATORY SEPARATION.—Section (f) REGULATIONS.—The Office of Personnel 8335(a) of title 5, United States Code, is this subsection shall not be effective unless Management shall prescribe regulations nec- amended by striking ‘‘8331(29)(A)’’ and in- the election is made not later than the ear- essary to carry out this title, including pro- serting ‘‘8331(30)(A)’’. lier of— visions under which any interest due on the (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- (A) 180 days after the date on which the no- amount described under subsection (e) shall TEM.— tice under subsection (b) is provided; or be determined. (1) ASSISTANT UNITED STATES ATTORNEY DE- (B) the date on which the incumbent in- SEC. 203. AGENCY SHARE CONTRIBUTIONS. FINED.—Section 8401 of title 5, United States volved separates from service. (a) IN GENERAL.—The cost for current Code, is amended— (3) FAILURE TO ELECT.—Failure to make a agency share contributions for personnel (A) in paragraph (35), by striking ‘‘and’’ at timely election under this subsection shall benefits incurred as a result of this Act or the end; be deemed— the amendments made by this Act may be (B) in paragraph (36), by striking the pe- (A) for an assistant United States attor- paid from the Enhanced Financial Recovery riod and inserting ‘‘; and’’; and ney, as an election under paragraph (1)(A); Fund. If in any fiscal year the Fund does not (C) by adding at the end the following: and have a sufficient amount on deposit to sat- ‘‘(37) ‘assistant United States attorney’— (B) for any other incumbent, as an election isfy the cost for current agency share con- ‘‘(A) means an assistant United States at- under paragraph (1)(B). tributions for personnel benefits incurred as torney appointed under section 542 of title (d) LIMITED RETROACTIVE EFFECT.— a result of this Act or the amendments made 28; and (1) EFFECT ON RETIREMENT.—In the case of by this Act, the amount of the insufficiency ‘‘(B) includes an individual— an incumbent who elects (or is deemed to shall be due the next fiscal year. ‘‘(i) appointed United States attorney have elected) the option under subsection (b) RETROACTIVE AGENCY SHARE.—The cost under section 541 or 546 of title 28; (c)(1)(A), all service performed by that indi- for retroactive agency share contributions

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27816 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 for personnel benefits incurred as a result of As my colleagues surely know, over arships to outstanding undergraduate this Act or the amendments made by this the next several years the Federal and graduate students pursuing fields Act may be paid from the Enhanced Finan- workforce will experience an unprece- of study identified by Federal agencies cial Recovery Fund. Notwithstanding section 8348(f) or section 8423(b) of title 5, United dented demographic transition. By De- as mission-critical. In return for tui- States Code, an amount equal to the amount cember 2012, 250,000 Federal employees tion support and a small stipend, se- remaining in the Enhanced Financial Recov- are expected to retire. To maintain lected students—dubbed Roosevelt ery Fund in any fiscal year, after the current staff levels amidst the impend- Scholars—would be required to engage amounts credited to the Fund have been ex- ing wave of Baby Boomer retirements, in 3 to 5 years of service with a Federal pended to satisfy the requirements of sub- and to cope with the increasing work- agency in need of an individual with a sections (d) and (e) of section 106 of this Act, load being placed on civil servants by Roosevelt Scholar’s unique skill set. shall be credited toward the cost for retro- active agency share contributions for per- Congress and the administration, more Scholarships would be provided sonnel benefits incurred as a result of this than 600,000 positions will need to be through the Theodore Roosevelt Memo- Act or the amendments made by this Act filled over this time period. rial Scholarship Trust Fund, whose en- until such cost, along with accumulated in- This hiring challenge will be particu- dowment would eventually provide a terest, has been satisfied in full. larly significant for those positions self-sustaining funding mechanism for (c) USE OF FUNDS.—Funds appropriated for designated by Federal agencies as Roosevelt Scholarships. the Department of Justice shall not be used I am pleased to be joined in offering to pay for the additional cost for current or ‘‘mission-critical,’’ or necessary for retroactive agency share contributions for carrying out basic agency responsibil- this legislation by enthusiastic part- personnel benefits incurred as a result of this ities. In its recently released survey of ners. Senator GILLIBRAND is a strong Act or the amendments made by this Act ex- the coming hiring challenge, Where the supporter of encouraging Americans to cept as directed by the Attorney General. Jobs Are, the Partnership for Public pursue careers in public service, and I SEC. 204. EFFECTIVE DATE. Service estimates that 273,000 new pub- am thankful for her diligent work in (a) IN GENERAL.—This title shall take ef- lic servants—from doctors to intel- advancing this legislation. Likewise, fect on the date of enactment of this Act. Senator KAUFMAN has demonstrated (b) INCUMBENTS.—In the case of an incum- ligence analysts, program managers to bent who elects (or is deemed to have elect- police officers—will need to be brought his strong support of our Nation’s civil ed) the option under section 202(c)(1)(A) of on board to maintain current staffing servants by his frequent appearances this title, the election shall not take effect levels, a 40 percent increase from the on the floor of this chamber to recog- until 24 months after the date of enactment previous 3-year period. nize the accomplishments of out- of this Act, except as follows: Successfully meeting this human standing Federal employees. And on (1) An incumbent with at least 30 years of capital challenge will require a sus- the other side of the Capitol Rotunda, service as an assistant United States attor- Representatives DAVID PRICE and MI- ney may choose to have the election take ef- tained, multi-pronged effort addressing fect at any time between 6 and 24 months a host of issues. The Federal hiring CHAEL CASTLE are already hard at work after the date of enactment of this Act. process needs streamlining, improve- promoting this important legislation. (2) An incumbent with at least 25 years of ments must continue in the processing The higher education community has service credited as an assistant United of security clearances, and agencies been quick to see the promise offered States attorney may choose to have the elec- will need to approach future hiring de- by the Roosevelt Scholars Act. More tion take effect at any time between 12 and cisions in a strategic fashion rather than 100 public and private universities 24 months after the enactment of this Act; have endorsed this legislation, and the (3) An incumbent with at least 20 years of than a tactical, reactive one. service credited as an assistant United No matter how effectively the Fed- list continues to grow. States attorney may, with the approval of eral hiring process is planned for and I will be the first to tell my col- the Attorney General, choose to have the managed, however, an effective work- leagues that problems as daunting as election take effect at any time between 6 force cannot be built in the absence of those facing the Federal workforce are and 24 months after the date of enactment of talented individuals willing to pursue not solved overnight. I have learned this Act; and careers in public service. The need for from 18 years as a public executive— (4) An incumbent with at least 20 years well-qualified young people with aspi- first as mayor of Cleveland, then as service credited as an assistant United rations to careers in public service is Governor of Ohio—that progress on States attorney and who is currently serving such challenges is made incrementally. under an appointment under section 541 or particularly important for mission- 546 of title 28, United States Code, may critical occupations, which tend to re- Opportunities offered by legislation choose to have the election take effect at quire highly specialized skill sets that like the Roosevelt Scholars Act are im- any time between the enactment of this Act too often are in short supply. portant components in a larger strat- and 24 months after the date of enactment of At the same time, the average debt egy. this Act. load undergraduate and graduate stu- I urge my colleagues to join in co- dents must bear to finance their edu- sponsoring the Roosevelt Scholars Act, By Mr. VOINOVICH (for himself, cation continues to increase. As a re- and look forward to working with my Mrs. GILLIBRAND, and Mr. sult, many young Americans who colleagues in the House and Senate to KAUFMAN): provide young people the opportunity S. 2789. A bill to establish a scholar- would otherwise be eager to join the civil service are prevented from doing to pursue a career in public service as ship program to encourage outstanding Roosevelt Scholars. undergraduate and graduate students so. in mission-critical fields to pursue a In an effort to help established a tal- f career in the Federal Government; to ent pipeline for such mission-critical AMENDMENTS SUBMITTED AND the Committee on Finance. positions, today I join with the distin- PROPOSED guished Senator from New York, Sen- Mr. VOINOVICH. Mr. President, since SA 2784. Mr. VITTER submitted an amend- ator GILLIBRAND, and the distinguished arriving in the Senate in 1999, I have ment intended to be proposed by him to the made improving the Federal workforce Senator from Delaware, Senator KAUF- bill H.R. 3082, making appropriations for a priority. In that time, I have served MAN, to introduce legislation aimed at military construction, the Department of as both chairman and ranking member encouraging and enabling young people Veterans Affairs, and related agencies for of the Subcommittee on Oversight of with valuable, mission-critical skills to the fiscal year ending September 30, 2010, and Government Management, the Federal pursue careers in public service. for other purposes; which was ordered to lie Workforce, and the District of Colum- The Roosevelt Scholars Act of 2009 on the table. bia, and have participated in many would establish a foundation named in SA 2785. Mr. COBURN submitted an honor of our 26th President and a prin- amendment intended to be proposed by him hearings to examine the personnel to the bill S. 1963, to amend title 38, United needs of the Federal Government. In cipal architect of the modern civil States Code, to provide assistance to care- fact, I recently attended my 52nd hear- service, Theodore Roosevelt. The Theo- givers of veterans, to improve the provision ing examining Federal human capital dore Roosevelt Scholarship Foundation of health care to veterans, and for other pur- issues. would be charged with awarding schol- poses; which was ordered to lie on the table.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 27817 TEXT OF AMENDMENTS 2009, at 10 a.m., in room SD–366 of the ized to meet during the session of the SA 2784. Mr. VITTER submitted an Dirksen Senate Office Building. Senate on November 17, 2009, at 2:15 amendment intended to be proposed by The purpose of this hearing is to re- p.m. him to the bill H.R. 3082, making ap- ceive testimony on policy options for The PRESIDING OFFICER. Without propriations for military construction, reducing greenhouse gas emissions. objection, it is so ordered. the Department of Veterans Affairs, Because of the limited time available COMMITTEE ON FOREIGN RELATIONS and related agencies for the fiscal year for the hearing, witnesses may testify Ms. MIKULSKI. Mr. President, I ask ending September 30, 2010, and for by invitation only. However, those unanimous consent that the Com- other purposes; which was ordered to wishing to submit written testimony mittee on Foreign Relations be author- lie on the table; as follows: for the hearing record may do so by ized to meet during the session of the At the appropriate place, insert the fol- sending it to the Committee on Energy Senate on November 17, 2009, at 3 p.m., lowing: and Natural Resources, United States to hold a hearing entitled ‘‘The U.S. SEC. lll. At the discretion of the Attor- Senate, Washington, D.C. 20510–6150, or and the G–20: Remaking the Inter- ney General, funds appropriated under the by e-mail to national Economic Architecture.’’ heading ‘‘Byrne Discretionary grants’’ under [email protected] The PRESIDING OFFICER. Without funding for the Department of Justice in the For further information, please con- objection, it is so ordered. Commerce, Justice, Science, and Related tact Jonathan Black at (202) 224–6722 or COMMITTEE ON HOMELAND SECURITY AND Agencies Appropriations Act, 2009 (Public Gina Weinstock at (202) 224–5684. GOVERNMENTAL AFFAIRS Law 111-8) to the Louisiana District Attor- Ms. MIKULSKI. Mr. President, I ask ney’s Association for the purpose to support f an early intervention program for at-risk el- unanimous consent that the Com- ementary students may be available to the AUTHORITY FOR COMMITTEES TO mittee on Homeland Security and Gov- University of Louisiana-Lafayette for the MEET ernmental Affairs be authorized to same purpose. COMMITTEE ON AGRICULTURE, NUTRITION, AND meet during the session of the Senate FORESTRY on November 17, 2009, at 2:30 p.m., to SA 2785. Mr. COBURN submitted an Ms. MIKULSKI. Mr. President, I ask conduct a hearing entitled ‘‘H1N1 Flu: amendment intended to be proposed by unanimous consent that the Com- Getting the Vaccine to Where It Is him to the bill S. 1963, to amend title mittee on Agriculture, Nutrition, and Most Needed.’’ 38, United States Code, to provide as- Forestry be authorized to meet during The PRESIDING OFFICER. Without sistance to caregivers of veterans, to the session of the Senate on November objection, it is so ordered. improve the provision of health care to 17, 2009, at 10:30 a.m., in room 562 of the SELECT COMMITTEE ON INTELLIGENCE veterans, and for other purposes; which Russell Senate Office Building. Ms. MIKULSKI. Mr. President, I ask was ordered to lie on the table; as fol- The PRESIDING OFFICER. Without unanimous consent that the Select lows: objection, it is so ordered. Committee on Intelligence be author- On page 177, after line 10, add the fol- COMMITTEE ON BANKING, HOUSING, AND URBAN ized to meet during the session of the lowing: AFFAIRS Senate on November 17, 2009, at 2:30 SEC. 1003. REQUIREMENT TO TRANSFER FUND- p.m. ING FOR UNITED NATIONS CON- Ms. MIKULSKI. Mr. President, I ask TRIBUTIONS TO OFFSET COSTS OF unanimous consent that the Com- The PRESIDING OFFICER. Without PROVIDING ASSISTANCE TO FAMILY mittee on Banking, Housing, and objection, it is so ordered. CAREGIVERS OF DISABLED VET- Urban Affairs be authorized to meet SUBCOMMITTEE ON AFRICAN AFFAIRS ERANS. Ms. MIKULSKI. Mr. President, I ask The Secretary of State shall transfer to during the session of the Senate on No- the Secretary of Veterans Affairs, out of vember 17, 2009, at 3 p.m., to conduct a unanimous consent that the Com- amounts appropriated or otherwise made hearing entitled ‘‘Protecting Con- mittee on Foreign Relations be author- available in a fiscal year for ‘‘Contributions sumers From Abusive Overdraft Fees: ized to meet during the session of the to International Organizations’’ and ‘‘Con- The Fairness and Accountability in Re- Senate on November 17, 2009, at 10:30 tributions for International Peacekeeping ceiving Overdraft Coverage Act.’’ a.m., to hold a Subcommittee on Afri- Activities’’, such sums as the Secretaries The PRESIDING OFFICER. Without can Affairs hearing entitled ‘‘Counter- jointly determine are necessary to carry out objection, it is so ordered. terrorism in the Trans-Sahel: Exam- the provisions of this Act and the amend- ining U.S. Strategy.’’ ments made by this Act. COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION The PRESIDING OFFICER. Without SEC. 1004. MODIFICATION OF ELIGIBILITY FOR objection, it is so ordered. FAMILY CAREGIVER ASSISTANCE. Ms. MIKULSKI. Mr. President, I ask (a) LIMITATION.—Section 1717A(b), as added unanimous consent that the Com- SUBCOMMITTEE ON TERRORISM AND HOMELAND by section 102 of this Act, is amended— mittee on Commerce, Science, and SECURITY (1) in paragraph (1), by striking ‘‘and’’ at Transportation be authorized to meet Ms. MIKULSKI. Mr. President, I ask the end; during the session of the Senate on No- unanimous consent that the Com- (2) in paragraph (2)(C), by striking the pe- vember 17, 2009, at 2:30 p.m., in room mittee on the Judiciary, Sub Com- riod at the end and inserting ‘‘; and’’; and mittee on Terrorism and Homeland Se- (3) by adding at the end the following new 253 of the Russell Senate Office Build- ing. curity, be authorized to meet during paragraph: the session of the Senate, on November ‘‘(3) who, in the absence of personal care The PRESIDING OFFICER. Without services, would require hospitalization, nurs- objection, it is so ordered. 17, 2009, at 10 a.m. in room SD–226 of the Dirksen Senate Office Building, to ing home care, or other residential care.’’. COMMITTEE ON ENERGY AND NATURAL conduct a hearing entitled ‘‘Cybersecu- (b) EXPANSION.—Such section 1717A(b) is RESOURCES further amended, in paragraph (1), by strik- rity: Preventing Terrorist Attacks and Ms. MIKULSKI. Mr. President, I ask ing ‘‘on or after September 11, 2001’’. Protecting Privacy in Cyberspace.’’ unanimous consent that the Com- The PRESIDING OFFICER. Without f mittee on Energy and Natural Re- objection, it is so ordered. NOTICE OF HEARING sources be authorized to meet during f COMMITTEE ON ENERGY AND NATURAL the session of the Senate on November RESOURCES 17, 2009, at 10 a.m., in room SD–366 of PRIVILEGES OF THE FLOOR Mr. BINGAMAN. Mr. President, I the Dirksen Senate Office Building. Mr. MERKLEY. Mr. President, I ask would like to announce for the infor- The PRESIDING OFFICER. Without unanimous consent that a member of mation of the Senate and the public objection, it is so ordered. my team, Jeanne Atkins, be granted that a hearing has been rescheduled be- COMMITTEE ON FOREIGN RELATIONS the privileges of the floor for the dura- fore the Senate Committee on Energy Ms. MIKULSKI. Mr. President, I ask tion of the day. and Natural Resources. The hearing unanimous consent that the Com- The PRESIDING OFFICER. Without will be held on Wednesday, December 2, mittee on Foreign Relations be author- objection, it is so ordered.

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27818 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 20 November 17, 2009 APPOINTMENT ADJOURNMENT UNTIL 9:30 A.M. OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TOMORROW The PRESIDING OFFICER. The To be brigadier general Chair, on behalf of the majority leader, Mrs. MURRAY. Mr. President, if COL. FRANK J. SULLIVAN in consultation with the Republican there is no further business to come be- leader, pursuant to Public Law 95–277, fore the Senate, I ask unanimous con- IN THE NAVY as amended by Public Law 102–246, ap- sent that it adjourn under the previous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED points the following individuals as order. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND members of the Library of Congress There being no objection, the Senate, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Trust Fund Board for 5-year terms: at 6:24 p.m., adjourned until Wednes- To be vice admiral Elaine Wynn of Nevada, vice Bernard day, November 18, 2009, at 9:30 a.m. REAR ADM. WILLIAM R. BURKE Rapoport, and Tom Girardi of Cali- f IN THE AIR FORCE fornia, vice Leo Hindery. NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE RESERVE OF THE AIR f Executive nominations received by FORCE UNDER TITLE 10, U.S.C., SECTION 12203(A): the Senate: To be colonel ORDERS FOR WEDNESDAY, FEDERAL TRADE COMMISSION NOVEMBER 18, 2009 ELISHA T. POWELL IV JULIE SIMONE BRILL, OF VERMONT, TO BE A FEDERAL Mrs. MURRAY. Mr. President, I ask TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS IN THE ARMY FROM SEPTEMBER 26, 2009, VICE PAMELA HARBOUR, unanimous consent that when the Sen- TERM EXPIRED. THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE ate completes its business today, it ad- EDITH RAMIREZ, OF CALIFORNIA, TO BE A FEDERAL INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS 10, U.S.C., SECTION 12203: journ until 9:30 a.m., Wednesday, No- FROM SEPTEMBER 26, 2008, VICE DEBORAH P. MAJORAS, To be colonel vember 18; that following the prayer TERM EXPIRED. and pledge, the Journal of proceedings APPALACHIAN REGIONAL COMMISSION SCOTT E. MCNEIL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT be approved to date, the morning hour EARL F. GOHL, JR., OF THE DISTRICT OF COLUMBIA, TO TO THE GRADE INDICATED IN THE RESERVE OF THE BE FEDERAL COCHAIRMAN OF THE APPALACHIAN RE- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: be deemed expired, the time for the two GIONAL COMMISSION, VICE ANNE B. POPE, RESIGNED. leaders be reserved for their use later DEPARTMENT OF STATE To be colonel in the day, and the Senate proceed to a SCOTT H. DELISI, OF MINNESOTA, A CAREER MEMBER SCOTT E. ZIPPRICH period of morning business, with Sen- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND TO THE GRADE INDICATED IN THE RESERVE OF THE ators permitted to speak for up to 10 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: minutes each, and that Senator ROCKE- TO THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL. To be colonel FELLER BEATRICE WILKINSON WELTERS, OF VIRGINIA, TO BE be recognized to speak; that AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY MARY B. MCQUARY following his remarks, there be a pe- OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF TRINIDAD AND TOBAGO. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF riod of morning business for 2 hours, THE UNITED STATES OFFICERS FOR APPOINTMENT TO with the time equally divided and con- FOREIGN SERVICE THE GRADE INDICATED IN THE RESERVE OF THE ARMY trolled between the two leaders or THE FOLLOWING-NAMED CAREER MEMBERS OF THE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- To be colonel their designees, with the majority con- RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- trolling the first hour and the Repub- IOR FOREIGN SERVICE TO THE CLASSES INDICATED: CA- MARVIN R. MANIBUSAN REER MEMBER OF THE SENIOR FOREIGN SERVICE, BRENDA F. MASON licans controlling the next hour; that CLASS OF CAREER MINISTER: FRANCISCO J. NEUMAN following morning business, the Senate SUZANNE E. HEINEN, OF MICHIGAN THE FOLLOWING NAMED ARMY NATIONAL GUARD OF proceed to executive session and re- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, THE UNITED STATES OFFICERS FOR APPOINTMENT TO CLASS OF MINISTER-COUNSELOR: THE GRADE INDICATED IN THE RESERVE OF THE ARMY sume consideration of the nomination UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: of David Hamilton to be U.S. circuit HOLLY S. HIGGINS, OF IOWA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, To be colonel judge for the Seventh Circuit. Finally, CLASS OF COUNSELOR: PATRICK S. CALLENDER I ask that the postcloture time count BERNADETTE BORRIS, OF NEW JERSEY JEFFREY A. MORTON during any adjournment, recess, or pe- IN THE COAST GUARD JOEL M. PULL STEVEN L. SHUGART riod of morning business. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES The PRESIDING OFFICER. Without TO THE GRADE INDICATED IN THE RESERVE OF THE COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION ARMY UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. 12203(A) To be captain To be colonel f ANDREW G. LISKE MICHAEL A. BENNETT BERNARD J. BERCIK PROGRAM IN THE AIR FORCE JOSEPH N. CROSSWHITE ROBERTO D. DIBELLA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGORY C. FEWER Mrs. MURRAY. Mr. President, to- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THOMAS A. GAUZA morrow the Senate will resume the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE STEVEN P. HESTER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WILLIAM R. HINTZE postcloture debate time on the Ham- 601: ilton nomination. If all time is used, PATRICK A. KEEN To be lieutenant general JEFFREY D. RAEBER the Senate would vote on confirmation RONALD D. RALLIS of the nomination around 11 p.m. to- MAJ. GEN. JANET C. WOLFENBARGER PETER B. RIES THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED GARY M. SALADINO morrow. STATES OFFICER FOR APPOINTMENT IN THE RESERVE KEVIN M. WALKER

VerDate Mar 15 2010 15:34 May 25, 2012 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 9801 E:\BR09\S17NO9.001 S17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27819 HOUSE OF REPRESENTATIVES—Tuesday, November 17, 2009

The House met at 10:30 a.m. and was means to end hunger, a country where gardless of income, will receive a qual- called to order by the Speaker pro tem- we have the food readily available, we ity, nutritious breakfast and lunch. We pore (Mr. DRIEHAUS). continue to allow 49 million people to know that children learn better and de- f be hungry in this country. And if that velop properly when they eat nutri- weren’t bad enough, food insecurity is tious meals. Unfortunately, many chil- DESIGNATION OF SPEAKER PRO likely to get worse, not better, next dren don’t have access to nutritious TEMPORE year. meals either at home or at school. We The SPEAKER pro tempore laid be- Mr. Speaker, this report also found provide textbooks for all children. Why fore the House the following commu- that 17 million children, more than one shouldn’t we provide at least two nu- nication from the Speaker: in five, went without food at some tritious meals too? WASHINGTON, DC, point during the year. That’s an in- Now is the time for us to refocus our November 17, 2009. crease of 5 million children over the energy on ending hunger once and for I hereby appoint the Honorable STEVE previous year. Even worse, the number all, and it will require Presidential DRIEHAUS to act as Speaker pro tempore on of children living in very low food inse- leadership. I introduced legislation this day. cure households—the hungriest of the calling for a White House Conference NANCY PELOSI, hungry—rose from 323,000 in 2007 to Speaker of the House of Representatives. on Food and Nutrition. I will be work- 506,000 in 2008. That means that almost ing with Speaker PELOSI, Chairman f 2 million children are among the PETERSON and Chairman MILLER to hungriest of the hungry in America. MORNING-HOUR DEBATE pass this important legislation, and I Race and gender are also factors. encourage my colleagues to cosponsor The SPEAKER pro tempore. Pursu- About 37 percent of single mothers H.R. 2297. ant to the order of the House of Janu- struggled for food in 2008. And more Mr. Speaker, we may not be able to ary 6, 2009, the Chair will now recog- disturbing, more than one in seven said end all war and disease in our life- nize Members from lists submitted by that someone in their household had times, but we can end hunger if we the majority and minority leaders for been hungry. The report found that Af- muster the political will to do so. This morning-hour debate. rican Americans and Hispanics were report should be a rallying point report The Chair will alternate recognition more than twice as likely as whites to for Congress and the administration. between the parties, with each party report food insecurity at home. While this Congress focuses on the Na- limited to 30 minutes and each Mem- Mr. Speaker, we can do better. We tion’s economic recovery and job cre- ber, other than the majority and mi- must do better. I want to thank Presi- ation, we must not forget about those nority leaders and the minority whip, dent Obama and Secretary Vilsack for who are going without food. Let’s com- limited to 5 minutes. their dedication to combating hunger mit ourselves once and for all to ending in America. Secretary Vilsack person- f hunger as we know it in America. ally released this report yesterday, and HOUSEHOLD FOOD SECURITY IN President Obama released a statement, I would like to insert into the THE UNITED STATES two actions that the previous adminis- RECORD the statement by President The SPEAKER pro tempore. The tration declined to make. I don’t say Obama and news articles from The New Chair recognizes the gentleman from this to place blame, but rather to say York Times and Washington Post on Massachusetts (Mr. MCGOVERN) for 5 that admitting there is a problem is the release of this report. minutes. the first step towards addressing that THE WHITE HOUSE, Mr. MCGOVERN. Mr. Speaker, yes- problem. President Obama has com- OFFICE OF THE PRESS SECRETARY, terday the U.S. Department of Agri- mitted his administration to ending Washington, DC, November 16, 2009. culture released the annual Household child hunger by 2015. That’s something STATEMENT BY THE PRESIDENT ON THE RE- Food Security in the United States re- we can and should do. Continuing to LEASE OF THE ANNUAL HOUSEHOLD FOOD SE- port for 2008. The findings of this re- raise awareness of this issue is critical, CURITY REPORT port are nothing short of alarming and no matter how bad the statistics may As American families prepare to gather for frightening. This report found the be. Thanksgiving, we received an unsettling re- highest level of food insecurity since Mr. Speaker, we are fortunate to port from the U.S. Department of Agri- the study began in 1995. While just over have in place a safety net system that culture that found that hunger rose signifi- 85 percent of U.S. households were food prevents more people from going with- cantly last year. This trend was already painfully clear in many communities across secure in 2008, the bad news, the fright- out food. Undoubtedly, even more our nation, where food stamp applications ening news, is that 14.6 percent, 17 mil- Americans would go hungry if it are surging and food pantry shelves are lion households, were food insecure in weren’t for SNAP—formerly known as emptying. 2008. This means that at some point food stamps—WIC, school and summer It is particularly troubling that there were during 2008, these households ‘‘had dif- meals, and the other Federal anti-hun- more than 500,000 families in which a child ficulty providing enough food for all ger programs. experienced hunger multiple times over the their members due to a lack of re- Later this week, I will be introducing course of the year. Our children’s ability to sources.’’ legislation that will expand these pro- grow, learn, and meet their full potential— According to the USDA, over 49 mil- grams to better combat hunger in the and therefore our future competitiveness as lion people lived in those 17 million United States. The End Childhood Hun- a nation—depends on regular access to healthy meals. households. In other words, Mr. Speak- ger by 2015 Act will not only expand er, according to this report, 49 million the purchasing power of SNAP, but it My Administration is committed to revers- ing the trend of rising hunger. The first task Americans went hungry in 2008. We will increase the number of people who is to restore job growth, which will help re- should be ashamed of ourselves. In the are eligible for these Federal anti-hun- lieve the economic pressures that make it richest, most prosperous nation in the ger programs. For example, under this difficult for parents to put a square meal on world, a country where we have the bill, every child who goes to school, re- the table each day. But we are also taking

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.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27820 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 targeted steps to prevent Americans from ex- The food stamp rolls have expanded to The data show that dependable access to periencing hunger. Earlier this year, we ex- record levels, with 36 million Americans now adequate food has especially deteriorated tended help to those hit hardest by this eco- collecting aid, an increase of nearly 4o per- among families with children. In 2008, nearly nomic downturn by boosting SNAP benefits. cent from two years ago. And the American 17 million children, or 22.5 percent, lived in And Secretary Vilsack is working hard to Recovery and Reinvestment Act, passed last households in which food at times was make sure eligible families are able to access winter, raised the average monthly food scarce—4 million children more than the those benefits as well as the School Lunch stamp benefit per person by about 17 percent, year before. And the number of youngsters and Breakfast Program. In addition, a bill I to $133. Many states have made it easier for who sometimes were outright hungry rose signed into law last month invests $85 mil- those eligible to apply, but rising applica- from nearly 700,000 to almost 1.1 million. lion in new strategies to prevent children tions and staffing cuts have also brought Among Americans of all ages, more than 16 from experiencing hunger in the summer. long delays. percent—or 49 million people—sometimes Hunger is a problem that we can solve to- Problems gaining access to food were high- ran short of nutritious food, compared with gether, and I look forward to working with est in households with children headed by about 12 percent the year before. The dete- Congress to pass a strong child nutrition bill single mothers. About 37 percent of them re- rioration in access to food during 2008 among that will help children get the healthy meals ported some form of food insecurity com- both children and adults far eclipses that of they need to grow and succeed—and help pared with 14 percent of married households any other single year in the report’s history. keep America competitive in the decades to with children. About 29 percent of Hispanic Around the Washington area, the data come. households reported food insecurity, com- show, the extent of food shortages varies sig- The full USDA Household Food Security pared with 27 percent of black households nificantly. In the past three years, an aver- report can be viewed here: www.ers.usda.gov/ and 12 percent of white households. Serious age of 12.4 percent of households in the Dis- features/householdfoodsecurity/ problems were most prevalent in the South, trict had at least some problems getting followed equally by the West and Midwest. enough food, slightly worse than the na- [From the New York Times, Nov. 17, 2009] Some conservatives have attacked the sur- tional average. In Maryland, the average was HUNGER IN U.S. AT A 14-YEAR HIGH vey’s methodology, saying it is hard to de- 9.6 percent, and in Virginia it was 8.6 per- (By Jason DeParle) fine what it measures. The 18–item question- cent. naire asks about skipped meals and hunger The local and national findings are from a WASHINGTON—The number of Americans pangs, but also whether people had worries snapshot of food in the United States that who lived in households that lacked con- about getting food. It ranks the severity of the Agriculture Department has issued every sistent access to adequate food soared last their condition by the number of answers year since 1995, based on Census Bureau sur- year, to 49 million, the highest since the gov- that indicate a problem. veys. It documents Americans who lack a de- ernment began tracking what it calls ‘‘food ‘‘Very few of these people are hungry,’’ pendable supply of adequate food—people liv- insecurity’’ 14 years ago, the Department of said Robert Rector, an analyst at the con- ing with some amount of ‘‘food insecurity’’ Agriculture reported Monday. servative Heritage Foundation. ‘‘When they The increase, of 13 million Americans, was in the lexicon of experts—and those whose lose jobs, they constrain the kind of food food shortages are so severe that they are much larger than even the most pessimistic they buy. That is regrettable, but it’s a far observers of hunger trends had expected and hunger. The new report is based on a survey cry from a hunger crisis.’’ conducted in December. cast an alarming light on the daily hardships The report measures the number of house- caused by the recession’s punishing effect on Several independent advocates and policy holds that experienced problems at any point experts on hunger said that they had been jobs and wages. in the year. Only a ‘‘small fraction’’ were About a third of these struggling house- bracing for the latest report to show deep- facing the problem at a given moment. ening shortages, but that they were never- holds had what the researchers called ‘‘very Among those with ‘‘very low food security,’’ low food security,’’ meaning lack of money theless astonished by how much the problem for instance, most experienced the condition has worsened. ‘‘This is unthinkable. It’s like forced members to skip meals, cut portions for several days in each of seven or eight or otherwise forgo food at some point in the we are living in a Third World country,’’ said months. Vicki Escarra, president of Feeding America, year. James Weill, the director of the food cen- The other two-thirds typically had enough the largest organization representing food ter that pioneered the report, called it a banks and other emergency food sources. to eat, but only by eating cheaper or less careful look at an underappreciated condi- varied foods, relying on government aid like ‘‘It’s frankly just deeply upsetting,’’ said tion. ‘‘Many people are outright hungry, James D. Weill, president of the Washington- food stamps, or visiting food pantries and skipping meals,’’ he said. ‘‘Others say they soup kitchens. based Food and Action Center. As the econ- have enough to eat but only because they’re omy eroded, Weill said, ‘‘you had more and ‘‘These numbers are a wake-up call for the going to food pantries or using food stamps. country,’’ said Agriculture Secretary Tom more people getting pushed closer to the We describe it as ‘households struggling with cliffs edge. Then this huge storm came along Vilsack. hunger.’ ’’ One figure that drew officials’ attention and pushed them over.’’ Obama, who pledged during last year’s was the number of households, 506,000, in [From The Washington Post, Nov. 17, 2009] which children faced ‘‘very low food secu- presidential campaign to eliminate hunger AMERICA’S ECONOMIC PAIN BRINGS HUNGER rity’’: up from 323,000 the previous year. among children by 2015, reiterated that goal PANGS President Obama, who has pledged to end on Monday. ‘‘My Administration is com- childhood hunger by 2015, released a state- (By Amy Goldstein) mitted to reversing the trend of rising hun- ment while traveling in Asia that called the The nation’s economic crisis has cata- ger,’’ the president said in a statement. The finding ‘‘particularly troubling.’’ pulted the number of Americans who lack solution begins with job creation, Obama The ungainly phrase ‘‘food insecurity’’ enough food to the highest level since the said. And he ticked off steps that Congress stems from years of political and academic government has been keeping track, accord- and the administration have taken, or are wrangling over how to measure adequate ac- ing to a new federal report, which shows that planning, including increases in food stamp cess to food. In the 1980s, when officials of nearly 50 million people—including almost benefits and $85 million Congress just freed the Reagan administration denied there was one child in four—struggled last year to get up through an appropriations bill to experi- hunger in the United States, the Food Re- enough to eat. ment with feeding more children during the search and Action Center, a Washington ad- At a time when rising poverty, widespread summer, when subsidized school breakfasts vocacy group, began a survey that concluded unemployment and other effects of the reces- and lunches are unavailable. otherwise. Over time, Congress had the Agri- sion have been well documented, the report In a briefing for reporters, Agriculture Sec- culture Department oversee a similar sur- released Monday by the U.S. Department of retary Tom Vilsack said, ‘‘These numbers vey, which the Census Bureau administers. Agriculture provides the government’s first are a wake-up call . . . for us to get very se- Though researchers at the Agriculture De- detailed portrait of the toll that the fal- rious about food security and hunger, about partment do not use the word ‘‘hunger,’’ Mr. tering economy has taken on Americans’ ac- nutrition and food safety in this country.’’ Obama did. ‘‘Hunger rose significantly last cess to food. Vilsack attributed the marked worsening year,’’ he said. The magnitude of the increase in food in Americans’ access to food primarily to the Analysts said the main reason for the shortages—and, in some cases, outright hun- rise in unemployment, which now exceeds 10 growth was the rise in the unemployment ger—identified in the report startled even percent, and in people who are under- rate, to 7.2 percent at the end of 2008 from 4.9 the nation’s leading anti-poverty advocates, employed. He acknowledged that ‘‘there percent a year earlier. And since it now who have grown accustomed to longer lines could be additional increases’’ in the 2009 fig- stands at 10.2 percent, the survey might in lately at food banks and soup kitchens. The ures, due out a year from now, although he fact understate the number of Americans findings also intensify pressure on the White said it is not yet clear how much the prob- struggling to get adequate food. House to fulfill a pledge to stamp out child- lem might be eased by the measures the ad- Rising food prices, too, might have played hood hunger made by President Obama, who ministration and Congress have taken this a role. called the report ‘‘unsettling.’’ year to stimulate the economy.

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A post office may the problem lies at least partly in wages, not The millions of Americans who entirely an absence of work. seem mundane and trivial to some, but watched The Oprah Winfrey Show saw The report suggests that federal food as- to the family of that fallen hero and the tragic case and its consequences. sistance programs are only partly fulfilling community, it’s very important indeed, They should ask themselves why their their purpose, although Vilsack said that as it is to all Americans who honor and Senators are not speaking out, why the shortages would be much worse without respect that sacrifice. There is a reason other body is not passing this simple them. Just more than half of the people sur- for these items, low cost but high im- bill that can have such significant con- veyed who reported they had food shortages pact. Then there are vast numbers of said that they had, in the previous month, sequences. It may not change the issues that are sort of in between. Ani- world, but if it prevents just a few participated in one of the government’s larg- mal welfare is often put in that cat- est anti-hunger and nutrition programs: food cases like this, it will be another exam- stamps, subsidized school lunches or WIC, egory, seemingly at times unimportant ple of simple legislation that we cannot the nutrition program for women with babies or trivial, tangential—except, of afford not to pass. or young children. course, when it has a devastating im- pact on human health, safety and envi- Last year, people in 4.8 million households f used private food pantries, compared with 3.9 ronmental balance. million in 2007, while people in about 625,000 I was recently touring the Everglades households resorted to soup kitchens, nearly with my colleague DEBBIE WASSERMAN SUPPORT FOR THE AFFORDABLE 90,000 more than the year before. SCHULTZ. Part of the briefing materials HEALTH CARE FOR AMERICA ACT Food shortages, the report shows, are par- dealt with the problem of up to 100,000 ticularly pronounced among women raising The SPEAKER pro tempore. The children alone. Last year, more than one in pythons that started out as pets or ex- Chair recognizes the gentleman from three single mothers reported that they otic curiosities and ended up in that Virginia (Mr. CONNOLLY) for 5 minutes. struggled for food, and more than one in environment. Pets, farm animals, even Mr. CONNOLLY of Virginia. I rise seven said that someone in their home had whole alligators have been attacked today to commend those who have en- been hungry—far eclipsing the food problem and ingested. Earlier this summer, an deavored to improve the provision of in any other kind of household. The report infant in its crib was strangled by a quality, affordable health care for all also found that people who are black or His- python. Too expensive? Secondary? Americans and to refute those who use panic were more than twice as likely as What’s the price of that baby’s life? scare tactics to derail essential health whites to report that food in their home was And how much are we going to try to scarce. insurance reform. In the survey used to measure food short- spend to reclaim the Everglade habitat During the more than 12 hours of de- ages, people were considered to have food in- from tens of thousands of pythons that bate on the House floor on November 7, security if they answered ‘‘yes’’ to several of have been described as the most lethal we heard a number of speeches from a series of questions. Among the questions killing machine ever? some forecasting various doom and were whether, in the past year, their food Earlier this year, I had legislation gloom scenarios. Some of the material sometimes ran out before they had money to that overwhelmingly passed this House buy more, whether they could not afford to focused more on scaring the American to ban the interstate transport of pri- public than on presenting actual facts. eat nutritionally balanced meals, and wheth- mates. It had been derided by one of We heard preposterous stories of death er adults in the family sometimes cut the my colleagues as a ‘‘monkey bite bill,’’ size of their meals—or skipped them—be- panels and prisons, denial of care and ironically at just the same time a cause they lacked money for food. The report dramatic cuts in services, but the pur- woman in Connecticut had her face defined the degree of their food insecurity by veyors of fear ignored the hundreds of ripped off by a neighbor’s pet chim- the number of the questions to which they groups across the Nation that saw panzee. I don’t use that term meta- answered yes. through the scare tactics and who sup- phorically. Her face was literally port responsible health insurance re- f ripped off. Indeed, Mr. Speaker, the form. Those groups aren’t driven by woman who was so horribly disfigured ANIMAL WELFARE IS IMPORTANT partisan ideology. They’re focused on FOR THE ENTIRE NATION had the courage to take her story and her mangled face to the public on The the well-being of their members. I The SPEAKER pro tempore. The Oprah Winfrey Show this week. I sim- would like to highlight just a few. Chair recognizes the gentleman from ply cannot bring myself to display the The scare tactic said this bill will Oregon (Mr. BLUMENAUER) for 5 min- picture on the floor of the House, but harm seniors. In actuality, the Afford- utes. millions of viewers saw the tragic evi- able Health Care for America Act will Mr. BLUMENAUER. Mr. Speaker, it dence for themselves. help seniors by closing the Medicare seems the issues that face Congress fall It’s too late for this woman and her part D prescription drug loophole that into two categories: the issues that are family, but it’s not too late for the currently causes many seniors to pay so great, so expensive, so contentious, other body to act so that we can make thousands of dollars out of pocket, and so complex that they seem almost be- events like this less likely. It’s a sym- it will help keep Medicare solvent and yond our ability to influence—war and bol of the dysfunctionality of the other able to continue paying benefits well peace, the economy, climate change body that one Member—ironically a into the future. Without reform, Medi- and, more recently, health care—too doctor, of all people—has put a hold on care part A will be insolvent by 2017. If big and too controversial for effective, this legislation, refusing to allow the we do nothing, Medicare hospital reim- quick, meaningful congressional ac- Senate to even consider it, and bursements will be cut by 2017. Without tion. The other category seems to be inexplicably, the other body goes reform, premiums for Medicare part D the simple and the mundane, almost along. The reason, we’re told, is cost. doctor reimbursements are projected too routine—housekeeping, like renam- The Senator is concerned about cost. to increase an average of 8.5 percent ing a post office. Well, what is the cost to a woman every year through 2013. That’s why The truth is, we pursue both because whose eyes were torn out of her head so the National Committee to Preserve they’re an important part of our job she couldn’t see her daughter on prom Social Security and Medicare supports and are important to the American night? What is the cost of the unbeliev- this bill. The Alliance for Retired public. We’re not going to give up on able reconstructive surgery, taking Americans and the Center for Medicare the big issues of the day no matter how flesh from her leg to try to replace part Advocacy both support this bill. The complex, controversial and frustrating of the missing face? National Council on Aging and the because, after all, they are the big Mr. Speaker, animal welfare is about Medicare Rights Center both support issues of the day. That’s why we’re much more than concern for God’s this bill, as does the AARP.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27822 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 The scare tactic said this bill would that refused to fall prey to diver- tively, bringing that system back to- harm the ability of caregivers to pro- sionary scare tactics and supported ward a state of good repair. It would vide lifesaving care. In actuality, doc- this ground-breaking legislation on still take another $6.5 billion, $6.3 bil- tors and medical providers know that health care. The focus on these indi- lion, and it would take quite some this bill will preserve their ability to vidual groups is disparate, but they time. properly treat their patients and be share a common agenda with the ma- Now, they got out of the stimulus fairly compensated. That’s why the jority of Americans and the majority $240.2 million for their transit backlog. American Academy of Family Physi- of this House: Delivery now on the long They spent that money productively in cians and the Federation of American overdue need for responsible health in- 30 days. They bought buses. Guess Hospitals support this bill. The Amer- surance reform. what? You buy a bus, people who make ican Academy of Physicians Assistants f buses have jobs. People who make and the American College of Surgeons support this bill. The American Nurses b 1045 parts for the buses have jobs. We have a ‘‘Buy America’’ rule. Those jobs are Association and the American College WE CAN DO BETTER of Physicians support this bill. And the actually here in the United States of American Medical Association sup- The SPEAKER pro tempore. The America, and then those people work ports this bill. Chair recognizes the gentleman from and they pay taxes and there’s reve- The scare tactic says this bill will Oregon (Mr. DEFAZIO) for 5 minutes. nues to the government; sort of a good deny care to those with life-threat- Mr. DEFAZIO. Too many Americans old-fashioned way of stimulating the ening conditions, like cancer. In actu- are out of work. The stimulus certainly economy and helping the deficit. Un- ality, the Affordable Health Care for preserved some public sector jobs and fortunately, the President’s chief econ- America Act will safeguard those with was of benefit to public education and omist doesn’t believe in this. It’s time previous existing medical conditions filled in some other gaps. But the rest for him to reorient his thinking. and those in need of lifesaving proce- of the spending has not been of great We need a massive investment in our dures. That’s why the American Heart impact, particularly the $340 billion in infrastructure. It is so degraded that Association and the American Stroke tax cuts insisted upon by three Repub- we have projects ready to go all across lican Senators. And unfortunately, the Association support this bill. The the country in transit districts, in Obama administration, at the urging of American Cancer Society’s Cancer Ac- States with bridge replacement. These its chief economist, Larry Summers, tion Network and the American Diabe- aren’t things that require five to 10 caved in to those demands for yet more tes Association both support this bill. years of planning and a long spend-out ineffective tax cuts, something that The Consortium for Citizens With Dis- and those things that those ethereal failed miserably during the Bush era to abilities and the National Alliance on academic economists think about when put the economy back on track, and Mental Illness both support this bill. they think about transportation infra- failed again. The National Breast Cancer Coalition structure. and the Depression and Bipolar Sup- If you don’t have a job, a tax cut port Alliance both support this bill, doesn’t do you much good and doesn’t No, when you’re in deficit, like the and the Paralyzed Veterans of America put you back to work, does it? So it’s United States of America is today, support this bill. time for a new approach, considered, when you’re headed toward a Third The scare tactic said this will wreck unfortunately by some, old school. World transportation infrastructure, the economy. In actuality, this bill will That would be rebuilding the infra- while our competitors like China are help businesses—especially small busi- structure of America. spending hundreds of billions of dollars nesses—control the spiraling cost of According to the American Society for high speed rail, what are we doing? health care in America. Mr. Speaker, of Civil Engineers, we have a $2.2 tril- We’re struggling to keep Amtrak run- the Business Roundtable recently re- lion infrastructure deficit in this coun- ning at 19th century speeds. That’s leased a report that found that without try. One hundred sixty thousand kind of pathetic. reform, by 2019, employer-based health bridges on the Federal highway system We can do better. But it will take a insurance payments will rise 166 per- are either load-limited or functionally commitment, a push by the White cent. Without reform, those dramatic obsolete. Our transit agencies across House, a reorientation in the thinking cost increases will endanger the econ- America have an $80 billion backlog. down there, or perhaps ignoring some omy, leaving employers and employees Now, the chief economist for the bad advice they’re getting, and have facing the untenable option of dropping President, Mr. Larry Summers, an aca- the President champion the creation of coverage or laying off employees. The demic, doesn’t think that infrastruc- jobs and the rebuilding of our infra- Business Roundtable’s report found ture investment’s a good thing. He cut structure. And you know, we can do that the legislative reforms in the cur- it back in the stimulus last spring. But this a way that actually wouldn’t have you know, actually, the 4 percent of rent health insurance bills could re- to add to the deficit. duce employer costs by $3,000 per em- that huge bill that went to infrastruc- ployee by 2019. That’s why the Main ture created 25 percent of the jobs. So They’ve done a great job of bailing Street Alliance supports the Affordable perhaps Mr. Summers was wrong yet out Wall Street. Goldman Sachs is Health Care for America Act. The Na- again, like he was when he prevented going to be paying bonuses that aver- tional Farmers Union supports the bill. the Clinton administration from regu- age $700,000 this year. Whoa, good The U.S. Women’s Chamber of Com- lating derivatives, which caused our times are here again, except not for an merce supports the bill, as does the world collapse of the economy. America that is suffering very high un- Small Business Majority. But he thinks that infrastructure employment. So maybe it’s time that The scare tactics said that the Amer- takes too long to spend out. What he Wall Street just gave back a little bit. ican people would suffer. In actuality, doesn’t understand is, when you have a We could reinstitute a tax we had from consumer advocacy groups know that massive backlog, you have projects 1916 to 1966, a modest transaction tax. this bill will provide Americans with that can be put on the ground or to Congress, in the last Great Depression, their choice of affordable health care work immediately. they had the guts to actually double options. That’s why the Consumers I’ll use an example that’s kind of that tax. Disaster was predicted on Union supports it, the Consumer close to home for the President. The Wall Street. Guess what? The economy Health Coalition supports it, and the Chicago Transit Authority, they have a only went up from there, and tens of National Patient Advocate Foundation $6.8 billion backlog in their transit sys- thousands, hundreds of thousands of supports it. tem. They testified before my com- people were put to work building a new Mr. Speaker, there are hundreds mittee that they could spend $500 mil- America, an infrastructure that needs more State and national organizations lion tomorrow, tomorrow, produc- rebuilding today.

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

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27824 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 BRINGING DOWN HEALTH CARE The people of Illinois deserve to Mr. COURTNEY. Mr. Speaker, yes- COSTS know a lot more about this proposal terday, AARP, an organization of 40 (Mr. YARMUTH asked and was given and how it would affect our safety. million Americans over the age of 50, permission to address the House for 1 f announced the results of a poll regard- minute.) ing the Affordable Health Care for Mr. YARMUTH. Mr. Speaker, critics WHAT’S IN IT FOR SMALL America Act. It found that by a two-to- of the Affordable Health Care for BUSINESSES? one margin AARP supports this bill. America Act have said we’re not doing (Ms. WATSON asked and was given And what’s not to support? enough to control costs. In fact, a permission to address the House for 1 This is a bill, for those who care great deal of what we have done in this minute and to revise and extend her re- about Medicare, which will close the legislation is aimed at reducing costs marks.) doughnut hole, the infamous 100 per- in the system—not just costs to Medi- Ms. WATSON. Mr. Speaker, I am so cent deductible for seniors who are care and Medicaid, but also to the pri- proud of this House for getting the paying for the part D benefit that vate system as well. health reform bill out. And what is in doesn’t pay benefits after hitting $2,300 For instance, one of the things we do it for small business? No entity fares in care. It eliminates copayments for is move toward standardized forms, better under reform than small busi- preventive services, cancer screenings. standardized billing forms. One esti- ness. That’s because the current health But, most importantly, the actuaries mate is that this could save the system insurance system is rigged against for the Center for Medicare Services $30 billion a year. That’s just one of the small business, which now faces fewer found on Friday that it extends the sol- things that we put into motion to try choices, higher costs and, as a con- vency of the Medicare trust fund by 5 and change the cost structure of health sequence, less stable coverage for their years. So instead of going in a negative care in this country. workers. direction, we are strengthening the As my colleague from Minnesota Health insurance reform will level Medicare trust fund, which will ensure mentioned, we’re talking about chang- the playing field and provide more sta- that Americans will have one of the ing the way we pay physicians so that bility and security to small business. most successful health programs ever we pay for the quality of care and not Small business then will be able to created—Medicare for themselves, the quantity of care. In addition, we cover all of their employees. It’s all their children, and their grandchildren. AARP, the American Heart Associa- move to reduce readmissions to hos- about jobs, and the reform will lead to- tion, the American Cancer Society all pitals, because this is one of the great- wards jobs. support this bill, and the Senate should est factors in high medical care costs. f do the same and pass this measure and Time after time in this bill, from send it to President Obama for his sig- comparative effectiveness research to ADMINISTRATION DITHERS ON nature. investments in health care information AFGHANISTAN technology, we do things that will (Mr. WILSON of South Carolina f bring costs down in health care, and asked and was given permission to ad- CMS REPORT that is our commitment to the Amer- dress the House for 1 minute and to re- (Mr. PITTS asked and was given per- ican people. We will bring down costs vise and extend his remarks.) mission to address the House for 1 and make health care affordable for Mr. WILSON of South Carolina. Back minute and to revise and extend his re- every American. in March, the President made it clear marks.) f we need a comprehensive approach to Mr. PITTS. Mr. Speaker, just a week secure stability in Afghanistan. He after the House passed Speaker GREAT LAKES GITMO? stated that the safety of people around PELOSI’s health care reform bill, we’ve (Mr. KIRK asked and was given per- the world is at stake. I issued a state- received a report from the Centers for mission to address the House for 1 ment in support. General McChrystal Medicare and Medicaid Services show- minute and to revise and extend his re- has requested more troops and re- ing what this bill will do to health care marks.) sources in Afghanistan to do just that, in America. If this bill were to become Mr. KIRK. Recently, the administra- but this administration continues to law, health care costs would increase tion announced it may move up to 215 dither. by $289 billion over the next 10 years. al Qaeda terrorists to Illinois. This pro- Several weeks ago, former Vice Rising costs are devastating families posal imposes an unnecessary new risk. President Dick Cheney used the term and businesses, but this trillion-dollar We should slow it down and answer ‘‘dithering’’ to describe the President’s health care bill does nothing to stem some basic questions. indecision. I agreed with the former the flood. The facility is only 22 miles from a Vice President because ‘‘dithering’’ The same CMS report shows that pro- nuclear reactor. What precautions are means to hesitate and waste time. posed cuts to Medicare would reduce being taken? Commissions will be held In the Los Angeles Times on Satur- benefits for seniors. The $571 billion in in Illinois. How do we protect the fami- day, Doyle McManus highlighted that cuts could cause many doctors and hos- lies of jurors and prosecutors? now some of the President’s own sup- pitals to stop taking Medicare pa- Since the facility will replicate porters are beginning to wonder wheth- tients, leading to lines for service and Gitmo’s military administration, how er Cheney was right. For the sake of degraded care. Further cuts to the pro- will Great Lakes Gitmo improve Amer- American families at home, Congress gram mean a greater burden on private ican PR? and the President should not dither, insurance, a higher rate for businesses Yesterday, we learned that two- but listen to the commanders in the and individuals, higher costs, more thirds of the jobs claimed to be created field. government control, more taxes, and will be active duty military. The Bu- In conclusion, God bless our troops, less competition. reau of Prisons will hire no one over 37 and we will never forget September the Here we have more evidence that years old and will hire nationwide, not 11th in the global war on terrorism. Speaker PELOSI’s bill is the wrong kind just in Illinois. f of health care reform. It’s ironic that the administration f SUCCESSFUL HEALTH CARE promised $200 million to Palau to ac- b 1215 cept six terrorists—$33 million a ter- PROGRAM rorist. But for 215 terrorists, Illinois (Mr. COURTNEY asked and was HOLDING WALL STREET would only get $120 million—$500,000 a given permission to address the House ACCOUNTABLE terrorist. That’s 66 times less than the for 1 minute and to revise and extend (Mr. CARNAHAN asked and was rate paid to Palau. his remarks.) given permission to address the House

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27825 for 1 minute and to revise and extend Monday, in the presence of his fam- gressional district. Montana, of course, his remarks.) ily, Taps will be played at Arlington has only one district. Yet the Federal Mr. CARNAHAN. Policies of poor National Cemetery, where Lieutenant Government spent $372,000 to create regulation and lax oversight of our fi- Colonel Raymond Jones will be buried one single job in Montana’s non- nancial system came to a head 1 year with full military honors, another existent 8th Congressional District. ago, greatly contributing to the worst member of the Greatest Generation Our imaginary 16th Congressional Dis- financial crisis this country has experi- who made America proud. Amazing trict did better, with 32.5 jobs. Only a enced since the Great Depression. Over breed—a rare breed, these World War II bureaucrat would count half a job in a the past year, we have made tough veterans. district that does not exist. The gov- choices and taken firm steps to bring And that’s just the way it is. ernment spent $1 trillion to save and our economy back from the brink, but f create jobs, and the opposite has hap- there is still much more work to do on pened. Millions more Americans have the path to recovery, including enact- HEALTH CARE FOR CHILDREN lost their jobs, and now they want to ing comprehensive reform on how Wall (Mr. GENE GREEN of Texas asked fix health care like they’ve fixed the Street works, to protect Main Street and was given permission to address economy. and American families. the House for 1 minute and to revise f and extend his remarks.) As we move forward, we must hold CLEAN ENERGY JOBS FOR Mr. GENE GREEN of Texas. Mr. Wall Street accountable by making NEVADA commonsense reforms to our financial Speaker, Members, recently this House regulatory system that will help pre- passed by 220–215 the historic health (Ms. TITUS asked and was given per- vent such a crisis from ever happening care reform bill, H.R. 3962, the Afford- mission to address the House for 1 again. As we rebuild our economy, we able Health Care for America Act. This minute and to revise and extend her re- must assure Wall Street can’t take legislation will have profound impact marks.) risks that jeopardize the whole econ- on the uninsured children in our coun- Ms. TITUS. Mr. Speaker, for far too long Nevada’s economy has primarily omy: businesses, large and small, and try. In 2008, an estimated 64.1 percent been dependent on gaming and mining family budgets, savings and retire- of all children in the Nation had pri- for job creation. Now it’s time to diver- ments. vate coverage, 28.3 percent had public sify and take action to create clean en- Financial regulatory reform will put coverage, and 9.9 percent were unin- ergy jobs in Nevada, the sunniest State procedures in place to make sure tax- sured. in the country with abundant geo- payers will never again have to bail out But in Texas, we have 1.5 million thermal and wind resources. We need too-big-to-fail institutions who take on children uninsured, giving us the dis- jobs in southern Nevada, and the key is irresponsible risk. It also restores ac- tinction of having the highest number to focus on innovative new clean en- countability and transparency so that of uninsured children in the country. This is largely due to the State’s re- ergy technologies. the problems are recognized and fixed Just yesterday, a major solar devel- fusal to fund State matching funds for before they threaten the entire econ- oper in Nevada, Solar Millennium, an- the Children’s Health Insurance Pro- omy as well as outlaw many of the nounced that it plans to dry-cool its egregious practices that led to the gram, or CHIP. In 2008, 26.8 percent of plant in the Amargosa Valley. That worst financial crisis in decades. the children in our district were unin- means it will use 90 percent less water f sured, the third highest for uninsured than originally anticipated. This is children in the Nation. LIEUTENANT COLONEL RAYMOND very exciting. I have offered a number H.R. 3962 provides sliding scale sub- of amendments on the floor to improve ERIC JONES, A MEMBER OF THE sidies to families with incomes of up to GREATEST GENERATION the water efficiency of solar tech- 400 percent of the poverty line, which nology, which is important because (Mr. POE of Texas asked and was would not be dependent upon State many of the sunniest States are also given permission to address the House budget decisions, as in the case of some of the driest. This smart, innova- for 1 minute.) SCHIP. Funding for the affordability tive decision to use less water for this Mr. POE of Texas. Mr. Speaker, Ray- credits would not be capped and would major solar project will speed the ap- mond Eric Jones got married at the rise automatically when needed. proval process, help stimulate the local tender age of 19 to Lucille, and then he We have an obligation to provide economy, and create needed jobs in was off to serve his country 2 years health benefits to our children and southern Nevada. later in the great World War II. Ray- H.R. 3962 will ensure that all plans pro- f mond flew B–17s over Germany, includ- vide an essential benefits package that ing bombing Normandy to prepare for includes comprehensive benefits such TERRORIST DETAINEES IN the D-day invasion. In 1944, before his as vision, hearing and dental care for GUANTANAMO BAY 25th mission, he was informed that children as well as well-baby and well- (Mr. BILIRAKIS asked and was given upon completion of that mission, he child care. permission to address the House for 1 would be taken back home to America f minute.) as a hero and do public relations for Mr. BILIRAKIS. Mr. Speaker, I rise the Air Force. WHERE ARE THE JOBS? to express my outrage at President But that was not meant to be. His B– (Mr. REHBERG asked and was given Obama’s decision to bring terrorists 17 on that 25th mission was shot up and permission to address the House for 1 being held at Gitmo to American soil quickly crashed in a German field. minute.) for prosecution in our criminal justice Four members died on impact. Even Mr. REHBERG. When Congress system. This dangerous decision will though he was wounded, Lieutenant passed the trillion-dollar so-called grant these detainees, including the ad- Colonel Jones pulled the remaining two stimulus, the national unemployment mitted mastermind behind 9/11, con- from the wreckage, and he would re- rate was 7.6 percent. Some politicians stitutional rights to which they most main in a German prisoner of war camp warned that without the stimulus, un- certainly are not entitled. for the next 11 months. Fifty-eight employment could pass 8 percent. This Prosecuting these detainees in our years later, Lieutenant Colonel Jones month, unemployment blew past 10 criminal courts also will raise the risk received the distinguished Flying Cross percent; and like you, I am wondering that they could be released on tech- for saving his two crew members. He where the jobs are. nicalities and will force our soldiers to has also received the Purple Heart, the In the infinite wisdom of the govern- worry about such things as reading Air Medal with six oak leaf clusters, ment, $18 million was spent on a Web captured combatants their so-called the POW medal and the Presidential site to track jobs. The just-released job rights and preserving the chain of evi- Unit Citation. figures for Montana are listed by con- dence.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27826 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Mr. Speaker, President Obama’s deci- SCHOOL-BASED HEALTH CLINICS minute and to revise and extend his re- sion is a gamble that we simply do not (Mrs. CAPPS asked and was given marks.) need to take. These detainees are permission to address the House for 1 Mr. ELLISON. Mr. Speaker, Presi- enemy fighters who should be tried in minute and to revise and extend her re- dent Bush’s policies of deregulation, the military justice system, not in marks.) poor regulation, and lack of oversight American courts. Mrs. CAPPS. Mr. Speaker, I rise of our financial system came to a head f today to remind my colleagues of just a little more than a year ago, and they HEALTH CARE REFORM’S IMPACT one of the essential programs included brought us the worst financial crisis in the Affordable Health Care for ON AMERICA’S SENIORS since the Great Depression. As my America Act. This bill includes the friends on the other side of the aisle (Mr. SIRES asked and was given per- first dedicated Federal funding for talk about unemployment and the mission to address the House for 1 school-based health clinics. School- stimulus package, it is their policies minute.) based clinics garner strong bipartisan Mr. SIRES. Mr. Speaker, we have that made all of this necessary in the support, and this provision is one of first place. heard how reforming our health care the many bipartisan initiatives in- But the Democratic Congress is roar- system will benefit both those with and cluded in our health reform legislation. ing back to protect consumers, to without coverage. But what does re- Today clinics in our schools are pro- make our financial system more safe form mean for millions of our seniors? viding comprehensive and easily acces- and sound, and to provide an orderly It will mean a stronger and more im- sible health care to nearly 2 million resolution of financial firms that have proved Medicare program. More serv- students across the country. ices will be covered under the program, Students spend 5 days a week in failed. Legislation being proposed right including free preventive services. The school. It’s the most logical place to now will provide unprecedented protec- safety and quality of care will also be offer primary and preventive care. tions for American consumers through improved through payment and deliv- Without this legislation, some students the Consumer Financial Protection ery system reforms to encourage better may have no access to health edu- Agency, put procedures in place to care. cation, screenings and other primary make sure taxpayers will never again In addition, reform will bring tighter services. At the height of the flu sea- have to bail out too-big-to-fail institu- oversight by creating new tools to son, there is a need for supporting tions, restore accountability and trans- fight waste, fraud and abuse within these clinics, these school-based health parency so that problems are recog- Medicare, as well as save costs by clinics, now more than ever. This is nized and fixed before they threaten eliminating gross overpayments. Medi- just one more reason of why I urge my the entire economy, outlaw many of care itself will be protected by extend- colleagues to help pass real health re- the most egregious practices, like ing the solvency of the Medicare trust form now. subprime lending, and put our economy fund by 5 years. on a stable footing. Most importantly, our bill will mean f lower drug costs for seniors by allow- TRIBUTE TO LIEUTENANT THOMAS f ing the government to negotiate drug CLAIBORNE, UNITED STATES MA- RINE CORPS prices on behalf of Medicare bene- HEALTH CARE REFORM ficiaries and by closing the doughnut (Mr. COFFMAN of Colorado asked hole that thousands of seniors just in and was given permission to address (Mr. BACA asked and was given per- my district alone hit each year. the House for 1 minute and to revise mission to address the House for 1 Mr. Speaker, security and stability is and extend his remarks.) minute.) what reform means for seniors and why Mr. COFFMAN of Colorado. Mr. Mr. BACA. Congress is only a few most recently 63 percent of AARP Speaker, there are many heroes who steps away from passing a health care members support the House version of have served our Nation from the Sixth reform bill that is much needed for the health care reform. Congressional District of Colorado. American people. If we lose sight of our f Today I rise to pay tribute to one hero main goal to provide access coverage in particular. Marine Corps First Lieu- HEALTH CARE BILL WILL to everyone, especially the poor and tenant Thomas Claiborne of Parker, NEGATIVELY AFFECT SENIORS the middle class that have already sac- Colorado. On October 29, 2009, First rificed or contributed so much so this (Mr. BUCHANAN asked and was Lieutenant Claiborne was lost when his country, I say, Ask not what you can given permission to address the House Marine Super Cobra collided with a do for the insurance companies but ask for 1 minute.) Coast Guard C–130 during an escort what you can do for the American peo- Mr. BUCHANAN. Mr. Speaker, a new mission off the coast of California. The ple. report says the health care bill that lives of the crew of both aircraft were just passed the House will sharply re- This is a humanitarian issue about lost in this tragic training accident. responsible parents trying to provide duce benefits to seniors. This report First Lieutenant Claiborne graduated for their families. The House bill ends was done by President Obama’s own ad- from the University of Colorado magna the doughnut hole prescription drug ministration. The Washington Post cum laude on a full Navy ROTC schol- coverage, ends copayment for preven- says it all. You can see it right here: arship in May 2006 with a degree in tive care, ends discrimination based on ‘‘This bill would sharply reduce bene- aerospace engineering and later earned preexisting conditions, and provides fits for some senior citizens and could his wings as a pilot in the United more health care for our youth. The jeopardize access to care for millions of States Marine Corps. He is remembered health bill means less red tape and less others.’’ as a fine young man, an outstanding paperwork, more time with your fami- My district has more than 267,000 sen- student and a dedicated Marine Corps lies and doctors, lower premiums for iors, the oldest congressional district officer who had always dreamed of fly- in the country. I will not stand by ing. First Lieutenant Thomas Clai- older Americans. while we devastate Medicare and raise borne was a shining example of the Ma- This is extremely important at a taxes on individuals and small busi- rine Corps traditions. As a fellow ma- time that the American families are nesses. The report also warns that hos- rine, my deepest sympathies go out to stretching their budgets to the brink pitals and nursing homes could stop his family and to all that knew him. to make ends meet their needs and may have lost their jobs. Access to taking Medicare all together. f I urge every Member of Congress to health care is not a privilege. It’s a read this report so we can focus on real FINANCIAL SERVICES REFORM human right. I urge my colleagues to reform that does not punish our sen- (Mr. ELLISON asked and was given fight for the American family and pass iors. permission to address the House for 1 real health care reform.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27827 b 1230 compete in a global economy. We must SECTION 1. SHORT TITLE. FINANCIAL REGULATORY REFORM open credit markets to enable the real This Act may be cited as the ‘‘Clean Hull job creators, small businesses, to grow Act of 2009’’. (Mr. LANGEVIN asked and was given and hire. permission to address the House for 1 Mr. Speaker, as millions of Ameri- TITLE I—GENERAL PROVISIONS minute and to revise and extend his re- cans continue to suffer, I ask us to get SEC. 101. DEFINITIONS. marks.) busy creating jobs and move quickly to In this Act: Mr. LANGEVIN. Mr. Speaker, I rise pass a bill that will create hundreds of (1) ADMINISTRATOR.—The term ‘‘Adminis- in strong support of the Financial thousands of new jobs and make crit- trator’’ means the Administrator of the En- Services Committee’s work to overhaul ical investments in our infrastructure. vironmental Protection Agency. (2) ANTIFOULING SYSTEM.—The term our financial system. Across the Na- f tion, including my home State of ‘‘antifouling system’’ means a coating, Rhode Island, predatory lending and HEALTH CARE REFORM paint, surface treatment, surface, or device unregulated mortgage brokers led to (Mr. MURPHY of Connecticut asked that is used or intended to be used on a ves- and was given permission to address sel to control or prevent attachment of un- unsustainable home loans and a drain wanted organisms. on our economy. Now, with unemploy- the House for 1 minute.) (3) CONVENTION.—The term ‘‘Convention’’ ment at 13 percent, my constituents, Mr. MURPHY of Connecticut. Mr. means the International Convention on the like many across the country, have had Speaker, there are a lot of special in- Control of Harmful Anti-Fouling Systems on no other choice but to turn to credit terests out there that are making noise Ships, 2001, including its annexes, and in- cards to support their families and about what the House health care bill cluding any amendments to the Convention small businesses. Now what’s hap- means for seniors. But seniors that I or annexes which have entered into force for pening is these struggling Rhode Is- met with yesterday in Meriden, Con- the United States. necticut, they’re not falling for the (4) FPSO.—The term ‘‘FPSO’’ means a landers are subjected to the deceptive floating production, storage, or offloading practices of credit card companies scare tactics. That’s because for years unit. greedily generating more profit before they’ve been dealing with the rising (5) FSU.—The term ‘‘FSU’’ means a float- new regulations go into effect. We’ve cost of health insurance, and they’re ing storage unit. all seen it. These practices include ris- the ones that have been paying for the (6) GROSS TONNAGE.—The term ‘‘gross ton- ing minimum payment amounts and prescription drug doughnut hole that nage’’ as defined in chapter 143 of title 46, interest rates, decreasing limits and was created by the Republicans and United States Code, means the gross tonnage closing accounts without proper notifi- their drug industry allies. The seniors calculated in accordance with the tonnage that I talked to yesterday, they sup- measurement regulations contained in annex cation. For these reasons and many 1 to the International Convention on Ton- more, consumer protection must be the port the health care reform bill be- nage Measurement of Ships, 1969. cornerstone of financial reform. Fur- cause it lowers their out-of-pocket ex- (7) INTERNATIONAL VOYAGE.—The term ther, we must restore accountability penses in Medicare. It eliminates the ‘‘international voyage’’ means a voyage by a and transparency of financial institu- doughnut hole, and it extends the life vessel entitled to fly the flag of one country tions and eliminate risks that contrib- of Medicare to make sure that it will to or from a port, shipyard, offshore ter- uted to the financial collapse. be around for their kids and their minal, or other place under the jurisdiction I look forward to voting on legisla- grandkids. of another country. (8) ORGANOTIN.—The term ‘‘organotin’’ tion which will address these past fail- And that’s why AARP supports the bill as well, with polling showing that means any compound or additive of tin ures, strengthen regulation and over- bound to an organic ligand, that is used or sight and put our country back on a their members also support health care intended to be used as biocide in an path to economic stability. reform by a 2–1 margin. Mr. Speaker, antifouling system. seniors out there support health care f (9) PERSON.—The term ‘‘person’’ means— reform because they, better than any- (A) any individual, partnership, associa- HOW QUICKLY WE FORGET body, know what the status quo is, and tion, corporation, or organized group of per- (Ms. EDWARDS of Maryland asked they don’t like it. sons whether incorporated or not; (B) any department, agency, or instrumen- and was given permission to address f tality of the United States, except as pro- the House for 1 minute and to revise ANNOUNCEMENT BY THE SPEAKER vided in section 3(b)(2); or and extend her remarks.) PRO TEMPORE (C) any other government entity. Ms. EDWARDS of Maryland. Mr. (10) SECRETARY.—The term ‘‘Secretary’’ Speaker, how quickly we forget. Last The SPEAKER pro tempore. Pursu- means the Secretary of the department in year at this time the Nation faced the ant to clause 8 of rule XX, the Chair which the Coast Guard is operating. worst financial crisis in decades, shed- will postpone further proceedings (11) SELL OR DISTRIBUTE.—The term ‘‘sell or ding over 600,000 jobs a month. We today on motions to suspend the rules distribute’’ means to distribute, sell, offer knew that unemployment was going to on which a recorded vote or the yeas for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, get worse before it got better. This is and nays are ordered, or on which the vote incurs objection under clause 6 of release for shipment, import, export, hold for little consolation to the millions of import, hold for export, or receive and (hav- Americans who are currently unem- rule XX. Record votes on postponed questions ing so received) deliver or offer to deliver. ployed, facing foreclosure, or forced to (12) VESSEL.—The term ‘‘vessel’’ has the will be taken later. take multiple low-paying jobs to make meaning given that term in section 3 of title ends meet. f 1, United States Code, including hydrofoil Earlier this year, we took unprece- CLEAN HULL ACT OF 2009 boats, air cushion watercraft, submersibles, dented action by passing the American floating craft, fixed or floating platforms, Mr. CUMMINGS. Mr. Speaker, I move floating storage units, and floating produc- Recovery and Reinvestment Act. The to suspend the rules and pass the bill tion, storage, and offloading units. impact of this legislation is growing (H.R. 3618) to provide for implementa- (13) TERRITORIAL SEA.—The term ‘‘terri- more evident each day across this tion of the International Convention torial sea’’ means the territorial sea as de- country, but it’s not enough, especially on the Control of Harmful Anti-Foul- scribed in Presidential Proclamation No. 5928 if you don’t have a job. ing Systems on Ships, 2001, and for on December 27, 1988. It’s time for us to focus on creating (14) UNITED STATES.—The term ‘‘United other purposes, as amended. States’’ means the several States of the jobs that enable Americans to take The Clerk read the title of the bill. care of themselves and their families. United States, the District of Columbia, The text of the bill is as follows: Puerto Rico, Guam, American Samoa, the We must engage in long-term job cre- H.R. 3618 Virgin Islands, the Commonwealth of the ation, continuing the Recovery Act to Be it enacted by the Senate and House of Rep- Northern Marianas, and any other territory rebuild our roads, bridges, water, resentatives of the United States of America in or possession over which the United States sewer, and energy infrastructure to Congress assembled, has jurisdiction.

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(15) USE.—The term ‘‘use’’ includes appli- States, any vessel of at least 400 gross tons (b) REFERRALS TO TECHNICAL GROUP.— cation, reapplication, installation, or any that engages in one or more international (1) CONVENING OF SHIPPING COORDINATING other employment of an antifouling system. voyages (except fixed or floating platforms, COMMITTEE.—On referral of any antifouling SEC. 102. COVERED VESSELS. FSUs, and FPSOs) shall carry an Inter- system to the technical group described in (a) INCLUDED VESSEL.—Except as provided national Antifouling System Certificate. article 7 of the Convention for consideration in subsection (b), after the Convention enters (b) ISSUANCE OF CERTIFICATE.—On entry of new or additional controls, the Secretary into force for the United States, the fol- into force of the Convention, on a finding of State shall convene a public meeting of lowing vessels are subject to the require- that a successful survey required by the Con- the Shipping Coordinating Committee for ments of this Act: vention has been completed, a vessel of at the purpose of receiving information and (1) A vessel documented under chapter 121 least 400 gross tons that engages in at least comments regarding controls on such of title 46, United States Code, or one oper- one international voyage (except fixed or antifouling system. The Secretary of State ated under the authority of the United floating platforms, FSUs, and FPSOs) shall shall publish advance notice of such meeting States, wherever located. be issued an International Antifouling Sys- in the Federal Register and on the State De- (2) Any vessel permitted by a Federal agen- tem Certificate. The Secretary may issue the partment’s Web site. The Administrator cy to operate on the Outer Continental Certificate required by this section. The Sec- shall assemble and maintain a public docket Shelf. retary may delegate this authority to an or- containing notices pertaining to that meet- (3) Any other vessel when— ganization that the Secretary determines is ing, any comments responding to those no- (A) in the internal waters of the United qualified to undertake that responsibility. tices, the minutes of that meeting, and ma- States; (c) MAINTENANCE OF CERTIFICATE.—The terials presented at that meeting. (B) in any port, shipyard, offshore ter- Certificate required by this section shall be (2) REPORT BY TECHNICAL GROUP.—The Ad- minal, or other place in the United States; maintained as required by the Secretary. ministrator shall promptly make any report (C) lightering in the territorial sea; or (d) CERTIFICATES ISSUED BY OTHER PARTY by the technical group described in the Con- (D) to the extent consistent with inter- COUNTRIES.—A Certificate issued by any vention available to the public through the national law, anchoring in the territorial sea country that is a party to the Convention docket established pursuant to subsection (b) of the United States. has the same validity as a Certificate issued and announce the availability of that report (b) EXCLUDED VESSELS.— by the Secretary under this section. in the Federal Register. The Administrator (1) IN GENERAL.—The following vessels are (e) VESSELS OF NONPARTY COUNTRIES.—Not- shall provide an opportunity for public com- not subject to the requirements of this Act: withstanding subsection (a), a vessel of at ment on the report for a period of not less (A) Any warship, naval auxiliary, or other least 400 gross tons, having the nationality than 30 days from the time the availability vessel owned or operated by a foreign state, of or entitled to fly the flag of a country of the report is announced in the Federal and used, for the time being, only on govern- that is not a party to the Convention, may Register. ment noncommercial service. demonstrate compliance with this Act (3) CONSIDERATION OF COMMENTS.—To the (B) Except as provided in paragraph (2), through other appropriate documentation extent practicable, the Administrator shall any warship, naval auxiliary, or other vessel considered acceptable by the Secretary. take any comments into consideration in de- owned or operated by the United States and SEC. 202. DECLARATION. veloping recommendations under subsection used for the time being only on government (a) REQUIREMENTS.—On entry into force of (a). noncommercial service. the Convention for the United States, a ves- SEC. 205. SCIENTIFIC AND TECHNICAL RE- (2) APPLICATION TO UNITED STATES GOVERN- sel of at least 24 meters in length, but less SEARCH AND MONITORING; COMMU- MENT VESSELS.— than 400 gross tons engaged on an inter- NICATION AND INFORMATION. (A) IN GENERAL.—The Administrator may national voyage (except fixed or floating The Secretary, the Administrator, and the apply any requirement of this Act to one or platforms, FSUs, and FPSOs) must carry a Administrator of the National Oceanic and more classes of vessels described in para- declaration described in subsection (b) that Atmospheric Administration may each un- graph (1)(B), if the head of the Federal de- is signed by the owner or owner’s authorized dertake scientific and technical research and partment or agency under which those ves- agent. That declaration shall be accom- monitoring pursuant to article 8 of the Con- sels operate concurs in that application. panied by appropriate documentation, such vention and to promote the availability of (B) LIMITATION FOR COMBAT-RELATED VES- as a paint receipt or a contractor invoice, or relevant information concerning— SEL.—Paragraph (1) shall not apply to com- contain an appropriate endorsement. (1) scientific and technical activities un- bat-related vessels. (b) CONTENT OF DECLARATION.—The dec- dertaken in accordance with the Convention; SEC. 104. ADMINISTRATION AND ENFORCEMENT. laration must contain a clear statement that (2) marine scientific and technological pro- (a) IN GENERAL.—Unless otherwise speci- the antifouling system on the vessel com- grams and their objectives; and fied in this Act, with respect to a vessel, the plies with the Convention. The Secretary (3) the effects observed from any moni- Secretary shall administer and enforce the may prescribe the form and other require- toring and assessment programs relating to Convention and this Act. ments of the declaration. antifouling systems. (b) ADMINISTRATOR.—Except with respect SEC. 203. OTHER COMPLIANCE DOCUMENTATION. SEC. 206. COMMUNICATION AND EXCHANGE OF to section 301 (b) and (c), the Administrator In addition to the requirements under sec- INFORMATION. shall administer and enforce title III of this tions 201 and 202, the Secretary may require (a) IN GENERAL.—Except as provided in Act. vessels to hold other documentation consid- subsection (b), with respect to those (c) REGULATIONS.—The Administrator and ered necessary to verify compliance with antifouling systems regulated by the Admin- the Secretary may each prescribe and en- this Act. istrator, the Administrator shall provide to force regulations as may be necessary to SEC. 204. PROCESS FOR CONSIDERING ADDI- any party to the Convention that requests it, carry out their respective responsibilities TIONAL CONTROLS. relevant information on which the decision under this Act. (a) ACTIONS BY ADMINISTRATOR.—The Ad- to regulate was based, including information SEC. 105. COMPLIANCE WITH INTERNATIONAL ministrator may— provided for in annex 3 to the Convention, or LAW. (1) participate in the technical group de- other information suitable for making an ap- Any action taken under this Act shall be scribed in Article 7 of the Convention, and in propriate evaluation of the antifouling sys- taken in accordance with treaties to which any other body convened pursuant to the tem. the United States is a party and other inter- Convention for the consideration of new or (b) LIMITATION.—This section shall not be national obligations of the United States. additional controls on antifouling systems; construed to authorize the provision of infor- SEC. 106. UTILIZATION OF PERSONNEL, FACILI- (2) evaluate any risks of adverse effects on mation the disclosure of which is otherwise TIES OR EQUIPMENT OF OTHER FED- nontarget organisms or human health pre- prohibited by law. ERAL DEPARTMENTS AND AGEN- sented by a given antifouling system such TITLE III—PROHIBITIONS AND CIES. that the amendment of annex 1 of the Con- ENFORCEMENT AUTHORITY The Secretary and the Administrator may vention may be warranted; SEC. 301. PROHIBITIONS. utilize by agreement, with or without reim- (3) undertake an assessment of relevant en- (a) IN GENERAL.—Notwithstanding any bursement, personnel, facilities, or equip- vironmental, technical, and economic con- other provision of law, it is unlawful for any ment of other Federal departments and agen- siderations necessary to evaluate any pro- person— cies in administering the Convention, this posals for new or additional controls of (1) to act in violation of this Act, or any Act, or any regulations prescribed under this antifouling systems under the Convention, regulation prescribed under this Act; Act. including benefits in the United States and (2) to sell or distribute in domestic or TITLE II—IMPLEMENTATION OF THE elsewhere associated with the production international commerce organotin or an CONVENTION and use in the United States and elsewhere, antifouling system containing organotin; SEC. 201. CERTIFICATES. of the subject antifouling system; and (3) to manufacture, process, or use (a) CERTIFICATE REQUIRED.—On entry into (4) develop recommendations based on that organotin to formulate an antifouling sys- force of the Convention for the United assessment. tem;

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(4) to apply an antifouling system con- (b) STOP MANUFACTURE, SALE, USE, OR RE- bility, any history of prior offenses, the eco- taining organotin on any vessel to which MOVAL ORDERS.—Consistent with section 104, nomic impact of the penalty on the violator, this Act applies; or whenever any organotin or other substance the economic benefit to the violator and (5) after the Convention enters into force or system regulated under the Convention is other matters as justice may require. for the United States, to apply or otherwise found by the Administrator and there is rea- (e) REWARD.—An amount equal to not more use in a manner inconsistent with the Con- son to believe that a manufacturer, seller, than one-half of any civil penalty assessed vention, an antifouling system on any vessel distributor, or user has violated or is in vio- by the Secretary or Administrator under that is subject to this Act. lation of any provision of this Act, or that this section may, subject to the availability (b) VESSEL HULLS.—Except as provided in such organotin or other substance or system of appropriations, be paid by the Secretary subsection (c), no vessel shall bear on its hull regulated under the Convention has been or or Administrator, respectively, to any per- or outer surface any antifouling system con- is intended to be manufactured, distributed, son who provided information that led to the taining organotin, regardless of when such sold, or used in violation of this Act, the Ad- assessment or imposition of the penalty. system was applied, unless that vessel bears ministrator may issue a stop manufacture, (f) REFERRAL TO ATTORNEY GENERAL.—If an overcoating which forms a barrier to sale, use, or removal order to any person any person fails to pay a civil penalty as- organotin leaching from the underlying that owns, controls, or has custody of such sessed under this section after it has become antifouling system. organotin or other substance or system regu- (c) LIMITATIONS.— final, or comply with an order issued under lated under the Convention. After receipt of this Act, the Secretary or Administrator, as (1) EXCEPTED VESSEL.—Subsection (b) does that order the person may not manufacture, not apply to fixed or floating platforms, appropriate, may refer the matter to the At- sell, distribute, use, or remove the organotin torney General of the United States for col- FSUs, or FPSOs that were constructed prior or other substance or system regulated to January 1, 2003, and that have not been in lection in any appropriate district court of under the Convention described in the order the United States. dry dock on or after that date. except in accordance with the order. (2) SALE, MANUFACTURE, ETC.—This section (g) COMPROMISE, MODIFICATION, OR REMIS- does not apply to— SEC. 304. ADDITIONAL AUTHORITY OF THE AD- SION.—Before referring any civil penalty that MINISTRATOR. (A) the sale, distribution, or use pursuant is subject to assessment or has been assessed The Administrator, in consultation with to any agreement between the Administrator under this section to the Attorney General, the Secretary, may establish, as necessary, and any person that results in an earlier pro- the Secretary, or Administrator, as appro- terms and conditions regarding the removal hibition or cancellation date than specified priate, may compromise, modify, or remit, and disposal of antifouling systems prohib- in this Act; or with or without conditions, the civil penalty. ited or restricted under this Act. (B) the manufacture, processing, formula- (h) NONPAYMENT PENALTY.—Any person tion, sale, distribution, or use of organotin TITLE IV—ACTION ON VIOLATION, who fails to pay on a timely basis a civil pen- or antifouling systems containing organotin PENALTIES, AND REFERRALS alty assessed under this section shall also be used or intended for use only for sonar domes SEC. 401. CRIMINAL ENFORCEMENT. liable to the United States for interest on or in conductivity sensors in oceanographic Any person who knowingly violates para- the penalty at an annual rate equal to 11 per- instruments. graph (2), (3), (4), or (5) of section 301(a) or cent compounded quarterly, attorney fees SEC. 302. INVESTIGATIONS AND INSPECTIONS BY section 301(b) shall be fined under title 18, and costs for collection proceedings, and a SECRETARY. United States Code, or imprisoned not more quarterly nonpayment penalty for each quar- (a) IN GENERAL.—The Secretary may con- than 6 years, or both. ter during which such failure to pay persists. duct investigations and inspections regard- SEC. 402. CIVIL ENFORCEMENT. That nonpayment penalty shall be in an ing a vessel’s compliance with this Act or amount equal to 20 percent of the aggregate (a) CIVIL PENALTY.— the Convention. amount of that person’s penalties and non- (1) IN GENERAL.—Any person who is found (b) VIOLATIONS; SUBPOENAS.—In any inves- by the Secretary or the Administrator, as payment penalties that are unpaid as of the tigation under this section, the Secretary beginning of that quarter. may issue subpoenas to require the attend- appropriate, after notice and an opportunity ance of witnesses and the production of docu- for a hearing, to have— SEC. 403. LIABILITY IN REM. ments and other evidence. In case of refusal (A) violated the Convention, this Act, or A vessel operated in violation of the Con- to obey a subpoena issued to any person, the any regulation prescribed under this Act is vention, this Act, or any regulation pre- Secretary may request the Attorney General liable to the United States Government for a scribed under this Act, is liable in rem for to invoke the aid of the appropriate district civil penalty of not more than $37,500 for any fine imposed under section 18, United court of the United States to compel compli- each violation; or States Code, or civil penalty assessed pursu- ance. (B) made a false, fictitious, or fraudulent ant to section 402, and may be proceeded (c) FURTHER ACTION.—On completion of an statement or representation in any matter against in the United States district court of investigation, the Secretary may take what- in which a statement or representation is re- any district in which the vessel may be ever further action the Secretary considers quired to be made to the Secretary under the found. Convention, this Act, or any regulations pre- appropriate under the Convention or this SEC. 404. VESSEL CLEARANCE OR PERMITS; RE- Act. scribed under this Act, is liable to the United FUSAL OR REVOCATION; BOND OR (d) COOPERATION.—The Secretary may co- States for a civil penalty of not more than OTHER SURETY. operate with other parties to the Convention $50,000 for each such statement or represen- If any vessel that is subject to the Conven- in the detection of violations and in enforce- tation. tion or this Act, or its owner, operator, or ment of the Convention. Nothing in this sec- (2) RELATIONSHIP TO OTHER LAW.—This sub- person in charge, is liable for a fine or civil tion affects or alters requirements under any section shall not limit or affect the author- penalty under section 402 or 403, or if reason- other laws. ity of the Government under section 1001 of able cause exists to believe that the vessel, SEC. 303. EPA ENFORCEMENT. title 18, United States Code. its owner, operator, or person in charge may (a) INSPECTIONS, SUBPOENAS.— (b) ASSESSMENT OF PENALTY.—The amount be subject to a fine or civil penalty under (1) IN GENERAL.—For purposes of enforcing of the civil penalty shall be assessed by the section 402 or 403, the Secretary may refuse this Act or any regulation prescribed under Secretary or Administrator, as appropriate, or revoke the clearance required by section this Act, officers or employees of the Envi- by written notice. 60105 of title 46, United States Code. Clear- ronmental Protection Agency or of any (c) LIMITATION FOR RECREATIONAL VES- ance may be granted upon the filing of a State designated by the Administrator may SEL.—A civil penalty imposed under sub- bond or other surety satisfaction to the Sec- enter at reasonable times any location where section (a) against the owner or operator of retary. there is being held or may be held organotin a recreational vessel, as that term is defined or any other substance or antifouling system in section 2101 of title 46, United States SEC. 405. WARNINGS, DETENTIONS, DISMISSALS, regulated under the Convention, for the pur- Code, for a violation of the Convention, this EXCLUSION. pose of inspecting and obtaining samples of Act, or any regulation prescribed under this (a) IN GENERAL.—If a vessel is detected to any containers or labeling for organotin or Act involving that recreational vessel, may be in violation of the Convention, this Act, other substance or system regulated under not exceed $5,000 for each violation. or any regulation prescribed under this Act, the Convention. (d) DETERMINATION OF PENALTY.—For pur- the Secretary may warn, detain, dismiss, or (2) SUBPOENAS.—In any investigation under poses of penalties under this section, each exclude the vessel from any port or offshore this section the Administrator may issue day of a continuing violation constitutes a terminal under the jurisdiction of the United subpoenas to require the attendance of any separate violation. In determining the States. witness and the production of documents and amount of the penalty, the Secretary or Ad- (b) NOTIFICATIONS.—If action is taken other evidence. In case of refusal to obey ministrator shall take into account the na- under subsection (a), the Secretary, in con- such a subpoena, the Administrator may re- ture, circumstances, extent, and gravity of sultation with the Secretary of State, shall quest the Attorney General to compel com- the prohibited acts committed and, with re- make the notifications required by the Con- pliance. spect to the violator, the degree of culpa- vention.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27830 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 SEC. 406. REFERRALS FOR APPROPRIATE ACTION On June 10, I convened the sub- I also note that in order to prevent a BY FOREIGN COUNTRY. committee to examine the impact on compound like TBT from ever again Notwithstanding sections 401, 402, 403, and 405, if a violation of the Convention is com- the marine environment of the use of entering the environment through an mitted by a vessel registered in or of the na- coatings on the hulls of ships con- anti-fouling coating, the International tionality of a country that is a party to the taining the compound tributyltin, bet- Convention on the Control of Harmful Convention, or by a vessel operated under ter known as TBT. Such coatings are Anti-Fouling Systems on Ships also es- the authority of a country that is a party to applied to prevent hull fouling. In the tablished a system under which new the Convention, the Secretary, acting in co- maritime world, the term ‘‘fouling’’ is anti-fouling coatings can be tested to ordination with the Secretary of State, may defined as the unwanted growth of bio- assess the effects on the marine envi- refer the matter to the government of the logical material, such as barnacles and ronment. Coatings can be added to the country of the vessel’s registry or nation- list of prohibited anti-fouling systems ality, or under whose authority the vessel is algae, on a surface immersed in water. operating, for appropriate action, rather Because such material can slow a under the Convention if they are found than taking the actions otherwise required ship’s movement through the water to be harmful. H.R. 3618 authorizes the or authorized by this title. and can be transferred from one body Environmental Protection Agency to SEC. 407. REMEDIES NOT AFFECTED. of water to another, ship owners and participate in international technical (a) IN GENERAL.—Nothing in this Act lim- operators have attempted throughout bodies convened to assess the safety of its, denies, amends, modifies, or repeals any the history of maritime transportation new anti-fouling systems. other remedy available to the United States. I strongly believe that it is time for (b) RELATIONSHIP TO STATE AND LOCAL to eliminate the accumulation of such materials through a variety of meth- us to fully implement the Inter- LAW.—Nothing in this Act limits, denies, national Convention on the Control of amends, modifies, or repeals any rights ods. under existing law, of any State, territory, In the 1960s and 70s, hull coatings Harmful Anti-Fouling Systems on or possession of the United States, or any po- were developed that had as their main Ships, and I urge the adoption of H.R. litical subdivision thereof, to regulate any ingredient the compound TBT. At that 3618 by the House today. HOUSE OF REPRESENTATIVES, antifouling system. Compliance with the re- time, TBT was hailed as the best anti- COMMITTEE ON HOMELAND SECURITY, quirements of a State, territory, or posses- fouling agent ever developed. Unfortu- sion of the United States, or political sub- Washington, DC, November 12, 2009. division thereof related to antifouling paint nately, as so often happened in that pe- Hon. JAMES L. OBERSTAR, or any other antifouling system does not re- riod, a product that showed promise Chairman, Committee on Transportation and lieve any person of the obligation to comply was rushed to market before the full Infrastructure, House of Representatives, with this Act. range of its impacts on the environ- Washington, DC. SEC. 408. REPEAL. ment was understood. Over the years, DEAR CHAIRMAN OBERSTAR: I write to you The Organotin Antifouling Paint Control regarding H.R. 3618, the ‘‘Clean Hull Act of it has become clear that TBT is highly 2009.’’ Act of 1988 (33 U.S.C. 2401 et seq.) is repealed. toxic to marine life, including crusta- The SPEAKER pro tempore. Pursu- H.R. 3618 contains provisions that fall ceans, fish and even marine mammals. within the jurisdiction of the Committee on ant to the rule, the gentleman from TBT has caused alterations in oyster Homeland Security. I recognize and appre- Maryland (Mr. CUMMINGS) and the gen- shells, and has caused female dog ciate your desire to bring this legislation be- tleman from New Jersey (Mr. LOBI- whelks, a type of snail, to begin devel- fore the House in an expeditious manner and, ONDO) each will control 20 minutes. accordingly, I will not seek a sequential re- The Chair recognizes the gentleman oping male sexual characteristics. ferral of the bill. However, agreeing to waive from Maryland. There’s even some evidence that TBT consideration of this bill should not be con- is bio-accumulative, meaning that strued as the Committee on Homeland Secu- GENERAL LEAVE larger animals can ingest it as they rity waiving, altering, or otherwise affecting Mr. CUMMINGS. Mr. Speaker, I ask its jurisdiction over subject matters con- unanimous consent that all Members consume smaller animals on the food chain. Thus, the IMO reports that tained in the bill which fall within its Rule may have 5 legislative days in which to X jurisdiction. revise and extend their remarks and to traces of TBT contamination have now Further, I request your support for the ap- include extraneous material on H.R. been found even in whales. pointment of an appropriate number of Mem- I note that the use of TBT is already 3618. bers of the Committee on Homeland Security The SPEAKER pro tempore. Is there strictly regulated by U.S. law, specifi- to be named as conferees during any House- objection to the request of the gen- cally, under the Organotin Anti-Foul- Senate conference convened on H.R. 3618 or ing Paint Control Act of 1998. Under similar legislation. I also ask that a copy of tleman from Maryland? this letter and your response be included in There was no objection. this Act, the sale and most applica- tions of TBT coatings are already pro- the legislative report on H.R. 3618 and in the Mr. CUMMINGS. Mr. Speaker, I yield Congressional Record during floor consider- myself such time as I may consume. hibited in the United States. However, ation of this bill. Mr. Speaker, as chairman of the Sub- the best way of controlling the use of I look forward to working with you as we committee on Coast Guard and Mari- TBT is by the U.S. accession to the prepare to pass this important legislation. time Transportation, I rise today in International Convention on the Con- Sincerely, strong support of the Clean Hull Act of trol of Harmful Anti-Fouling Systems BENNIE G. THOMPSON, 2009, H.R. 3618, as amended, which on Ships. The Convention was adopted Chairman. would institute the legal changes need- by the International Maritime Organi- HOUSE OF REPRESENTATIVES, COM- ed to bring the United States into full zation in October of 2001 to ban the use MITTEE ON TRANSPORTATION AND compliance with the International Con- of hull coatings that contain TBT. The INFRASTRUCTURE, vention on the Control of Harmful Convention came into force inter- Washington, DC, November 12, 2009. Anti-Fouling Systems on Ships. I com- nationally on September 17, 2008. The Hon. BENNIE G. THOMPSON, mend the chairman of the full Com- United States Senate gave its consent Chairman, Committee on Homeland Security, mittee on Transportation and Infra- to the Convention just a few days later, Ford House Office Building, Washington, structure, Congressman OBERSTAR, for in September of 2008. DC. H.R. 3618 would finally implement in DEAR CHAIRMAN THOMPSON: I write to you his hard work on this legislation, and regarding H.R. 3618, the ‘‘Clean Hull Act of for his tireless commitment to ensur- the United States the laws that will 2009’’. ing that we do all that we can to mini- bring our Nation into full compliance I agree that provisions in H.R. 3618 are of mize the impact of our transportation with the Convention, thus completing jurisdictional interest to the Committee on systems on our environment. I also our ratification of the Convention. By Homeland Security. I acknowledge that by commend the ranking member of the enacting H.R. 3618, the United States forgoing a sequential referral, your Com- mittee is not relinquishing its jurisdiction full committee, Mr. MICA, and the can prohibit ships with TBT coatings and I will fully support your request to be ranking member of the Coast Guard from entering U.S. waters unless the represented in a House-Senate conference on Subcommittee, Congressman LOBI- ships have overcoatings that prevent those provisions over which the Committee ONDO, for their work on this legisla- TBT from leaching from one under- on Homeland Security has jurisdiction in tion. lying anti-fouling system. H.R. 3618.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27831 This exchange of letters will be inserted in Mr. Speaker, I reserve the balance of we are beginning to unlock the mys- the Committee Report on H.R. 3618 and in my time. teries of the ocean. the Congressional Record as part of the con- Mr. LOBIONDO. Mr. Speaker, I yield Endless it is not. Endless has given sideration of this legislation in the House. I look forward to working with you as we myself such time as I may consume. rise to the notion we can discharge prepare to pass this important legislation. I’d like to start off by saying that I whatever refuge we have of humanity Sincerely, strongly support H.R. 3618, the Clean into the ocean because it is endless. It JAMES L. OBERSTAR, Hull Act of 2009. I want to thank Mr. is not. The drift nets that continue to Chairman. CUMMINGS and Mr. OBERSTAR for their kill with no social redeeming purpose; help and cooperation in putting this the trash of plastic that we discharge HOUSE OF REPRESENTATIVES, COM- bill together. The Committee on Trans- into the oceans and that gather in a MITTEE ON SCIENCE AND TECH- portation and Infrastructure first con- NOLOGY, swirl where Pacific Ocean currents Washington, DC, September 28, 2009. sidered the topics addressed by this bill meet and gather thousands of square Hon. JAMES L. OBERSTAR, in June, and I’m very pleased to see miles of plastics that are ingested by Chairman, Committee on Transportation and that we’re considering legislation to whales, and one was found starving be- Infrastructure, House of Representatives, implement these international rules so cause it had ingested so much Rayburn House Office Building, Wash- quickly. Styrofoam it couldn’t process food. It ington, DC. The bill would adopt the require- is not endless. And neither are the DEAR CHAIRMAN OBERSTAR: I write to you ments of the International Convention regarding H.R. 3618, the Clean Hull Act of chemicals that we discharge into it. 2009. This legislation was initially referred to on the Control of Harmful Anti-Foul- They don’t just fall harmlessly into the both the Committee on Transportation and ing Systems on Ships for purposes of bottom and go out of sight. They enter Infrastructure and the Committee on U.S. law. Under the bill, use of toxic into the food chain. Science and Technology. tin-based anti-fouling paints would be I learned in my earliest service on I recognize and appreciate your desire to prohibited. These compounds have had the Merchant Marine and Fisheries bring this legislation before the House in an a very negative significant impact on Committee and on the Merchant Ma- expeditious manner, and, accordingly, I will marine environments when they are waive further consideration of this bill in rine Subcommittee the need to protect Committee. However, agreeing to waive con- leached into the water column from the hull and vessels from fouling, that sideration of this bill should not be con- vessels’ hulls. The United States has our large, deep, draft merchant vessels strued as the Committee on Science and already taken steps to prohibit the use can accumulate up to 6,000 tons of Technology waiving its jurisdiction over of these compounds by prohibiting the plants—yes, plants that will grow and H.R. 3618, or any similar legislation. manufacture or sale of such marine the accumulation on the hulls—and Further, I request your support for the ap- paints. The bill would complete the creatures and shellfish and, of course, pointment of Science and Technology Com- process by allowing the United States the well-known and oft-referenced bar- mittee conferees during any House-Senate to join as a party to the Convention in conference convened on this, or any similar nacles. And that accumulation can legislation. I also ask that a copy of this let- preventing foreign vessels treated with slow down the vessel, can cause up to a ter and your response be placed in the legis- tin-based paints from entering U.S. 40-percent reduction in speed and 40- lative report on H.R. 3618 and the CONGRES- waters. percent increase in fuel. SIONAL RECORD during consideration of this I appreciate the assistance that has And science was enlisted to find a bill. been provided by the Coast Guard and I look forward to working with you as we coating for hulls that would inhibit the EPA during the process to craft plant growth, and they found one: prepare to pass this important legislation. this bill, and I urge all Members to sup- Sincerely, tributyltin. And like so many of these BART GORDON, port the bill. great discoveries, it has terrible side Chairman. I reserve the balance of my time. effects. It is causing shell deformation Mr. CUMMINGS. Mr. Speaker, I now in oysters, neurotoxic and genetic ef- HOUSE OF REPRESENTATIVES, COM- yield 5 minutes to the distinguished fects in other marine species, and it’s MITTEE ON TRANSPORTATION AND chairman of the Transportation Com- been found in the fatty tissue of whales INFRASTRUCTURE, mittee, Congressman OBERSTAR of Min- and dolphins and sharks and other sea Washington, DC, September 29, 2009. nesota. Hon. BART GORDON, creatures. And it just goes on into the Chairman, Committee on Science and Tech- Mr. OBERSTAR. Mr. Speaker, I food chain. It is like PCB on land. We nology, House of Representatives, Rayburn thank the Chair of the subcommittee, have to stop this. House Office Building, Washington, DC. Mr. CUMMINGS, for his leadership on There is happily an international DEAR CHAIRMAN GORDON: I write to you re- this issue, and Mr. LOBIONDO for his convention on toxics in the marine en- garding H.R. 3618, the ‘‘Clean Hull Act of participation in the hearings that 2009’’. vironment, and we need to be a part of we’ve held and the markup in the that. We need to be a leader, even I appreciate your willingness to waive crafting of this very important legisla- rights to further consideration of H.R. 3618, though our merchant fleet has gone notwithstanding the jurisdictional interest tion. It’s an issue that I’ve been deal- downhill. From the time I was elected of the Committee on Science and Tech- ing with for 35 years, since I’ve served and took office in 1975, we had 800 mer- nology. Of course, this waiver does not preju- in the House. chant vessels in the fleet. We were dice any further jurisdictional claims by I started my service, of course, on eighth in the world’s fleets. That was your Committee over this or similar legisla- the Public Works Committee, as it was dead last. tion. Further, I will support your request to called then, but also on the Merchant But at one time we had 25 million be represented in a House-Senate conference Marine and Fisheries Committee, dead weight tons of shipping, we had on those provisions over which the Com- which has jurisdiction over our waters mittee on Science and Technology has juris- 5,500 merchant vessels. We were num- and the water environment and the diction in H.R. 3618. ber one in the world. Well, now the ocean environment. Many years ago I This exchange of letters will be placed in Cosco, the Chinese shipping company, gave a talk to a maritime group and the Committee Report on H.R. 3618 and in- is the number one, they have the great- serted in the CONGRESSIONAL RECORD as part quoted the poet Coleridge, citing our est number of vessels. They have 25 of the consideration of this legislation in the ocean environment and the ocean itself million dead weight tons of merchant House. Thank you for the cooperative spirit as deep, dark, heaving, endless and shipping. in which you have worked regarding this mysterious. matter and others between our respective The SPEAKER pro tempore. The committees. b 1245 time of the gentleman has expired. I look forward to working with you as we Mr. CUMMINGS. I grant the gen- prepare to pass this important legislation. Deep it is. Deeper than perhaps the Sincerely, Himalaya chain. tleman an additional 3 minutes. JAMES L. OBERSTAR, Dark in its greatest depths, heaving Mr. OBERSTAR. I thank the gen- Chairman. in the worst of storms, mysterious, and tleman.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27832 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 And the Maersk fleet of Denmark the United States, further protecting our ma- Whereas the NHTSA researched driver dis- now carrying 13,000 containers on ves- rine environment from this dangerous chem- traction with respect to both behavioral and sels a thousand feet in length, and ical. It also prohibits a person from selling or vehicle safety countermeasures in an effort other behemoths that ply the waters. to understand and mitigate crashes associ- distributing organotin or an antifouling system ated with distracted driving; And they are all accumulating these containing organotin and from applying an Whereas, on September 30, 2009, the De- organisms and this tributyltin mate- antifouling system containing organotin on any partment of Transportation (DOT) Secretary rial being applied to the hulls. And it’s ship to which H.R. 3618 applies. Ray LaHood announced new research find- all being sloughed off into the oceans H.R. 3618 will give the Coast Guard and ings by the NHTSA that show nearly 6,000 So while we are, as a flag-carrier na- Environmental Protection Agency the authority people died in 2008 in crashes involving a dis- tion, small in the picture, our leader- to ban foreign-flag ships from entering the tracted or inattentive driver, and more than ship is still huge. We have to take this United States if they have their hulls covered half a million were injured; step, this important step to prevent Whereas distracted driving was reported to with paint containing TBT. The Convention will have been involved in 16 percent of all fatal the continued pollution of the oceans ultimately replace the OAPCA. crashes in 2008 according to data from the and of their marine life within it so I urge my colleagues to join me in sup- Fatality Analysis Reporting System (FARS); that some day we can return to porting H.R. 3618, the ‘‘Clean Hull Act of Whereas the age group with the greatest Coleridge and find the ocean deep, 2009’’. proportion of distracted drivers was the dark, heaving, endless, and mysterious; Mr. LOBIONDO. Mr. Speaker, I yield under-20 age group, 16 percent of all under-20 and clean, inhabitable, useful for itself back the balance of my time. drivers in fatal crashes were reported to have and for humanity. Mr. CUMMINGS. I yield myself such been distracted while driving; Mr. Speaker, I rise today in strong support time as I may consume. Whereas an estimated 22 percent of injury crashes were reported to have involved dis- of H.R. 3618, the ‘‘Clean Hull Act of 2009’’. I Mr. Speaker, first of all, I want to tracted driving, according to data from the thank the gentleman from Florida (Mr. MICA), just comment and associate myself General Estimates System (GES); the Ranking Member of the Committee on with the words of Chairman OBERSTAR Whereas crashes in which the critical rea- Transportation and Infrastructure, and Coast and add to them that this is our watch, son for the crash was attributed to the driv- Guard and Maritime Transportation Sub- this is a time that we have responsi- er, approximately 18 percent involved dis- committee Chairman CUMMINGS and Ranking bility for this environment and it is traction, according to the National Motor Member LOBIONDO for their bipartisan support our duty to make it even better than Vehicle Crash Causation Survey (NMVCCS); of this much needed legislation. what we found it. I want to thank the Whereas during the 100-Car Naturalistic Enacting H.R. 3618 will make the necessary Driving Study, driver involvement in sec- chairman for his words. They were very ondary tasks contributed to over 22 percent changes in U.S. law to comply with the re- inspiring. of all crashes; quirements of the International Convention on With that, I urge the Members to Whereas everyone traveling on the roads the Control of Harmful Antifouling Systems on vote for H.R. 3618. and highways needs to drive safer to reduce Ships (Convention), which was adopted by the Mr. Speaker, I yield back the balance deaths and injuries resulting from motor ve- International Maritime Organization in October of my time. hicle accidents; 2001 and entered into force on September 17, The SPEAKER pro tempore. The Whereas driver behavior can be effectively 2008. question is on the motion offered by changed through education and awareness; Biological fouling is the unwanted accumula- and the gentleman from Maryland (Mr. Whereas the Sunday after Thanksgiving is tion of microorganisms, plants, and animals on CUMMINGS) that the House suspend the the busiest highway traffic day of the year structures that are exposed to the marine en- rules and pass the bill, H.R. 3618, as and would be appropriate to designate as vironment. Fouling can accelerate corrosion amended. ‘‘Drive Safer Sunday’’: Now, therefore, be it on a vessel’s hull and on offshore and coastal The question was taken; and (two- Resolved, That the House of Representa- marine structures. Antifouling is the process of thirds being in the affirmative) the tives— removing or preventing the accumulation of bi- rules were suspended and the bill, as (1) encourages— ological fouling organisms. amended, was passed. (A) high schools, colleges, universities, ad- In less than six months, a deep draft tank ministrators, teachers, primary schools, and A motion to reconsider was laid on secondary schools to launch campus-wide vessel’s hull can accumulate up to 6,000 tons the table. educational campaigns to urge students to of fouling material if it is not treated with an f be careful about safety when driving; antifouling application. Such fouling can cause (B) national trucking firms to alert their significant economic and environmental im- DRIVE SAFER SUNDAY drivers to be especially focused on driving pacts by increasing a vessel’s fuel consump- Mr. BISHOP of New York. Mr. Speak- safely during the heaviest traffic day of the tion by up to 40 percent. Biological fouling has er, I move to suspend the rules and year, and to publicize the importance of the also been a conduit for the transfer of invasive day using Citizen’s Band (CB) radios and in agree to the resolution (H. Res. 841) ex- truck stops across the Nation; species into ecosystems. pressing support for designation of No- Over the past 50 years, there have been a (C) clergy to remind their members to vember 29, 2009, as ‘‘Drive Safer Sun- travel safely when attending services and number of antifouling substances used to treat day’’. gatherings; structures, but the most toxic to date has been The Clerk read the title of the resolu- (D) law enforcement personnel to remind tributyltin (TBT). Over time, TBT has been tion. drivers and passengers to drive safer; and found in marine animals (including dolphins The text of the resolution is as fol- (E) all people of the United States to use and whales) and in the waters of marinas, lows: this as an opportunity to educate themselves ports, harbors, open seas, and oceans. TBT about the dangers of distracted driving and H. RES. 841 has caused significant environmental and highway safety; and monetary impact by causing shell deforma- Whereas motor vehicle travel is the pri- (2) supports the designation of ‘‘Drive mary means of transportation in the United Safer Sunday’’. tions in oysters, and neurotoxic and genetic States; effects in other marine species. The SPEAKER pro tempore. Pursu- Whereas the National Highway Traffic ant to the rule, the gentleman from Since 2000, the Environmental Protection Safety Administration (NHTSA) estimates Agency has prohibited the sale or application that 37,313 people, or more than 100 drivers a New York (Mr. BISHOP) and the gen- of paints containing TBT in the United States day, were killed in motor vehicle traffic tleman from New Jersey (Mr. LOBI- by enforcing the Organotin Anti-Fouling Paint crashes in 2008; ONDO) will each control 20 minutes. Control Act of 1988 (OAPCA). In OAPCA, Whereas the term ‘‘distracted driving’’ re- The Chair recognizes the gentleman organotin-based antifouling paints are prohib- fers to anything that takes your eyes, hands, from New York. or mind away from driving, including food GENERAL LEAVE ited on some vessels less than 25 meters and and beverages, traffic accidents, adjusting the leaching rate of antifouling paints on larger the radio, children, pets, objects moving in Mr. BISHOP of New York. Mr. Speak- vessels is limited. the vehicle, talking or texting on a cell er, I ask unanimous consent that all H.R. 3618 will ban all vessels using phone, smoking, putting on makeup, shav- Members may have 5 legislative days antifouling paint containing TBT from entering ing, and reading; within which to revise and extend their

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27833 remarks and include extraneous mate- busy Thanksgiving holiday. With driv- The Department of Transportation’s rial on H. Res. 841. ers from every region of the U.S. trav- recent distracted driving summit put a The SPEAKER pro tempore. Is there eling for the holidays, the Sunday after spotlight on this issue as well. Most objection to the request of the gen- Thanksgiving is one of the busiest car accidents are caused by drivers not tleman from New York? highway traffic days of the year, and paying attention according to the ad- There was no objection. one of the deadliest as well. ministration. Mr. BISHOP of New York. Mr. Speak- During the 2008 Thanksgiving season Improving roadway safety is a top er, I yield myself such time as I may alone, 389 passenger vehicle occupants priority not only for the Transpor- consume. were killed in motor vehicle accidents tation and Infrastructure Committee Mr. Speaker, I rise in strong support nationwide. This Thanksgiving we can but the House of Representatives as of H. Res. 841, a resolution that sup- all play a role in reducing these num- well. While we are still in the forma- ports the designation of November 29, bers through the commonsense rec- tive stages of establishing a Federal 2009, as Drive Safer Sunday, and en- ommendations in this resolution. legislative policy consensus, it is im- courages the greater education and I again thank the gentleman from portant that we do not delay in deploy- awareness of the growing dangers Pennsylvania (Mr. GERLACH) for high- ing important educational and aware- caused by distracted driving on the Na- lighting this important issue, and I ness outreach efforts, and this resolu- tion’s roadways. I thank the gentleman urge my colleagues to join me in sup- tion attempts to do just that. from Pennsylvania (Mr. GERLACH) for porting H. Res. 841. This resolution, which we have called introducing this resolution ahead of I reserve the balance of my time. the Drive Safer Sunday resolution, the Thanksgiving holiday as part of a Mr. LOBIONDO. Mr. Speaker, I rise in simply designates November 29, the growing effort to combat this dan- strong support of the resolution but at Sunday after Thanksgiving and the gerous trend. this point I would like to yield to the busiest highway traffic day of the year, Improving roadway safety is a top gentleman from Pennsylvania (Mr. as Drive Safer Sunday and encourages priority of our national transportation GERLACH) such time as he may con- all people in the country to use this as policy. Through the coordinated efforts sume. an opportunity to educate themselves of the Congress, the Department of Mr. GERLACH. Mr. Speaker, I thank and others about the dangers of dis- Transportation, States, local govern- the gentleman for his support of the tracted driving and highway safety. ments, and community leaders, we resolution and for yielding his time. This resolution would encourage can—and we must—take steps to re- A special thank you to my good schools, trucking firms, clergy, and law duce the alarming numbers of fatali- friend from New York (Mr. BISHOP) for enforcement to launch educational ties on the Nation’s roadways each his leadership on this issue and also for campaigns to urge students, members, year. his words this afternoon in support of and citizens to be careful about safety On average over the past 5 years, this resolution, and also thanks to the and driving. over 41,500 people annually have lost chairman, Chairman OBERSTAR; the Motor vehicle travel is the primary their lives in vehicle crashes resulting ranking member, Mr. MICA; the sub- means of travel in the United States, in yearly costs of $289 billion to the committee chair, Mr. DEFAZIO; and and the administration estimates that United States economy. Despite these subcommittee ranking member, Mr. 37,315 people—or more than 100 drivers startling statistics, the public has in DUNCAN, for their support of this reso- a day—were killed in motor vehicle many ways come to accept traffic fa- lution as well. crashes in 2008. As we approach the talities as unavoidable. As my colleagues on the Transpor- busiest traffic day of the year, every- Recently, a number of high-profile tation and Infrastructure Committee one traveling on the roads and high- accidents have brought public scrutiny and I have heard at recent hearings, ways needs to be aware of the risks as- on the dangers of distracted driving, the issue of distracted driving has been sociated with distracted driving and particularly texting while driving. This gaining a lot of attention recently, and drive safer to reduce deaths and inju- attention has led to a growing con- rightfully so. On September 30, 2009, ries resulting from motor vehicle acci- sensus that tasks that require drivers Secretary Ray LaHood announced new dents. to divert attention from the road—such research findings by the National High- This resolution is a reminder of the as dialing of a cell phone or sending way Traffic Safety Administration personal responsibility each driver ac- text messages—undermine driver per- that show nearly 6,000 people died in cepts every time they put their key in formance and must be combated. 2008 in crashes involving a distracted the ignition, and we can all do little According to the National Highway or inattentive driver, and more than things to make the roads safer and be Traffic Safety Administration, in 2008, half a million were injured. more considerate of the other motor- 5,870 people lost their lives and an esti- While the most recognized form of ists. mated 515,000 people were injured in po- distracted driving is talking or texting I thank the gentleman from New lice-reported crashes in which at least on the cell phone, the term ‘‘distracted York (Mr. BISHOP) for his kind support one form of driver distraction was cited driving’’ actually refers to anything of this resolution. on the crash report. Driver distraction that takes your eyes, hands, or mind was reported to have been involved in away from driving—including food and b 1300 16 percent of all fatal crashes in 2008, beverages, traffic accidents, adjusting Mr. BISHOP of New York. Mr. Speak- increasing from 12 percent in 2004. the radio, children and pets in the vehi- er, I yield such time as he may con- Addressing this troubling number of cle, smoking, putting on makeup, shav- sume to the chairman of the Transpor- fatalities on our roadways will require ing and reading—all of these behaviors tation Committee, the gentleman from a comprehensive approach to highway need highlighting. Minnesota (Mr. OBERSTAR). safety. That is why it is important dur- As my colleague from Oregon, Chair- Mr. OBERSTAR. Mr. Speaker, I ing periods of above-average risk that man DEFAZIO, said during our commit- thank the gentleman for yielding. we do everything in our power to in- tee’s hearing on distracted driving, I want to thank Mr. BISHOP for his form the driving public about the im- ‘‘More research needs to be done so we leadership on this issue, but especially portance of driving safety, remaining can fully understand the extent of this the gentleman from Pennsylvania (Mr. focused on the primary task at hand of problem, but the research that has GERLACH) who had the foresight and operating a vehicle, and avoiding the been done shows a growing consensus the tenacity of concern to draft this many distractions that have caused so the tasks that require the driver to di- resolution and call national attention many unnecessary accidents. vert their eyes from the road and/or to the subject of safe driving, particu- This resolution brings much-needed their hands from the steering wheel larly on this busiest travel weekend of awareness to the threats posed by road- pose a serious distraction that under- the year, the Thanksgiving holiday way fatalities, particularly around the mines driver performance.’’ time.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27834 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 It is particularly poignant to me as to ban cell phone use. In Portugal, it is AAA has also launched a state legislative nearly every year our daughter, Noelle; a crime to use a cell phone while driv- campaign to pass laws banning text mes- her husband, Todd; granddaughters, ing. Whether you are involved in an ac- saging while driving in all 50 states by 2013. Emma, Lily, and Coryn, drive from Ke- cident or not, traffic police are author- Enacting texting while driving bans is an im- portant step in reducing the incidence of this nosha, Wisconsin, to Washington for ized to arrest persons who can then be dangerous practice among motorists nation- Thanksgiving and back, 13-plus hours prosecuted as criminals for using cell wide. We’ll also continue our work through on the road. This year they are flying. phones while driving. The European public education, driver training, and other My daughter Corrine and her husband, community is serious about this, and safety programs to discourage motorists Steve, will come down from Pennsyl- we need to get serious as well. from engaging in the broad range of distrac- vania near Mr. GERLACH’s district and This resolution will move us into a tions that tempt them while behind the drive back, and it always bothers me greater awareness, a broader general wheel. there is so much traffic in the I–95 cor- awareness of the need for improved at- AAA and a number of other safety groups recently sent a letter urging Congress to ridor which is so heavily traveled. tention to safety. Our transportation bill that has been take a comprehensive approach to the issue It takes me back to the beginning of of distracted driving. We urge Congress to the interstate highway system, the reported from subcommittee and ready support funding for research, data collection, driving force behind the interstate. Far to come to the House floor will double public education, law enforcement and road- more than congestion on the Nation’s the investment, over 6 years, in high- way countermeasures. roadways, movement of goods and peo- way safety to $12-plus billion over 6 We support your goal of drawing public at- ple, was the prospect in 1955, the rising years. That is what we need to do. We tention to the dangers of distracted driving number of highway fatalities, that if have funding for awareness programs and the importance of traffic safety. Thank you for your leadership on this important we didn’t do something, in less than a and we have funding for increased driv- er training and driver education re- issue. decade, more than 100,000 people would Sincerely, sponsibility and more truck safety. be dying on the Nation’s roadways. JILL INGRASSIA, My predecessor, John Blatnik, who There are a whole range of initiatives Managing Director, Government Relations was one of the five coauthors of the that need to be undertaken and need to and Traffic Safety Advocacy. interstate highway system, told me re- be funded. We need a 6-year transpor- AAA 10 TIPS TO MINIMIZE DISTRACTED peatedly when I was his administrative tation bill to do that. This administra- DRIVING assistant that that was the driving tion needs to get on board with us, not AAA and the AAA Foundation for Traffic force, the fear that we would continue spend the next year dithering about Safety will be asking motorists to partici- to have carnage on the Nation’s road- what kind of bill we need to have. We pate by making Heads Up Driving Week a ways, that drove the Congress, that have got the bill. We have the ideas. distraction-free week of driving. Using a cell phone, text messaging, or pushed the Eisenhower administration We have the initiatives and the public support. We need to move ahead with emailing are just some of many possible dis- to taking action to revive the study tractions that divert drivers’ attention. Eat- initiated under then-President Roo- this bill. ing, talking with passengers, reading maps sevelt just before the end of World War Thank heavens for this resolution or the newspaper, writing, personal groom- II that resulted in a recommendation that will increase public awareness in ing, and looking at things outside the vehi- of a 44,000-mile highway network for this very critical time of year. Many cle are among countless activities that could the continental United States. millions of our fellow citizens take to create a substantial crash risk. Eisenhower then designated General the highways. They need to take to the Below are 10 quick and easy ways drivers highways safely and come home safely. can minimize distractions. Lucius Clay to resurrect that study. 1. Plan Ahead. Read maps and check traffic The Clay Commission came back and Mr. LOBIONDO. Mr. Speaker, again I rise in strong support of the resolution conditions before you get on the road. reported what became the National 2. Stow Electronic Devices. Turn off your System of Interstate and Defense High- and remind my colleagues that during phone before you drive so you won’t be ways. this holiday season we have an oppor- tempted to use it while on the road. Pull Fatalities were in the range of 55,000 tunity to help remind drivers of the over to a safe place to talk on the phone or a year. We brought that down over 50 harmful consequences of distracted to send and receive text messages or emails. years to 43,000. Half of those are related driving and that harmful consequence 3. Prepare Kids and Pets for the Trip. Get on loved ones and others. So I encour- the kids safely buckled in and situated with to alcohol. Half of the fatal accidents snacks and entertainment before you start are urban residents driving on rural age all Members of Congress to join me in supporting this resolution. driving. If they need additional attention roads not accustomed to obstructed during the trip, pull off the road safely to I would like to insert into the CON- line of sight, to blind intersections, to care for them. Similarly, prepare and secure ground fog, to whiteouts at intersec- GRESSIONAL RECORD correspondence re- pets appropriately in your vehicle before get- tions during winter months. So half of ceived from the AAA organization. ting underway. the fatalities occur in rural areas. Half TRIPLE A, 4. Satisfy that Craving Off the Road. Eat of those who die in rural areas are from Washington, DC, November 2, 2009. meals and snacks before getting behind the Hon. JIM GERLACH, wheel, or stop to eat and take a break if urban centers. House of Representatives, driving long-distance. We are all engaged together in the Washington, DC. 5. Store Loose Gear and Possessions. Stash need for a safer driving environment. It DEAR CONGRESSMAN GERLACH: AAA sup- away loose objects that could roll around was bad enough to have alcohol and ports your resolution on distracted driving, and take your attention away from driving. drug abuse, but now distracted driving. H. Res. 841, to designate November 29, 2009, 6. Get Your Vehicle Road-Ready. Adjust Mr. BISHOP referenced the Sec- as ‘‘Drive Safer Sunday.’’ Your effort is in seat positions, climate controls, sound sys- retary’s summit, as did Mr. GERLACH, line with our own work to raise public tems and other devices before you leave or on distracted driving just a few weeks awareness of the dangers posed by distracted while your vehicle is stopped. Make sure driving. your headlights are spotless so you can see ago. The Secretary is on his way to a Recently, AAA and the AAA Foundation everything on the road and every other driv- conference in Moscow on safe driving. for Traffic Safety encouraged all drivers to er can see you better. He left yesterday to lead the way participate in ‘‘Heads Up Driving Week’’ 7. Dress for Success Before You Get in the among industrialized nations of the from October 5–11. We asked drivers to take Car. Your car isn’t a dressing room. Brush world to develop better information a first step toward driving distraction-free your hair, shave, put on make-up, and tie and take stronger action to improve by trying it for one week, and then con- your necktie before you leave or once you safety on our roadways. tinuing that good habit for life. Drivers were reach your destination. The European Commission, in 5 urged to sign a pledge committing to dis- 8. Get Your Brain in the Game. Focus on traction-free driving, and were provided 10 the task at hand—driving safely. Scan the years, has reduced their highway fatal- tips on how to eliminate distractions from road, use mirrors and practice commentary ity from 55,000 a year to 43,000 in just 5 their daily travel. For your information, I driving, identifying orally events and condi- years. A centerpiece of their action in am enclosing the 10 tips that support the tions you may have to react to. Really focus- the European Transport Ministry was campaign. ing on maintaining your thoughts about the

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27835 road, when you’re on the road, can help en- ing System, FARS. The age group with the Sec. 1. Short title; table of contents. hance your engagement, your overall aware- greatest proportion of distracted drivers was Sec. 2. Findings. ness and behavior as a driver, and help you the under-20 age group, 16 percent of all Sec. 3. Cruise vessel security and safety see the importance of ‘‘being in the game.’’ requirements. 9. Evaluate Your Own Behavior From the under-20 drivers in fatal crashes were re- Sec. 4. Study and report on the security Other Side of the Road. When you’re on the ported to have been distracted while driving. needs of passenger vessels. road as a passenger or a pedestrian, take a Crashes in which the critical reason for the look around and honestly evaluate whether crash was attributed to the driver, approxi- SEC. 2. FINDINGS. you might have some of the same driving be- mately 18 percent involved distraction, accord- The Congress makes the following findings: haviors as those who you’re a little worried ing to the National Motor Vehicle Crash Cau- (1) There are approximately 200 overnight about as a passenger or pedestrian. sation Survey, NMVCCS. ocean-going cruise vessels worldwide. The 10. Enlist Passengers. Ask a passenger to While traveling on our roads and highways, average ocean-going cruise vessel carries help you with activities that may be dis- 2,000 passengers with a crew of 950 people. tracting. we all need to drive safer to reduce deaths (2) In 2007 alone, approximately 12,000,000 These tips and further information about and injuries resulting from motor vehicle acci- passengers were projected to take a cruise distracted driving are available at dents. Driver behavior can be effectively worldwide. www.AAAFoundation.org/HeadsUp. changed through education and awareness. (3) Passengers on cruise vessels have an in- I yield back the balance of my time. The Sunday after Thanksgiving is the busiest adequate appreciation of their potential vul- Ms. JACKSON-LEE of Texas. Mr. Speaker, highway traffic day of the year and would be nerability to crime while on ocean voyages, I rise today in support of H. Res 841, which appropriate to be designated as ‘‘Drive Safer and those who may be victimized lack the in- will designate November 29, 2009, as ‘‘Drive Sunday.’’ formation they need to understand their Safer Sunday’’. I strongly support the passage Mr. BISHOP of New York. Mr. Speak- legal rights or to know whom to contact for help in the immediate aftermath of the of this resolution because at some point in er, let me just close by thanking the crime. time, all of our lives have been or will be in gentleman from Pennsylvania (Mr. (4) Sexual violence, the disappearance of the hands of a driver. Motor vehicle travel is GERLACH) for his leadership on this passengers from vessels on the high seas, and the primary means of transportation for most issue. Let me also thank the chairman other serious crimes have occurred during of us here in the United States. Advocating of the committee, Mr. OBERSTAR, for luxury cruises. safer driving methods will help save the lives moving this resolution through the (5) Over the last 5 years, sexual assault and of countless mothers, daughters, fathers and committee so rapidly and bringing it to physical assaults on cruise vessels were the sons. Losing the people we love due to an- the floor so quickly. Let me also echo leading crimes investigated by the Federal Bureau of Investigation with regard to cruise other drivers’ lack of attention, carelessness or the chairman’s comments with respect vessel incidents. belligerent intoxication while driving is inexcus- to the urgency and the desirability of (6) These crimes at sea can involve attacks able. passing a robust reauthorization of the both by passengers and crew members on According to the U.S. Census Bureau’s highway transportation bill as quickly other passengers and crew members. American Community Survey, in 2005, Ameri- as we possibly can. (7) Except for United States flagged ves- cans now spend more than 100 hours a year I yield back the balance of my time. sels, or foreign flagged vessels operating in commuting to work. The National Highway The SPEAKER pro tempore. The an area subject to the direct jurisdiction of Traffic Safety Administration, NHTSA, esti- question is on the motion offered by the United States, there are no Federal stat- mates that in 2009, 37,313 people, an aver- utes or regulations that explicitly require the gentleman from New York (Mr. cruise lines to report alleged crimes to age of more than 100 drivers a day, were BISHOP) that the House suspend the United States Government officials. killed in motor vehicle traffic crashes. Through- rules and agree to the resolution, H. (8) It is not known precisely how often out the first half of this year, the National Res. 841. crimes occur on cruise vessels or exactly how Highway Traffic Safety Administration, The question was taken. many people have disappeared during ocean NHTSA, has reported over 16,000 deaths. The SPEAKER pro tempore. In the voyages because cruise line companies do Throughout 2008 in Houston, my home dis- opinion of the Chair, two-thirds being not make comprehensive, crime-related data trict, the 18th District of Texas, there were an in the affirmative, the ayes have it. readily available to the public. estimated 74 fatalities according to the Texas (9) Obtaining reliable crime-related cruise Mr. BISHOP of New York. Mr. Speak- data from governmental sources can be dif- Department of Transportation, TxDOT. er, on that I demand the yeas and nays. ficult, because multiple countries may be in- Between driving to work, taking our kids to The yeas and nays were ordered. volved when a crime occurs on the high seas, school, running to the grocery store and var- The SPEAKER pro tempore. Pursu- including the flag country for the vessel, the ious other errands; for many of us, our high- ant to clause 8 of rule XX and the country of citizenship of particular pas- ways and byways become a home away from Chair’s prior announcement, further sengers, and any countries having special or home. Unfortunately, distracted drivers have proceedings on this motion will be maritime jurisdiction. endangered us all with careless antics. ‘Dis- postponed. (10) It can be difficult for professional tracted driving’ includes anything that takes crime investigators to immediately secure f your eyes, hands, or mind away from driving, an alleged crime scene on a cruise vessel, re- cover evidence of an onboard offense, and including food and beverages, traffic acci- CRUISE VESSEL SECURITY AND identify or interview potential witnesses to dents, adjusting the radio, children, pets, ob- SAFETY ACT OF 2009 the alleged crime. jects moving in the vehicle, talking or texting Mr. CUMMINGS. Mr. Speaker, I move (11) Most cruise vessels that operate into on a cell phone, smoking, putting on on make- to suspend the rules and pass the bill and out of United States ports are registered up, shaving, and reading. (H.R. 3360) to amend title 46, United under the laws of another country, and in- The National Highway Traffic Safety Admin- vestigations and prosecutions of crimes States Code, to establish requirements against passengers and crew members may istration, NHTSA, conducted a study on driver to ensure the security and safety of distraction with respect to both behavioral and involve the laws and authorities of multiple passengers and crew on cruise vessels, nations. vehicle safety countermeasures in an effort to and for other purposes, as amended. (12) The Coast Guard has found it nec- understand and mitigate crashes associated The Clerk read the title of the bill. essary to establish 500-yard security zones with distracted driving. In September of this The text of the bill is as follows: around cruise vessels to limit the risk of ter- year, the Department of Transportation, DOT, rorist attack. Recently piracy has dramati- H.R. 3360 Secretary Ray LaHood announced research cally increased throughout the world. findings by the National Highway Traffic Safety Be it enacted by the Senate and House of (13) To enhance the safety of cruise pas- Representatives of the United States of America sengers, the owners of cruise vessels could Administration, NHTSA, that showed nearly in Congress assembled, 6,000 people died in 2008 in crashes involving upgrade, modernize, and retrofit the safety SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and security infrastructure on such vessels a distracted or inattentive driver, and more (a) SHORT TITLE.—This Act may be cited as by installing peep holes in passenger room than half a million were injured. Distracted the ‘‘Cruise Vessel Security and Safety Act doors, installing security video cameras in driving was reported to have been involved in of 2009’’. targeted areas, limiting access to passenger 16 percent of all fatal crashes in 2008, accord- (b) TABLE OF CONTENTS.—The table of con- rooms to select staff during specific times, ing to data from the Fatality Analysis Report- tents for this Act is as follows: and installing acoustic hailing and warning

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CRUISE VESSEL SECURITY AND SAFETY and other medications designed to prevent leased to the cruise line or any legal rep- REQUIREMENTS. sexually transmitted diseases after a sexual resentative thereof without the prior knowl- (a) IN GENERAL.—Chapter 35 of title 46, assault; edge and approval in writing of the patient, United States Code, is amended by adding at ‘‘(2) maintain on the vessel equipment and or, if the patient is unable to provide written the end the following: materials for performing a medical examina- authorization, the patient’s next-of-kin. ‘‘§ 3507. Passenger vessel security and safety tion in sexual assault cases to evaluate the ‘‘(f) CREW ACCESS TO PASSENGER STATE- requirements patient for trauma, provide medical care, ROOMS.—The owner of a vessel to which this ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUC- and preserve relevant medical evidence; section applies shall— TION, AND RETROFITTING REQUIREMENTS.— ‘‘(3) make available on the vessel at all ‘‘(1) establish and implement procedures ‘‘(1) IN GENERAL.—Each vessel to which this times medical staff who have undergone a and restrictions concerning— subsection applies shall comply with the fol- credentialing process to verify that he or ‘‘(A) which crew members have access to lowing design and construction standards: she— passenger staterooms; and ‘‘(A) The vessel shall be equipped with ship ‘‘(A) possesses a current physician’s or reg- ‘‘(B) the periods during which they have rails that are located not less than 42 inches istered nurse’s license and— that access; and above the cabin deck. ‘‘(i) has at least 3 years of post-graduate or ‘‘(2) ensure that the procedures and restric- ‘‘(B) Each passenger stateroom and crew post-registration clinical practice in general tions are fully and properly implemented and cabin shall be equipped with entry doors that and emergency medicine; or periodically reviewed. include peep holes or other means of visual ‘‘(ii) holds board certification in emer- ‘‘(g) LOG BOOK AND REPORTING REQUIRE- identification. gency medicine, family practice medicine, or MENTS.— ‘‘(C) For any vessel the keel of which is internal medicine; ‘‘(1) IN GENERAL.—The owner of a vessel to laid after the date of enactment of the Cruise ‘‘(B) is able to provide assistance in the which this section applies shall— Vessel Security and Safety Act of 2009, each event of an alleged sexual assault, has re- ‘‘(A) record in a log book, either electroni- passenger stateroom and crew cabin shall be ceived training in conducting forensic sexual cally or otherwise, in a centralized location equipped with— assault examination, and is able to promptly readily accessible to law enforcement per- ‘‘(i) security latches; and perform such an examination upon request sonnel, a report on— ‘‘(ii) time-sensitive key technology. and provide proper medical treatment of a ‘‘(i) all complaints of crimes described in ‘‘(D) The vessel shall integrate technology victim, including administration of anti- paragraph (3)(A)(i), that can be used for capturing images of pas- retroviral medications and other medica- ‘‘(ii) all complaints of theft of property sengers or detecting passengers who have tions that may prevent the transmission of valued in excess of $1,000, and fallen overboard, to the extent that such human immunodeficiency virus and other ‘‘(iii) all complaints of other crimes, technology is available. sexually transmitted diseases; and committed on any voyage that embarks or ‘‘(E) The vessel shall be equipped with a ‘‘(C) meets guidelines established by the disembarks passengers in the United States; sufficient number of operable acoustic hail- American College of Emergency Physicians and ing or other such warning devices to provide relating to the treatment and care of victims ‘‘(B) make such log book available upon re- communication capability around the entire of sexual assault; quest to any agent of the Federal Bureau of vessel when operating in high risk areas (as ‘‘(4) prepare, provide to the patient, and Investigation, any member of the Coast defined by the Coast Guard). maintain written documentation of the find- Guard, and any law enforcement officer per- ‘‘(2) FIRE SAFETY CODES.—In administering ings of such examination that is signed by forming official duties in the course and the requirements of paragraph (1)(C), the the patient; and scope of an investigation. Secretary shall take into consideration fire ‘‘(5) provide the patient free and imme- ‘‘(2) DETAILS REQUIRED.—The information safety and other applicable emergency re- diate access to— recorded under paragraph (1) shall include, quirements established by the Coast Guard ‘‘(A) contact information for local law en- at a minimum— and under international law, as appropriate. forcement, the Federal Bureau of Investiga- ‘‘(A) the vessel operator; ‘‘(3) EFFECTIVE DATE.— tion, the Coast Guard, the nearest United ‘‘(B) the name of the cruise line; ‘‘(A) IN GENERAL.—Except as provided in States consulate or embassy, and the Na- ‘‘(C) the flag under which the vessel was subparagraph (B), the requirements of para- tional Sexual Assault Hotline program or operating at the time the reported incident graph (1) shall take effect 18 months after other third party victim advocacy hotline occurred; the date of enactment of the Cruise Vessel service; and ‘‘(D) the age and gender of the victim and Security and Safety Act of 2009. ‘‘(B) a private telephone line and Internet- the accused assailant; ‘‘(B) LATCH AND KEY REQUIREMENTS.—The accessible computer terminal by which the ‘‘(E) the nature of the alleged crime or requirements of paragraph (1)(C) take effect individual may confidentially access law en- complaint, as applicable, including whether on the date of enactment of the Cruise Ves- forcement officials, an attorney, and the in- the alleged perpetrator was a passenger or a sel Security and Safety Act of 2009. formation and support services available crew member; ‘‘(b) VIDEO RECORDING.— through the National Sexual Assault Hotline ‘‘(F) the vessel’s position at the time of the ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL- program or other third party victim advo- incident, if known, or the position of the ves- LANCE.—The owner of a vessel to which this cacy hotline service. sel at the time of the initial report; section applies shall maintain a video sur- ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT ‘‘(G) the time, date, and method of the ini- veillance system to assist in documenting EXAMINATION AND SUPPORT INFORMATION.— tial report and the law enforcement author- crimes on the vessel and in providing evi- The master or other individual in charge of ity to which the initial report was made; dence for the prosecution of such crimes, as a vessel to which this section applies shall— ‘‘(H) the time and date the incident oc- determined by the Secretary. ‘‘(1) treat all information concerning an curred, if known; ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner examination under subsection (d) confiden- ‘‘(I) the total number of passengers and the of a vessel to which this section applies shall tial, so that no medical information may be total number of crew members on the voy- provide to any law enforcement official per- released to the cruise line or other owner of age; and forming official duties in the course and the vessel or any legal representative thereof ‘‘(J) the case number or other identifier scope of an investigation, upon request, a without the prior knowledge and approval in provided by the law enforcement authority copy of all records of video surveillance that writing of the patient, or, if the patient is to which the initial report was made. the official believes may provide evidence of unable to provide written authorization, the ‘‘(3) REQUIREMENT TO REPORT CRIMES AND a crime reported to law enforcement offi- patient’s next-of-kin, except that nothing in OTHER INFORMATION.— cials. this paragraph prohibits the release of— ‘‘(A) IN GENERAL.—The owner of a vessel to ‘‘(c) SAFETY INFORMATION.—The owner of a ‘‘(A) information, other than medical find- which this section applies (or the owner’s vessel to which this section applies shall pro- ings, necessary for the owner or master of designee)— vide in each passenger stateroom, and post the vessel to comply with the provisions of ‘‘(i) shall contact the nearest Federal Bu- in a location readily accessible to all crew subsection (g) or other applicable incident reau of Investigation Field Office or Legal and in other places specified by the Sec- reporting laws; Attache by telephone as soon as possible retary, information regarding the locations ‘‘(B) information to secure the safety of after the occurrence on board the vessel of of the United States embassy and each con- passengers or crew on board the vessel; or an incident involving homicide, suspicious sulate of the United States for each country ‘‘(C) any information to law enforcement death, a missing United States national, kid- the vessel will visit during the course of the officials performing official duties in the napping, assault with serious bodily injury, voyage. course and scope of an investigation; and any offense to which section 2241, 2242, 2243, ‘‘(d) SEXUAL ASSAULT.—The owner of a ves- ‘‘(2) treat any information derived from, or or 2244 (a) or (c) of title 18 applies, firing or sel to which this section applies shall— obtained in connection with, post-assault tampering with the vessel, or theft of money

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or property in excess of $10,000 to report the ‘‘(i) PROCEDURES.—Within 6 months after member onboard who is certified as having incident; the date of enactment of the Cruise Vessel successfully completed training in the pre- ‘‘(ii) shall furnish a written report of the Security and Safety Act of 2009, the Sec- vention, detection, evidence preservation, incident to the Secretary via an Internet retary shall issue guidelines, training cur- and reporting of criminal activities in the based portal; ricula, and inspection and certification pro- international maritime environment on pas- ‘‘(iii) may report any serious incident that cedures necessary to carry out the require- senger vessels under subsection (a). does not meet the reporting requirements of ments of this section. ‘‘(d) INTERIM TRAINING REQUIREMENT.—No clause (i) and that does not require imme- ‘‘(j) REGULATIONS.—The Secretary of vessel to which this section applies may diate attention by the Federal Bureau of In- Transportation and the Commandant shall enter a United States port on a voyage (or vestigation via the Internet based portal each issue such regulations as are necessary voyage segment) on which a United States maintained by the Secretary of Transpor- to implement this section. citizen is a passenger unless there is at least tation; and ‘‘(k) APPLICATION.— 1 crew member onboard who has been prop- ‘‘(iv) may report any other criminal inci- ‘‘(1) IN GENERAL.—This section and section erly trained in the prevention, detection, dent involving passengers or crew members, 3508 apply to a passenger vessel (as defined in evidence preservation and the reporting re- or both, to the proper State or local govern- section 2101(22)) that— quirements of criminal activities in the ment law enforcement authority. ‘‘(A) is authorized to carry at least 250 pas- international maritime environment. The ‘‘(B) INCIDENTS TO WHICH SUBPARAGRAPH (A) sengers; owner of such a vessel shall maintain certifi- APPLIES.—Subparagraph (A) applies to an in- ‘‘(B) has onboard sleeping facilities for cation or other documentation, as prescribed cident involving criminal activity if— each passenger; by the Secretary, verifying the training of ‘‘(i) the vessel, regardless of registry, is ‘‘(C) is on a voyage that embarks or dis- such individual and provide such documenta- owned, in whole or in part, by a United embarks passengers in the United States; tion upon request for inspection in connec- States person, regardless of the nationality and tion with enforcement of the provisions of of the victim or perpetrator, and the inci- ‘‘(D) is not engaged on a coastwise voyage. this section. This subsection shall take ef- dent occurs when the vessel is within the ad- ‘‘(2) FEDERAL AND STATE VESSELS.—This fect 1 year after the date of enactment of the miralty and maritime jurisdiction of the section and section 3508 do not apply to a Cruise Vessel Safety and Security Act of 2009 United States and outside the jurisdiction of vessel that is owned and operated by the and shall remain in effect until superseded any State; United States Government or a vessel that is by the requirements of subsection (c). ‘‘(ii) the incident concerns an offense by or owned and operated by a State. ‘‘(e) CIVIL PENALTY.—Any person that vio- against a United States national committed ‘‘(l) OWNER DEFINED.—In this section and lates this section or a regulation under this outside the jurisdiction of any nation; section 3508, the term ‘owner’ means the section shall be liable for a civil penalty of ‘‘(iii) the incident occurs in the Territorial owner, charterer, managing operator, mas- not more than $50,000. Sea of the United States, regardless of the ter, or other individual in charge of a vessel. ‘‘(f) DENIAL OF ENTRY.—The Secretary may nationality of the vessel, the victim, or the ‘‘§ 3508. Crime scene preservation training for deny entry into the United States to a vessel perpetrator; or passenger vessel crew members to which this section applies if the owner of ‘‘(iv) the incident concerns a victim or per- the vessel— ‘‘(a) IN GENERAL.—Within 1 year after the petrator who is a United States national on date of enactment of the Cruise Vessel Secu- ‘‘(1) commits an act or omission for which a vessel during a voyage that departed from a penalty may be imposed under subsection or will arrive at a United States port. rity and Safety Act of 2009, the Secretary, in consultation with the Director of the Fed- (e); or ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA eral Bureau of Investigation and the Mari- ‘‘(2) fails to pay a penalty imposed on the INTERNET.— time Administrator, shall develop training owner under subsection (e).’’. ‘‘(A) WEBSITE.—The Secretary of Transpor- (b) CLERICAL AMENDMENT.—The table of standards and curricula to allow for the cer- tation shall maintain a statistical compila- contents for such chapter is amended by add- tification of passenger vessel security per- tion of all incidents described in paragraph ing at the end the following: (3)(A)(i) on an Internet site that provides a sonnel, crew members, and law enforcement officials on the appropriate methods for pre- ‘‘3507. Passenger vessel security and safety numerical accounting of the missing persons requirements. and alleged crimes recorded in each report vention, detection, evidence preservation, ‘‘3508. Crime scene preservation training filed under paragraph (3)(A)(i) that are no and reporting of criminal activities in the for passenger vessel crew members.’’. longer under investigation by the Federal international maritime environment. The Bureau of Investigation. The data shall be Administrator of the Maritime Administra- SEC. 4. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS. updated no less frequently than quarterly, tion may certify organizations in the United (a) IN GENERAL.—Within 3 months after the aggregated by— States and abroad that offer the curriculum date of enactment of this Act, the Secretary ‘‘(i) cruise line, with each cruise line iden- for training and certification under sub- of the department in which the Coast Guard tified by name; and section (c). is operating shall conduct a study of the se- ‘‘(ii) whether each crime was committed by ‘‘(b) MINIMUM STANDARDS.—The standards curity needs of passenger vessels depending a passenger or a crew member. established by the Secretary under sub- on number of passengers on the vessels, and ‘‘(B) ACCESS TO WEBSITE.—Each cruise line section (a) shall include— report to the Congress findings of the study taking on or discharging passengers in the ‘‘(1) the training and certification of vessel and recommendations for improving security United States shall include a link on its security personnel, crew members, and law on those vessels. Internet website to the website maintained enforcement officials in accordance with ac- (b) REPORT CONTENTS.—In recommending by the Secretary under subparagraph (A). cepted law enforcement and security guide- appropriate security on those vessels, the re- ‘‘(h) ENFORCEMENT.— lines, policies, and procedures, including rec- port shall take into account typical crew ‘‘(1) PENALTIES.— ommendations for incorporating a back- member shifts, working conditions of crew ‘‘(A) CIVIL PENALTY.—Any person that vio- ground check process for personnel trained lates this section or a regulation under this and certified in foreign countries; members, and length of voyages. section shall be liable for a civil penalty of ‘‘(2) the training of students and instruc- The SPEAKER pro tempore. Pursu- not more than $25,000 for each day during tors in all aspects of prevention, detection, ant to the rule, the gentleman from which the violation continues, except that evidence preservation, and reporting of Maryland (Mr. CUMMINGS) and the gen- the maximum penalty for a continuing viola- criminal activities in the international mar- tleman from New Jersey (Mr. LOBI- tion is $50,000. itime environment; and ONDO) each will control 20 minutes. ‘‘(B) CRIMINAL PENALTY.—Any person that ‘‘(3) the provision or recognition of off-site The Chair recognizes the gentleman knowingly fails to record in a log book or to training and certification courses in the make a log book available in accordance United States and foreign countries to de- from Maryland. with subsection (g)(1), or to report in accord- velop and provide the required training and GENERAL LEAVE ance with subsection (g)(3), shall be fined not certification described in subsection (a) and Mr. CUMMINGS. Mr. Speaker, I ask more than $250,000 or imprisoned not more to enhance security awareness and security unanimous consent that all Members than 1 year, or both. practices related to the preservation of evi- may have 5 legislative days in which to ‘‘(2) DENIAL OF ENTRY.—The Secretary may dence in response to crimes on board pas- revise and extend their remarks and in- deny entry into the United States to a vessel senger vessels. clude extraneous material on H.R. 3360. to which this section applies if the owner of ‘‘(c) CERTIFICATION REQUIREMENT.—Begin- the vessel— ning 2 years after the standards are estab- The SPEAKER pro tempore. Is there ‘‘(A) commits an act or omission for which lished under subsection (b), no vessel to objection to the request of the gen- a penalty may be imposed under this sub- which this section applies may enter a tleman from Maryland? section; or United States port on a voyage (or voyage There was no objection. ‘‘(B) fails to pay a penalty imposed on the segment) on which a United States citizen is Mr. CUMMINGS. Mr. Speaker, I yield owner under this subsection. a passenger unless there is at least 1 crew myself such time as I may consume.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27838 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Mr. Speaker, I rise today in strong legislation also requires that a store of This exchange of letters will be inserted in support of the Cruise Vessel Security such medications be maintained on the Committee Report on H.R. 3360 and in and Safety Act of 2009, H.R. 3360, as cruise vessels. the Congressional Record as part of the con- amended. H.R. 3360 also specifies certain crimes sideration of this legislation in the House. that must be reported to U.S. authori- I look forward to working with you as we This legislation, authored by Con- prepare to pass this important legislation. gresswoman DORIS MATSUI, would re- ties, and it requires the Secretary of Sincerely, quire that cruise vessels calling on the Transportation to maintain an Inter- JAMES L. OBERSTAR, M.C., United States take reasonable steps to net site that provides a numerical ac- Chairman. improve the physical safety and secu- counting of the crimes reported to U.S. I reserve the balance of my time. rity of their vessels. The legislation authorities. Such statistics will be ag- Mr. LOBIONDO. Mr. Speaker, I rise in also would require cruise vessels to re- gregated by individual cruise lines, and support of H.R. 3360, the Cruise Vessel port to U.S. authorities allegations of cruise lines will be required to main- Security and Safety Act of 2009, and specific crimes on cruise ships. tain a link to the site on their own Web yield myself such time as I may con- Almost all of the nearly 200 cruise pages. sume. vessels embarking and disembarking Again, Mr. Speaker, I applaud the I would like to state that I believe work of the gentlewoman from Cali- passengers in the United States are this language is a significant improve- fornia (Ms. MATSUI) who has worked registered in foreign countries. As a re- ment over legislation that was consid- tirelessly on this issue and given it just sult, U.S. laws apply directly to these ered by the House in the 110th Congress a tremendous, tremendous effort. I ap- vessels and to those sailing on these and mirrors language currently await- plaud her and thank her on behalf of vessels only when they are sailing in ing final action in the Senate. U.S. waters. the Congress and a grateful Nation. While available statistics suggest I urge all of the Members of the b 1315 that crime is infrequent on cruise ves- House to join me in passing H.R. 3360, The provisions of this legislation sels, many Americans do not realize, as amended. were also included as part of H.R. 3619, when they step on a cruise ship, they HOUSE OF REPRESENTATIVES, the Coast Guard Authorization Act of are stepping on what becomes a float- COMMITTEE ON HOMELAND SECURITY, 2010, which the House overwhelmingly ing piece of some other country’s juris- Washington, DC, November 12, 2009. approved last month. Hon. JAMES L. OBERSTAR, diction as soon as it is more than 12 Chairman, Committee on Transportation and For several years the Committee on miles from United States shores. Infrastructure, Washington, DC. Coast Guard and Maritime Transpor- Unfortunately, for those who are the DEAR CHAIRMAN OBERSTAR, I write to you tation has closely examined the factors victims of crime on cruise vessels, the regarding H.R. 3360, the ‘‘Cruise Vessel Secu- impacting the safety and security of implications of this reality become rity and Safety Act of 2009.’’ American citizens aboard cruise ships clear only after they learn that the H.R. 3360 contains provisions that fall that operate in and out of U.S. ports. within the jurisdiction of the Committee on laws applying to the cruise vessels may Homeland Security. I recognize and appre- H.R. 3360 makes commonsense im- not and often do not extend to them ciate your desire to bring this legislation be- provements which will enhance safe- the kinds of protections United States fore the House in an expeditious manner and, guards for passengers during a cruise. laws would extend. accordingly, I will not seek a sequential re- While no level of procedural or struc- Additionally, the unique cir- ferral of the bill. However, agreeing to waive tural modifications can prevent all in- cumstances of life at sea, particularly consideration of this bill should not be con- cidents from occurring, I believe this if a vessel is far from the kinds of law strued as the Committee on Homeland Secu- bill will significantly enhance the ca- enforcement resources that are avail- rity waiving, altering, or otherwise affecting pabilities of both passengers and cruise able on land, often make the prosecu- its jurisdiction over subject matters con- tained in the bill which fall within its Rule lines in the future. tion of those accused of committing a X jurisdiction. The bill will also codify an agree- crime on a cruise ship very difficult. As Further, I request your support for the ap- ment between the FBI and cruise lines a result, though crime is infrequent on pointment of an appropriate number of Mem- which will require cruise operators to cruise vessels, so are prosecutions of bers of the Committee on Homeland Security immediately notify Federal law en- those accused of crimes. to be named as conferees during any House- forcement agencies of major incidents As chairman of the Subcommittee on Senate conference convened on H.R. 3360 or that occur aboard a vessel. Coast Guard and Maritime Transpor- similar legislation. I also ask that a copy of I support the bill. this letter and your response be included in tation, I held two hearings to examine the legislative report on H.R. 3360 and in the Mr. Speaker, I reserve the balance of the issue of crime on cruise ships. I be- Congressional Record during floor consider- my time. lieve H.R. 3360 responds directly to the ation of this bill. Mr. CUMMINGS. Mr. Speaker, I yield problems we examined in our hearings I look forward to working with you as we 4 minutes to the gentlewoman from by requiring reasonable alteration in prepare to pass this important legislation. California (Ms. MATSUI), who is the vessel design, equipment, and construc- Sincerely, sponsor of the bill and who has been so tion standards to increase the physical BENNIE G. THOMPSON, helpful to our committee and our sub- Chairman. safety and security of passengers. For committee on this issue. example, H.R. 3360 requires that cruise HOUSE OF REPRESENTATIVES, COM- Ms. MATSUI. I thank the gentleman vessels install peepholes or similar fea- MITTEE ON TRANSPORTATION AND from Maryland, who has been such a tures in cabin doors so passengers can INFRASTRUCTURE leader in all of this. identify who is at their door without Washington, DC, November 12, 2009. Mr. Speaker, I rise today in support having to open it. H.R. 3360 also re- Hon. BENNIE G. THOMPSON, of H.R. 3360, the Cruise Vessel Safety quires that cruise vessels have railings Chairman, Committee on Homeland Security, and Security Act, legislation that I in- that are at least 42 inches high to help Washington, DC. troduced earlier this year. I want to DEAR CHAIRMAN THOMPSON, I write to you prevent passengers from falling over- regarding H.R. 3360, the ‘‘Cruise Vessel Secu- thank both Chairman OBERSTAR and board. rity and Safety Act of 2009’’. Chairman CUMMINGS for the good work To ensure that those who are victims I agree that provisions in H.R. 3360 are of their committees have done on this bill of sexual assaults have immediate ac- jurisdictional interest to the Committee on and for their tremendous support to cess to state-of-the-art medical care, Homeland Security. I acknowledge that by enact this critical legislation. H.R. 3360 requires that cruise ships forgoing a sequential referral, your Com- There is an urgent need for the re- have onboard trained personnel who mittee is not relinquishing its jurisdiction form I have outlined in the Cruise Ves- and I will fully support your request to be can provide treatment to assault vic- represented in a House-Senate conference on sel Safety and Security Act. For far tims, collect evidence to support pros- those provisions over which the Committee too long, American families have un- ecutions, and administer antiretroviral on Homeland Security has jurisdiction in knowingly been at risk when embark- medications as soon as possible. The H.R. 3618. ing on cruise vacations. Unfortunately,

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27839 the status quo has allowed cruise ships Safety Act; and I want to compliment scene investigation training and cer- to operate under foreign flags of con- the author of the legislation, Ms. MAT- tification for some cruise vessel crew venience, and they are not required SUI, for her efforts. Like her, I have a members. It will require other provi- under U.S. law to report crimes occur- tragic story that has been brought to sions to ensure that if one of our loved ring outside of our territorial waters. my attention which will be addressed ones goes missing on a cruise ship, But leaving our territorial waters does by this legislation, and I want to make they are notified. not mean that cruise ships should be it clear how important I believe this Importantly, it will require the pres- allowed to operate without basic laws legislation is to millions of potential ervation of evidence. Like Ms. MAT- that protect American citizens. victims who go unknowingly onto SUI’s constituent who was the victim of My legislation requires that all cruise ships. a rape, this legislation will require crimes that occur aboard cruise ships Merrian Carver, the daughter of one that rape kits be kept onboard in case be reported to the Coast Guard and to of my constituents, Ken Carver, was a such a tragic event happens again. the FBI. Without proper screening vibrant young woman who had her en- This is critically needed legislation. processes and accountability, these tire life ahead of her. Tragically, at the It has followed somewhat of a tortured reprehensible and violent acts will be age of 40, she disappeared from a cruise path. It came across this floor once be- allowed to continue. Unclear lines of ship in August of 2004 and was never fore, and its ultimate enactment into law was jeopardized by being coupled jurisdiction are no longer an excuse for found. That would be bad enough in with other legislation. itself, but it is the outrageous conduct risking the safety of millions of Ameri- I compliment the chairman of the cans who board cruise ships each year. afterward which this legislation ad- subcommittee and the chairman of the I first became aware of the need for dresses. There have already been com- full committee and the ranking mem- increased protections for Americans ments about the lack of supervision or ber. I think it is essential that this leg- when one of my constituents, Laurie safety or the lack of protection of the islation be enacted, and I compliment Dishman, wrote to me for help in April law, but in this instance there was cal- you for separating it for a stand-alone of 2006. Laurie was a victim of a sexual lous disregard. vote. assault while on a cruise vacation. She The steward of the ship knew she was Mr. CUMMINGS. Mr. Speaker, I yield was given no assistance by the cruise onboard and that she had used her 21⁄2 minutes to the gentlewoman from line in properly securing evidence of room the first night, and he conscien- California (Ms. RICHARDSON). She is a the assault, no assistance in identi- tiously reported that she did not use strong member of our subcommittee fying her attacker, no assistance in her room again any of the subsequent and certainly one who has championed prosecuting the crime once back on nights. She had gone missing on the this cause too. shore. second day of the cruise, and nothing Ms. RICHARDSON. Mr. Speaker, I Devastated, Laurie reached out to was done. No law enforcement officials rise in strong support of H.R. 3360, the me, and I immediately called for hear- were contacted. No family members Cruise Vessel Security and Safety Act ings on this issue and began to work on were contacted. Nothing was done. In of 2009, which will address cruise safety this legislation. Our hearings made ap- essence, the steward was told, Be quiet in many of our communities. I would parent the gross inadequacies of cur- and mind your own business. like to thank Chairmen OBERSTAR and rent cruise safety provisions; and with At the end of the trip, Merrian’s per- CUMMINGS and my colleague Ms. MAT- ongoing news coverage of recent rapes sonal effects were simply boxed up. The SUI from California for bringing for- on cruise ships, it is clear that this leg- FBI was not notified. The family was ward this issue that we’ve all talked islation is urgent and necessary. not notified. about and are now glad to see finally My legislation establishes stringent Ultimately, Merrian’s family, in a come to the floor again. new standards to ensure the safety and desperate effort, was forced to hire a Cruise ships are enjoyed by approxi- security of passengers on cruise ves- law firm and a private investigator. mately 10 million Americans every sels. Its reforms include reporting that Again, however, they met with resist- year, and many of them come to my vessel personnel be able to preserve ance and unnecessary delays in re- district in the Ports of Long Beach and evidence of crimes committed on the sponse by the cruise ship. It took days Los Angeles. This bill will take many vessels and provide appropriate med- to confirm that Merrian had, in fact, steps towards preventing crimes on ical treatment to the victims of sexual boarded the ship, and video confirmed cruise ships and ensuring that those assaults. Security, safety, and account- that she had boarded the ship. And it crimes that are committed, the people ability must all be strengthened to took even more time to get permission who do those deeds, will find justice. hold criminals accountable and end the to interview the steward. By enacting measures such as install- ing peepholes on doors, basic things cycle of serious crimes on cruise ships. She had not been in her room for 5 like increasing video surveillance, and This has been a long, difficult road days, and her absence had simply gone keeping better records of incidents for all cruise victims and their fami- unreported and unacted upon. Her fam- that do occur will make our seas safer lies, and this legislation is truly a re- ily hired a private investigator, and he and really cause the cruise to be a va- sult of their courage, their dedication, was resisted in his efforts to talk to cation as advertised. and their conviction to prevent further people on the ship. Ultimately, the law I applaud the bill’s emphasis on safe- crimes from happening. These reforms firm that they retained obtained a ty and health. It will ensure that a suf- are long overdue, common sense, and court order to interview the steward ficient number of physicians are aboard are supported by the Cruise Line Indus- and other personnel responsible. every ship and that ships have appro- try Association and was included in the This simply should not happen on priate up-to-date supplies of anti- Coast Guard Authorization Act that ships that call on American ports. It retroviral medications. Just a few passed this year. should never happen, and Americans weeks ago, I met with some of the I urge my colleagues to vote in sup- need to be aware. Again, I compliment members of the cruise ship industry port of this important legislation and Ms. MATSUI. and talked to them about what they’re join me in paving a path for a safer fu- This legislation takes important and doing to prepare for the H1N1 virus. ture for all cruise passengers. reasonable steps to protect Americans Now is the time. We have long put Mr. LOBIONDO. Mr. Speaker, I am and all citizens when they board these people in jeopardy of not really having very happy to yield 5 minutes to my ships. Cruise ships have a duty of re- the appropriate safety regulations and colleague from Arizona (Mr. SHADEGG). sponsibility to the people who board measures, and I applaud this Congress Mr. SHADEGG. I thank the gen- them. This will make those cruise and our chairmen for bringing it for- tleman for yielding. ships more accountable and safer. It ward today. Mr. Speaker, I rise in very strong will, as has been mentioned, require Mr. LOBIONDO. Mr. Speaker, I am support of this critically needed legis- some video surveillance to monitor now pleased to yield 5 minutes to my lation, the Cruise Vessel Security and crime onboard. It will require crime colleague from Texas (Mr. POE).

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27840 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Mr. POE of Texas. Mr. Speaker, I ap- erate foreign flag passenger vessels why we separated this bill from other preciate the gentleman from New Jer- want to access the millions of Ameri- legislation. sey yielding time and his work on this cans who travel their cruise ships There is already a hold on this bill in legislation and, of course, the chair- every year, they should be required to the other body. A Member of the other man from Maryland and his work as implement proper safety and security body is holding this bill up and insist- well, but also the gentlewoman from improvements for all travelers. ing that a fee be imposed on cruise line California (Ms. MATSUI), who has been The U.S. Government also needs to passengers to pay for any Federal Gov- a relentless advocate of protecting citi- ensure that American citizens and ernment involvement. This is law en- zens that are on cruise lines. American families are safe when they forcement. We don’t ask our fellow I recently was a cosponsor of similar travel on cruise ships departing from citizens to pay a fee for their homes to legislation, H.R. 1485, the Cruise Vessel our ports. And when crimes are re- be protected against burglary. We don’t Security Act of 2009, that was passed ported on the high seas, the perpetra- ask victims of rape to pay a fee to be by this House. And this bill, H.R. 3360, tors should be accountable. protected against future rape. That is the Cruise Vessel Security and Safety As chairman of the Victims’ Rights just—well, it’s beyond description. I Act of 2009, makes cruise lines more ac- Caucus, I strongly support this legisla- shouldn’t say anything further. countable when passengers become vic- tion. But we have to get a bill passed. And the Member of the other body who is tims of crime at sea. b 1330 Every year cruise line companies insisting on those conditions needs to carry over 10 million American citizens Mr. CUMMINGS. Mr. Speaker, I yield have a visit with reality. And the re- to and from America’s ports, and these 5 minutes to the distinguished chair- ality are those victims of violence cruise lines promise Americans safety, man of our committee, the gentleman aboard cruise ships. And this legisla- security, fun, relaxation aboard their from Minnesota (Mr. OBERSTAR). I want tion will bridge the gaps between the ships. But sometimes that is not the to thank him as he rises for all of his rights of victims and the actual experi- whole story. hard work. ences they encounter, provide protec- In 2007 the Los Angeles Times pub- Mr. OBERSTAR. Mr. Speaker, I tion, provide access to assistance to lished an article disclosing sexual as- thank the chairman, Mr. CUMMINGS, for victims of crime and give them the sault data that was provided by Royal the prodigious work done, the hearing protection of U.S. law, extend that to Caribbean International as part of a preparation, not just the hearing, but those 10.5 million of our fellow citizens civil lawsuit. The article’s disturbing preparation for the hearing, gathering who take a cruise vacation so it will be and startling report showed that over a the information and steeping himself a pleasant experience and not a night- 32-month period, Royal Caribbean re- in the subject of the hearing and gath- mare. ported over 250 incidents of sexual as- ering all the data, and then working to Mr. Speaker and colleagues, I just sault, battery, and harassment. Cruise shape the ultimate legislation. He has want to observe and thank the ranking member of the subcommittee, Mr. companies have been forced to pay mil- done a superb job, as has Mr. LOBIONDO, LOBIONDO, that this particular bill, is lions of dollars in order to settle civil our ranking member, and former chair- the 200th bill of our committee in the lawsuits filed in American courts for man of the subcommittee. 110th and now the 111th Congress, the failing to protect American passengers. I especially want to thank Ms. MAT- 200th bill that we have moved through Congressional testimony by victims of SUI for her work at the behest of her committee, and I expect soon through sexual assault on cruise ships exposes constituent, having heard this terrible the House and one veto override, in the so much more than the cruise lines experience her constituent went 21⁄2 years under my chairmanship. have really told us. through on that cruise experience. She then had the courage to testify at our The SPEAKER pro tempore. The Most disturbing from this testimony time of the gentleman has expired. committee hearing. That’s really ex- were from female victims that were Mr. CUMMINGS. I yield the gen- sexually assaulted by crew members on traordinary. So determined was she to tleman 11⁄2 additional minutes. the high seas. Almost 40 percent of the see justice done, to change the culture Mr. OBERSTAR. I want to thank my crimes were committed by cruise com- aboard cruise ships, the indifference we colleagues on the Democratic side and pany employees. And as the gentle- saw in this particular case, the indif- particularly my colleagues on the Re- woman from California has pointed ference spread throughout this indus- publican side for the splendid partici- out, her constituent Laurie Dishman in try, to the plight of the rare but none- pation we have had and the partnership 2006 was sexually assaulted by a man theless experiences that cruise pas- we have enjoyed in moving together a on the cruise ship who was a security sengers go through. Some 10.5 million legislative agenda for America, for the officer. took a cruise vacation in 2007. That’s a good of this country, a partnership This individual, Laurie Dishman, re- very sizable number of our constitu- that we extended during the years of ported the incident, and the cruise line ency nationwide. the Republican majority from 1995 on- did absolutely nothing. When the There is only one U.S.-flagged cruise ward. It is a record of accomplishment cruise was over with, she met with the line, cruise vessel, I should say. There that I think sets the standard for this FBI and explained her case, and after are over 200 cruise vessels that are reg- body. And I appreciate the partnership several days she later received a phone istered under foreign flags. When crime that we have had, in particular Mr. call saying that the Department of occurs aboard those vessels, as was said MICA, who is the leader on the Repub- Justice would not prosecute her case earlier by both Mr. CUMMINGS and Mr. lican side, and all of our colleagues on and that the FBI had closed the inves- LOBIONDO, it’s on the high seas, beyond the committee, the 200th bill or resolu- tigation and gave her no explanation. the jurisdiction of the United States. tion. It is a good day, a good day for So then she wrote a letter to Royal But when that vessel comes into port, America, a good day for our com- Caribbean Cruise Lines, and they wrote it is under our law. mittee. her back, Mr. Speaker, thanking her This is a law enforcement bill. And Mr. LOBIONDO. Mr. Speaker, I am for her business and even had the au- the gentleman from Arizona (Mr. SHAD- pleased to yield 5 minutes to my col- dacity to send her a coupon for future EGG) very well and thoughtfully and league from Indiana (Mr. SOUDER). trips on their cruise line. with great feeling described the experi- Mr. SOUDER. I thank the distin- I commend Ms. Dishman for bringing ence of his constituent, the family of guished subcommittee Chair. this whole issue before Congress and constituents of a woman who was actu- I rise today in support of this bill and especially Ms. MATSUI, her Representa- ally lost. This legislation, as he point- not just because of the tragic cases tive from California, for exposing these ed out, and as Mr. CUMMINGS pointed that we have been discussing, but spe- atrocities to the American public and out, provides a pathway to correcting cifically, in support of a more obscure to this Congress. If these U.S.-based those problems out into the future. But section in the bill that requires pas- cruise ship companies who own and op- we have to get a bill passed. That is senger vessels to be equipped with

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Their Following the suicide attack on the thank Mr. LOBIONDO and certainly Mr. families deserve better. USS Cole while it was at port in Yemen MICA and definitely our chairman, Mr. That’s why I want to encourage my col- in 2000, the United States Navy estab- OBERSTAR. This is one of those bipar- leagues to support this legislation. lished a requirement for an acoustic tisan efforts that has yielded a win- Mr. CUMMINGS. Mr. Speaker, I yield hailing device. The intent of this AHD win-win, a win certainly for this Con- back the balance of my time. was to provide the Navy with a means gress, a win for those people who find The SPEAKER pro tempore. The to establish the intent of an approach- themselves taking a vacation on cruise question is on the motion offered by ing vessel at a distance such that de- ships, and certainly a win for law en- the gentleman from Maryland (Mr. fensive measures could be taken should forcement as they try to make sure CUMMINGS) that the House suspend the the vessel not heed a warning. that they address any kind of issues rules and pass the bill, H.R. 3360, as These hailing devices are not only that may come up, and the industry. amended. used as an identifier of intent but also It’s a win-win-win-win. The question was taken. can be used to repel possible attackers So I think that what we have done is The SPEAKER pro tempore. In the or to disperse unlawful mobs. An LRAD approach this in a very balanced way, a opinion of the Chair, two-thirds being was used for this purpose for the first very measured way, but a way which in the affirmative, the ayes have it. time in the United States in Pitts- addresses all of the issues that we at- Mr. CUMMINGS. Mr. Speaker, on burgh during the time of the G–20 sum- tempted to address. And certainly we that I demand the yeas and nays. mit on September 24–25 of 2009. thank Ms. Dishman and the other vic- The yeas and nays were ordered. Last week I had the opportunity to tims who have had difficult cir- The SPEAKER pro tempore. Pursu- witness an LRAD in action. Ultra Elec- cumstances happen to them for bring- ant to clause 8 of rule XX and the tronics, a high-tech manufacturer near ing their testimony. As Chairman Chair’s prior announcement, further Columbia City, Indiana, demonstrated OBERSTAR said, this kind of testimony proceedings on this motion will be their acoustic device, the Hyperspike, is very difficult for someone to present postponed. both as a hailer and as a deterrent. The themselves, not only to the Congress f thumping pulsating sounds were im- but on C–SPAN and for the world to HONORING COAST GUARD AND MA- pressive, and I now understand why the hear what they went through. But yet RINE CORPS AIRCRAFT PILOTS crowds were dispersed so quickly in and still, the fact is that they sac- LOST IN CALIFORNIA Pittsburgh. I was also impressed with rificed so that we can have this kind of the range of the Hyperspike. It is capa- legislation. Mr. CUMMINGS. Mr. Speaker, I move ble of emitting crystal clear audible With that, I would urge our col- to suspend the rules and agree to the messages at distances of over 3 miles leagues to vote for this legislation. resolution (H. Res. 891) expressing the across the water. Mr. MITCHELL. Mr. Speaker, as a member gratitude of the House of Representa- This act is intended to improve the of the House Committee on Transportation tives for the service to our Nation of overall safety of cruise ship passengers. and Infrastructure, I rise today on behalf of the Coast Guard and Marine Corps air- It not only improves capabilities to H.R. 3360, the Cruise Vessel Security and craft pilots and crewmembers lost off thwart external threats such as pirate Safety Act of 2009. the coast of California on October 29, attacks, but also to increase internal This is important legislation that will signifi- 2009, and for other purposes, as amend- passenger safety through increased se- cantly improve the safety and security of ed. curity measures. cruise passengers. The Clerk read the title of the resolu- It has been well publicized that pi- A Senate version of this bill has earned tion. rate attacks on cargo vessels are con- committee approval earlier this year, and in The text of the resolution is as fol- tinuing. As these vessels improve their October, the House overwhelmingly approved lows: security against such attacks, it is this measure by a bipartisan vote of 385–11, H. RES. 891 very likely that the pirates will look as part of the Coast Guard Reauthorization Whereas on the evening of October 29, 2009, for other vulnerable targets, such as Act of 2010. a Coast Guard C–130 aircraft with two pilots cruise ships. This legislation will pro- The bill will bring many of the same, com- and five crewmembers on board was involved in a search and rescue mission off the coast vide these vessels with the capability monsense security measures to cruise ships of California; to establish vessel intent earlier and that a lot of us take for granted in major ho- Whereas at the same time, a Marine Corps escalate security measures to protect tels—things like latches and peep holes for AH–1W Super Cobra carrying two pilots was the ship, crew and passengers. guest rooms and video surveillance to docu- involved in a military escort mission nearby; Mr. CUMMINGS. May I inquire as to ment criminal activity. Whereas the two aircraft are suspected to how much time we have remaining? In addition, the bill will ensure that cruise have collided while traveling east of San The SPEAKER pro tempore. The gen- ships are equipped to provide emergency as- Clemente Island, California; Whereas the following crew members of the tleman from Maryland has 41⁄2 minutes. sistance to victims of sexual assaults. Mr. CUMMINGS. We have no addi- Finally, and perhaps most significantly, the Coast Guard C–130 are missing and presumed to have lost their lives in the line of duty: tional speakers. I yield to the gen- bill will require that serious criminal incidents Lt. Cmdr. Che J. Barnes of Capay, California; tleman. on board are reported to the proper authori- Lt. Adam W. Bryant, of Crewe, Virginia; Mr. LOBIONDO. Mr. Speaker, I am ties. Chief Petty Officer John F. Seidman of pleased to support the legislation, con- I want to thank Representative DORIS MAT- Stockton, California; Petty Officer 2nd Class gratulate the sponsor, thank Mr. OBER- SUI for her leadership on this legislation. Carl P. Grigonis of Mayfield Heights, Ohio; STAR and Mr. CUMMINGS, and yield back I also want to thank Kendall Carver, an Ari- Petty Officer 2nd Class Monica L. Beacham the balance of my time. zonan whose tireless efforts on this issue of Decaturville, Tennessee; Petty Officer 2nd Mr. CUMMINGS. Mr. Speaker, I yield have been truly incredible. Class Jason S. Moletzsky of Norristown, myself such time as I may consume. Pennsylvania; and Petty Officer 3rd Class As many of you know, in 2004, Ken’s Danny R. Kreder II, of Elm Mott, Texas; I want to make it very clear, Mr. daughter, Merrian, mysteriously and tragically Whereas the following crew members of the Speaker, that this was an effort of the disappeared aboard a cruise to Alaska. And, Marine Corps helicopter are missing and pre- victim groups and the cruise ship in- as the Arizona Republic recently reported, ‘‘In- sumed to have lost their lives in the line of dustry. As Chairman OBERSTAR said, stead of reporting her absence, the ship’s duty: Maj. Samuel Leigh of Kennebec,

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27842 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Maine, and 1st Lt. Thomas Claiborne of cer 3rd Class Danny R. Kreder, II, drop I would appreciate the inclusion of this let- Douglas County, Colorado; master, survived by his wife, parents ter and a copy of your response in the Con- Whereas the men and women of the Coast and two brothers. gressional Record during consideration of Guard are ‘‘Always Ready’’ to safeguard the the measure on the House floor. United States against all hazards and b 1345 Very truly yours, threats at our ports, at sea, and around the On board the Marine Corps AH–1 IKE SKELTON, world; and Super Cobra were two pilots: Major Chairman. Whereas the men and women of the Marine Samuel Leigh, who had served two Corps are ‘‘Always Faithful’’ to their mis- HOUSE OF REPRESENTATIVES, COM- sion of defending the United States on the tours in Iraq and whose service in the MITTEE ON TRANSPORTATION AND ground, in the air, and by sea, in every cor- Marine Corps maintained his family’s INFRASTRUCTURE, ner of the globe: Now, therefore, be it long tradition of military service; and Washington, DC, November 13, 2009. Resolved, That the House of Representa- First Lieutenant Thomas Claiborne, a Hon. IKE SKELTON, tives expresses its gratitude for the service magna cum laude graduate of the Uni- Chairman, Committee on Armed Services, House to our Nation of the Coast Guard and Marine versity of Colorado. of Representatives, Rayburn House Office Corps aircraft pilots and crewmembers lost These individuals dedicated their Building, Washington, DC. off the coast of California on October 29, 2009, DEAR CHAIRMAN SKELTON: I write to you re- lives to serving the United States of garding H. Res. 891, expressing the gratitude and extends its condolences to their family, America. They protected our Nation friends, and loved ones. of the House of Representatives for the serv- from the many threats we face, and The SPEAKER pro tempore. Pursu- ice to our Nation of the Coast Guard and Ma- they selflessly placed their lives in rine Corps aircraft pilots and crewmembers ant to the rule, the gentleman from harm’s way to aid those in distress. lost off the coast of California on October 29, Maryland (Mr. CUMMINGS) and the gen- Their terrible loss is a reminder of the 2009, and for other purposes. tleman from New Jersey (Mr. LOBI- risks that the members of our Armed I agree that provisions in H. Res. 891 are of ONDO) each will control 20 minutes. Forces face while conducting their jurisdictional interest to the Committee on Armed Services. I acknowledge that by for- The Chair recognizes the gentleman many missions. from Maryland. going further consideration, your Committee Our thoughts and our prayers are is not relinquishing its jurisdiction. GENERAL LEAVE with the families of each of these serv- This exchange of letters will be inserted in Mr. CUMMINGS. Mr. Speaker, I ask icemembers and with all the colleagues the Congressional Record as part of the con- unanimous consent that all Members they have left behind in the United sideration of this legislation in the House. may have 5 legislative days in which to States Coast Guard and the Marine I look forward to working with you as we revise and extend their remarks and to Corps. Our thoughts and prayers are prepare to pass this important legislation. include extraneous material on H. Res. Sincerely, also with all of the members of our JAMES L. OBERSTAR, M.C., 891. Armed Forces who are serving our Na- Chairman. The SPEAKER pro tempore. Is there tion now on the front lines in Iraq and Mr. Speaker, I reserve the balance of objection to the request of the gen- Afghanistan and with the families of tleman from Maryland? my time. the thousands who have given their Mr. LOBIONDO. Mr. Speaker, I yield There was no objection. lives in defense of our great Nation’s Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. freedom on those two battlefields in I rise in strong support of this resolu- myself such time as I may consume. each of our Nation’s conflicts. Mr. Speaker, today I rise in strong tion, H. Res. 891, and thank the sponsor I commend Congresswoman SA´ NCHEZ, for the introduction. Our Nation suf- support of H. Res. 891, as amended, a the Chair of the Committee on Home- resolution expressing the gratitude of fered a tragic loss last month when land Security’s Subcommittee on Bor- seven coastguardsmen and two marines the House of Representatives for the der, Maritime, and Global Counterter- were killed when their military air- service of the air crewmembers of rorism, for her work on H. Res. 891. I craft collided off the coast of Cali- Coast Guard aircraft 1705 and a Marine urge its adoption by the House today, fornia. These men and women died Corps AH–1 Super Cobra helicopter who and I express my gratitude for the serv- while performing critically important were lost when these aircraft collided ice of the members of the Coast Guard missions for our Nation. near San Clemente Island, California, and Marine Corps recognized by this Mr. Speaker, this is a very tragic re- on October 29 of this year. resolution. minder to the entire Nation of the sac- On board the Coast Guard C–130 were COMMITTEE ON ARMED SERVICES, rifices that our men and women are seven Coast Guard members who were HOUSE OF REPRESENTATIVES, making for all the rest of us. They put conducting a search-and-rescue mis- Washington, DC, November 13, 2009. their lives on the line each and every sion at the time of the terrible acci- Hon. JAMES L. OBERSTAR, day. Some people think that only hap- dent. These crewmembers were Lieu- Chairman, House Committee on Transportation pens in the theater of war, but in re- tenant Commander Che J. Barnes, a 17- and Infrastructure, Rayburn House Office ality it happens every day with every year Coast Guard veteran who com- Building, Washington, DC. DEAR MR. CHAIRMAN: On November 5, 2009, man and woman who is serving our Na- manded Coast Guard 1705 and is sur- tion. vived by his father and three brothers, the House Resolution 891, ‘‘Expressing the gratitude of the House of Representatives for We join their families and their including a twin brother; Lieutenant the service to our Nation of the Coast Guard friends and their loved ones in mourn- Adam W. Bryant, the copilot of CG–1705 and Marine Corps aircraft pilots and crew- ing their passing and we pay tribute to and a 2003 graduate of the Coast Guard members lost off the coast of California on the ultimate sacrifice they have made Academy who is survived by his par- October 29, 2009, and for other purposes,’’ was in service to our country, another re- ents and brother; Chief Petty Officer introduced in the House. As you know, this minder that as they put on the uni- John F. Seidman, the flight engineer measure was referred to the Committee on form, this is an all-volunteer Army, Transportation and Infrastructure, and in who had served more than 20 years in Navy, Air Force, and Coast Guard and the Coast Guard and is survived by his addition to the Committee on Armed Serv- ices, for a period to be subsequently deter- Marines that serve our Nation so ade- wife, parents and brother; Petty Officer mined by the Speaker. quately and so well, putting the Nation 2nd Class Carl P. Grigonis, the CG–1705 Our Committee recognizes the importance first, putting the Nation before them- navigator who was the father of a of H. Res. 891 and the need for the legislation selves. I can’t imagine the loss the young son and whose wife is expecting to move expeditiously. Therefore, while we families must be feeling with what a daughter; Petty Officer 2nd Class have a valid claim to jurisdiction over this should have been just a routine mis- Monica L. Beacham, the flight’s radio legislation, the Committee on Armed Serv- sion. operator, who leaves a husband and a ices will waive further consideration of H. Res. 891. I do so with the understanding that The investigation into the cause of young daughter to mourn; Petty Offi- by waiving further consideration of the reso- the accident has just begun, but I hope cer 2nd Class Jason S. Moletzsky, an lution, the Committee does not waive any fu- we will have the results soon and that air crewmember survived by his fiance, ture jurisdictional claims over similar meas- we can take appropriate actions to en- parents and two sisters; and Petty Offi- ures. sure that our armed services have the

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27843 tools they need to prevent a similar they sacrificed and gave the biggest Now there is an investigation under- tragedy from ever occurring again. cost, so our eternal gratitude and re- way by the Navy and the Coast Guard I will now reserve the balance of my spect go to them. jointly inquiring into the causes of this time. I urge my colleagues to join me in tragedy, hopefully for the purpose of Mr. CUMMINGS. Mr. Speaker, I yield honoring these brave individuals by unraveling that collision, but also to 3 minutes to the distinguished sponsor supporting this resolution. learn lessons to avoid such incidents in of this legislation, the gentlewoman Mr. LOBIONDO. Mr. Speaker, I am the future. This incident occurred in from California (Ms. LORETTA SAN- pleased to yield such time as he may military-controlled airspace, airspace CHEZ). consume to my colleague, the gen- controlled by the U.S. Navy from an Ms. LORETTA SANCHEZ of Cali- tleman from California (Mr. HERGER). onshore facility at San Diego. fornia. I thank both chairmen. Thank Mr. HERGER. I thank the gentleman The Coast Guard’s C–130 had a data you so much for allowing me to put from New Jersey. recorder on board. Search is underway forward this resolution and to pass it Mr. Speaker, I rise today to express to hopefully locate that data recorder today on the House floor. my support for House Resolution 891, and gain useful information about the which honors the two marines and Mr. Chairman, as a member of both circumstances under which the colli- seven members of the Coast Guard who the Homeland Security Committee and sion occurred. It was at twilight, it was lost their lives during a rescue mission the Armed Forces Committee here in at dusk. Very hard to distinguish and off the coast of California on October the House of Representatives, I intro- effectively operate under the rules of 29. We’re grateful for their service and duced this resolution on the 1-week an- see and avoid. But there must be more sacrifice and express our heartfelt con- niversary of the tragic events that oc- at stake here. That C–130 was loaded curred off our coast of California. Let dolences to all of their loved ones. One of the fallen members of the with electronic equipment for detec- me remind you where this occurred was Coast Guard was Che Barnes. Che grew tion of vessels or persons in the water, maybe, at the most, an hour’s drive up on a family farm in Capay Valley, and one has to assume it had equip- from where I live. northern California, located in my dis- ment to detect proximity of another On Thursday, October 29, the Federal trict that I represent. From an early aircraft. Aviation Administration reported that age, Che was fascinated with planes. He We have to unravel those facts and a Coast Guard C–130 plane and a Marine worked hard to earn money to pay for understand what occurred in order to Corps AH–1W Cobra helicopter crashed flight lessons. He flew his first solo avoid such circumstances in the future off the coast while they were both con- flight at the young age of 16. He joined and engage the necessary training for ducting separate missions. We honor the Coast Guard so that he could use personnel or install on board both heli- the nine men and women who lost their his love of flying to rescue those copters and C–130-type aircraft traffic lives in that crash and we send our con- stranded at sea. collision avoidance systems, which the dolences to their families and their It is tragic but fitting that he lost Navy initiated 40 years ago and which friends and their loved ones. his life doing something he loved—fly- is now aboard all commercial airliners. As the motto states, ‘‘Always ing in the Coast Guard and serving his Unfortunately, the National Trans- Ready,’’ the Coast Guard defends the Nation and fellow man. By all ac- portation Safety Board, at least at the shores of this great country daily, and counts, he was an excellent pilot and outset, will not be engaged in the in- we sometimes forget our unsung he- an even better person. vestigation. I’m of the view that the roes. Tasked with multiple missions May God bless and comfort his fam- NTSB should be a partner in any such every day, the Coast Guard relies on its ily and friends. investigations of military aircraft in skills and the expertise of the per- Mr. CUMMINGS. I yield 5 minutes to U.S. territorial airspace. That is a mat- sonnel to stop drug runners, to perform the chairman of the committee, the ter for another time, but as we pay search and rescue operations, and to gentleman from Minnesota (Mr. OBER- tribute to and acknowledge those who secure our ports and our waterways. STAR). gave their lives in service of this coun- It saddens me that we lost seven of Mr. OBERSTAR. I thank the gen- try in pursuance of their mission, I these brave men and women last week tleman from Maryland again, the Chair think it’s important to recall that while on duty as they were conducting of the Coast Guard Subcommittee, for there is more we can and must do to a search and rescue effort. In addition, his diligent work on this very tragic improve safety in the domestic air- the two Marine Corps pilots that lost resolution. It is very important to pay space, including safety under the con- their lives fully lived their Corps recognition to those who lost their trol of our military units. motto of ‘‘Always Faithful.’’ Their sac- lives. I was very deeply touched by the b 1400 rifice while on a military training ex- remarks of the gentlewoman from Cali- ercise off the coast of California echoes fornia, the gentleman from New Jersey There will be further attention paid the sacrifice and the risk that all our (Mr. LOBIONDO) and Chairman CUM- to this issue. We will pursue the safety men and women in uniform face in the MINGS. issues engaged in this tragedy. But for armed services. These are courageous servicemen and the moment, we must mourn the loss Both the Coast Guard and the Marine -women, those in the U.S. Coast Guard, of those crew members whom Mr. CUM- Corps serve globally and, let us not for- those in the U.S. Marine Corps, our MINGS already noted in his remarks. get, locally to protect our communities oldest service unit, which predates the Mr. LOBIONDO. Mr. Speaker, I am and to provide humanitarian aid when establishment of our own Nation. The pleased to yield such time as he may it’s necessary. We must not forget Coast Guard itself was the third act of consume to the gentleman from North those sacrifices, their missions, and the first session of the first Congress Carolina (Mr. COBLE). that at any time anything can go by this committee, the Committee on Mr. COBLE. I thank my friend from wrong. And we must always remember Rivers and Harbors, that established New Jersey for yielding, and I com- those that we have lost during their the Revenue Cutter Service to collect mend the gentlelady from California time of service. duties on inbound cargoes and repay for having introduced this very signifi- I know the Coast Guard had a memo- the debts of the Revolutionary War. cant resolution. rial service Friday in Sacramento The Revenue Cutter Service later be- Mr. Speaker, I would like to take a which, unfortunately, I was unable to came the U.S. Coast Guard. That Coast moment or two to express our condo- go to, but I felt that it was important Guard every year responds to over lences to the families, friends and to introduce this resolution at this 60,000 calls for help, every year saves members of our Armed Forces associ- time to honor those that died. These over 5,000 lives. It is tragic that in the ated with the crew of the Coast Guard brave individuals fulfilled their com- course of their search and rescue serv- C–130 and the Marine Corps AH–1W mitment to serve and to defend the ice that Coast Guard men and women Super Cobra who collided on October United States at any cost. Of course, should have lost their lives. 29, 2009, off the California coast.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.000 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27844 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Mr. Speaker, it’s difficult to lose Mr. ISSA. Madam Speaker, today the men and women of the Marine Corps are ‘‘Al- servicemembers under any cir- House of Representatives recognizes the ways Faithful’’ to their mission of defending cumstances, and this accident is no ex- service and sacrifice of the members of the the United States on the ground, in the air, ception. The seven members of the United States Coast Guard and the United and by sea, in every corner of the globe. Coast Guard C–130 crew were in the States Marine Corps who were tragically killed These individuals lost their lives in service to midst of a search-and-rescue mission during exercises off the coast of California their country and I, as well as every other while the Marine Corps Super Cobra three weeks ago. Member of Congress, should support this res- was involved in a military escort mis- On October 29, 2009, a Coast Guard C–130 olution in their honor. sion. These servicemembers were an- plane and a Marine AH–1 Cobra helicopter Mr. CUMMINGS. Madam Speaker, I swering the call of duty to protect and collided off the coast of Southern California. yield back the balance of my time. serve others and paid the ultimate sac- The Marine pilots were conducting training The SPEAKER pro tempore (Ms. rifice. As a former Coast Guardsman about 15 miles off San Clemente Island when CHU). The question is on the motion of- and a Member of Congress, I believe it they collided with the U.S. Coast Guard plane, fered by the gentleman from Maryland is appropriate to recognize their serv- which was based out of the Coast Guard Air (Mr. CUMMINGS) that the House suspend ice and honor their lives. This resolu- Station in Sacramento, CA. the rules and agree to the resolution, tion is a significant gesture of expres- These brave Marines and Coast Guardsmen H. Res. 891, as amended. The question was taken. dedicated their lives to protecting our freedom sion to show our gratitude for their The SPEAKER pro tempore. In the and safety. Such tragedies are a reminder of service and sacrifice. opinion of the Chair, two-thirds being Mr. CUMMINGS. Madam Speaker, we the dangers all men and women of our armed in the affirmative, the ayes have it. have no other speakers, so I will con- forces face, whether they are stationed in Af- Mr. CUMMINGS. Madam Speaker, on tinue to reserve the balance of my ghanistan, California, or anywhere else in the that I demand the yeas and nays. time. world. The yeas and nays were ordered. Mr. LOBIONDO. Once again, Madam H. Res. 891 offers Members of the House of The SPEAKER pro tempore. Pursu- Speaker, we join with the Nation in Representatives an appropriate opportunity to ant to clause 8 of rule XX and the our thoughts and prayers for the fami- express our thoughts and prayers to families Chair’s prior announcement, further lies and for those who have lost their and friends of these service members. Our proceedings on this motion will be lives in honoring all those who serve. I hearts are with them during this difficult pe- postponed. urge all of my colleagues to support riod. f the resolution. Ms. JACKSON-LEE of Texas. Madam I yield back the balance of my time. Speaker, I rise today in support of H. Res. H. DALE COOK FEDERAL BUILDING Mr. CUMMINGS. Madam Speaker, I 891, ‘‘Expressing the gratitude of the House of AND UNITED STATES COURT- yield myself as much time as I may Representatives for the service to our Nation HOUSE consume. of the Coast Guard and Marine Corps aircraft Mr. CUMMINGS. Madam Speaker, I Once again, I urge all of our Members pilots and crewmembers lost off the coast of move to suspend the rules and pass the to vote in favor of this very, very im- California on October 29, 2009, and for other bill (H.R. 3305) to designate the Federal portant resolution. And I will say to purposes.’’ The safety of American citizens building and United States courthouse the families of these service persons lies in the hands of our service men and located at 224 South Boulder Avenue in that they are in our prayers. We thank women on a daily basis. With honor and re- Tulsa, Oklahoma, as the ‘‘H. Dale Cook all of our personnel for what they do spect our service men and women devote Federal Building and United States every day, so often putting their lives their lives to their duty and time and time Courthouse’’. on the line so that we might enjoy the again they prove to be faithful servants. We in The Clerk read the title of the bill. freedoms that we do enjoy. the Gulf Coast region will never forget their The text of the bill is as follows: Mr. RICHARDSON. Madam Speaker, I rise bravery in saving 22,000+ lives during Hurri- H.R. 3305 today in strong support of H. Res. 891 which cane Katrina. Be it enacted by the Senate and House of Rep- recognizes and honors the Coast Guard and On the evening of October 29, 2009, a resentatives of the United States of America in Marine Corps aircraft pilots and crewmembers Coast Guard C–130 aircraft with two pilots Congress assembled, and five crewmembers on board was involved SECTION 1. DESIGNATION. who lost their lives off the coast of Southern The Federal building and United States California on October 29, 2009. in a search and rescue mission off the coast courthouse located at 224 South Boulder Av- Let me take a moment to commend Con- of California. Unfortunately at the same time, enue in Tulsa, Oklahoma, shall be known gresswoman LORETTA SANCHEZ, who hails a Marine Corps AH–1W Super Cobra carrying and designated as the ‘‘H. Dale Cook Federal from my home state of California, for her lead- two pilots was involved in a military escort Building and United States Courthouse’’. ership in bringing this resolution to the floor mission nearby. The two aircraft are sus- SEC. 2. REFERENCES. and giving us the opportunity both to mourn pected to have collided while traveling east of Any reference in a law, map, regulation, our loss of these individuals and to thank the San Clemente Island, California. The following document, paper, or other record of the United States to the Federal building and Coast Guard and the Marine Corps for their crew members of the Coast Guard C–130 are United States courthouse referred to in sec- brave service to this country. missing and presumed to have lost their lives tion 1 shall be deemed to be a reference to I was truly devastated when I heard the in the line of duty: Lt. Cmdr. Che J. Barnes of the ‘‘H. Dale Cook Federal Building and news on October 29, 2009, of a collision be- Capay, California; Lt. Adam W. Bryant, of United States Courthouse’’. tween a Coast Guard transport plane and a Crewe, Virginia; Chief Petty Officer John F. The SPEAKER pro tempore. Pursu- Marine Corps helicopter off the coast of Seidman of Stockton, California; Petty Officer ant to the rule, the gentleman from Southern California, not far from my district. At 2nd Class Carl P. Grigonis of Mayfield Maryland (Mr. CUMMINGS) and the gen- the same time, I was deeply grateful for those Heights, Ohio; Petty Officer 2nd Class Monica tleman from Florida (Mr. MARIO DIAZ- members of the Coast Guard and the Navy L. Beacham of Decaturville, Tennessee; Petty BALART) each will control 20 minutes. who immediately went out and conducted an Officer 2nd Class Jason S. Moletzsky of Nor- The Chair recognizes the gentleman intense search and rescue mission to locate ristown, Pennsylvania; and Petty Officer 3rd from Maryland. any possible survivors of the crash. Class Danny R. Kreder II, of Elm Mott, Texas. GENERAL LEAVE We are indebted to the men and women The following crew members of the Marine Mr. CUMMINGS. Madam Speaker, I who dedicate their lives to the Coast Guard Corps helicopter are missing and presumed to ask unanimous consent that all Mem- and the Marine Corps. Even in the face of a have lost their lives in the line of duty: Maj. bers may have 5 legislative days in tragedy such as this one, one that affects Samuel Leigh of Kennebec, Maine, and 1st Lt. which to revise and extend their re- members of their own community, these brave Thomas Claiborne of Douglas, Colorado. marks and include extraneous material men and women are ready and willing to The men and women of the Coast Guard on H.R. 3305. serve their country in whatever way nec- are ‘‘Always Ready’’ to safeguard the United The SPEAKER pro tempore. Is there essary. I support this resolution and urge my States against all hazards and threats at our objection to the request of the gen- colleagues to do the same. ports, at sea, and around the world. As the tleman from Maryland?

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In the United States courthouse at 224 mitted to his belief that politics should addition, Judge Cook sat several times by South Boulder Avenue in Tulsa, Okla- play no role in the dispensing of justice designation with the U.S. Court of Appeals for homa, as the H. Dale Cook Federal and demonstrated that belief in his ju- the Tenth Circuit. Building United States Courthouse. dicial rulings and the administration of Judge Cook succumbed to cancer just over H. Dale Cook was a veteran of World his responsibilities as chief judge. He a year ago, on September 23, 2008. He con- War II who served as a flight instruc- was a man of fairness and integrity tinued to hear cases on the Federal bench tor. After the war, he studied law at who opened each court session with until only a few months before he passed the University of Oklahoma and then ‘‘God bless the United States and save away. Judge Cook was held in high esteem by embarked on a long legal career in this honorable court.’’ his peers and served with distinction as a Fed- electoral politics. After being twice Judge Cook’s greatest legacy may be eral judge. It is both proper and fitting to honor elected the chief prosecuting attorney the restoration and the reopening of his civic contributions with this designation. in his county, he went on to serve as the original Federal courthouse in I urge my colleagues to join me in sup- assistant U.S. attorney. He subse- Tulsa, Oklahoma. When the Federal porting H.R. 3305. quently alternated between govern- courts were moved to another building Mr. MARIO DIAZ-BALART of Flor- ment service and private practice for about 45 years ago, the old Federal ida. Madam Speaker, at this time, I several years before being nominated building sat largely unused. Judge yield back the balance of my time. to the Federal judiciary by President Cook saw this building as a solution Mr. CUMMINGS. Madam Speaker, I Gerald Ford in 1974. Judge Cook served when there became a need for addi- urge the Members to vote in favor of as a district court judge for some 34 tional court space. He spearheaded the this resolution, and I yield back the years until his death on September 23, effort to restore it to its original splen- balance of my time. 2008. dor. Judge Cook used his powers of per- The SPEAKER pro tempore. The Judge Cook was an honorable and suasion and his influence as chief judge question is on the motion offered by well-respected civil servant and had a of the Northern District to insist on the gentleman from Maryland (Mr. long and distinguished record of public conforming the courthouse to its origi- CUMMINGS) that the House suspend the service. The designation of the United nal design and decorum. Without his rules and pass the bill, H.R. 3305. States courthouse at 224 South Boulder The question was taken; and (two- Avenue in Tulsa, Oklahoma, in his involvement, the building would have never been used for its current purpose, thirds being in the affirmative) the honor is a fitting memorial to his serv- rules were suspended and the bill was ice, and I urge the House to adopt H.R. and the beauty of a lost era would not be visible as it is today in Tulsa, Okla- passed. 3305. A motion to reconsider was laid on With that, Madam Speaker, I reserve homa. the table. the balance of my time. By his direct efforts, the building is Mr. MARIO DIAZ-BALART of Flor- now included in the National Register f ida. Madam Speaker, at this time I of Historic Places and is currently used RESERVE OFFICERS ASSOCIATION would like to recognize the impas- for the courtrooms, judicial chambers, MODERNIZATION ACT OF 2009 the bankruptcy court and affiliated sioned advocate and the sponsor of this Ms. CHU. Mr. Speaker, I move to sus- legislation for 5 minutes, the gen- Federal offices of the Northern District pend the rules and pass the bill (S. 1599) tleman from Oklahoma (Mr. SULLIVAN), of Oklahoma. Due to the vision and to amend title 36, United States Code, who has been pushing for this resolu- hard work of Judge Cook, the building to include in the Federal charter of the tion. is now being used for its original pur- Mr. SULLIVAN. Madam Speaker, it pose, as a Federal judicial courthouse. Reserve Officers Association leadership is with great pleasure that I rise today Preserving the beauty of a lost era as positions newly added in its constitu- to honor Judge H. Dale Cook. Judge a Federal judge, he conducted his du- tion and bylaws. Cook was a World War II veteran who ties in a nonpartisan manner. It is my The Clerk read the title of the bill. The text of the bill is as follows: spent nearly 50 years in public service hope that the naming of this Federal and more than 33 years as a United building will be an equally bipartisan S. 1599 States district judge in Oklahoma. effort to honor this exceptional man Be it enacted by the Senate and House of Rep- Judge Cook began his career in public for his exemplary career in public serv- resentatives of the United States of America in Congress assembled, service in 1951 when he was elected ice and bringing the Federal court- house back to its original grandeur. SECTION 1. SHORT TITLE. county attorney for Logan County and This Act may be cited as the ‘‘Reserve Offi- Guthrie. He would hold several other I urge the adoption of H.R. 3305. cers Association Modernization Act of 2009’’. positions in public service in Okla- Mr. OBERSTAR. Madam Speaker, I rise in SEC. 2. INCLUSION OF NEW LEADERSHIP POSI- homa, including first assistant U.S. at- support of H.R. 3305, a bill introduced by the TIONS IN THE FEDERAL CHARTER torney, chief trial attorney and legal gentleman from Oklahoma (Mr. SULLIVAN), OF THE RESERVE OFFICERS ASSO- counsel and adviser to Governor Henry which designates the United States court- CIATION. Bellmon. house at 224 South Boulder Avenue in Tulsa, (a) NATIONAL EXECUTIVE COMMITTEE.—Sec- tion 190104(b)(2) of title 36, United States In the early 1970s, Judge Cook Oklahoma, as the ‘‘H. Dale Cook Federal Code, is amended— worked in Washington, D.C., for the Building and United States Courthouse.’’ (1) by inserting ‘‘the president elect,’’ after Social Security Administration until Judge Cook was a well respected jurist who ‘‘the president,’’; beginning his career as a Federal judge served as a Federal judge for well over 30 (2) by inserting ‘‘a minimum of’’ before ‘‘3 in 1974 when he was sworn in as U.S. years. Judge Cook served as a lieutenant in national executive committee members,’’; district judge in the Northern, Eastern the U.S. Army Air Corps during World War II and and Western Districts of Oklahoma. and later as member of the U.S. Air Force Re- (3) by striking ‘‘except the executive direc- Five years later in 1979, Judge Cook be- serve. During his long legal career, Judge tor,’’ and inserting ‘‘except the president elect and the executive director,’’. came chief judge of the Northern Dis- Cook served as an attorney in private practice, (b) OFFICERS.—Section 190104(c) of such trict of Oklahoma and served in that chief prosecuting attorney in his county, as an title is amended— capacity for 13 years. assistant U.S. attorney, counsel to the Gov- (1) in paragraph (1)— In 1992, Judge Cook took senior sta- ernor of Oklahoma, and finally as a member of (A) by inserting ‘‘a president elect,’’ after tus to enable the appointment of an ad- the Federal judiciary. ‘‘a president,’’;

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(B) by inserting ‘‘a minimum of’’ before ‘‘3 resentatives CARNEY and GARY G. MIL- charter to reflect technical changes national executive committee members,’’; LER. made to its Constitution and bylaws, (C) by striking ‘‘a surgeon, a chaplain, a I commend the House sponsors as such as the addition of the position of historian, a public relations officer,’’; and well as Chairman CONYERS and Rank- ‘‘president elect’’ and the allowance for (D) by striking ‘‘as decided at the national convention’’ and inserting ‘‘specified in the ing Member SMITH for their leadership more than three executive committee constitution of the corporation’’; and in moving this bill swiftly to the floor. members. That is what this legislation (2) in paragraph (2)— It is important to point out that this accomplishes. The Senate passed the (A) by inserting ‘‘and take office’’ after ‘‘be bill does not run afoul of the Immigra- bill in September by unanimous con- elected’’; and tion Subcommittee’s policy to not cre- sent, and I’ve introduced a companion (B) by striking ‘‘and the national public re- ate any new Federal charters. Rather House version in this body. lations officer,’’ and inserting ‘‘the judge ad- than create a new Federal charter, it I urge my colleagues to support this vocate, and any other national officers speci- merely amends a nearly 60-year-old ex- meritorious legislation, which will fied in the constitution of the corporation,’’. isting charter. allow the Reserve Officers Association (c) VACANCIES.—Section 190104(d)(1) of such to continue to play a vital role here in title is amended by striking ‘‘president and This policy against new charters was last past president,’’ and inserting ‘‘presi- first adopted by the subcommittee of Washington. dent, president elect, and last past presi- jurisdiction 20 years ago in the 101st Mr. Speaker, I reserve the balance of dent,’’. Congress and has strong bipartisan my time. (d) RECORDS AND INSPECTION.—Section support. It is based on the considered Ms. CHU. Mr. Speaker, I reserve the 190109(a)(2) of such title is amended by strik- judgment that a congressional charter balance of my time. Mr. COBLE. I have one speaker re- ing ‘‘national council;’’ and inserting ‘‘other is unnecessary to the operation of any national entities of the corporation;’’. maining, Mr. Speaker. I yield to the charitable organization and may false- distinguished gentleman from Cali- The SPEAKER pro tempore (Mr. ly imply to the public that an organi- fornia (Mr. GARY G. MILLER) such time CUMMINGS). Pursuant to the rule, the zation and its activities carry a con- as he may consume. gentlewoman from California (Ms. CHU) gressional seal of approval. and the gentleman from North Caro- Mr. GARY G. MILLER of California. Moreover, this policy reflects the Mr. Speaker, I want to thank Chair- lina (Mr. COBLE) each will control 20 subcommittee’s judgment that the in- minutes. man CONYERS and Ranking Member vestigation and monitoring of a char- SMITH for allowing S. 1599 to come to The Chair recognizes the gentle- tered organization takes congressional woman from California. the floor today. I want to also thank time and resources that are better my colleague, HOWARD COBLE, who just GENERAL LEAVE spent on important policy and over- previously spoke before me, a retired Ms. CHU. I ask unanimous consent sight efforts. That we are taking up U.S. Coast Guard captain, and CHRIS that all Members have 5 legislative this body’s valuable time today to rat- CARNEY, an active reservist Navy com- days to revise and extend their re- ify simple changes to the ROA’s leader- mander, for introducing the House marks and include extraneous material ship structure is evidence in itself that companion bill. I also wish to thank on the bill under consideration. Congress should not be increasing the the committee staff for working so The SPEAKER pro tempore. Is there number of chartered organizations. diligently behind the scenes to bring objection to the request of the gentle- b 1415 the bill to the floor today. woman from California? Founded in 1922, then chartered by There was no objection. That having been said, because S. Congress in 1950, the Reserve Officers Ms. CHU. I yield myself such time as 1599 makes only technical amendments Association’s mission is to ‘‘support I may consume. to an existing charter and does nothing and promote development and execu- Mr. Speaker, S. 1599 amends the near- to create a new charter, I support this tion of a military policy for the United ly 60-year-old Federal charter of the legislation. States that will provide adequate na- Reserve Officers Association to reflect I reserve the balance of my time. tional security.’’ ROA is a first-class, simple changes that have already been Mr. COBLE. Mr. Speaker, I yield my- member-oriented association which made to the organization’s structure. self such time as I may consume. provides the men and women who serve The Reserve Officers Association was The gentlelady from California (Ms. our Nation in the cause of freedom a founded in 1922 and received a Federal CHU) pretty well touched very thor- voice in creating government policy. charter by Congress in 1950. oughly on this subject matter, and I’ll ROA has a long list of policy accom- As Congress observed at the time, the add somewhat to that. I rise in strong plishments and an ambitious long- purpose of the corporation is to sup- support of S. 1599. The Reserve Officers range program for the coming decade port and promote the development and Association is well known and re- and beyond. Today ROA is still proudly execution of a military policy for the spected in Washington, D.C. It was serving our Nation’s soldiers, sailors, United States that will provide ade- founded in 1922 by General ‘‘Black airmen, and Marines in so many ways. quate national security. The ROA rep- Jack’’ Pershing with a mission to ‘‘sup- This legislation, once enacted into law, resents the Reserve Components offi- port and promote the development and will allow ROA to make the necessary cers for the Army, Air Force, Navy, execution of a military policy for the technical changes within its organiza- Marine Corps, Coast Guard, the Air and United States that will provide ade- tion to stay effective as an association. Army National Guard, Public Health quate national defense.’’ In 2010, ROA will be celebrating its Service and the officers of the National The Reserve Officers Association has 60th year as a congressionally char- Oceanic and Atmospheric Administra- as its goal to ensure adequate re- tered organization. I wish them contin- tion. sources for the National Guard and the ued success and thank them for their This bill makes a number of tech- various reserve components and ensure service to our country. nical changes to the ROA’s Federal that these entities play a key role in Mr. COBLE. Mr. Speaker, I have no charter. For instance, the charter will the national defense. The Association further requests for time, and I yield now include the newly created position also is dedicated to the support of the back the balance of my time. of president-elect and there would be interests of our citizen soldiers, their Ms. JACKSON-LEE of Texas. Mr. Speaker, more positions on the ROA’s National families and their survivors. Member- I rise today to speak in support of the Reserve Executive Committee. S. 1599 was in- ship is open to all federally commis- Officers Association Modernization Act. As a troduced by Senators LEAHY, CHAM- sioned military officers and warrant of- member of the Homeland Security Committee, BLISS and PRYOR and passed the Senate ficers and their spouses. There are cur- I understand the role of the brave men and in September. Identical legislation was rently about 65,000 members. women of the National Guard and the Re- introduced in the House by Representa- The Reserve Officers Association re- serves and I strongly support legislation that tive HOWARD COBLE, my colleague on ceived a Federal charter in 1950. The facilitates their ability to continue to provide an the Judiciary Committee, and Rep- Association would like to modify its excellent service to the United States.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27847 The Reserve Officers Association was provide a valuable and honorable service to Whereas SEARCH has pioneered the devel- founded in 1922 by several hundred military the United States of America. opment of both technology and policy solu- officers, many of whom were veterans of Ms. CHU. I urge my colleagues to tions for justice implementation of biomet- support S. 1599, and I yield back the ric technologies, thereby enabling electronic World War I. The Association was concerned fingerprints to become a rapid, reliable, and that in the wake of World War I, the compla- balance of my time. cost-effective identification authentication cency and isolationism that was sweeping The SPEAKER pro tempore. The process and further supporting information across the political landscape would lead to a question is on the motion offered by sharing and collaboration among and be- return to America’s pre war unpreparedness. the gentlewoman from California (Ms. tween agencies; In June 1950, President Truman signed the CHU) that the House suspend the rules Whereas SEARCH has made a profound Reserve Officers Association’s charter into and pass the bill, S. 1599. contribution, working with the Department law. Today, over 80 years after the Associa- The question was taken. of Justice, to develop successive generations The SPEAKER pro tempore. In the of privacy and security policies that are now tion’s founding, the complacency that its reflected in both Department of Justice reg- founders feared is long gone, yet the Reserve opinion of the Chair, two-thirds being ulations and Federal legislation; Officers Association remains committed to its in the affirmative, the ayes have it. Whereas SEARCH has played a critical role mission: ‘‘. . . [to] support and promote the Mr. COBLE. Mr. Speaker, on that I in the development of systems such as the development and execution of a military policy demand the yeas and nays. Interstate Identification Index (III), the Na- for the United States that will provide ade- The yeas and nays were ordered. tional Instant Criminal Background Check quate National Security.’’ The SPEAKER pro tempore. Pursu- System (NICS), commonly called the Brady Today, the Reserve Officers Association is ant to clause 8 of rule XX and the check system, the National Fingerprint File organized into 55 departments with one de- Chair’s prior announcement, further (NFF), the Integrated Automated Finger- proceedings on this motion will be print Identification System (IAFIS), and key partment in each of the 50 states, and 5 addi- standards for information sharing and inter- tional departments located in Latin America, postponed. operability, such as the National Informa- Puerto Rico, Europe, the District of Columbia f tion Exchange Model (NIEM); and the Far East. Each department is further HONORING 40TH ANNIVERSARY OF Whereas SEARCH’s work with the Depart- divided into chapters. There are over 550 ments of Justice and Homeland Security SEARCH chapters around the world. helps the Nation’s justice and public safety The Reserve Officers Association helped to Ms. CHU. Mr. Speaker, I move to sus- communities plan, develop, implement, test, establish the bipartisan Reserve Component pend the rules and agree to the resolu- and manage interoperable communications Caucus in the House of Representatives, of tion (H. Res. 851) recognizing and hon- solutions; and oring the 40th anniversary of SEARCH, Whereas SEARCH has had many accom- which, of course, I am a member, to provide plishments over its 40-year history to help congressional oversight of Reserve issues and The National Consortium for Justice practitioners in criminal justice, public safe- programs. Information and Statistics, ty, and first response use information to Since the events of September 11, 2001, headquartered in Sacramento, Cali- plan for, predict, prevent, and interdict our country has relied more heavily on the Na- fornia. criminal events, terrorism, and disasters: tional Guard and the Reserves than at any The Clerk read the title of the resolu- Now, therefore, be it other time in recent history. The National tion. Resolved, That the House of Representa- Guard and the Reserves play a significant role The text of the resolution is as fol- tives recognizes and honors SEARCH, The National Consortium for Justice Information in the United States military, national security lows: and Statistics, on the occasion of its 40th an- and disaster relief efforts. The Reserves and H. RES. 851 niversary for accomplishments to promote the National Guard have stepped forward to Whereas the Department of Justice’s Law information sharing and identification solu- answer the call of duty in both Iraq and Af- Enforcement Assistance Administration cre- tions for first responders and law enforce- ghanistan. Furthermore, they have each ated SEARCH in 1969 as a 10-State project to ment officers, and for the protection of pri- played pivotal roles in homeland security and demonstrate whether it was feasible to ex- vacy and citizens’ rights. disaster relief. These new, demanding respon- change criminal history records on an auto- The SPEAKER pro tempore. Pursu- sibilities of the National Guard and the Re- mated and nationwide basis; ant to the rule, the gentlewoman from Whereas SEARCH not only demonstrated California (Ms. CHU) and the gentleman serves require an update of policies, and of the feasibility of an automated nationwide the Reserves Officers Association charter. system of sharing criminal records, but also, from North Carolina (Mr. COBLE) each This legislation is designed to update the through partnership with the Department of will control 20 minutes. Reserve Officers Association’s Federal Char- Justice, the Federal Bureau of Investigation, The Chair recognizes the gentle- ter to reflect the current operations of the As- State agencies and other organizations, woman from California. sociation. The bill extends the Association’s helped to establish the national criminal his- GENERAL LEAVE National Executive Committee, its governing tory record information system; Ms. CHU. Mr. Speaker, I ask unani- body, to include the Association’s president- Whereas SEARCH is a nonprofit organiza- mous consent that all Members have 5 elect. It also names the president-elect as an tion created by and for the States, governed by a Membership Group comprised of one gu- legislative days to revise and extend officer of the Association. Furthermore, it pro- bernatorial appointee from each of the their remarks and include extraneous vides for the possibility of having more than 3 States and territories; material on the resolution under con- national executive committee members as offi- Whereas SEARCH’s guiding vision is to en- sideration. cers and on the National Executive Com- sure ‘‘Accurate and timely information, sup- The SPEAKER pro tempore. Is there mittee. The bill also provides for one vote for ported by well-deployed information and objection to the request of the gentle- each member of the Committee except the identification technology, enables the jus- woman from California? president elect and the executive director. The tice and public safety decision-maker to ad- There was no objection. bill also provides for certain officers to be de- minister justice in a manner that promotes Ms. CHU. I yield myself such time as individual rights and public safety’’; cided in accordance with the Association’s Whereas SEARCH provides training and I may consume. Constitution. technical assistance to help the criminal jus- Mr. Speaker, House Resolution 851 It is our responsibility to provide for the tice community combat high-technology recognizes SEARCH, the National Con- needs of the National Guard and the Re- crimes, gather valuable information in in- sortium For Justice Information and serves. They each contribute to our Nation’s vestigations, and link the Nation’s law en- Statistics’ 40th anniversary. SEARCH military, our national security and disaster re- forcement agencies through policy and tech- is a nonprofit membership organization lief efforts. I am proud and honored to support nical solutions; dedicated to improving the criminal the brave men and women of the Reserves Whereas SEARCH helps agencies effec- justice system through better informa- tively implement information sharing tech- tion management and effective applica- and the National Guard by endorsing this leg- nology to make accurate, more informed, islation. I encourage all of my colleagues to immediate, and appropriately secured deci- tion of information and identification vote in support of this bill to bring the Reserve sions about criminal justice and security technology. SEARCH members are pri- Officers Association Federal Charter up to issues, and to administer justice in an effi- marily State criminal justice officials date so that the organization can continue to cient and effective manner; responsible for the management of

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27848 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 criminal justice information, particu- respective State governors. The group’s mation system. This framework has larly criminal history information. original goal was to see whether it was enabled State and local governments to SEARCH was founded in 1969 when possible to exchange and share crimi- collect, maintain and disseminate val- the Federal Law Enforcement Assist- nal history records on an automated uable criminal justice information. ance Administration created Project and nationwide basis. SEARCH not Today, SEARCH continues to provide SEARCH to explore the feasibility, only succeeded in demonstrating the law enforcement with the necessary practicality, and cost effectiveness of possibility of such an information- tools to combat high-technology developing a computerized criminal sharing program, but also, through crimes. Specifically, the organization history record system. Since its found- partnership with the Department of partners with the justice and public ing, SEARCH has sought to balance the Justice, the Federal Bureau of Inves- safety communities to provide quality individual’s right to privacy with soci- tigation, State agencies and other or- training programs and hands-on assist- ety’s need for criminal history infor- ganizations helped to establish the na- ance, and ensure that law enforcement mation. In 1970, for example, SEARCH tional criminal history record informa- agencies are well equipped to gather first published findings and rec- tion system. key intelligence to effectively protect, ommendations regarding the security, Specifically, SEARCH has played a investigate and respond to such crimi- privacy and confidentiality of informa- major part in developing programs nal actions. tion contained in computerized crimi- such as biometric technologies like For example, SEARCH recently as- nal history files. SEARCH has a long electronic fingerprinting, the Inter- sisted local authorities in northern history of involvement with criminal state Identification Index, National In- California to apprehend a band of background checks, and has been in- stant Criminal Background Check Sys- criminals after a reported crime. By valuable to the formulation of national tem, National Fingerprint File, the In- employing cyber technology to track and State policies that guide the scope tegrated Automated Fingerprint Iden- cell phone usage and location faster and use of criminal records. tification System, and the National In- than ever before, these innovative tools In 2005, SEARCH published the report formation Exchange Model. SEARCH help prevent further crimes from oc- of the National Task Force on the also provides training and technical as- curring. Time and time again, Mr. Speaker, Commercial Sale of Criminal Justice sistance to law enforcement agencies SEARCH has not only demonstrated its Record Information. This report was a when dealing with high-technology effectiveness in helping solve crimes comprehensive look at the role that crimes and information gathering. commercial background screening Through these various technologies, that have already been committed but companies play in the collection, main- SEARCH has helped agencies do their has also helped reduce the number of tenance, sale, and dissemination of jobs in a more thorough manner. Of- crimes being perpetrated in our neigh- criminal history record information for fenders often have criminal histories borhoods. Its unwavering commitment employment screening and other pur- that cross state jurisdictional lines. to ensuring our safety and the safety of poses. SEARCH concluded the work of Law enforcement officials having quick our children is truly impressive, and I the National Task Force on the Crimi- access to a suspect’s complete history commend the organization’s tireless ef- nal Backgrounding of America in 2006. means less missing pieces of the puzzle. forts toward this goal. This task force report was relied upon And through these technologies, b 1430 by the Department of Justice for its SEARCH has also helped agencies to do SEARCH employs 29 professional own report on criminal history back- their jobs in a more time- and re- staff in my district and has representa- ground checks. source-efficient manner. This increase tives in every State across this coun- SEARCH has played a critical role in in efficiency and decrease in time wast- try. the development of systems such as the ed has proved critical in helping our I ask that my colleagues join me Interstate Identification Index, the Na- law enforcement agencies keep Amer- today in celebrating the 40th anniver- tional Instant Criminal Background ica safe. sary of the National Consortium for Check System, also known as the I support this resolution. Justice Information and Statistics and Brady check system, the National Fin- I reserve the balance of my time. in honoring its incredible contributions gerprint File and the Integrated Auto- Ms. CHU. Mr. Speaker, I yield 4 min- to our criminal justice system. mated Fingerprint Identification Sys- utes to the sponsor of this resolution, Mr. COBLE. Mr. Speaker, I have no tem. Over its 40-year history, the gentlelady from California (Ms. requests for time, and I yield back the SEARCH’s work has helped criminal MATSUI). balance of my time. justice, public safety and first-response Ms. MATSUI. Mr. Speaker, I rise in Ms. JACKSON-LEE of Texas. Mr. Speaker, professionals use information to com- support of House Resolution 851, which I am pleased today to offer my support of bat crimes, acts of terrorism and disas- would recognize and honor the 40th an- House Resolution 851 recognizing and hon- ters. niversary of SEARCH, the National oring the 40th Anniversary of SEARCH, the For all these reasons, I urge my col- Consortium For Justice Information National Consortium for Justice Information leagues to support this important reso- and Statistics, an organization that’s and Statistics. For the past 40 years, lution. headquartered in my hometown of Sac- SEARCH has worked to identify and solve in- I reserve the balance of my time. ramento. For the last 40 years, formation management problems of law en- Mr. COBLE. Mr. Speaker, I yield my- SEARCH has been dedicated to admin- forcement agencies across the United States. self such time as I may consume. istering justice and enhancing public Accurate, efficient and effective communica- Mr. Speaker, in a post-9/11 world, we safety, and has been involved in numer- tions between and among Federal, State and understand the importance of ous facets of our criminal justice sys- local agencies have posed challenges to ef- technology- and information-sharing tem. fective public service since the beginning of between law enforcement agencies in In 1969, SEARCH was established as a organized governments in America. Thus, in keeping this country safe. That is why 10-state pilot project by the United 1969, the Department of Justice’s Law En- I support H. Res. 851, which recognizes States Department of Justice to inves- forcement Assistance Administration devel- and honors the 40th anniversary of tigate the feasibility of exchanging oped SEARCH, a 10-State project designed to SEARCH, the National Consortium for criminal history records on an auto- test the feasibility of an interstate automated Justice Information and Statistics. mated and nationwide basis. Using the exchange of criminal history records. The pro- SEARCH was created by the Depart- information gathered from this dem- gram was a success, and over the past 40 ment of Justice’s Law Enforcement As- onstration project and utilizing its years, SEARCH has maintained a leading role sistance Administration in 1969 as a 10– partnership with the department, the in providing solutions to information manage- State project. Members of the non- FBI, and various state agencies and or- ment challenges nationwide. profit organization are primarily state- ganizations, SEARCH helped create the SEARCH is a nonprofit organization created level justice officials appointed by the national criminal history record infor- by and for the States and governed by a

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 9920 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27849 membership group that includes one ap- cellular device data recovery tools to aid in ANNOUNCEMENT BY THE SPEAKER pointee from each of the 50 States, Puerto crime prevention. SEARCH also trains and PRO TEMPORE Rico and the U.S. Virgin Islands. Its mission is equips law enforcement agencies nationwide The SPEAKER pro tempore. Pursu- ‘‘to improve the quality of justice and public on issues of high-tech crime. It provides ant to clause 8 of rule XX, proceedings safety through the use, management and ex- courses through its outreach training program will resume on questions previously change of information; application of new tech- on topics including: systems security, digital postponed. nologies; and responsible law and policy; data recovery, and computer forensics. Fur- Votes will be taken in the following while safeguarding security and privacy.’’ ther, SEARCH provides resources for inves- order: SEARCH has succeeded in using information tigators investigating crimes involving the inter- H.R. 3360, by the yeas and nays; sharing technology to help agencies to make net such as online child exploitation. Such H. Res. 841, by the yeas and nays; accurate, informed, immediate and well-se- focus on technological advances is part of the The Speaker’s approval of the Jour- cured decisions about criminal justice and se- reason for the success of SEARCH over the nal, de novo; curity issues. past 40 years and will certainly be an impor- H. Res. 891, by the yeas and nays. SEARCH has played a crucial role in devel- tant component of its continued success over oping systems of collaboration for law enforce- The first electronic vote will be con- the next 40. ducted as a 15-minute vote. Remaining ment agencies across the Nation. A few ex- In addition to those SEARCH activities de- electronic votes will be conducted as 5- amples include: the Interstate Identification, a signed to aid law enforcement, I think it is im- minute votes. national index of criminal histories maintained portant to recognize and applaud SEARCH’s by the Federal Bureau of Investigation; the impact on public safety through its commu- f National Instant Criminal Background Check nications interoperability training programs. In- System, a mechanism for determining eligi- formation sharing and agency collaboration CRUISE VESSEL SECURITY AND bility to buy a firearm; the National Fingerprint plays an important role, not just in crime pre- SAFETY ACT OF 2009 File, a tool that allows States to maintain their vention, but also in disaster relief. In August The SPEAKER pro tempore. The un- own fingerprint records while still sharing infor- 2008, SEARCH was instrumental in enhancing finished business is the vote on the mo- mation with Federal and State law enforce- Texas’ communications response to Hurricane tion to suspend the rules and pass the ment agencies around the country; and the In- Gustav. bill, H.R. 3360, as amended, on which tegrated Automated Fingerprint Identification Gustav approached the State of Texas as a the yeas and nays were ordered. System, a national fingerprint identification and SEARCH All-Hazards Type III Communica- The Clerk read the title of the bill. criminal history system maintained by the Fed- tions Unit Leader, COML, training course was The SPEAKER pro tempore. The eral Bureau of Investigation. Such systems being conducted in my home town of Houston. question is on the motion offered by have been critical in sharing data to enhance As the hurricane bore down, the SEARCH in- law enforcement capabilities nationwide. structors immediately mobilized the State the gentleman from Maryland (Mr. It is important to recognize, however, that emergency managers along with their students CUMMINGS) that the House suspend the accuracy in law enforcement is as important to construct the State’s emergency commu- rules and pass the bill, H.R. 3360, as as vigilance. Accurate law enforcement re- nications response to Gustav. The instructors amended. quires strict focus on privacy rights especially then deployed some students from the course The vote was taken by electronic de- when sharing information. SEARCH has been to use the course’s teachings to coordinate vice, and there were—yeas 416, nays 4, instrumental in championing privacy and civil interoperable communications for emergency not voting 14, as follows: rights in law enforcement. SEARCH has ad- first responders. This is just one example of [Roll No. 892] dressed the need to protect privacy, civil rights how SEARCH’s programs have benefited, not YEAS—416 and civil liberties while promoting public and only the people of my home State of Texas, Abercrombie Bright Cuellar individual safety. but people all across the country. Efficient Ackerman Brown, Corrine Culberson For example, in its ‘‘Guide to Conducting Aderholt Brown-Waite, Cummings emergency response communications are an Adler (NJ) Ginny Dahlkemper Privacy Impact Assessments for State, Local, important part of keeping Americans safe. Akin Buchanan Davis (CA) and Tribal Information Sharing Initiatives,’’ Providing 40 years of effective information Alexander Burgess Davis (KY) SEARCH identifies the potential risks of law- management tools to Federal, State and local Altmire Burton (IN) Davis (TN) enforcement agency information-sharing. It Andrews Butterfield DeFazio agencies across the Nation is a wonderful ac- Arcuri Buyer DeGette writes: ‘‘[Data Sharing’s] inappropriate or reck- complishment. Indeed, SEARCH has man- Austria Calvert DeLauro less use may irreparably damage reputations, aged to stay at the forefront of communica- Baca Camp Dent threaten individual liberty, place personal safe- tions technology as it pertains to law enforce- Bachmann Campbell Diaz-Balart, L. ty at risk, or deny individuals access to some Bachus Cantor Diaz-Balart, M. ment and public safety. It has effectively navi- Baird Cao Dicks of life’s most basic necessities such as em- gated America’s transition to the information Baldwin Capito Dingell ployment, housing, and education. Greater in- age of the 21st century and provided services Barrow Capps Doggett formation-sharing capabilities and opportuni- to aid governments in saving lives. Bartlett Cardoza Donnelly (IN) Barton (TX) Carnahan Doyle ties are accompanied by equally greater re- Mr. Speaker, I encourage all my colleagues Bean Carney Dreier sponsibilities for protecting the privacy of the to vote in favor of this resolution to salute Becerra Carson (IN) Driehaus information being used and exchanged.’’ In SEARCH, the National Consortium for Justice Berkley Carter Duncan that document, SEARCH goes on to instruct Information and Statistics, for its success in Berman Cassidy Edwards (MD) Berry Castle Edwards (TX) agencies on how to assess the potential pri- providing quality tools for law enforcement and Biggert Castor (FL) Ehlers vacy risks of their information-sharing pro- public safety across the United States of Bilbray Chaffetz Ellison grams, and how to develop policies to help America. Bilirakis Chandler Ellsworth mitigate some of those risks. Ms. CHU. Mr. Speaker, I urge my col- Bishop (GA) Childers Emerson Bishop (NY) Chu Engel I further congratulate SEARCH on its cutting leagues to support House Resolution Bishop (UT) Clarke Eshoo edge technological advancements. Who could 851, and I yield back the balance of my Blackburn Clay Etheridge have guessed at the inception of SEARCH in time. Blumenauer Cleaver Fallin 1969 that communications systems would The SPEAKER pro tempore. The Blunt Clyburn Farr Boccieri Coble Fattah evolve as far as they have? Over the years, question is on the motion offered by Boehner Coffman (CO) Filner SEARCH has managed not only to keep up the gentlewoman from California (Ms. Bonner Cohen Fleming with the remarkable technological advances of CHU) that the House suspend the rules Bono Mack Cole Forbes and agree to the resolution, H. Res. 851. Boozman Conaway Fortenberry the past 40 years, but to be at the cutting Boren Connolly (VA) Foster edge. The original purpose of the SEARCH The question was taken; and (two- Boswell Conyers Foxx project was to examine the possibility of an thirds being in the affirmative) the Boucher Cooper Frank (MA) automated system for exchanging information rules were suspended and the resolu- Boustany Costa Franks (AZ) Boyd Costello Frelinghuysen about criminals. tion was agreed to. Brady (PA) Courtney Fudge Today, it uses a variety of technological A motion to reconsider was laid on Brady (TX) Crenshaw Gallegly tools ranging from biometric technologies to the table. Braley (IA) Crowley Garamendi

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27850 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Garrett (NJ) Lungren, Daniel Rogers (MI) NAYS—4 Fortenberry LoBiondo Reyes Gerlach E. Rooney Foster Loebsack Richardson Broun (GA) Lummis Giffords Lynch Ros-Lehtinen Foxx Lofgren, Zoe Rodriguez Flake Paul Gingrey (GA) Mack Roskam Frank (MA) Lowey Roe (TN) Gohmert Maffei Ross NOT VOTING—14 Franks (AZ) Lucas Rogers (AL) Gonzalez Maloney Rothman (NJ) Frelinghuysen Luetkemeyer Rogers (KY) Barrett (SC) Deal (GA) Pingree (ME) Goodlatte Manzullo Roybal-Allard Fudge Luja´ n Rogers (MI) Brown (SC) Delahunt Rohrabacher Gordon (TN) Marchant Royce Gallegly Lummis Rooney Capuano Jackson-Lee Tanner Granger Markey (CO) Ruppersberger Garamendi Lungren, Daniel Ros-Lehtinen Davis (AL) (TX) Tiahrt Graves Markey (MA) Rush Garrett (NJ) E. Roskam Davis (IL) Lewis (GA) Young (FL) Grayson Marshall Ryan (OH) Gerlach Lynch Ross Massa Giffords Mack Green, Al Ryan (WI) b 1458 Rothman (NJ) Green, Gene Matheson Salazar Gingrey (GA) Maffei Roybal-Allard Griffith Matsui Sa´ nchez, Linda Mr. CONAWAY changed his vote Gohmert Maloney Royce Grijalva McCarthy (CA) T. Gonzalez Manzullo Ruppersberger McCarthy (NY) from ‘‘nay’’ to ‘‘yea.’’ Goodlatte Marchant Guthrie Sanchez, Loretta Rush McCaul Gordon (TN) Markey (CO) Gutierrez Sarbanes So (two-thirds being in the affirma- Ryan (OH) McClintock Granger Markey (MA) Hall (NY) Scalise tive) the rules were suspended and the Ryan (WI) McCollum Graves Marshall Hall (TX) Schakowsky Salazar McCotter bill, as amended, was passed. Grayson Massa Halvorson Schauer Sa´ nchez, Linda McDermott The result of the vote was announced Green, Al Matheson Hare Schiff T. McGovern Green, Gene Matsui Harman Schmidt as above recorded. Sanchez, Loretta Harper McHenry Schock A motion to reconsider was laid on Griffith McCarthy (CA) McIntyre Grijalva McCarthy (NY) Sarbanes Hastings (FL) Schrader the table. Scalise Hastings (WA) McKeon Schwartz Guthrie McCaul McMahon Gutierrez McClintock Schakowsky Heinrich Scott (GA) f Schauer Heller McMorris Scott (VA) Hall (NY) McCollum Rodgers Hall (TX) McCotter Schiff Hensarling Sensenbrenner DRIVE SAFER SUNDAY Schmidt Herger McNerney Serrano Halvorson McDermott Meek (FL) The SPEAKER pro tempore. The un- Hare McGovern Schock Herseth Sandlin Sessions Schrader Higgins Meeks (NY) Sestak finished business is the vote on the mo- Harman McHenry Melancon Harper McIntyre Schwartz Hill Shadegg Mica tion to suspend the rules and agree to Hastings (FL) McKeon Scott (GA) Himes Shea-Porter Michaud Hastings (WA) McMahon Scott (VA) Hinchey Sherman the resolution, H. Res. 841, on which Miller (FL) Heinrich McMorris Sensenbrenner Hinojosa Shimkus the yeas and nays were ordered. Miller (MI) Heller Rodgers Serrano Hirono Shuler Miller (NC) The Clerk read the title of the resolu- Hensarling McNerney Sessions Hodes Shuster Miller, Gary tion. Herger Meek (FL) Sestak Hoekstra Simpson Miller, George Herseth Sandlin Meeks (NY) Shadegg Holden Sires The SPEAKER pro tempore. The Minnick Higgins Melancon Shea-Porter Holt Skelton question is on the motion offered by Mitchell Hill Mica Sherman Honda Slaughter Mollohan the gentleman from New York (Mr. Himes Michaud Shimkus Hoyer Smith (NE) Moore (KS) BISHOP) that the House suspend the Hinchey Miller (FL) Shuler Hunter Smith (NJ) Moore (WI) Hinojosa Miller (MI) Shuster Inglis Smith (TX) rules and agree to the resolution, H. Moran (KS) Hirono Miller (NC) Simpson Inslee Moran (VA) Smith (WA) Res. 841. Hodes Miller, Gary Israel Snyder Sires Murphy (CT) This will be a 5-minute vote. Hoekstra Miller, George Skelton Issa Murphy (NY) Souder The vote was taken by electronic de- Holden Minnick Jackson (IL) Space Slaughter Murphy, Patrick vice, and there were—yeas 413, nays 1, Holt Mitchell Smith (NE) Jenkins Murphy, Tim Speier Honda Mollohan Johnson (GA) Spratt not voting 20, as follows: Smith (NJ) Murtha Hoyer Moore (KS) Smith (TX) Johnson (IL) Myrick Stark [Roll No. 893] Hunter Moore (WI) Johnson, E. B. Stearns Smith (WA) Nadler (NY) Inglis Moran (KS) Snyder Johnson, Sam Napolitano Stupak YEAS—413 Inslee Moran (VA) Souder Jones Neal (MA) Sullivan Abercrombie Brady (TX) Costa Israel Murphy (CT) Space Jordan (OH) Neugebauer Sutton Ackerman Braley (IA) Costello Issa Murphy (NY) Speier Kagen Nunes Taylor Aderholt Bright Courtney Jackson (IL) Murphy, Patrick Spratt Kanjorski Nye Teague Adler (NJ) Broun (GA) Crenshaw Jenkins Murphy, Tim Stark Kaptur Oberstar Terry Akin Brown, Corrine Crowley Johnson (GA) Murtha Stearns Kennedy Obey Thompson (CA) Alexander Brown-Waite, Cuellar Johnson (IL) Myrick Stupak Kildee Olson Thompson (MS) Altmire Ginny Culberson Johnson, E. B. Nadler (NY) Sullivan Kilpatrick (MI) Olver Thompson (PA) Andrews Buchanan Cummings Johnson, Sam Napolitano Sutton Kilroy Ortiz Thornberry Arcuri Burgess Dahlkemper Jones Neal (MA) Taylor Kind Owens Tiberi Austria Burton (IN) Davis (CA) Jordan (OH) Neugebauer King (IA) Pallone Tierney Baca Butterfield Davis (KY) Kagen Nunes Teague King (NY) Pascrell Titus Bachmann Buyer Davis (TN) Kanjorski Nye Terry Kingston Pastor (AZ) Tonko Bachus Calvert DeFazio Kaptur Oberstar Thompson (CA) Kirk Paulsen Towns Baird Camp DeGette Kennedy Olson Thompson (MS) Kirkpatrick (AZ) Payne Tsongas Baldwin Campbell DeLauro Kildee Ortiz Thompson (PA) Kissell Pence Turner Barrow Cantor Dent Kilpatrick (MI) Owens Thornberry Klein (FL) Perlmutter Upton Bartlett Cao Diaz-Balart, L. Kilroy Pallone Tierney Kline (MN) Perriello Van Hollen Barton (TX) Capito Diaz-Balart, M. Kind Pascrell Titus Kosmas Peters Vela´ zquez Bean Capps Dicks King (IA) Pastor (AZ) Tonko Kratovil Peterson Visclosky Becerra Carnahan Dingell King (NY) Paulsen Towns Kucinich Petri Walden Berkley Carney Doggett Kingston Payne Tsongas Lamborn Pitts Walz Berry Carson (IN) Donnelly (IN) Kirk Pence Turner Lance Platts Wamp Biggert Carter Doyle Kirkpatrick (AZ) Perlmutter Upton Langevin Poe (TX) Wasserman Bilbray Cassidy Dreier Kissell Perriello Van Hollen Larsen (WA) Polis (CO) Schultz Bilirakis Castle Driehaus Klein (FL) Peters Vela´ zquez Larson (CT) Pomeroy Waters Bishop (GA) Castor (FL) Duncan Kline (MN) Peterson Visclosky Latham Posey Watson Bishop (NY) Chaffetz Edwards (MD) Kosmas Petri Walden LaTourette Price (GA) Watt Bishop (UT) Chandler Edwards (TX) Kratovil Pitts Walz Latta Price (NC) Waxman Blackburn Childers Ehlers Kucinich Platts Wamp Lee (CA) Putnam Weiner Blumenauer Chu Ellison Lamborn Poe (TX) Wasserman Lee (NY) Quigley Welch Blunt Clarke Ellsworth Lance Polis (CO) Schultz Levin Radanovich Westmoreland Boccieri Clay Emerson Langevin Pomeroy Waters Lewis (CA) Rahall Wexler Boehner Cleaver Engel Larsen (WA) Posey Watson Linder Rangel Whitfield Bonner Clyburn Eshoo Latham Price (GA) Watt Lipinski Rehberg Wilson (OH) Bono Mack Coble Etheridge LaTourette Price (NC) Waxman LoBiondo Reichert Wilson (SC) Boozman Coffman (CO) Fallin Latta Putnam Weiner Loebsack Reyes Wittman Boren Cohen Farr Lee (CA) Quigley Welch Lofgren, Zoe Richardson Wolf Boswell Cole Fattah Lee (NY) Radanovich Westmoreland Lowey Rodriguez Woolsey Boucher Conaway Filner Levin Rahall Wexler Lucas Roe (TN) Wu Boustany Connolly (VA) Flake Lewis (GA) Rangel Whitfield Luetkemeyer Rogers (AL) Yarmuth Boyd Conyers Fleming Linder Rehberg Wilson (OH) Luja´ n Rogers (KY) Young (AK) Brady (PA) Cooper Forbes Lipinski Reichert Wilson (SC)

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27851 Wittman Woolsey Yarmuth Foster Lofgren, Zoe Rodriguez Lipinski Murphy, Tim Shimkus Wolf Wu Young (AK) Frank (MA) Lowey Rooney LoBiondo Myrick Shuler Fudge Luja´ n Ross Lucas Neugebauer Shuster NAYS—1 Garamendi Lynch Rothman (NJ) Luetkemeyer Nunes Simpson Paul Gerlach Maffei Roybal-Allard Lummis Nye Smith (NE) Gonzalez Maloney Ruppersberger Lungren, Daniel Olson Smith (NJ) NOT VOTING—20 Goodlatte Markey (MA) Rush E. Pence Smith (TX) Barrett (SC) Deal (GA) Olver Grayson Massa Ryan (OH) Mack Peterson Souder Berman Delahunt Pingree (ME) Green, Al Matheson Salazar Manzullo Petri Stearns Brown (SC) Jackson-Lee Rohrabacher Green, Gene Matsui Sa´ nchez, Linda Marchant Platts Stupak Capuano (TX) Tanner Grijalva McCarthy (NY) T. Markey (CO) Poe (TX) Sullivan Cardoza Larson (CT) Tiahrt Gutierrez McClintock Sanchez, Loretta Marshall Price (GA) Taylor Davis (AL) Lewis (CA) Tiberi Hall (NY) McCollum Sarbanes McCarthy (CA) Rehberg Terry Davis (IL) Obey Young (FL) Halvorson McDermott Schakowsky McCaul Reichert Thompson (CA) Hare McGovern Schauer McCotter Roe (TN) Thompson (PA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Harman McHenry Schiff McKeon Rogers (AL) Thornberry The SPEAKER pro tempore (during Harper McIntyre Schock McMorris Rogers (KY) Titus Rodgers Rogers (MI) Turner Hastings (FL) McMahon Schrader the vote). Members have 2 minutes re- Melancon Ros-Lehtinen Upton Heinrich McNerney Schwartz maining in this vote. Mica Roskam Walden Heller Meek (FL) Scott (GA) Miller (FL) Royce Wamp Herseth Sandlin Meeks (NY) Scott (VA) b 1505 Miller (MI) Ryan (WI) Westmoreland Higgins Michaud Serrano Miller, Gary Scalise Whitfield So (two-thirds being in the affirma- Hill Miller (NC) Sestak Hinchey Miller, George Minnick Schmidt Wilson (SC) tive) the rules were suspended and the Shea-Porter Mitchell Sensenbrenner Wittman Hinojosa Mollohan Sherman resolution was agreed to. Hirono Moore (KS) Moran (KS) Sessions Wolf Sires Murphy (NY) Shadegg Young (AK) The result of the vote was announced Hodes Moore (WI) Skelton Holden Moran (VA) Slaughter ANSWERED ‘‘PRESENT’’—1 as above recorded. Holt Murphy (CT) Smith (WA) A motion to reconsider was laid on Honda Murphy, Patrick Gohmert Snyder Hoyer Murtha the table. Space NOT VOTING—13 Inslee Nadler (NY) Stated for: Speier Israel Napolitano Barrett (SC) Deal (GA) Rohrabacher Spratt Mr. TIBERI. Mr. Speaker, on rollcall No. Jackson (IL) Neal (MA) Brown (SC) Delahunt Tanner Stark 893, I was meeting with a constituent here in Johnson (GA) Oberstar Capuano Jackson-Lee Tiahrt Sutton the Capitol but was not able to make it back Johnson (IL) Obey Davis (AL) (TX) Young (FL) Johnson, E. B. Olver Teague Davis (IL) Pingree (ME) to the floor to cast a vote before time expired. Jones Ortiz Thompson (MS) Had I been present, I would have voted ‘‘yea.’’ Kagen Owens Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kanjorski Pallone Tierney The SPEAKER pro tempore (during f Kaptur Pascrell Tonko the vote). There are 2 minutes remain- Kennedy Pastor (AZ) Towns THE JOURNAL Kildee Paul Tsongas ing in this vote. Kilpatrick (MI) Paulsen Van Hollen The SPEAKER pro tempore. Pursu- Vela´ zquez b 1513 ant to clause 8 of rule XX, the unfin- Kilroy Payne Kind Perlmutter Visclosky Mr. LAMBORN changed his vote ished business is the question on agree- Walz Kirk Perriello from ‘‘aye’’ to ‘‘no.’’ ing to the Speaker’s approval of the Kissell Peters Wasserman Schultz So the Journal was approved. Journal, which the Chair will put de Klein (FL) Pitts Kosmas Polis (CO) Waters The result of the vote was announced novo. Kucinich Pomeroy Watson as above recorded. The question is on the Speaker’s ap- Lance Posey Watt proval of the Journal. Langevin Price (NC) Waxman f Weiner The question was taken; and the Larsen (WA) Putnam Larson (CT) Quigley Welch HONORING COAST GUARD AND MA- Speaker pro tempore announced that Latham Radanovich Wexler RINE CORPS AIRCRAFT PILOTS the ayes appeared to have it. Lee (CA) Rahall Wilson (OH) Levin Rangel Woolsey LOST IN CALIFORNIA RECORDED VOTE Lewis (GA) Reyes Wu The SPEAKER pro tempore. The un- Mr. CULBERSON. Mr. Speaker, I de- Loebsack Richardson Yarmuth finished business is the vote on the mo- mand a recorded vote. tion to suspend the rules and agree to A recorded vote was ordered. NOES—177 the resolution, H. Res. 891, as amended, The SPEAKER pro tempore. This is a Aderholt Campbell Gallegly Akin Cantor Garrett (NJ) on which the yeas and nays were or- 5-minute vote. Alexander Cao Giffords dered. The vote was taken by electronic de- Altmire Cardoza Gingrey (GA) The Clerk read the title of the resolu- vice, and there were—ayes 243, noes 177, Arcuri Carney Gordon (TN) tion. answered ‘‘present’’ 1, not voting 13, as Austria Carter Granger Bachmann Cassidy Graves The SPEAKER pro tempore. The follows: Bachus Childers Griffith question is on the motion offered by [Roll No. 894] Bartlett Coble Guthrie Barton (TX) Coffman (CO) Hall (TX) the gentleman from Maryland (Mr. AYES—243 Biggert Cole Hastings (WA) CUMMINGS) that the House suspend the Abercrombie Brown, Corrine Dahlkemper Bilbray Conaway Hensarling rules and agree to the resolution, H. Ackerman Butterfield Davis (CA) Bilirakis Connolly (VA) Herger Adler (NJ) Capito Davis (TN) Bishop (UT) Costa Himes Res. 891, as amended. Andrews Capps DeFazio Blackburn Crenshaw Hoekstra This is a 5-minute vote. Baca Carnahan DeGette Blunt Cuellar Hunter The vote was taken by electronic de- Baird Carson (IN) DeLauro Boehner Culberson Inglis vice, and there were—yeas 419, nays 0, Baldwin Castle Dent Bonner Davis (KY) Issa Barrow Castor (FL) Dicks Bono Mack Diaz-Balart, L. Jenkins not voting 15, as follows: Bean Chaffetz Dingell Boozman Diaz-Balart, M. Johnson, Sam [Roll No. 895] Becerra Chandler Doggett Boren Donnelly (IN) Jordan (OH) Berkley Chu Doyle Boustany Duncan King (IA) YEAS—419 Berman Clarke Dreier Brady (TX) Ehlers King (NY) Abercrombie Bachmann Berry Berry Clay Driehaus Bright Ellsworth Kingston Ackerman Bachus Biggert Bishop (GA) Cleaver Edwards (MD) Broun (GA) Emerson Kirkpatrick (AZ) Aderholt Baird Bilbray Bishop (NY) Clyburn Edwards (TX) Brown-Waite, Fallin Kline (MN) Adler (NJ) Baldwin Bilirakis Blumenauer Cohen Ellison Ginny Flake Kratovil Akin Barrow Bishop (GA) Boccieri Conyers Engel Buchanan Fleming Lamborn Alexander Bartlett Bishop (NY) Boswell Cooper Eshoo Burgess Forbes LaTourette Altmire Barton (TX) Bishop (UT) Boucher Costello Etheridge Burton (IN) Fortenberry Latta Andrews Bean Blackburn Boyd Courtney Farr Buyer Foxx Lee (NY) Arcuri Becerra Blumenauer Brady (PA) Crowley Fattah Calvert Franks (AZ) Lewis (CA) Austria Berkley Blunt Braley (IA) Cummings Filner Camp Frelinghuysen Linder Baca Berman Boccieri

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27852 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Boehner Foster Lofgren, Zoe Reichert Serrano Tierney construction began in 2007 when sat- Bonner Foxx Lowey Reyes Sessions Titus ellite photos prove it was started in Bono Mack Frank (MA) Lucas Richardson Sestak Tonko Boozman Franks (AZ) Luetkemeyer Rodriguez Shadegg Towns 2002. Boren Frelinghuysen Luja´ n Roe (TN) Shea-Porter Tsongas Most disturbing of all, the report in- Boswell Fudge Lummis Rogers (AL) Sherman Turner dicates that Tehran has now produced Boucher Gallegly Lungren, Daniel Rogers (KY) Shimkus Upton 13⁄4 tons of low-enriched uranium. That Boustany Garamendi E. Rogers (MI) Shuler Van Hollen Boyd Garrett (NJ) Lynch Rooney Shuster is enough for two bombs if enriched Vela´ zquez Brady (PA) Gerlach Mack Ros-Lehtinen Simpson Visclosky further. Four weeks ago, Iran was of- Brady (TX) Giffords Maffei Roskam Sires Braley (IA) Gingrey (GA) Maloney Ross Skelton Walden fered a deal to ship its uranium over- Bright Gohmert Manzullo Rothman (NJ) Slaughter Walz seas for processing, but instead of ac- Broun (GA) Gonzalez Marchant Roybal-Allard Smith (NE) Wamp cepting, it gave us more delays. To- Brown, Corrine Goodlatte Markey (CO) Royce Smith (NJ) Wasserman day’s report makes it clear that we Brown-Waite, Granger Markey (MA) Ruppersberger Smith (TX) Schultz Ginny Graves Marshall Rush Smith (WA) Waters can’t afford to offer any more deals or Buchanan Grayson Massa Ryan (OH) Snyder Watson accept any more delays. Burgess Green, Al Matheson Ryan (WI) Souder Watt This House took full action when it Burton (IN) Griffith Matsui Salazar Space Waxman passed the Iran Sanctions Enabling Act Butterfield Grijalva McCarthy (CA) Sa´ nchez, Linda Speier Weiner Buyer Guthrie McCarthy (NY) T. Spratt Welch and must now pass the Iran Refined Pe- Calvert Gutierrez McCaul Sanchez, Loretta Stark Westmoreland troleum Sanctions Act. The time for Camp Hall (NY) McClintock Sarbanes Stearns Wexler action is now. Campbell Hall (TX) McCollum Scalise Stupak Whitfield f Cantor Halvorson McCotter Schakowsky Sullivan Wilson (OH) Cao Hare McDermott Schauer Sutton Wilson (SC) Capito Harman McGovern Schiff Taylor AMERICANS OPPOSE AMNESTY Wittman Capps Harper McHenry Schmidt Teague Wolf (Mr. SMITH of Texas asked and was Cardoza Hastings (FL) McIntyre Schock Terry Carnahan Hastings (WA) McKeon Schrader Thompson (CA) Woolsey given permission to address the House Carney Heinrich McMahon Schwartz Thompson (MS) Wu for 1 minute and to revise and extend Carson (IN) Heller McMorris Scott (GA) Thompson (PA) Yarmuth his remarks.) Young (AK) Carter Hensarling Rodgers Scott (VA) Thornberry Mr. SMITH of Texas. Mr. Speaker, Cassidy Herger McNerney Sensenbrenner Tiberi Young (FL) Castle Herseth Sandlin Meek (FL) with 15 million people unemployed, it’s Castor (FL) Higgins Meeks (NY) NOT VOTING—15 no wonder that Americans increasingly Chaffetz Hill Melancon Barrett (SC) Delahunt Napolitano are concerned about illegal immigra- Chandler Himes Mica Brown (SC) Gordon (TN) Rohrabacher tion. A CNN/Opinion Research poll Childers Hinchey Michaud Capuano Green, Gene Tanner Chu Hinojosa Miller (FL) Davis (AL) Israel Tiahrt found that only 36 percent of Ameri- Clarke Hirono Miller (MI) Davis (IL) Jackson-Lee cans now approve of the President’s Clay Hodes Miller (NC) Deal (GA) (TX) handling of illegal immigration, and 58 Cleaver Hoekstra Miller, Gary Clyburn Holden Miller, George ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE percent disapprove. Coble Holt Minnick The SPEAKER pro tempore (during The poll also found that 73 percent of Coffman (CO) Honda Mitchell Americans want to see the number of Cohen Hoyer Mollohan the vote). There are 2 minutes remain- Cole Hunter Moore (KS) ing in this vote. illegal immigrants in the U.S. de- Conaway Inglis Moore (WI) creased. This is the highest percentage Connolly (VA) Inslee Moran (KS) b 1520 since the question was first asked in Conyers Issa Moran (VA) So (two-thirds being in the affirma- 2006. In addition, Gallup reported that Cooper Jackson (IL) Murphy (CT) Costa Jenkins Murphy (NY) tive) the rules were suspended and the a percentage of Americans supporting a Costello Johnson (GA) Murphy, Patrick resolution, as amended, was agreed to. decrease in overall immigration levels Courtney Johnson (IL) Murphy, Tim The result of the vote was announced increased from 39 percent to 50 percent Crenshaw Johnson, E. B. Murtha Crowley Johnson, Sam Myrick as above recorded. in the last year. Cuellar Jones Nadler (NY) A motion to reconsider was laid on The Obama administration should Culberson Jordan (OH) Neal (MA) the table. put the interests of Americans ahead of Cummings Kagen Neugebauer those of illegal immigrants. Dahlkemper Kanjorski Nunes f Davis (CA) Kaptur Nye REMOVAL OF NAME OF MEMBER f Davis (KY) Kennedy Oberstar Davis (TN) Kildee Obey AS COSPONSOR OF H.R. 3904 NEW YORKERS DEMAND JUSTICE DeFazio Kilpatrick (MI) Olson Mr. HINOJOSA. Mr. Speaker, I ask (Mr. WEINER asked and was given DeGette Kilroy Olver DeLauro Kind Ortiz unanimous consent to have my name permission to address the House for 1 Dent King (IA) Owens removed as a cosponsor of H.R. 3904. minute and to revise and extend his re- Diaz-Balart, L. King (NY) Pallone The SPEAKER pro tempore (Mr. marks.) Diaz-Balart, M. Kingston Pascrell Dicks Kirk Pastor (AZ) JACKSON of Illinois). Is there objection Mr. WEINER. Mr. Speaker, earlier Dingell Kirkpatrick (AZ) Paul to the request of the gentleman from today, in an effort to scare people and Doggett Kissell Paulsen Texas? to frighten them, a Member of this Donnelly (IN) Klein (FL) Payne There was no objection. House came to the floor and suggested Doyle Kline (MN) Pence Dreier Kosmas Perlmutter f that the idea of having the trial of Driehaus Kratovil Perriello Khalid Sheikh Mohammed in New York Duncan Kucinich Peters INTERNATIONAL ATOMIC ENERGY might jeopardize the family of the Edwards (MD) Lamborn Peterson AGENCY REPORT ON IRAN Edwards (TX) Lance Petri mayor of the city of New York. Ehlers Langevin Pingree (ME) (Mr. QUIGLEY asked and was given Now putting aside for a moment that Ellison Larsen (WA) Pitts permission to address the House for 1 we have an opportunity in New York to Ellsworth Larson (CT) Platts minute and to revise and extend his re- have New Yorkers stand before the bar Emerson Latham Poe (TX) Engel LaTourette Polis (CO) marks.) of justice and serve on a jury to finally Eshoo Latta Pomeroy Mr. QUIGLEY. Mr. Speaker, today put Khalid Sheikh Mohammed to Etheridge Lee (CA) Posey the International Atomic Energy Agen- death, and that is exactly the way it Fallin Lee (NY) Price (GA) Farr Levin Price (NC) cy released disturbing new information should be, for any Member of this Fattah Lewis (CA) Putnam about Iran. The U.N. watchdog said House to suggest that somehow to sup- Filner Lewis (GA) Quigley Iran could be constructing several port the decision to have a trial would Flake Linder Radanovich more covert nuclear installations. The jeopardize family members of the Fleming Lipinski Rahall Forbes LoBiondo Rangel report also said that Iran lied about mayor of the city of New York is out- Fortenberry Loebsack Rehberg the facility we do know about, saying rageous. Now that Member knows who

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27853 he is. That Member should apologize. the FBI quickly told us he is not a ter- this a reflection on all Muslims in the That Member then should be quiet. rorist. The authorities told us not to Army? Absolutely not. We have those It is one thing to bring a baby to the jump to conclusions while they jump to in the Muslim faith loyally serving in floor of Congress and use it as a prop conclusions. Iraq and Afghanistan. Many speak during the health care debate and quite The news media has called Hasan ev- Farsi and help our troops in combat. another to suggest that the family of erything but a terrorist. Hasan was But it is a reflection on one person who the mayor of the city of New York called a ‘‘lone gunman’’ or a ‘‘troubled radicalized. might be in danger because they have a individual’’ who somehow suffered from There were warning signs, and inter- different political view of how to carry post-traumatic stress disorder. The ventions should have occurred much out justice. main problem with that is he hadn’t earlier. It’s a reflection on the Army’s been deployed overseas, so how could ability to be decisive and take care of f he have post-traumatic stress disorder? business, take care of a threat when CONFERRING U.S. CONSTITU- Maybe it should be called pre-post- they see it. They missed the obvious. TIONAL RIGHTS ON FOREIGN traumatic stress disorder. The question is: Is this continuing to SOLDIERS They said Hasan’s terrorist rampage happen in the military? Are they going was an ‘‘isolated incident,’’ a ‘‘random to continue to ignore the obvious? (Mr. CULBERSON asked and was act of violence.’’ Hasan was ‘‘under Hasan had murdered 14 people, includ- given permission to address the House stress,’’ ‘‘harassed’’ and was somehow ing a pregnant soldier and her unborn for 1 minute.) forced to ‘‘snap.’’ And they even blame child. She was sent back home from Mr. CULBERSON. Mr. Speaker, for it on guns. But don’t call him a ter- Iraq out of the war zone to have her the first time in American history, for- rorist. baby. eign soldiers captured on foreign bat- The day after Hasan’s terrorist at- Mr. Speaker, when it gets to the tlefields are being given U.S. constitu- tack, reports leaked out that he had point where political correctness puts tional rights. The bigger issue for me yelled the standard terrorist ‘‘Allahu the lives of our troops in danger on and my constituents and the people of Akbar,’’ Arabic for ‘‘God is great,’’ American soil at their home base, it’s Texas, what outrages us most about while gunning down innocent people. well past time to stop playing prepos- these terrorists being tried in New According to The Dallas Morning terous PC games. York, is that now for the first time, News, authorities are investigating By the way, Mr. Speaker, do you this administration and this liberal whether Hasan wired money to Paki- know what the military officially calls Congress are giving U.S. constitutional stan terrorist groups in recent months. terrorists? We don’t use that term rights to foreign soldiers captured on ‘‘terrorist’’ anymore. They are offi- b 1530 foreign battlefields. cially called alien unlawful belliger- They are going to lawyer up at tax- His apartment cost $350 a month and ents. Now, isn’t that lovely. We can’t payer expense. They are going to all didn’t have much furniture in it. He call them terrorist or killers or crimi- ask for every constitutional right that drove an old car, but he made over nals because that might hurt their feel- a regular U.S. criminal defendant gets, $100,000 a year. Now people are asking, ings. and they are going to get off on tech- Where did all that money go? The American military, the FBI, and nicalities. Now think about that for a According to a colleague at Walter the media must deal with the facts and minute. Khalid Sheikh Mohammed and Reed Hospital, Hasan gave an hour- the truth without trying to mislead these terrorists are going to be freed on long lecture there on what he called the American public. technicalities. the ‘‘Koranic View of Military Service, And that’s just the way it is. No U.S. soldier should be held to the Jihad, and War.’’ Instead of the med- f same standard as a police officer on the ical lecture he was supposed to talk SMART POWER CAN SUCCEED streets of New York. It’s wrong. It vio- about, Hasan talked about punishment WHERE MILITARY POWER ALONE lates our core principles as a Nation, visited upon infidels—consignment to HAS FAILED and it endangers our military. We can- hell, decapitation, and having hot oil not give U.S. constitutional rights to poured down your throat. According to The SPEAKER pro tempore. Under a enemy soldiers captured on foreign bat- his colleague at the hospital, this previous order of the House, the gentle- tlefields, especially these murderers, ‘‘freaked a lot of doctors out.’’ Well, no woman from California (Ms. WOOLSEY) these terrorists held at Guantanamo. kidding. But apparently not enough for is recognized for 5 minutes. anyone to break their politically cor- Ms. WOOLSEY. Mr. Speaker, last f rect silence and report him. Why have week on Veterans Day the American SPECIAL ORDERS the politically correct police made people paid tribute to the heroic men and women who have and are serving in The SPEAKER pro tempore (Mr. those who report crime so timid? Hasan’s colleagues said that he was our military. Fortunately, most vet- BRIGHT). Under the Speaker’s an- the kind of guy who the staff actually erans return home safe and sound. nounced policy of January 6, 2009, and stood around in the hallway saying, Do They devote themselves to their fami- under a previous order of the House, you think this guy is a terrorist or is lies. They become leaders in their com- the following Members will be recog- he just odd? Nothing was done. And munities. I know many veterans in my nized for 5 minutes each. why wasn’t he formally reported by district. They are among the most re- f colleagues? There are no answers. spected and beloved neighbors. But too Hasan exchanged emails with an al many veterans, Mr. Speaker, never get NIDAL HASAN, TERRORIST—AKA Qaeda recruiter in Yemen 20 times. Ac- the chance to resume their lives. They ‘‘ALIEN UNLAWFUL BELLIG- cording to the Wall Street Journal, the die in battle or they return home with ERENT’’ Pentagon said they were never told by terrible wounds that will never heal. The SPEAKER pro tempore. Under a intelligence agencies about the emails, Their loving families feel scars of war, previous order of the House, the gen- which raises even more questions. too—especially the children. tleman from Texas (Mr. POE) is recog- The FBI, Army Intelligence, the CIA, Today, American soldiers continue to nized for 5 minutes. apparently they’re still not talking to face danger in Afghanistan and in Iraq. Mr. POE of Texas. Mr. Speaker, each other. So we need congressional Nearly 5,300 have already died in those Major Nidal Malik Hasan is a terrorist. investigations on this entire situation. two conflicts. About 35,000 have been If anyone needs confirmation, it says I’ve asked that the Terrorism Sub- wounded. And when the wounded re- on his own business cards, Soldier of committee, which I serve on in Con- turn home, they often face many chal- Allah, and those business cards were gress, investigate this situation. lenges. found in his apartment. Within an hour There were warning signs that were According to a study by the Harvard of his terrorist attack on Fort Hood, ignored because he was a Muslim. Is Medical School, over 130,000 veterans

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27854 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 are homeless. Over 2,200 veterans died ASTRONAUT ROBERT SATCHER Nashville, Tennessee; and he is a lay last year because they didn’t have The SPEAKER pro tempore. Under a Episcopal minister with primary re- health insurance. And, Mr. Speaker, previous order of the House, the gen- sponsibility for visiting the sick and many veterans are out of work in this tleman from Illinois (Mr. DAVIS) is rec- shut-in members of the church at St. recession. ognized for 5 minutes. Edmonds Episcopal Church in Chicago This Congress and President Obama Mr. DAVIS of Illinois. Yesterday, as and St. James Episcopal Church in and his administration recognize these STS–129 lifted off, there was a very Houston. problems and we made some good definite glint of pride in my eyes and He was selected for Astronaut Can- progress in addressing them. This spring in my step because one of the didate training by NASA in May of 2004 House has passed new legislation that astronauts on board was Mission Spe- and completed training in February of helps veterans. We have passed a cialist Robert Satcher, doctor, chem- 2006. On STS–129, Dr. Satcher is sched- strong health insurance reform bill ical engineer, and native of Oak Park, uled to perform two EVAs—space that will help veterans. In addition, Illinois, and the Seventh Congressional walks—among other assignments. For General Shinseki, the Secretary of Vet- District. those who want to follow Dr. Satcher erans Affairs, has promised an all-out Dr. Satcher is the second astronaut on Twitter, he will be tweeting as effort to end veterans’ homelessness. to hail from Oak Park on the western astrolbones and ZeroGlMD. He has also launched a new effort to border of Chicago. Any community to Godspeed to you, Dr. Satcher. Bobby, strengthen housing, education, employ- boast of such a record of producing as- you have a lot of fans back on Earth, ment, and medical care opportunities tronauts deserves a second look, but and especially those in Oak Park, Illi- for our veterans. for a community with just over 50,000 nois. residents to accumulate such a record, We need to do all of this, Mr. Speak- something must be going on that is f er, and we need to do more. But I have very right. But, of course, in the end, it always believed that the best way to THE SPOILS OF WAR is up to the individual to determine serve our veterans is to do everything what to do with the circumstances of The SPEAKER pro tempore. Under a we can to keep them out of harm’s way their lives. previous order of the House, the gentle- in the first place. That means sending Dr. Robert Satcher has done some woman from Ohio (Ms. KAPTUR) is rec- our troops to war only as a last resort, amazing things with his life. An ortho- ognized for 5 minutes. when we have explored every other al- pedic surgeon who practices at North- Ms. KAPTUR. In Iraq, after thou- ternative. western Memorial and Children’s Me- sands upon thousands of lost lives and In Afghanistan, we haven’t met that morial hospitals, teaches at North- hundreds of thousands of disabling in- test. We have relied almost exclusively western University Medical School, juries, after a trillion dollars of U.S. on the military solution for over 8 long does research at the Lurie Comprehen- treasure added to our Nation’s debt, years. And we see where that’s gotten sive Cancer Center of Northwestern after an incalculable amount of U.S. us—absolutely nowhere. and the Institute for Bioengineering prestige being lost, one aspect about Mr. Speaker, we have learned that and Nanotechnology in Advanced Medi- Iraq remains defining: It’s all about oil there is no military solution to Af- cine at Northwestern, Dr. Satcher is a and the spoils of oil across that region. ghanistan, and we’ve learned that les- nephew of former U.S. Surgeon General Exxon, the largest U.S. oil company, son the hard way. We have learned it David Satcher. He is married to Dr. with profits totaling $40.6 billion in through the number of dead and D’Juanna Satcher, and they have a 2008—a record—just got its first con- wounded. That’s why I urge President daughter, Daija. tract inside Iraq. Foreign oil compa- Obama to say ‘‘no’’ to sending more Dr. Satcher was a Schweitzer Fellow nies like Exxon were thrown out of troops to Afghanistan. Our troops have at the Albert Schweitzer Hospital in that country four decades ago when already been stretched to the limit by Lambarene, Gabon, completed numer- Saddam Hussein nationalized Iraq’s oil repeated deployments. Their families ous medical missions for outreach care fields. have already suffered enough on the to underserved areas in Nicaragua, Michael Klare, in his prescient book homefront. Escalating the war will Venezuela, Nigeria, Burkina Faso, and about resource wars, ‘‘Blood and Oil,’’ only help the violent extremists in Af- Gabon. He held internships at DuPont connects the dots. What a shame our ghanistan to recruit more violent ex- in the Textile Fibers Research Group world is so primitive, people brutally tremists to attack our troops. and the Polymer Products Division. fight over diminishing resources as Growing up, he was a National Merit global energy extraction giants advan- Instead of pursuing the same failed Scholar and received the Monsanto tage themselves, far from home, in the strategy of the past, I have called for a Award and the Albert G. Hill Award wake of our soldiers, tapping largesse new strategy that relies on all the ef- from MIT, fellowships from both the these oil giants covet. fective tools of smart security. These Robert Wood Johnson Foundation and Iraq ranks fourth in global oil re- tools include diplomacy, humanitarian the UNCF/Merck Research Foundation, serves behind Saudi Arabia, Canada, aid, economic development, education, and is a member of the Tau Beta Pi En- and Iran. Iraq’s central government is civil affairs, and better intelligence gineering Honor Society. He is a Lead- now picking winners in the great oil and police work to search out and cap- ership Fellow of the American Acad- prize bonanza—the ‘‘Iraqi Oil Con- ture extremists. At least 80 percent of emy of Orthopedic Surgeons, ABC Fel- tracting Rush of 2009.’’ Oil has domi- all further funding for Afghanistan low of the American Orthopedic Asso- nated Iraq’s economy for generations. should be devoted to these smart power ciation, Bloomberg Leadership Fellow, Oil has traditionally provided more efforts. and has completed 12 research grants than 90 percent of that country’s ex- Mr. Speaker, the casualty figures are and has 15 peer-review publications and change earnings, and that is likely to growing in Afghanistan. We owe it to over 25 presentations at national and be the case for a few decades to come our courageous troops to protect their international research meetings. until it’s all sucked dry. lives before we have another Iraq on He has been active in the Big Brother According to the Washington Post, our hands. Smart security must be for Youth at Risk Counseling Program; the oil ministry is expected to hold a used because it can get us a lot farther Department of Corrections, San Fran- new bidding round in December for un- in Afghanistan, much further than cisco, California; a tutor for the Black developed fields. Those are also for military power alone. Student Union tutorial program at service agreements. Oil giants hope the Mr. Speaker, let’s change our strat- MIT; the National Society of Black En- deals could one day lead to production- egy before it’s too late. Let’s bring our gineers; the American Institute of sharing deals, long a goal of energy troops home. Let’s bring them home Chemical Engineering; a supervising firms that have been shut out of the safe, sound, and successful. adult for Cub Scout Camp for Boys in Middle East for years.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27855 b 1545 There are three goals of health re- in administrative costs by creating 111 The oil giants, Exxon-Mobil and form, and they’re commonly said to be new bureaucracies, boards, and com- Royal Dutch/Shell, signed a $50 billion controlling cost to provide access to missions. It is just laughable to think deal with Iraq to extract oil from the high-quality care. In the hospital that we are going to put that much Western Qurna oil field, one of Iraq’s where I work, a safety net hospital, more money into administration, build largest oil fields located north of they are committed, they are so pas- that many more buildings, hire that Rumaila field, west of Basra in south- sionate for the underserved folks who many more people and at the same ern Iraq. Western Qurna is believed to are med techs, physical therapists, time say we’re decreasing administra- hold 11 to 15 billion barrels of recover- ward clerks, physicians and nurses. But tive costs. able reserve. This prize of a deal gives the problem is, if there is a budget There is very little in the bill that Exxon-Mobil, Shell and their partners shortfall, then inevitably, services suf- incentivizes a healthy lifestyle. You $1.90 per barrel above the current pro- fer. can argue that those provisions in the duction rate of 2.5 million barrels per So it doesn’t matter how passionate bill that address this weaken the cur- day, and they hope to increase produc- we are in our service. The fact is that rent provisions that we’re finding effec- tion to 7 million per day over the next if there are insufficient resources in tive. And, lastly, there is not a whole 6 years, meaning a windfall of $3.1 bil- the State at the end of the budget year, lot that provides cost transparency. In- lion per year. then services suffer. It may be that the deed, one of the things that has been Are the lives of our soldiers worth it? nurse staffing has decreased and hos- used to encourage cost transparency is The giant Exxon Mobil/Shell consor- pital beds are closed so that if some- the use of health savings accounts, and tium beat out the other oil giant con- body comes to the emergency room, now health savings accounts are being sortiums, led by Russia’s LUKOIL, they have to wait in the emergency taxed, as they have not been before. France’s Total and a consortium led by room before they’re admitted. And in- So it’s not surprising if these three China’s CNPC. Dictators have come evitably when that happens, the hos- imperatives are not addressed that we and gone, foreign armies have come pital goes into what is called divert, can say that cost is not being con- and gone, some still remain. whereas instead of coming to our hos- trolled. Now, by the way, it’s not just One thing remains constant about pital, they will be diverted to another me who says that costs are not being Iraq. Oil is still the big prize. That is hospital. That’s because if you don’t controlled. We have here a quote from why American and European oil com- control cost, inevitably, access and The Washington Post, and we also have pany giants going all the way back to quality suffer. a quote from The Washington Times. the Ottoman Empire have coveted con- Now, I was struck that President The Post article says, speaking of this trol of their crude. Cynics would even Obama agrees with this. President bill: ‘‘It does not do enough to control say they have been willing to go to war Obama continually speaks about the costs, and it is not funded in a sustain- over it. As we observe the continuing need to bend the cost curve down, the able way.’’ The headline from The New rush to the oil fields by a world that need to control costs because if we do York Times—I think this was Novem- must transition to a greener and sus- not control costs, then our economy ber 10—‘‘Democrats raise alarms over tainable energy future, one must ask suffers and the ability to provide care health bill costs.’’ Democrats are rais- the tough question, Are the lives of our suffers. Now, it’s one thing to say that ing alarms over the cost of this health noble military going to be expended— we’re going to control cost in order to bill. That’s so important because if you for how long?—far away from home to expand access to quality care, but can look in any health care system, if access a resource that is diminishing you’ve got to have a plan on how to get you don’t effectively control costs, globally while America’s Treasury is there. eventually access to quality care suf- emptied, supporting wars in foreign There is a company called McKinsey fers. places to tap a resource that, by 2050, & Company, and on their Web site, I have been living this for 20 years. In will be gone, never to return again. they have a great article that you can my life, I know this to be true. So here Civilized people should demand more download called ‘‘The Three Impera- we see from a couple different sources, than fighting resource wars of the past tives of Health Care Reform.’’ Without The Post and The Times, that this bill for an oil giant’s prizes, for limited re- achieving these three imperatives, does not do enough to control costs. maining time on this planet. It’s time then, we cannot control cost in a way Now, it turns out it isn’t just The to think hard about where we have ex- which expands access to quality care. Post and The Times that have such tended our most precious assets and to Now the three imperatives that they concerns. There is an article in Reu- say, It’s time to come home. list are decreasing administrative ters, and Reuters says that China is costs, how much money we put into the now questioning the cost of our U.S. f bureaucracy as opposed to patient care, health care reform. Since China buys HEALTH CARE REFORM incentivizing healthy lifestyle. Put dif- so much of our debt, it turns out they The SPEAKER pro tempore. Under ferently, if people insist on smoking have a vested interest in making sure the Speaker’s announced policy of Jan- and drinking and if they’re too heavy, that we have our financial house in uary 6, 2009, the gentleman from Lou- it doesn’t matter how much we throw order. So to read the article from Reu- isiana (Mr. CASSIDY) is recognized for at health care; we will never control ters: ‘‘Guess what? It turns out the 60 minutes as the designee of the mi- cost because we are always try to catch Chinese are kind of curious about how nority leader. up with the disease as opposed to pre- President Barack Obama’s health care Mr. CASSIDY. Thank you, Mr. venting it. And, lastly, cost trans- reform plans would impact America’s Speaker. Although you called me ‘‘mis- parency. Someone going in for knee huge fiscal deficit. Government offi- ter,’’ I am actually a physician; and so surgery needs to know how much her cials are using his Asian trip as an op- in my other life—I actually saw pa- bill will be before she goes in as op- portunity to ask the White House ques- tients just yesterday at a public hos- posed to learning about it 2 months tions. Detailed questions. Boilerplate pital in Louisiana, a safety net hos- later when she gets the bill. assurances that America won’t default pital where I have worked for the last It is important for us, therefore, to on its debt or inflate the shortfall away 20 years. So caring for the uninsured achieve our goals of cost containment are apparently not cutting it.’’ has been my life’s work since com- to provide access to quality care to I think it’s important for us as an pleting my residency and returning work through these three imperatives. American people and our country to home. I’ve learned that if you don’t Now, the bill we just passed, H.R. 3962, look at the bill that was just passed pay attention to costs that it doesn’t on the face of it does not achieve these that is going over to the Senate and to matter how passionate you are for the three imperatives. As an example, if analyze how well does it control costs. uninsured; the fact is that you are un- you are going to decrease administra- Are the Chinese correct? The Wash- able to achieve your goals. tive costs, you don’t achieve a decrease ington Post, The New York Times, are

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27856 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 their articles correct? Or does it, in- there has been about a 7 to 10 percent stroke. The prevalence of these dis- deed, actually control costs and every- inflation rate over the United States. eases is so much more in our country one else is a little bit confused about I just met with a company based in relative to Europe that there’s at least it? my hometown of Baton Rouge, one article out there that suggests that Well, let’s go into that. First, re- Edelmayer, and Edelmayer has been the entirety of the cost differential be- member our three imperatives: you having about a 10 percent inflation tween the United States and Europe is have to decrease administrative costs, rate. But 2 years ago, they instituted a because the increased expense of treat- you have to incentivize healthy life- program where they first had all their ing these diseases such as diabetes, hy- styles, and you have to put in cost employees come in for a health assess- pertension, high cholesterol, stroke, transparency. Let’s talk about ment. Last year they had all their em- heart disease; they all kind of go under incentivizing healthy lifestyles and ployees come in for a health assess- the term of a metabolic syndrome, if how you do so. Now, as it turns out, ment—for example, do you smoke, are I’m allowed to speak like a physician. when the President talks about preven- you overweight, but also a physical And so if we’re not going to get a tive medicine, one of the kinds of dirty exam. Next year they are putting in, as handle on these, if we’re not going to little secrets of this—and as a physi- a covered benefit, a smoking cessation incentivize a healthy lifestyle so that cian, I can say this—if you are talking program. we’re not treating the disease on the about things such as colonoscopy, ac- Then 2 years from now—this is a 4- back end, as opposed to preventing it tually, if we did a colonoscope on ev- year process—they are going to de- on the front end, then we will never erybody over 50, as per the current rec- crease premiums for those that partici- achieve one of our principle three ommendation, it actually costs the pate in these smoking cessation pro- goals, which is to control cost, because, system a little bit more. Now, it’s a grams. Their premium costs, which again, working in a public hospital for good cost. If you find a polyp, remove have been increasing 7 percent to 10 20 years, I’ve learned, if you do not it, and prevent cancer, that is actually percent per year, are projected to only control cost, you do not have the ade- a very good thing; but it doesn’t save rise 3 percent per year when they insti- quate resources to expand access to money. tute the full program. So by putting in quality care. And according to the But there are some things you can do or incentivizing healthy lifestyles, independent sources, The Washington that will save money. If you can get they’re going to lower their inflation Post, The New York Times, China, this someone to stop smoking, it actually rate to 3 percent per year. cost, this bill before us has significant saves the system money. It also helps Now, H.R. 3962 actually weakens issues as regards its ability to control them in terms of their health. If you these provisions. Republican amend- costs. can get someone to lose weight, it ac- ments offered in committee would have Indeed, Centers for Medicare and tually saves the system money. Gen- increased the amount an employee Medicaid Services, called CMS, the eral Motors did a study—they have got could save if she participated in a Federal government’s already paying so many employees, they can do this wellness program, but these were de- for Medicare, which is the health care sort of thing—and they found that for feated basically on party-line votes. program for folks 65 and above, and a every 10 pounds that an employee lost, Similarly, there is a disassociation in large amount of money for Medicaid, that their health care costs went down H.R. 3962 from what a company can do which is the State Federal program for significantly. If the person had high to incentivize healthy lifestyles and the poor in each State. And there is a blood pressure, and they lost 10 pounds, how this provision works. new study, the Centers For Medicare their blood pressure got better. They As an example, H.R. 3962 requires and Medicaid Services, that finds that required less medicine. If they had dia- that a company pay at least 72.5 per- the health care reform bill recently betes, the diabetes became easier to cent of an employee’s insurance pre- passed in the House of Representatives control or in some cases the diabetes mium. Well, if you’ve got to pay at will increase health care spending to would go completely away. least 72.5 percent, that limits the 21.3 percent of our Gross Domestic Now, there are ways that you can amount you can decrease in order to Product, compared to 20.8 percent incentivize a healthy lifestyle. Under incentivize somebody to participate in under current law, bending the curve current law, companies are allowed to a wellness program. Now, the way you the wrong way. decrease by up to 20 percent the pre- could say it is, if someone participates If the President says that if we do miums they charge their employees if in a wellness program, you would pay nothing the status quo is such that the employee participates in a wellness 72.5 percent, but if they do not, you are costs will double, as it turns out, under program. So, for example, Safeway, allowed to decrease your contribution the reform package passed a week ago which is a large grocery store chain to 68 percent. in this Chamber, costs more than dou- across the United States, had a pro- ble. As crazy as it sounds, the reform gram where they will decrease their b 1600 bill we passed, according to the inde- premiums by 20 percent for those em- Now, remember, I’m not saying they pendent Centers For Medicare and ployees who participate and attend a have to stop smoking; I’m just saying Medicaid Services, the reform bill costs smoking cessation program. When they they have to participate in the more than the status quo. And I keep do so, they find that people—surprise, wellness program to stop smoking. So saying that because the President said surprise—stop smoking. there’s a key difference. Some people we’ve got to have reform to control Similarly, if someone joins an exer- will not be able to, but most people, if costs. And according to the Federal cise program or a dietary program if given the facts, will be able to do so. So Government, our reform costs more they are overweight and they lose if one of our three imperatives of low- than the status quo. At a minimum, re- weight—now, frankly, as I recall the ering health care cost is to incentivize form should not cost more than the way it’s structured, is that the person healthy lifestyles, we actually see status quo. We shouldn’t bend the just has to join the smoking cessation some of the programs which are now curve the wrong way. We should bend program. They don’t actually have to working well are gutted or made less the curve the right way. stop smoking. But just as it turns out, able to work effectively under the bill In addition, the CMS study gives a people, if exposed to information, act that we just passed. clearer cost estimate than the one pre- on that information, and they adjust Now, we’re never going to control viously given by the Congressional their lifestyles. So either by an exer- cost if we do not incentivize a healthy Budget Office. According to the CBO, cise program, a dietitian or by smoking lifestyle. As a physician, I will tell you the 10-year cost of the plan was $894 cessation programs, by participating in that part of what is driving the cost of billion. But the analysis included ear- these, they will lose weight. And health care in the United States is the lier years of very little government Safeway has kept their costs for their cost associated with diabetes, high spending. According to the Center for health insurance constant, whereas blood pressure, heart attack and Medicaid and Medicare Services, the

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27857 House approach will cost $1 trillion And so, with that money, it is money for a family of four. They found that from 2013 to 2019, or some $140 billion a that you are incentivized to spend the family of four, with the HSA, the year when put into effect. wisely. I’ll give you an example. Two health savings account, and the cata- So, in 7 years, it will cost $1 trillion. patients come to mind, or three pa- strophic policy on top, they found that Clearly, if the goals of health care re- tients. There’s one patient who’s got a that family’s cost of that HSA and cat- form are to control costs so that we traditional insurance policy, and a astrophic policy was 30 percent cheaper can expand access to quality care, ac- very nice woman. And she’s got an ex- than the cost of the traditional insur- cording to our government, the Chinese pensive policy but she’s a woman of ance policy for a family of four. And government, two prestigious news- means and she can afford it. And she they found that both families used pre- papers, this bill did not do so. What says, I never look at the bill. If the ventive services as frequently. does it do? Well, one thing it does is it doctor writes me a generic or a name So what we have here, if our goals of takes power away from patients and it brand drug I don’t care. My insurance health care reform are to control cost, turns it over to the Federal Govern- pays for it. When I get a bill from the to expand access to quality care by ment. Now, it’s going to sound like hospital, I don’t look at it. The insur- lowering premiums, the Kaiser Family rhetoric, so let me elaborate. Again, as ance pays for it. Foundation found that the family with a physician who’s worked for 20 years And so, because the insurance pays the HSA and catastrophic policy, their with the uninsured, I’ve learned that for everything, she likes her insurance policy costs were 30 percent cheaper when you put the patient in the middle policy, but she’s got the money to pay compared to traditional insurance. of process, if you say the most impor- for it. Contrast that with someone like They also found that 27 percent of tant person here is the patient, then the gentleman I’m about to describe. those people who had an HSA and a actually, you tend to lower costs and We’re talking about health savings ac- catastrophic policy were previously un- have healthier patients. counts. He goes, I have a health sav- insured; that 50 percent of people with If you think about it, that program ings account. I went to my doctor and these sorts of policies had family in- which lowers someone’s premiums 20 my doctor wrote me a prescription for comes of $50,000 or less, and that about percent if she participates in a wellness a medicine that I knew by experience 60 percent of such families had family program, it puts the responsibility for would cost $159. Now, notice, he didn’t incomes of $70,000 or less. someone’s health on the person with So, by controlling cost, the HSA cat- the greatest ability to make a change— say $160. He said $159, because he’s pay- astrophic policy, 30 percent cheaper, by that is the patient. If she is financially ing for this out of his account. And he controlling cost, those people who were rewarded for having a healthier life- said, my doctor wrote me for this medi- previously uninsured, 27 percent of the style, as it turns out she’ll have a cine for $159. I said, Doc, I have a folks with these HSAs were previously healthier lifestyle. We, as a society— health savings account. Do you mind uninsured, were able to now purchase not only will she be healthier, she will writing me for something cheaper? And insurance, and with this insurance have lower costs and, frankly, those the physician said, I’m sorry. You have lower costs, among millions of pa- an HSA, and he tore up that prescrip- they access preventive services as fre- tients, if you will, lowers the cost for tion and he wrote him for a generic. quently as those with traditional poli- the system. Now, you can say, why didn’t the cies. So the goals of reform were There’s one way to explain this. doctor write for the generic in the first achieved. Lowered cost, expanded ac- There’s something in the Republican place? He probably should have. On the cess to quality care. proposals called health savings ac- other hand, who is most responsible for I’ve been joined by a colleague of counts. Now, in a health savings ac- an individual’s health? The person mine who is also a physician, a family count, you put the patient in the mid- most responsible for an individual’s physician, also a small businessman. dle of the process in the following fash- health is that individual. And so, just And Dr. FLEMING, we’re discussing ion: A health savings account takes the like if I were to go to Target or Wal- costs and how control of cost is so es- money that a family would normally Mart and say, okay, I’m going to buy sential to expanding access to quality spend for a health care premium. It school uniforms for my children, it’s care. Do you mind sharing the anec- sluices off a portion of it and puts it really not Target’s responsibility to dote of that employee, when your into a bank account. So if with a tradi- prove to me that they are cheaper than group went to HSAs, because I want to tional insurance policy, at the begin- Wal-Mart. It’s my responsibility to see show how the two things I’ve discussed ning of the year, a family of four puts who’s cheaper and then to go to the so far have been how you can up $12,000, if at the end of the year place that gives me the best value for incentivize healthy lifestyles and con- they’ve not seen a doctor, well, they’ve my money. trol costs by decreasing premiums, if put up another $12,000 for the next So it puts the responsibility where you will, and also how health savings year. At the end of the year they put probably it most rightfully should be. accounts, by directly connecting peo- up another 12,000, and every year they And frankly, with that responsibility, ple with costs, can also be cost savings. put up another 12,000. In a health sav- the man responded. Instead of getting a Your anecdote combines those two. ings account you sluice off a portion, medicine that costs $159, he got a medi- Can I ask you to share that? and you put it into an account. cine that cost $20. The system saved Mr. FLEMING. Sure. I thank the Now, that money comes from the $139. If you multiply that across the gentleman, Dr. CASSIDY, my colleague money you’d ordinarily be spending for millions of transactions, then this sys- from Louisiana for doing a Special a premium. But instead of spending it tem saves millions and even billions of Order today, an opportunity to speak for a premium, you put it in this bank dollars. on that very subject. Yes. What you’re account. And instead of asking the in- Now, we have just gone from the referring to is a case in which my com- surance company to pay for a flu shot, anecdote of an individual patient. Let’s panies, my nonmedical companies, see- you pay for it out of your bank ac- talk about a study. Kaiser Family ing health care premiums rising an av- count. Instead of asking for the insur- Foundation, a little bit of a left of cen- erage of 10 to 15 percent per year, we ance company to pay for your arthritis ter group, but a good group, did a study found that to be an unsustainable in- medicine, you’d pay for it out of your where they compared the cost for a crease. And we began to analyze what bank account. The advantage is, at the family of four which had a health sav- are the choices, what are the options. end of the year, if you have money left ings account with a catastrophic policy Maybe we would pay less of the pre- over, instead of losing it, it rolls over on top, so if they have a terrible illness miums, perhaps we would just stop in- until the next year. Or, if you have a like a liver transplant that exceeded surance all together. We really weren’t family member whose costs are exces- the amount of money in their account, sure what we could do. sive, you can donate portions of your the catastrophic policy picks it up on And then I recall something that at health savings account to your family the top end. They compared it with the that time was a brand new concept, member. cost of a traditional insurance policy and that is a health savings account,

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And em- ness so I assume that people are of one costs $20, one cost $39, and yet now ployees would get as much as $50 a moderate income, and yet this is the by the bill that was passed by our col- month put into their health savings ac- policy that they have all chosen. So leagues on the Democratic side of the counts where they could purchase any unless you tell me that all of these aisle, we are now going to tax the pur- health care service or item they need- folks are wealthy, I will assume indeed chase of over-the-counter medicines ed, pretax. this is something that works for mid- when that purchase is made with a dle America. health savings account. It seems like b 1615 Mr. FLEMING. This is a fast food we’re going backwards in terms of In explaining this to my employees, business. It’s a steep pyramid which incentivizing people to use less costly however, as we gathered together, I means you have a wide base of entry- drugs. wanted to make sure everyone was on level employees and then middle man- I yield to the gentleman. the same page. I suggested to them agement and then just a few high-in- Mr. FLEMING. Congressman CAS- that this was the way we probably come folks. Remember, the employer is SIDY, I have looked at this for many would want to go, but I wanted to get putting the money into the health sav- years in terms of being a family physi- the input as to what their concerns ings account. That doesn’t mean that cian figuring out how to get the best might be. the patient or employee can’t also put cost care to a patient delivered—and I We had a lady who said, ‘‘Well, you some money in, but the lion’s share am sure you have in your specialist know, the problem with this is my in- was put in by us. And now after 6 years role—but also as a business. And I have halers. If I have to pay for them out of or so, those who have taken good care concluded over the years there are only my pocket or my health savings ac- of their health and not wasted the two ways to control costs in a health count each month, it is going to cost health care dollars now have saved as care system: either you do as we just me $100, maybe $150 a month. And true much as $15- to $20,000 in their family discussed, you have the doctor and the enough, this would come out of my health savings account which is triple, patient have a stake in the cost con- health savings account, but I don’t if not quadruple, what the deductible is trols for themselves or at least particu- know that my health savings account on their health policy. larly for the patient, in which case as would be able to withstand that.’’ Mr. CASSIDY. So what you’ve told a dividend; you have cost savings So I said to her, ‘‘Well, let’s think me is that families have been throughout the system; or you create a this through. Perhaps you should con- incentivized to be wise with their giant, highly bureaucratic system that sider doing a smoking cessation pro- health care dollars, and at the end of engineers, micromanages life behaviors gram, stop smoking altogether. You every year, instead of losing that dol- from top to bottom in which there is could throw away all of your inhalers; lar, it rolls over and it accumulates. no connection between a patient and you would save money on the ciga- Now they put that much less money for his or her behavior—or cost, for that rettes; you would save money on the the following year. For those par- matter—and for that system to be ef- money accumulating in your health ticular families, their cost of insur- fective—because we see an exponential savings account.’’ ance, if you will, is decreasing annu- growth in consumer purchase behav- Mr. CASSIDY. If the gentleman will ally, I would assume. ior—and the infinite desire for value Mr. FLEMING. Of course the pre- yield. coming out of the system, whoever is miums stay even. But what happens is Mr. FLEMING. Sure. putting the money in it, we as con- the cash accumulates and it accumu- Mr. CASSIDY. By connecting her sumers always want to get as much out lates to the point where there is essen- of a system as we can, especially when with costs, if you will, you are tially no deductible, no copayment. we are not putting anything into it. incentivizing a healthy lifestyle. Whatever health care needs you have, When you have that scenario, then it Mr. FLEMING. Basically, you’re ab- there is always plenty of money in the puts an intense demand on the control- solutely right, Dr. CASSIDY. What we bank. ling entity which in this case is the are really doing is saving her money What’s also interesting is for what- Federal Government. It puts an intense and saving her life because there is no ever reason you get out of that plan pressure and burden to figure out ways question there is direct correlation, an and went to something else—let’s say of controlling costs, and there is only inverse correlation, between the use of you hit 65, you went to Medicare; let’s one way at that point to do it: that is tobacco and health. By the same con- say you just decided you didn’t want to long lines and rationing. That is the text, if you stop smoking, then life have insurance anymore, whatever rea- only way any system of that size has span increases. son—you still keep that money. It is been able to control costs. So we found in very real terms that still there for you for health care Mr. CASSIDY. Now, on the other it saved premium costs—both to the needs. And you can use it indefinitely hand—let’s be fair to this bill—it does employer and to the patient—by in- no matter what other health plan you attempt to pay for its exploding costs. stilling the health savings account and might be on. Before you walked in, I mentioned attaching behavior with costs. And Mr. CASSIDY. If I can contrast your the Centers for Medicare and Medicaid even today, we received notice on our patient-centered approach where you Services found that the bill that was most recent new policy for the coming put the patient responsible, the person passed—although 39 Democrats joined year. The increase was 31⁄2 percent, most responsible—the patient, your Republicans in opposing it, it still which is really amazing when it comes employee—in charge of the dollars she passed on basically a party-line vote— to health insurance policies. would spend for her health care and in that because of that bill, health care Mr. CASSIDY. If the gentleman will so doing she responded in rational eco- spending will increase to 21.3 percent of yield. nomic way. She didn’t want to spend our GDP compared to current law; 20.8 You said that all of your employees money on inhalers so she stopped percent would be under current law. in your group are on health savings ac- smoking, so therefore she stopped And bending the cost curve the wrong counts now? needing inhalers and the whole system way, if you will, or bending the cost Mr. FLEMING. Yes. saved money. curve up, we are yanking on that thing. Mr. CASSIDY. We sometimes hear Contrast that with the bill that we But on the other hand, they do attempt that health savings accounts are only passed a week ago in which now there to pay for it.

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If the gentleman will allow me to go Mr. CASSIDY. So there’s mandates down the road by Speaker PELOSI’s forward. They are creating $730 billion on businesses and individuals, there is government takeover. in tax hikes. Some people have called a loss of freedom; there’s $730 billion in So not only are all of our families this a tax bill disguised as a health new taxes, and there’s 5.5 million across this country that have health care bill: $460 billion tax on small busi- American jobs lost. care that they like, realizing that the nesses and high earners; $135 billion Mr. FLEMING. Yes. bill will actually take away, poten- employer-mandate tax; $33 billion indi- Mr. CASSIDY. That is a trifecta of tially, their health care, it will also vidual mandate tax. You mentioned disaster. lead to higher health care costs overall how you are a small businessman as Mr. FLEMING. Absolutely. and even higher prescription drug well as a physician. Mr. CASSIDY. I see we’ve been joined costs. So it is really a double whammy I am going to yield to you and ask by Congressman SCALISE. I will yield to for American families who were expect- you if you can comment on how these the gentleman from Louisiana. ing something completely different taxes would affect you as a small busi- Before doing so, I’ll say we have been from this Democratically controlled ness person. discussing costs; how the Washington Congress. Mr. FLEMING. It would have a tre- Post, New York Times, the Chinese Unfortunately what they’re seeing is mendous negative impact. First of all, Government, Centers for Medicare & a 1,990-page government takeover of if for whatever reason—let me back up Medicaid Services have all expressed health care that raises taxes, cuts a second. doubts that this bill will control costs. Medicare, and they’ll increase costs for This health care bill provides that And frankly in fairness there were 39 health care, which is just the opposite whether it is a public option, a govern- Democrats that voted against this bill. of what Americans were promised. ment-run insurance, or whether it’s a Some of them also expressed concerns So it is a very big disappointment as private insurance plan, they all have to regarding this cost. more details come out. Hopefully, we go through an exchange and meet cer- I’d like to yield to you for your can stop this from actually becoming tain minimum requirements and cer- thoughts, please. law so that we can do real health care tifications. Every constituency out Mr. SCALISE. I want to thank my reform to address pre-existing condi- there is going to be knocking on our colleague from Baton Rouge—in fact, tions, to bring in more competition so doors in Washington wanting their both doctors from Louisiana who have families can buy across State lines, aroma therapies, their massage thera- exhibited so much leadership on this have true competition, have port- pies, and everything else which is going broader issue of health care reform. ability to take their health care with to make the minimum requirements go But I think, as you’ve pointed out, them, and have medical liability re- up and, therefore, the cost. what so many Americans are finding form which we actually put in our bill I, as a small business owner, when I out now as they are looking at more which would have reduced costs saving am having to decide about purchasing and more of the details of that 1,990- American families millions and mil- these required minimums and man- page bill that we opposed but unfortu- lions of dollars every year. dates, at some point I may say I can’t nately passed the House a week and a b 1630 afford it, in which case I will have to half ago, is they’re realizing not only opt out of the health care plan but I all of the taxes, as you pointed out, Mr. CASSIDY. There are a couple of will still have to pay an 8 percent of over $700 billion new taxes that would ironies here. One irony is that we were payroll tax or up to 8 percent payroll cripple small businesses and families, told we had to do this to control costs, tax. the $500 billion in cuts to Medicare yet we see it does not do enough to So even not covering my employees that our seniors know will lead ulti- control costs. The GDP amount going will lead to higher costs. And as soon mately to rationing of health care and to health care will be more under this as my costs go up, my profits go down, other devastating consequences. bill. my ability to sustain business will When this whole debate started, it The other irony, we were told we had fade, and the first thing I will have to was about lowering costs of health to do this to preserve jobs, yet it is es- do is lay people off or certainly not care. Now they’re realizing that Speak- timated that we will lose 5.5 million hire people. er PELOSI’s 1,990-page government jobs related to the $730 billion in taxes Mr. CASSIDY. So lay people off. It is takeover of health care will actually in this bill. projected, I see, using the methodology lead to increased cost for health care, Mr. SCALISE. On that issue of jobs, of the White House Council on Eco- which is the ultimate irony and really we are seeing more and more on the nomic Advisors, that the tax hike, $730 the ultimate kick in the teeth to the stimulus bill, the so-called stimulus billion in tax hikes to address this American people who want—as we bill that we also opposed, a bill that cost—which, by the way, inadequately want—real health care reform to lower added another $787 billion to our na- addresses it—would kill 5.5 million cost. tional debt, was completely financed American jobs. In fact, the alternative bill that we on the backs of our children and grand- Mr. FLEMING. If the gentleman presented here on the House floor children. I noticed and I am sure my would yield for one other point on that. where we had a record vote here on the colleagues from Louisiana will be The taxes on the business doesn’t House floor that same day that Speak- happy to find out, when you go to the stop there. With the Bush tax cuts ex- er PELOSI’s bill passed, our bill actu- White House’s Web site, Louisiana has piring very soon, the marginal tax ally would have reduced health care 15 different congressional districts and rates will go up from 35 to 39 percent cost by 10 percent scored by the Con- they talk about the jobs that were cre- and then this bill provides for another gressional Budget Office, would have ated by the stimulus bill in Louisiana’s excise tax of over 5 percent. So mar- had no absolutely no tax increases, no Eighth Congressional District, and the ginal tax rates on small business own- cuts to Medicare; but on the other side, only problem, and you are laughing ers will increase from 35 percent to 45 we’re seeing more and more now how and it is almost comical, while they percent plus the 8 percent that we many costs are now increasing. In fact, talk about on the White House’s Web talked about, taxes that will occur on we just saw a report come out earlier site all of the jobs created by the stim- payroll even if the employer does not this week that showed that prescrip- ulus bill in Louisiana’s Eighth Con- have or are able to purchase health tion drug prices have increased this gressional District, Louisiana only has care insurance. year by 10 percent because some of seven congressional districts. In fact, So just an explosion of costs without these drug companies that supposedly when we looked across other States, we any return on investment. And there- are going to help out with lowering were seeing the same exact thing. fore, the business owner, in order to re- costs, what they did was they jacked So there is a whole lot of not only de- main competitive, will have to reduce up their costs 10 percent this year to ception, but fraudulent numbers being his workforce. accommodate for the increased cost reported on the White House’s own Web

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The New York Times, which says that Guam or Northern Mariana Islands had Mr. FLEMING. We covered the cost this bill does not do enough to control the 99th District, which I don’t think that is going to occur to small busi- costs. To quote the Centers for Medi- they have but one district, but they are nesses and to individuals, perhaps care & Medicaid Services, which is a already up to 99th District with all of those who opt out of insurance, having Federal agency: In aggregate, we esti- the jobs, the fake jobs, the artificial to pay 2.5 percent of their adjusted mate that for the calendar years 2010 jobs that were created. gross income or a $250,000 fine or 5 through 2019, national health expendi- There is really, again, a two-tiered years in prison. But what about the tures will increase by almost $290 bil- approach to increasing aspects to care. States? You know, the States, Mr. lion. One is to do what this bill that just Speaker, cannot have legal counter- Most of the provisions in H.R. 3962 passed does, and that is to say we are feiting of money the way we in Con- that were designed in part to reduce going to cover as many people as we gress do. They can’t create a currency the rate of growth and health care can and we will worry about costs later that doesn’t exist. And all of a sudden costs would have relatively small sav- on. Another would be to attack cost we have a mandate by increasing Med- ings. first, create a more efficient system, icaid from 100 percent of poverty to 150 Again, some of my colleagues, Demo- such as we talked about a little earlier, percent of poverty. crats, said: I fear this bill will not re- and then organically you are able to Mr. CASSIDY. Reclaiming my time, duce long-term costs and our debt and cover more people because there is just for those watching who are not fa- deficits will suffer and balloon in the more money to go around. miliar with Medicaid, Medicaid is the years ahead. So I really am concerned that we program where States put up some Another Democrat colleague: My pri- have started off in the wrong direction money and the Federal Government mary concerns have been that the leg- here. Of course, the Senate has some puts up other money and it covers the islation does little to bring down out- kind of bill, although we haven’t seen poor. Right now in many States they of-control health care costs, which is the details of it from the majority are either having to raise taxes to what burdens families and small busi- cover the cost of it or cut back services leader, but I think it still attacks this nesses and also leads to our sky- to the poor. And yet what this bill does whole problem in a sort of government rocketing budget deficits. is says that you shall, the States shall takeover way. The Congressional Budget Office, an If you look at the statistics, Mr. increase the percent of their popu- independent agency, says that the cost lation that they are paying for medical Speaker, what you find is that the has grown at about 8 percent per year, services with Medicaid. The Federal American people oppose, and it depends which more than doubles cost. If you Government will pay for a portion of on which poll you look at, but either compound 8 percent per year, when the that, but not all, and the State tax- by a slim margin or by a large margin, President says the cost of doing noth- payer has to pay the rest. they oppose the government takeover In our State, Louisiana, it is esti- ing is that the cost will double, in this of health care. The American people mated that will cost $610 million extra case the cost of doing this something, get it. Republicans in the House and in State dollars that will come out of costs will more than double, according the Senate get it, so why can’t the roads and highways and schools. I to the Congressional Budget Office. On balance, during the decade fol- White House and the Democrats in think Schwarzenegger in California Congress get that government has said $6 billion for California. lowing the 10-year period, the bill never proven to run anything well Mr. FLEMING. Yes, and that money would increase Federal outlays for when it comes to a business-like, cost- is not going to come off the backs of health care and the Federal budgetary effective, and efficient manner. So why our children and grandchildren as it commitment to health care relative to are we going to take over one-sixth of does here in Washington. That is going the current amount. That does not in- the economy and do just that? to come directly out of taxpayer pock- clude the State dollars that we have Mr. CASSIDY. I think that was the ets. That is going to be roads that been referring to. message from the town hall meetings aren’t going to be built, bridges that Mr. FLEMING. What we are talking in August. In August, the people spoke. aren’t going to be built, projects that about may sound theoretical, but we They came out in droves to say we aren’t going to go forward, things that actually have a model by which, on a want reform, but we want reform that would stimulate job production. That much more microscopic level—we actu- doesn’t concentrate power in Wash- is money sucked out of the economy. ally have many, but one that I think is ington, DC, doesn’t raise taxes by $737 And remember, as you expand Med- the best is Medicare itself. Medicare is billion and still does not do enough to icaid to higher and higher income lev- a government-run health care program. control costs, doesn’t kill 5.5 million els, you are pulling people off of pri- Those who are served by it like it, but jobs. No, we want something which you vate insurance where premiums are there is a good reason why they like it, and I would call patient centered, being paid by employers and the fami- because they get a lot more out of it something which recognizes there is a lies, to some extent. You are pulling than what they actually put into it. It heck of a lot of money in the system them into Medicaid which is now 100 is heavily subsidized in different ways. now. If we just create the economic percent government paid for. And It is running out of money. I believe model in which people are incentivized, again, we are concentrating power in the estimate today is that it will be as your employee was, to live a the government and cost on top of the completely out of money in 8 years. healthier lifestyle, thereby saving her taxpayer, really a terrible combination The cost today, the annual cost of and the system money, thereby saving of things in an era where we are look- Medicare is exponentially greater, small businesses money, we can accom- ing at pushing above a $12 trillion limit magnitudes greater than the estimates plish something. where our deficit spending has quad- ever were in the past. It has always run So I think the American people spoke rupled within 1 year, where even the much higher in cost than was ever pre- loudly and clearly in August. The only Chinese who lend us the money we live dicted. And yet, we somehow think we question is will they be heard. off, our credit card, if you will, have are going to be able to take a much I will compliment my Democratic become terrified of our spending as larger health care system controlled by colleagues. Thirty-nine of them heard well. I don’t know where this ends, Mr. a much larger governmental set of and joined with Republicans voting Speaker. agencies, 111 new bureaucracies and

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27861 mandates, and that what we couldn’t fed up with the irresponsible spending costs, you can’t have it with a program do with a much smaller system that that we are doing here. It is time we which drives up costs and drives up was a lot less complex, somehow we are begin to look at reinstating individual costs despite the high taxes and the going to miraculously do with a much choice and individual freedom rather loss of jobs. So we’re not through yet. bigger, more costly system. And even if than the government controlling and The American people still have time to it didn’t, we don’t have the money as it micromanaging our individual lives weigh in on this, to weigh in as the bill is. We are living on our future, our de- and taking our own money away from goes through the Senate side and then scendants, if you will. We are living off us to give back to us in order to con- comes back to conference. their dime at this point. trol us. But what I challenge the American Mr. CASSIDY. We have spoken about Mr. CASSIDY. I think the point just people to do is to do as they did in Au- the irony, about how the bill we have hit upon, we all want reform and we gust, to contact those Representatives to pass in order to control costs is know the goals of reform are to control that voted for this bill and express more expensive than status quo. We cost and to expand access to quality their concern regarding the cost, the spoke about the irony about the bill we care. taxes, the loss of jobs, but also to con- had to pass to rescue jobs will cost 5.5 Now, there are some who think that tact their Senators and to say that million American jobs. to do that you have to sacrifice free- they want reform, but they want re- There is another irony here. Medi- doms, you have to raise taxes, kill jobs form that doesn’t kill jobs, raise taxes, care, a great program but going bank- and still not control costs. or deprive us of personal freedom. I rupt in 7 years, according to the folks b 1645 think in that way we can have a bill that run it; Medicaid, another Federal which serves the American people program which is bankrupting States, But you and I know from our prac- without sacrificing our values. is now going to be rescued by a third tice and our life experience that you f public program which is based upon the can do it differently. You can actually one and expands the other. So two increase freedom by giving that person REPORT ON RESOLUTION PRO- going bankrupt or bankrupting will be the ability to control her account that VIDING FOR CONSIDERATION OF saved by a third which builds upon she can use to spend or not spend, to H.R. 2781, MOLALLA RIVER WILD those first two. seek value. In so doing, you lower the AND SCENIC RIVERS ACT administrative costs. You kind of cut To go back to Scripture, you are Mr. ARCURI, from the Committee on the insurance company out of the deal building a house upon a foundation of Rules (during the Special Order of Mr. sand. In this case, it is a fiscal founda- because now she has her own account, CASSIDY), submitted a privileged report and she doesn’t have to submit a pay- tion of sand which should concern us, (Rept. No. 111–339) on the resolution (H. ment claim. She just pays for it with a as it concerns newspapers like the Post Res. 908) providing for consideration of and the Times which wonder if it does debit card. You can control costs in a patient- the bill (H.R. 2781) to amend the Wild enough to control costs. and Scenic Rivers Act to designate seg- Mr. FLEMING. It is clear that all of centered way, one that incentivizes a healthy lifestyle. And in so doing, the ments of the Molalla River in Oregon, these things—Medicare that exists as components of the National Wild today, running out of money; Social patient becomes healthier; and by be- coming healthier, you control costs, and Scenic Rivers System, and for Security that exists today, running out other purposes, which was referred to of money; Medicaid already out of not by 111 different bureaucracies, boards, and commissions. It stays with the House Calendar and ordered to be money and bankrupting States; jobs, printed. killing jobs, and jobs are what keep our conservative values of individual re- current health plans in place; $13 tril- sponsibility, limited government, and f lion in debt and rising—many, many free enterprise. It actually works in REPORT ON RESOLUTION PRO- dollars spent right here in this House this segment of our economy as it does VIDING FOR CONSIDERATION OF that we have absolutely no way of pay- in every other segment. H.R. 3791, FIRE GRANTS REAU- ing for, and we see a confluence of I yield. THORIZATION ACT OF 2009 events here, costs that are coming rap- Mr. FLEMING. I thank the gen- idly together that very quickly just tleman. I absolutely agree. And, again, Mr. ARCURI, from the Committee on the interest alone will begin to squeeze it looks like, from what you’ve pre- Rules (during the Special Order of Mr. out all of the other services that we sented today, The New York Times, CASSIDY), submitted a privileged report look to government to help us with, The Washington Post, and I read today (Rept. No. 111–340) on the resolution (H. like common defense. from Reuters, and CMS just came out— Res. 909) providing for consideration of What are we going to do when we all of these groups, very nonpartisan in the bill (H.R. 3791) to amend sections 33 don’t have the money to protect our many cases, and certainly no one can and 34 of the Federal Fire Prevention country both internally and exter- say that The New York Times is a Re- and Control Act of 1974, and for other nally? What are we going to do when publican or even conservative publica- purposes, which was referred to the we don’t have money for some of the tion—all of these groups, these publica- House Calendar and ordered to be programs that we use as kind of a safe- tions, these boards, editors are coming printed. ty net for Americans today who don’t out with great anxiety over the cost of f make enough to live off of, or used to this. be employed but became unemployed And you might say, well, why are HEALTH CARE REFORM because of our spending? What are we they complaining after the fact? Well, The SPEAKER pro tempore (Mr. going to do? We have to change direc- remember that we debated for weeks MCMAHON). Under the Speaker’s an- tion. on H.R. 3200, but we only had 1 day nounced policy of January 6, 2009, the I just spoke at a TEA party this really to vote on H.R. 3962, which real- gentleman from Ohio (Mr. RYAN) is rec- weekend, and people are absolutely— ly doubled in size and doubled the num- ognized for 60 minutes as the designee they are past angry. They are actually ber of bureaucracies virtually over- of the majority leader. terrified at this point. night. And I think now that all the Mr. RYAN of Ohio. Mr. Speaker, I ap- You mentioned, Dr. CASSIDY, this celebration is over in the House, we preciate the opportunity to try to clear summer, all of the town halls, and of may have a little hangover going for- the record here a bit and talk a little course TEA parties have sprung up dur- ward. bit about our health care reform pro- ing that period of time. I think we have Mr. CASSIDY. I think that people posal that passed the House of Rep- to look at that as sort of the canary in are waking up. Again, if we’re going to resentatives a little more than a week the mine shaft. That is the early warn- achieve our goals of reform for all, ago and talk about the benefits to the ing sign that the citizenry out there is health care accessible and at affordable American people.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27862 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 I would like to respond to a couple of So we’re at least trending in the right was just looking at a little bit earlier, the concerns that were made by the direction. significant support for some of these other side over the course of the last But I’ve got to tell you, Mr. Speaker, provisions, because we take care of the hour. It’s very interesting to me be- I get a real kick out of these fellows on bread-and-butter issues of the health cause I was here over the last 7 years the other side who caused all of these care situation we have in this country. and was here during the last part of the problems and then now complain how If you’re a kid or you’re 27 years old Bush administration. I was here 2002, we’re trying to fix them. or younger, if this reform passes, if 2003, 2004, 2005, 2006, 2007, 2008 and And make no mistake: this discus- some of these provisions in the House watched as our friends on the Repub- sion about health care, as our friends version stay in, if you’re 27 years old or lican side cut taxes for the top 1 per- earlier were talking about, their as- under, you can stay on your parents’ cent, the wealthiest 1 percent of Amer- sumption and presumption was that insurance. If you have ever been denied icans, continued to spend money with a the health care system is working just insurance coverage because you have reckless disregard for the national fine. It’s not costing us a lot of money, some preexisting condition, this reform debt, for deficits, started two wars, not really hurting many people, every- will end that practice. That will no borrowed the money from China to pay one has access, no rationing today, all longer happen to anyone in the United for the wars, borrowed money from of which is not true. States of America ever again. And our China to compensate for tax cuts that We have health care growing at a 9 friends on the other side voted against went to the top 1 percent of the percent clip. We have the GDP growing it. wealthiest Americans. And here we are at a 3 percent clip. You continue to do I was getting my hair cut last week a couple of years later, and our friends the math, and you’ll find out that in 10 and was talking to the owner of the on the other side are concerned about years, $1 of every $5 in our economy hair salon, and she said, you know, you the deficit and the debt. will be spent on health care. You will need to pass this health care reform. It was President Bush’s appointees to find out that if you take that out an- We need help. I heard the story about the SEC that gave a blind eye to what other couple of decades, 30 years, $1 in her daughter who just started working was happening on Wall Street. Wall every $3 will be spent on health care. with her and the daughter had asthma Street collapses, and the $780 billion That is unsustainable. Unsustainable. growing up, went to get insurance, and and $800 billion that we had to spend to And to think if we do nothing, which is she had to sign basically an agreement stabilize the economy was under Presi- basically what the Republican proposal with the insurance company saying dent Bush’s watch. It wasn’t under was, to just keep kind of doing what that if she goes to the hospital because President Obama’s watch. We’ve spent we’re doing, it doesn’t cover more peo- of asthma that the insurance company the last 9 months cleaning up the mess ple, doesn’t take care of a lot of the will not pay for that hospital visit. So that was made over the last 8 years. human rights issues that were involved the girl has asthma. She’s paying a lot Now, this is not to assess blame. here—if we continue doing what we’re of money a month, hundreds and hun- We’re all in this boat together. We’re doing, the average family in America dreds and hundreds of dollars a month, all in this together. I recognize that. will pay another $1,800 a year in health to get insurance. And the one thing But you can’t cause all these problems, care next year and then another $1,800 that she is probably going to need her because the Republicans controlled the the following year and another $2,000 insurance for the insurance won’t House, Republicans controlled the Sen- the following year. And we will con- cover. ate, Republicans controlled the White tinue down a road where this continues Now, does that make any sense, to House, Republicans controlled the Su- to eat up the whole family budget. continue with a system that takes your preme Court. They pulled every lever I have a member of my staff who has money but will not cover you? That of government, ran up the deficit, ran an Aetna 7–D health care plan. In 2007 doesn’t sound very fair. And that proc- up the debt, started two wars, blowing his copay was $237 a month. In 2008 it ess, that provision, that practice will money left and right, giving tax cuts to went up 22 percent. In 2009 it went up be eliminated. Done. No more. My the wealthiest, and then we wonder 9.7 percent. And in 2010 it went up 80 friends on the other side voted against why we ended up where we are today. percent. Now, this is a Federal em- that. No regulation of Wall Street. The econ- ployee; and this is happening all Also in the House version, the 27 omy collapses. Tax revenues go down. throughout our economy, all through- years old and the preexisting condition Now, I’m not saying that what we out our country. So from 2007 to 2010, a provisions happen as the bill is passed; have done over the last 8 or 9 months 142 percent increase for Gene Crockett so that will start immediately. The ex- has been to wave some magic wand and from Niles, Ohio. change and some other things start in all of these problems have gone away. I Now, our friends on the other side: 2013, but those two provisions start im- represent northeast Ohio. Our unem- just keep doing what we’re doing, mediately. So the American people will ployment rate is at 15 percent in some things are okay, things are fine, we’ll see the benefits of that rather quickly. of our cities. But we can say very ob- get to it. Another provision in this bill says jectively that the money that was This is change. And this is obviously that there will be limits to the amount spent going to Wall Street, the stim- a difficult process, but we are moving of money a person or family can spend ulus package has at least stepped us forward, and it passed the House in a a year. In the House bill it was about 12 away from the cliff that we were on— historic vote here a couple of weeks percent of your income, which is still a and we were on a cliff ready to fall off ago, and we will continue moving in lot. So if you make $50,000 or $60,000 a as a country—as an economy we have that direction so that the Gene Crock- year, if you have a health care catas- been able to stabilize that. etts of the world and the average peo- trophe in your family, after you pay Now, I’m not happy with what the ple around the country who see this $5,000 or $6,000 out of pocket in health banks are doing. I don’t think anybody eating up more and more of their budg- care, you’re done paying for the rest of is. I think it’s important to move more et will get some relief. that year. So families in America will money back to community banks and I was amazed over the last week I no longer go bankrupt because they let’s stimulate lending at the local was home when I’d be at a restaurant have a health care catastrophe in their level. That’s how we’re going to re- and people, real quiet, would kind of family. charge and revive our economy. And look at me and say, Thanks for your that would be the direction that ulti- vote on health care, Congressman. You b 1700 mately we need to go in. know, real quiet. And that’s how this Now, if that is not a human rights But you certainly can see that we debate has been in this country. And issue, I don’t know what a human were losing jobs at 700,000 a month and the polls are bearing it out. The AARP rights issue is. And that is exactly now we’re still losing jobs, still too poll that just came out showed signifi- what this bill does. So, no matter many; but it’s at 200,000-plus a month. cant support for this. Another poll I what, families in this country will not

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They want to provide in- half of only themselves, to put them all stretches from Akron through Kent, surance for their employees, but with in a pool and to allow them to nego- Ravenna in Portage County, Warren the kind of margins that they face nor- tiate for lower premiums against the and Niles in Trumbull County, and mally, and in particular with the kind insurance companies with the kind of Youngstown, Ohio, in Mahoning Coun- of margins they are facing in this bulk purchasing power that we know ty, the old Steel Belt. Just last year, in tough economy, combined with their works. my district, 1,700 families went bank- inability to access capital from the So we have small businesses through- rupt because of health care, 1,700 fami- lenders in their community who might out Connecticut that are standing up lies. And what this provision will do is be providing them with loans, means and screaming for health care reform eliminate that. That will no longer they don’t have the room to provide because they want to provide health happen as it happens here today in the health care. care for their employees. And those United States of America. In my district, it prompted one indi- that already are are being crushed by So, our friends on the other side are vidual, a brave small businessman the weight of those premiums. So when three for three now. They voted named Kevin Galvin who had had his they look at this bill, when they see against extending insurance to kids or own experience with confronting our the health care exchange pooling all of allowing kids to stay on their parents’ very backwards health care system their purchasing power together, when insurance until they are 27 years old, when his daughter got very sick, and it they see the tax credits in the bill, that they voted against that. We said that forced that family to go through layers in my district alone, Mr. RYAN, are you can no longer be denied coverage of bureaucracy and layers of appeals to going to mean that 17,000 small busi- because of a preexisting condition, dia- try to get their own insurance com- nesses will now pay lower taxes be- betes, cancer, heart disease, asthma. pany to cover her. He runs a small cause they are going to be able to off- We put an end to that practice. Repub- business in Connecticut, a maintenance set their health care expenses against licans on the other side, except for one company that employs a handful of their tax obligation, they see a tremen- courageous soldier down in Louisiana, people. And their margins are so small dous benefit. all voted against it. And those two pro- that he can’t afford to provide insur- And if we want to point the way for- visions will start immediately upon ance for his employees. Now he has ward on the economic revitalization of this bill’s going into effect. The lim- gone through it, the tragedy of trying this country, if we want to start to plot iting of 12 percent of your income that to cobble together the money and the a real strategy about how we grow jobs, could be paid out of pocket per year on insurance claims in order to pay for jobs in this country, small businesses health care expenses, so that we don’t the care of a sick loved one. And so, it are the solution. And picking up off of have people go bankrupt, passed in the has ripped him apart that he can’t pro- their shoulders the crushing weight of health care reform. Every Republican, vide insurance for his employees. health care costs is one of the most ef- save one courageous soldier down in So he decided to go out and do some- fective strategies in allowing them to Louisiana, voted against it. thing about it. He decided to go out in start growing jobs again, Mr. RYAN. Our friends on the other side were Connecticut and organize small busi- Mr. RYAN of Ohio. I appreciate that. talking about small business, small nesses around the State for health care The gentleman makes the point that businesses being affected by this. reform. And his group, Small Busi- what this is all about is jobs. This is an Eighty-six percent of small businesses nesses for Health Care Reform, cen- economic development bill. This is will be exempted from this legislation. tered in Connecticut, has thousands, about allowing these businesses to re- But they will be able to go in to the thousands of members amongst the invest back into their small businesses. health insurance exchange and all of a Connecticut small-business commu- It is not a coincidence that as health sudden have a lot more bargaining nity, all rallied around our effort to care is eating up more and more of the power than they had before, because provide relief for those small employ- businesses’ budget, that wages have they would call their health care folks ers that desperately want to get health been stagnant over the last decade or up and say, what do you got? What’s care for their employees but they two because the small business owner the package? How many employees do can’t. does not have the ability to both eat you have? Ten, 15, 20. An average in- They can’t in part of because of the the increases in health care and give crease, or the increase over the last 6 margins that they have. They can’t the requisite amount of pay increases or 7 years, has been about 120 percent also because they, on average, as you to the workers. It’s either or. increase for small businesses. This al- pointed out, Mr. RYAN, are paying So over the last decade, it has been lows these small businesses, Mr. MUR- about 15 to 20 percent more in pre- all health care, all the time. And some- PHY, to go into the exchange, to pool miums than large businesses are. It is times they have passed on a smaller their numbers, to get better negoti- just a matter of simple economics. If portion of that on to their employees ating power, more negotiating power you’re bargaining with the insurance where they are asking for more of a co- and better rates, because of their abil- companies on premiums for only a pay, higher premiums and the whole ity to pool with each other. And that handful of employees, you’re just going nine yards. But now, what we are say- will reduce health care costs for small to get a worse deal and have to pay a ing is if we can get these costs under businesses. higher price than you will if you’re a control, those small businesses can re- At the end of the day, it’s going to be big business that has a couple hundred invest back into technology, back into the small business folks who will see employees. the new machines, back into the wages, this health care reform as a real step And so he and his group see the ge- back into the training, back into more into trying to help them control health nius in what we are trying to do here, benefits and other kinds of benefits, care costs so they can reinvest back which is to not erase the private mar- maybe retirement benefits, for their into their company. ket, not substitute our current health workers instead of being stuck in this I yield to the gentleman from Con- care system with some other country’s cycle of health care, health care, necticut. health care system, not engage in what health care, health care and no rein- Mr. MURPHY of Connecticut. Thank the cable news talk show hosts claim is vestment back into the business. you, Mr. RYAN. I thank you for con- a government takeover, but simply to Mr. MURPHY of Connecticut. Mr. vening us down here again. And I think make the existing market work better, RYAN, in Connecticut alone, our largest you’re right to focus on the issue of to allow Kevin Galvin and his handful insurer, which insures over half the in- small businesses because that is where of employees to join together with all dividuals in the State, announced ear- the problem has laid for a very long of those other small businesses who are lier this year that they were going to

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I but from a small business standpoint, years to our States, and a lot of middle will add to your list of all of the deficit that causes thousands of small busi- class people, and our people don’t get increases over the course of the Repub- nesses to walk away and say, that’s too on a bullhorn and scream about their lican control of this Congress. Medi- much. problems that they have in their fam- care part D, the one time that this My business in a recession is drop- ily. They have a lot of pride, but they House of Representatives woke up and ping, and you’re asking me to pay 30 just want to muscle through it. But decided to legislate on health care, percent for one of my biggest line they want an element of fairness in the they did it in a way that guaranteed items? It causes individuals who were system. And so they will, as I said, and enormous profits for the insurance and just being able to cobble together the I don’t know if you were here or not, drug industry, in particular by insert- money that they could to pay for in- they will grab me at the restaurant ing a provision into the Medicare part surance to walk away and say, listen, I and thank me for my vote and say, I D law that specifically prohibited the have had my wages held flat this year. hope it passes, or I hope it pulls Federal Government from negotiating I can’t go out and pay a 30 percent in- through. deep discounts on behalf of all Medi- crease. But they are not going to call Rush care beneficiaries against the drug And it causes our Republican friends Limbaugh and call in and talk about companies. And they paid for it all by borrowing. to shutter their ears and close their how their daughter is sick and the So this sudden conversion to fiscal eyes and pretend that all of those peo- problems they had and go on and on. responsibility by the Republicans is ple and all of these employees who lose But when I stood at the Canfield Fair pretty transparent to people that have their health care because of the 30 per- or, this weekend, going into a res- been caring about health care for long cent increase are going to suddenly taurant or getting my hair cut, what- enough to remember when Republicans spend the rest of the year really, really ever the situation was, they would grab came here, proposed and passed a Medi- super healthy and never need to get me and they would quietly say, thank care drug benefit that was written by health care. They are going to get sick. you. God, is this going to pass? Is this the drug and insurance industry and Those employees are going to get sick. really going to happen? That’s what paid for by borrowing. Those individuals who had to walk average people are saying here today. away from care because the premium These situations that go on all across b 1715 increase was too high are going to get our country, and to turn a blind eye to So for all of those TEA baggers out sick. And they are going to get so sick it, and the Republican proposal doesn’t there and all of those non-TEA partiers that they are going to end up in our even cover everybody. It was like, here who are concerned about the deficits, emergency rooms. And then we are all is our proposal. Great. You cover an- this health care bill isn’t just deficit going to pay for it. We are going to pay other million people. Boy, that is real- neutral; it brings down the deficit by for it in higher taxes to subsidize emer- ly going to bring down the pressure on $30 billion over the course of 10 years. gency room care. We are going to pay the emergency rooms. You can argue about the policy, but for it in higher private premiums to And this is pretty simple. I talked you can’t argue with the CBO score. make up for the uninsured that walk about the reforms. If you make $89,000 The Congressional Budget Office says into the doors of those hospitals. And a year or less, you are going to get that this bill, over the course of 10 we are going to end up perpetuating credits, subsidies, to help you pay for years, will bring down the deficit, and our current system of sick care where your insurance so that family will have actually tells us that in the second 10 we force people to go without insur- more money to spend in other parts of years will bring down the deficit by ance, wait until they are so sick that the economy. Instead of health care even more, standing in contrast to the they show up at the emergency room eating a huge chunk of the economy Republicans’ sole effort at health care for the most expensive, and frankly, up, they will have money to pay for reform when they controlled this place, most inhumane type of care, crisis their kids’ college education, to make which handed more power to the indus- care, which costs us all a lot more investments to buy a new car, to keep tries that were running the joint to begin with, and did it all by borrowing. money in the long run, Mr. RYAN. the auto industry going, buy a new re- So, Mr. RYAN, it’s the war, it’s the Mr. RYAN of Ohio. Yes. And it has frigerator, buy a new house. tax cuts, but it’s also the Republicans’ all been fear-based. One of our col- Literally, if you think about just an policy on health care. And I don’t have leagues on the other side said the tea $1,800 increase next year in health care a lot of sympathy for our Republican baggers are beyond, they’re beyond bills, if we get health care costs under friends who come down here and talk scared; they’re terrified now. They are control, imagine the amount of money to us about the health care implica- these families and small businesses are terrified because of the budget. Where tions for the deficit. Our bill lowers the were these people when President Bush going to have to spend in buying dura- deficit. Their one attempt at health and the Republican Congress and House ble industrial goods. care reform massively increased the and Senate were cutting taxes for mil- Mr. MURPHY of Connecticut. This is deficit. lionaires and starting two wars and not my line; I think others have said Mr. RYAN of Ohio. It’s not just CHRIS spending money left and right and run- this, but this is a consumer takeover of MURPHY from Connecticut or me or ning up the deficit? And now they’re the health care system. That is what NANCY PELOSI. Here’s from the Busi- terrified because we’re saying we want this is. This is putting consumers and ness Roundtable. CEOs of the Nation’s to help small businesses, we want to patients and regular, average, ordinary largest businesses released a report on help citizens in the United States be Americans back in charge. And people the impact of health care legislation able to afford health care? were angry about a lot of things when moving through Congress and that, We’re taking on the insurance indus- President Bush was in charge and the ‘‘Key components of health care reform try, Mr. Speaker. What is so difficult Republicans controlled the House and could slow the growth of health care about this to understand? They have Senate. They were angry that it costs and offer real savings for compa- been ruling the roost in the country for seemed like the oil companies were nies and their employees.’’ how long? And we’re stepping in after running our energy policy. They were According to the Business Round- an election in 2006 where the American angry that the banks seemed to get table Hewitt study, many of the legis- people were fed up, an election in 2008 whatever they wanted when it came to lative reforms currently in the health

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27865 reform bill could reduce costs by as would be safe to further supplement health care. But they also see that this much as $3,000 per employee by 2019. and subsidize the oil industry. We took bill is going to give them some security This is the Business Roundtable. This on the oil industry. that a lot of people thought just came is not the Democrats. This is the CEOs Increased minimum wage, increased with being a citizen of the most power- of the Nation’s largest businesses. Pell Grants. We made steps to make in- ful, the most affluent country in the As you said, CBO, Business Round- vestments. But the bottom line is this world. table, this is what we’re trying to fix. health care reform bill is about eco- You’re right, Mr. RYAN. That does in- And when you have the CEOs of the Na- nomic development in the United volve taking on the insurance industry. tion’s largest businesses saying that States of America. That does involve stepping up to the this reform will save us $3,000 per em- Mr. MURPHY of Connecticut. And plate and telling them that they’re ployee by 2019, and you have hundreds people have been crying out for it, Mr. wrong. For the life of me, it’s beyond and hundreds and hundreds, if not RYAN, and I think that’s why you and me why this Congress hasn’t been able thousands of employees, that money is I both have families coming up to us to do that. And I get that that invites going to go to wages, investments, and, as you said, kind of quietly ex- the ire of the health care industry that technology. On and on and on these in- pressing to us their stories. Folks in has had their way for so long. I get vestments will be made, not sit around my district do it the same way. But that that means there’s going to be a and do nothing. you find them. You hear from them. lot of commercials on the air criti- Republicans just came—in the last I remember knocking on somebody’s cizing Members who voted in favor of week, finally, they had a proposal. door this summer as I was going this and those that might vote in favor We’ve been debating about health care around a couple of neighborhoods to of it in the Senate. But it’s been a long for all this time and they were in con- check in and hearing a guy talk about time coming for those families that we trol of every major branch of govern- his illness. He had actually, I think, both know and those small businesses ment from 2000 to 2006. Didn’t do any- been injured, and his worker’s comp that have been calling for it. thing about health care. Now we’re didn’t pay for the entirety of the care Mr. RYAN of Ohio. Think about it. coming to try to fix it. that he needed, so he had to go to his Just in the 17th Congressional District, Mr. KING of Iowa. Will the gen- primary insurer. He had to pay for 14,000 small businesses will now be bet- tleman yield? some of it out of his own pocket. ter off because they’re going to be ne- Mr. RYAN of Ohio. I’d be happy to It got so bad and his expenses got so gotiating with more and other small yield. high that the only place he could go businesses to try to bring down prices. Mr. KING of Iowa. I thank the gen- without losing his house was the one And 12,300 small businesses in my con- tleman from Ohio. main savings account he did own, and gressional district will be getting tax I just recall that we were here to- that was his child’s college fund. And credits as an incentive to compensate gether when we passed the litigation so he planned at first to only take a for this; 43,000 people will now have in- lawsuit abuse reform out of the House little bit out from his child’s college surance that didn’t have insurance. and it got stalled up in the Senate. fund because he figured he could get We have, in Youngstown, a hospital That would be one thing I would point his insurer to pitch in a little bit, fig- that just filed bankruptcy. Now all of a out that I think is important from an ured the economy might turn, he sudden every single person that walks objective standpoint. might be able to get a little better job, through that door will have health in- Mr. RYAN of Ohio. Reclaiming my and then he had to go back again. And surance instead of that cost being time, litigation has been projected to he had to go back again. By the time I passed on to everyone else. have only 1 percent effect on the costs saw him this summer, that college fund I can’t help but to think about the of overall health care spending. was gone. He had no money saved for gentleman that you were just talking Mr. KING of Iowa. If the gentleman college. The only way that his son, who about who had to spend through his would yield, $54 billion was the score by this time was in his teenage years kid’s college fund. If these reforms on the bill introduced this year. and only a few years from going to col- were in place, that person’s amount of Mr. RYAN of Ohio. Over 10 years. lege, the only way he was going to be out-of-pocket expenditures would be Mr. KING of Iowa. Yes. able to go to college was if he got a full limited to 10 or 12 percent of that fam- Mr. RYAN of Ohio. One percent of ride somewhere. His son’s dreams have ily’s income. So they wouldn’t have cost. And there is no real way to quan- evaporated because of health care had to go into the college fund. Our tify—reclaiming my time—no real way costs, because of illnesses. friends on the other side voted against to quantify this number. But when Now, this particular family had that that. you’re talking about billions and bil- money saved away for college and so So we have got to go back to our con- lions and billions of dollars, again, it’s not one of the thousands of fami- stituents and defend every vote that we that’s to my point, is that the Repub- lies that went into bankruptcy. So we have made here. And that is, to me, lican plan is to just kind of nibble should remind ourselves that when we significant. The preexisting condition, around the edges and maybe we’ll try hear all these statistics about the not being kicked off your insurance be- to do this a little bit here and a little thousands and thousands of families cause you get sick, being able to stay bit there, but at the end of the day who go into bankruptcy every year just on your parents’ insurance until you’re here’s the reality. because Mom got cancer, that doesn’t 27 years old, all of those are significant Since we have gotten in office and count all the families who did the re- steps in the right direction, not to with President Obama, but before that, sponsible thing and were able to squir- mention on Medicare part D by extend- we took on the banks and yanked them rel away a little bit of money and ex- ing and having consistent drug cov- out of the student loan business be- hausted all of it, changing their plans erage throughout the course of the en- cause they had a sweetheart deal. As forever. So layer on top of all of the tire year instead of interrupted cov- you said, with Medicare part D, where bankruptcies the hundreds of thou- erage, which is happening now. all of this money is going to the phar- sands of families who were ruined with- I got a letter from a doctor this sum- maceutical companies, we are reform- out bankruptcy because of the crip- mer who was telling me about a pa- ing that provision as well. Now we’re pling cost of medical care. tient that he had that met her limit on taking on the insurance companies. So this is being celebrated by all of part D. And I can’t remember at this With the energy bill, we took on the these families out there who have had point exactly what the issue was with oil companies, where they’re getting their lives change for so many different her, but they had to take her from the subsidies. And just a couple of years reasons, because they do see that drug of choice to a cheaper drug be- ago we spent $115 or $120 billion dollars they’re actually going to get some cause she couldn’t afford it. So, in June in escorting ExxonMobil ships in and wages back from their employer who or July when she met her cap, they had out of the Middle East so that they doesn’t have to spend every dime on to switch prescriptions because she

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27866 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 couldn’t afford the one that he had her care program. Right now we have peo- to say, Let’s do something. I think for on. She ended up getting sick. They ple that are 55, 60 years old, and we see the longest time, I believed that there switched prescriptions again and again, a lot of them in our communities, the was still going to be a chance for Re- and she ended up in the hospital for a older manufacturing communities. You publicans to come to the table here. I week or two. work until you’re 55, you work until don’t want to believe that the Repub- It’s the perfect example of why would you’re 60, and then all of a sudden, the licans’ opposition to this bill is just you not just—how much cheaper would company goes bankrupt or they lay about political gain. I don’t want to be- it have been for the taxpayer to con- you off or they move the factory to lieve that the reason that Members sistently pay for those prescriptions Mexico or to China or whatever the come down here and oppose every sin- throughout the course of the year in- case may be. gle thing the Democrats want to do stead of her going into the hospital for I have met several of them, have and then propose an alternative bill a week or 10 days or 2 weeks and hav- talked to them on telephone town that was a joke—which actually left ing Medicare pay for that? It just halls. One woman I remember in par- more people uninsured at the end of its doesn’t seem like a very smart invest- ticular was 60 years old. She did not life than had the bill not gone into ef- ment on behalf of the taxpayer. lose her job, but lost her health care fect—I just don’t want to believe that, Mr. MURPHY of Connecticut. Listen, coverage. The company could no longer but there is mounting evidence of that it’s the reason, Mr. RYAN, why AARP afford it. So now she is 60. She makes case. has come out so strongly in favor of $32,000, $35,000 a year, can’t make it, So listen, this thing is not over, Mr. this bill, because they know that this can’t afford health care coverage. She RYAN. We’re going to continue to come is a good bill for seniors. Now, a lot of said, I’m going to wait until I get on down here and press the case for re- Democrats disagreed with the fact that Medicare. So here you have someone form. We’re going to continue to come AARP came out and supported the who is 60 years old, probably has some down here and press the need for both Medicare prescription drug bill when it issues because everybody at 60 has parties to be part of this compromise, did, but it, frankly, shows that this is issues. Now a physician won’t manage to be part of this solution. But it is in- a group that, when they think it’s those problems that she has. She is creasingly apparent that there is only right for seniors, is going to support it going to go without any care, any one piece of this House and one piece of whether it’s a Republican or Democrat treatment, any kind of management the Senate that is really pushing to get proposal. Because I’ve heard a lot of whatsoever. So she is going to go into this done for the American people. I Republicans and conservative talk Medicare at 65 much sicker than she wish that wasn’t the case, and we’ll show hosts come out and say, Well, the would have went in if she had decent continue to try to press for a change, AARP endorsement doesn’t mean any- health care where her problems could Mr. RYAN. thing. They’re friendly to Democrats. have been managed and not become Mr. RYAN of Ohio. The bottom line Well, they endorsed the Medicare pre- chronic to the point where they could is this, the Business Roundtable, the scription drug benefit, which was, I cost the Medicare system thousands top CEOs in the United States, say that think, voted on almost solely by Re- and thousands, tens of thousands of our provisions in this bill will save publicans. So whether we agree or dis- dollars, hundreds of thousands pos- them as much as $3,000 per employee by agree with their support for that, sibly, depending on what the issue is. 2019. The top CEOs in our country are they’ve played both sides of this de- So you have a healthier person going saying that this is going to be the case. bate. into the Medicare program that’s going But as we wrap things up here, Mr. But AARP supports this bill because to extend the life of Medicare. What MURPHY, let’s use some good common it gets rid of the doughnut hole. Now it kind of system is this, 60 years old, you sense here. We’re going to take 30 mil- takes a little while to fully get rid of have worked your whole life, and they lion people who wait until they get ab- it, but on day one after this bill is say, Sorry, you’re on your own; we will solutely deathly sick and then go to passed, the size of the doughnut hole pick you up at 65. Thanks for every- the emergency room off and out of the gets reduced by $500, and for every sen- thing. You lost your health care. That emergency room rolls, get them pre- ior that walks into the pharmacy when is not right. That is not right, Mr. ventive care, solve problems of $20 pre- you’re in that moment of exposure, the Speaker, and that is what this whole scriptions instead of nights in the hos- cost of a brand name drug is going to program is trying to fix. pital, and reduce health care costs be cut in half. Every single brand name Mr. MURPHY of Connecticut. I will overall. Eliminate costs for preventive drug for seniors in the doughnut hole just add one last thing, Mr. RYAN. The coverage so people in Medicare and gets cut by 50 percent immediately people we’re talking about—you know, others actually get preventive cov- with the passage of this bill. the stories that we’re telling, I don’t erage as well. When you walk in to get your check- think you or I know whether these peo- Help by raising taxes on millionaires up, no longer does any senior have to ple that have approached us are Repub- and take some of that money to give come up with money out of their pock- licans or Democrats. I have no idea health care credits and subsidies to et. Medicare is going to pay for that whether that guy who had to drain his middle class people so that they can af- now, because we know it just makes entire college savings watches MSNBC ford their health care, get preventive sense to have no barriers to preventa- or watches FOX News. I have no idea care, stay healthier and become more tive health care for seniors. because health care crises, health care- productive. It all makes a great deal of So AARP, joining the American Med- caused bankruptcies strike Repub- sense. We’re saying to parents that ical Association, joining Consumer Re- licans and Democrats, liberals and con- your children can stay on your insur- ports, joining dozens of other specialty servatives, people on the left and peo- ance until they’re 27 years old. We’re physician groups out there, has sup- ple on the right. This is a nonpartisan, saying that you can never be denied in- ported this legislation because they see nonpolitical issue. surance coverage because you have a the benefit for that senior that you’re Maybe I was naive when I came here preexisting condition. You can’t be talking about on Medicare part D and a couple of years ago, but I just kicked off your insurance because you millions more. thought that there was going to be a get sick. You can only spend out of way with 50 million people uninsured, pocket 12 percent of your annual in- b 1730 with health care costs rising 120 per- come so that you don’t go bankrupt Mr. RYAN of Ohio. The idea here is cent for the average small business in like 1,700 families went bankrupt in the that this is how this bill will extend this country over the last 10 years, 17th Congressional District of Ohio last Medicare’s life an additional 5 years, in with bankruptcies caused by medical year. part because of cost savings and a vari- costs on the rise. I just figured that Extend prescription drug coverage to ety of others. But we are going to have there would be a way for Republicans seniors throughout the year, not any healthier people going into the Medi- and Democrats to get together on this kind of stoppage in the middle of the

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27867 year, and make sure that we extend the Stupak amendment that is part of the One might think that that’s all the life of Medicare by 5 more years be- bill, a Stupak-Pitts-Chris Smith costs of the lawsuit abuse that is part cause of these reforms. This is basic amendment that is a pro-life amend- and parcel of the overall costs of health bread-and-butter commonsense reform. ment and is very valuable to me and care. But an even greater cost is the This is not the radical kind of reform many others. cost of unnecessary tests and proce- our friends on the other side want peo- However, there are grave concerns dures that are undergone by patients in ple to believe. It’s not what Glenn Beck about the broad implications of this this country directed by doctors in this and Rush Limbaugh and all the scare bill and the components of it that run country to avoid lawsuits, to protect tactics, ‘‘The government is coming to anathema to the American Dream. themselves in the event of lawsuits, to take you over.’’ I will just address some of the things minimize the risk and to also hold It’s not any of that. It’s basic reforms that the gentlemen spoke of in the pre- down their premiums for malpractice. that the American people want. And, vious hour. One of them is that Repub- So the cost overall of medical mal- lastly, let me just say that people still licans allegedly sat around and did practice, the abuse of lawsuits for med- continue to talk about this being an nothing while they were in the major- ical malpractice in America, the cost issue of freedom, and our friends on the ity. We had a narrow majority, and we of the malpractice premiums coupled other side keep saying that this is did something. We pushed an agenda with the cost of the litigation, coupled about liberty and freedom. You know that was seeking to improve health with the cost of settlements both in what, I agree with them. The person care in this country and reduce or and out of court, coupled with the un- that goes bankrupt because they can’t eliminate the necessary burden on necessary test tests, the defensive med- afford health care is not free in the health care. icine that nearly every practitioner I made the point that we passed law- United States of America, and the per- practices, whether it is something they suit abuse reform in this Congress. I son who pays tons of money into the can actually identify or whether it’s a believe the year was 2005. The lawsuit insurance industry and doesn’t get any subliminal shift in their policy, all of abuse that was passed was worked coverage, that doesn’t seem like you’re those things together, the lowest num- through the Judiciary Committee very free. When you’re sick and you ber that can be applied is not 1 percent, where I sat and where I participated in can’t afford a doctor, you are not free. that language, and we modeled this to the gentleman from Ohio. The low- Let’s talk about freedom in 2009 and after, of all places, a California initia- est number I can find out there by any- 2010. It means being healthy, produc- tive. Since that time, Texas has taken one’s logical representation is 5.5 per- tive, getting what you pay for and up the charge of reducing lawsuit abuse cent. The number that I trust the most being able to support your family and on medical malpractice in Texas. The is the 8.5 percent number that comes your business. That’s freedom. How doctors that were exiting the State from the health insurance underwriters free is a businessman who has got to have now turned around, and many of representative. And 8.5 percent is a low pay a 30-percent increase in health care them have moved back to Texas and number. costs every year? It doesn’t seem very started their practices and other med- Some of those numbers go up to 10.1 free to me. ical providers and practitioners have percent and on up into the 20s, 24, 25, 28 So, Mr. Speaker, we’ll continue to come into Texas. and even 35 percent of overall health talk about this and jobs and other Now they do have an adequate supply care costs. Now I won’t range up in issues that are facing this country. We of doctors, nurses and other medical there into that one-fourth to one-third appreciate the opportunity to be here. practitioners that are there. But the of the overall costs because I think f cost that was diminished by the gen- that’s a harder number to defend, al- though it may be true. But I do believe HEALTH CARE tleman from Ohio, the cost of lawsuit abuse, even though the bill that was of- that I’m on very solid ground defending The SPEAKER pro tempore (Mr. fered by leadership scored at only $54 8.5 percent of overall health care costs TEAGUE). Under the Speaker’s an- billion, to the gentleman from Ohio—1 going to either premiums for mal- nounced policy of January 6, 2009, the percent, he said, of the overall health practice, trial lawyers, those settle- gentleman from Iowa (Mr. KING) is rec- care costs—I don’t know about that ments or defensive medicine. Out of ognized for 60 minutes. number. I didn’t run those numbers. It the overall costs of providing health Mr. KING of Iowa. Thank you, Mr. doesn’t seem to me, Mr. Speaker, that care to America, 8.5 percent comes to Speaker. It’s my privilege to be recog- $54 billion is a minuscule amount. It $203 billion a year. That’s only 1 year. nized to address you on the floor of the doesn’t seem to me that $54 billion is This bill gets scored over 10 years. House of Representatives here tonight loose change. It doesn’t seem to me b 1745 along with my colleagues that I have that $54 billion is pencil dust. had this great honor and privilege to Mr. Speaker, $54 billion is real So, that $203 billion over 10 years ex- serve with throughout these years and money, and $54 billion is, though, a ceeds $2 trillion, $2 trillion in the ag- this 111th Congress. I sat and listened small percentage of the overall cost of gregate costs of premiums and litiga- to my friends on the other side of the lawsuit abuse when it comes to pro- tion and settlements, unnecessary set- aisle as they began to talk through viding health care in America. Here are tlements. We’re going to keep every- this health care debate, which we have the numbers that emerged when one body whole. Those who are the unfortu- addressed, I think, quite a great deal looks into the underlying costs of the nate who are, I’ll say, victims of med- over the last couple of months. No lawsuit abuse. And the score that could ical malpractice, we’re going keep longer is it a legitimate point that we come from the Congressional Budget them whole. We’re going to make sure haven’t had an adequate time to de- Office cannot include all of this be- that their medical costs are paid for bate, although I don’t know that there cause they simply can’t score some of and their loss of income are paid for is anyone in this Congress that can the actual costs that don’t index di- and there’s pain and suffering there, read and digest 1,990 pages and then rectly into the lawsuits themselves. but not the noneconomic damages, not read the amendment that was 40 pages It works like this: there are high that component that goes off into $7 long that turns this into a 2,030 pages costs in premiums that doctors and million for spilling a cup of coffee on national health care act that affects providers are paying, especially OB/ one’s lap at McDonald’s as happened, every aspect of our lives. GYN doctors, and access to those doc- and I understand that that was nego- This is not just nanny state, cradle tors and services is getting more and tiated down and reduced after the fact. to grave. This is conception to natural more limited. There are also costs in- So, 81⁄2 percent of our overall health death or euthanasia, depending on volved with the litigation, costs in- care costs going for lawsuit abuse. And which component of the bill one choos- volved with the settlements, whether we can reform a lot of that. We can re- es to apply. There are carve-outs for they are in-court or out-of-court settle- form a lot more than $54 billion of it, euthanasia. There is at this point a ments. and it totals in its aggregate over $2

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27868 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 trillion, which in and of itself is surance for your kids—they’re already across that number, and that’s what enough to, according to the CBO, pay covered, aren’t they? Because this Con- they pay at Medicare. And so the White for NANCY PELOSI’s socialized medicine gress passed ultimately at 300 percent House has taken the position that plan, Mr. Speaker. of poverty, so that lowered that num- there is waste, fraud, and abuse in our I think this puts it in a perspective ber down to $70,000, something like Medicare, and they’re going to ferret that’s far more legitimate than was of- that, in my State. that out. And they found some 10s and fered by the previous gentlemen in the But speaking of 70,000, that happens 20s and more billion dollars they’ve previous hour, who also announced to be exactly the number of families in said of savings. that if you make less than $89,000 a America that would qualify for Federal These billions of dollars of savings year, you’re going to get a subsidy for funding for the health insurance pre- that they can provide to reduce and your health insurance; $89,000 a year. miums for their children who also paid eliminate waste, fraud, and abuse in And we’re going to subsidize health in- the rich man’s tax, the alternative Medicare seem to be a bit amorphous. surance for people making $89,000 a minimum tax; 70,000 families in Amer- It’s hard to identify this and, in fact, year? Are they also going to be paying ica would have health insurance pre- the White House has said, well, we the alternative minimum tax, I won- miums for their children paid for by know it’s there. We are going to go in der, Mr. Speaker? I suspect there will the taxpayer. and help pay for socialized, I put that be many families if that is the case. Meanwhile, they’re writing an extra in quotes when I say it, Mr. Speaker, We saw what happened when the ma- check for the alternative minimum tax ‘‘their socialized medicine plan,’’ by re- jority sought to change the SCHIP leg- because they make too much money in ducing and perhaps eliminating waste, islation, that State Children’s Health the eyes of Uncle Sam. Seem a little fraud and abuse in Medicare reimburse- Insurance Program that provides paradoxical, Mr. Speaker? Does it seem ment. health insurance premiums for low in- a little bit inconsistent? Does it seem a So what do they do? They cut $500 come—kids in low-income families. little illogical? Well, it is government, billion, a skosh less, but $500 billion, That passed in about 1997. I remember after all, and it’s getting more and half a trillion dollars, out of Medicare implementing it in about 1998, when I more illogical as time unfolds. But the reimbursement rates, and then have was in the Iowa State Senate, at 200 statement that Republicans did noth- not put their finger on where the abuse percent of poverty. The States could ing is not a factual statement. It’s not is, where the fraud is, where the waste have adjusted that to some degree. Two even an opinion. It’s a fact that Repub- is. It’s just, trust us, we know what hundred percent of poverty is the part licans in this House passed reform leg- we’re doing. that I supported. And I come to this islation in several different categories, It reminds me of a Saturday night Congress and the first effort on the and it was fought every step of the way sitcom that I used to watch occasion- part of Speaker PELOSI was to change by Democrats. ally. And it was called Sledge Hammer! the SCHIP program to 400 percent of And by the way, when it did get out Sledge Hammer was a detective, and he poverty, to fund health insurance pre- of this House, in spite of them, then it had a sidekick named Dori Doreau. miums for children in families of four was blocked in the Senate. I said at the And they would go through a half-hour that are earning at 400 percent of pov- time on the malpractice, the lawsuit routine of criminals doing bad things, erty in my State, with the exemptions abuse reform, that the block that took investigating them, and near the end of that were directed by Governor Culver, place in the Senate was the result of the show, something would happen that meant that families of four mak- the Senate being a wholly owned sub- such as Sledge Hammer would fall ing $102,000 a year could have their sidiary, presumably, of the Trial Law- down the escalator, something would health insurance paid for by the tax- yers Association in America. Since go up the escalator, tip off the railing, payers, the taxpayers who presumably, that time, that investment seems to and it would go through this Rube many of them are making less than have paid off in the House of Rep- Goldberg menagerie of calamities, and $102,000 a year. resentatives, and today, we have a when the dust had settled, somehow And that seemed to me to be an out- House of Representatives that does not Sledge Hammer was laying on top of rageously high income to have the have one dollar worth of lawsuit abuse the criminal and somehow there was a health insurance premium subsidized reform in a 1 to $2 trillion socialized miraculous ending. And he would get by the taxpayers and the Federal Gov- medicine plan. up and say, Well, I told you, trust me; ernment. Since that time this vora- Now, how could any group have such I knew what I was doing. cious appetite to share the wealth, to influence on the House of Representa- Well, I have about that level of con- take from those who have earned and tives and presumably still, and I think fidence in an administration that invested and established capital, those, even more so, in the United States Sen- would tell us they’re going to find tens a lot of them whose investments are ate, that $2 trillion in the aggregate of of billions of dollars in waste, fraud the investments that facilitate the cre- abuse and cost in our health care in and abuse, but they can’t point their ation of jobs, or they create the jobs America, over this period of 10 years, finger at it. And they just simply say, themselves, scoop from that capital more than $2 trillion, and we can’t find Trust us, we know what we’re doing. and distribute that to those who make one dollar worth of savings in lawsuit And if you pass this national health less, takes away the incentive from abuse reform, not one dollar in this bill care act then we will go into action those who make less to make more. that is a bill that was sent to this floor and save this money to pay for it. But Why would anyone go out and take a by Speaker PELOSI. Not one dollar. And if we don’t, do we actually have an ad- risk and invest capital and start a busi- yet, the same people can advocate for ministration that’s willing to tolerate ness and employ people and create cutting Medicare reimbursement rates tens of billions of dollars on their al- goods and services that have value to by half a trillion dollars, almost $500 leged waste, fraud and abuse in Medi- this economy, if they’re just going— billion, taken out of our Medicare re- care? Are they holding the right to a the Federal Government’s just going to imbursements, Medicare reimburse- legitimate integrity and fiscal respon- go in and tax your income, keep you ments that only pay 80 percent of the sibility in our government? Are they from establishing a capital base so that cost of delivering the services. holding that right to a legitimate re- you could grow that kind of a business And the cost of delivering the serv- sponsible government hostage to a bill, and grow the jobs and take the money ices is not a cost that’s calculated by a bill that’s socialized medicine? that you earn and funnel it over here, the providers, by the health care prac- And so if we pass this socialized med- and to take the position that if you titioners, by the doctors and the nurses icine bill, the Senate and the con- make $88,999 a year, Uncle Sam will cut and the hospitals and the clinics. No, ference report, and it goes to the Presi- you a check. And that check will go this cost of delivering the services is a dent, whom I believe will sign anything to—as long as you invest it in health number that’s produced by Medicare that says national health care in the insurance for your family, health in- itself. And then it gets a .8 multiplier title—if we do all of that, then we get

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27869 to find out this great secret in the lutions. That statement was never sup- $950,000. Maybe it accrues it a little bit White House: Where is all this waste, portable by fact. There have been at better. Maybe they spend a little bit fraud and abuse in Medicare? I can tell least 42 pieces of legislation, some of less. But I am thinking in terms of you it’s not in any significant amount them comprehensive, introduced by Re- well, sure, $1 million; a million dollars in my district, Mr. Speaker. And I can publicans in this 111th Congress alone. in an HSA. tell you that because the providers And the difference is we have logical, And what is the Federal Govern- that I have are getting significantly rational, free market freedom solu- ment’s investment in that, Mr. Speak- less than it costs to deliver that serv- tions that do not interfere and, in fact, er? Well, the Federal Government ice. heal up to some degree, the relation- wants to tax that million dollars. The In Iowa, we not only are the lowest ship between doctors and patients. government doesn’t want people to State in the union in Medicare reim- And here are some of them. I talked have that money for any use of their bursements rates, but we also provide about ending lawsuit abuse. The next own discretion when they arrive at consistently some of the highest qual- one is to provide for people to buy Medicare eligibility age. ity outcomes by the consistent meas- health insurance across state lines. For I will submit that we want people to ures that come out. Iowa ranks in the example, a young man, 25 years old in invest in a retirement account. We top five time after time after time in New Jersey, would pay approximately want them to manage that retirement practice after practice and then in the $6,000 for a health insurance policy account to include the whole con- aggregate and the composite. Often that, if he could buy it in Kentucky, tinuum of their life, through an HSA, number one, more often number two. across the state lines, would cost him into a pension fund. I’d like to see But we’re in the top five consistently around $1,000. And yes there is a dif- them make that investment and man- in the outcomes, medical outcomes. ference in mandates. And that’s part of age their health and watch their diet, And yet, we’re the lowest in the Na- the difference. But they have put so get their exercise, do the annual check- tion in reimbursement rates. And Iowa many mandates on the health insur- ups, and be able to save those costs, is, and I can say this with great con- ance premiums in New Jersey that you those high costs of health maintenance fidence, the very best combination of don’t have those kind of options. And by good health practices, see their pre- cost and quality of health care deliv- because of the regulations and the bur- miums lowered because of it and see ered in the State, but the lowest reim- den and the cost, and maybe, just them rewarded by a growing health bursements rates in the Nation. And maybe, the White House could be right savings account so they can arrive at now the White House wants to cut half on some waste, fraud, and abuse up retirement with, let’s just say, $950,000 a trillion dollars from Medicare reim- there. I’m looking forward to working in that account. bursement rates. And my State, I be- with their Governor-elect as he be- Now, the liability that the Federal lieve, is the most senior State in the comes Governor and maybe we can help Government has today in today’s dol- union. We have the highest percentage root out some of the waste, fraud, and lars, to be fair, Mr. Speaker, when of our population over the age of 85 of abuse. And I’d like to see New Jersey someone arrives at Medicare eligibility all of the States in the union. That in- rewarded for doing that. age, that means the cost of that enti- cludes my mother. But, if people in America can buy in- tlement for the balance of their life ac- And in my district, the 32 counties in surance across state lines, and that western Iowa, of the 99 counties in tuarially is about $72,000 per indi- $6,000 policy for the 25-year old man in vidual. Iowa, and among the 32 that I rep- New Jersey becomes a $1,000 policy for So, if you have a couple that arrive resent, 10 of the 12 most senior coun- the 25-year old man in Kentucky, that at retirement today, the liability that ties in Iowa are in the Fifth Congres- dramatically reduces the cost of health the government accepts—which is tax- sional district, the district I represent. insurance premiums in America. And so I believe I represent the most Another thing that dramatically re- payers’ money in Medicare costs—is senior congressional district in Amer- duces the cost of health insurance pre- about $144,000 for that couple to take ica. Punished, presumably, by a half a miums in America is when people have care of their health care needs for the trillion dollar cut in Medicare, based access to, and can afford to purchase balance of their life starting at age 65. upon the very questionable and doubt- safely, catastrophic health insurance. So the difference is roughly $800,000 ful allegation that there are tens of bil- Catastrophic is an essential component and then adjusted for inflation of that lions of dollars of waste, fraud, and of health insurance, and that works in liability itself. abuse in Medicare. this way, especially when we have But Mr. Speaker, why wouldn’t this I’m convinced it exists, Mr. Speaker. health savings accounts. Those health Congress want to encourage people to I think it exists in some of the large savings accounts that when we passed invest in their health savings account cities in the country, and I think it the HSAs in 2003 in this Congress, and and grow that health savings account should be relentlessly and persistently it was enacted into law, if a young cou- and provide incentives for healthy rooted out. And we should take those ple—and I did this in round numbers— practices, both exercise and diet and criminals and we should do the perp so at age 20 had invested the maximum checkups, so that that health savings walk with them, and we ought to get amount into their HSA for that annual account became a retirement fund? them locked up in prison where they year, $5,150 for a couple, say, at age 20, And why wouldn’t we at least, at a belong. But you don’t hold a principle and they maxed out each year—it’s in- minimum, offer them that if you can that the American people have a right dexed to inflation—and spent $2,000 in arrive at retirement and Medicare eli- to, which is legitimate law enforce- real dollars out of that in legitimate gibility and be able to purchase a Medi- ment and the elimination of waste, health care costs and accrued that at 4 care replacement policy that would fraud, and abuse, you don’t hold that percent, and when I did this math it take that individual or couple off of hostage to an ultimatum that we’ve was a logical thing, and it will be a log- the entitlement rolls, why wouldn’t we got to pass a national health care act, ical thing again to accrue those invest- then tell them, Keep the change, Mr. socialized medicine, in order to have ment HSAs at 4 percent. Speaker? Why wouldn’t we say to the good government. American people, Take this nest egg Good government is a right of the b 1800 that you have managed and earned American people, and the American Throughout the 45 years of their throughout your working life and use people need to demand that right. With working life when they arrived at it to travel the world, retire on, give the promise that, or the allegation, Medicare eligibility rate having in- yourself a monthly pension to add to made by the gentlemen in the previous vested the maximum into the HSAs for the other pension plans you might hour, that Republicans don’t have any that period of time and spent $2,000 a have—presuming Social Security is solutions—in fact the President him- year out, they arrive at retirement still there—add that to Social Security self has said Republicans don’t have so- with a health savings account of or will it to your children. You own it.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27870 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 Why would we want to keep people de- causes women in labor to back up in We have today cost-shifting going on pendent upon a government program the hallways and have their babies in the health insurance industry and that will end up rationing health care? there rather than in the delivery room. the health care industry, and when you By the way, we are already there, Mr. That is just one piece of data for one have Medicare reimbursements that Speaker. It was announced today that country that is significantly lower in are coming in at significantly less than there’s a government directive that population than we are here in the the cost of delivering that service, the went out. A panel, a health care advi- United States. cost of delivering the service at a min- sory panel, that women should delay So I have suggested two things the imum, along with some profit from their mammograms until age 50 and Republicans are for: ending lawsuit profit margin—which is a good thing; then have those mammograms not abuse, allowing for the purchase of in- it’s an incentive for people to do well every year but every other year, be- surance across State lines. and a reward for those who are out cause there’s too much anxiety in- The third thing is to provide for port- there providing some of the best serv- volved in having those tests done every ability. Let people own their policy so ices and especially the innovative serv- year and that anxiety is a factor that when they leave their job or move from ices—but the cost-shifting takes place factors in. their State or whatever that change in when Medicare doesn’t pay it all, it Think about this, Mr. Speaker. Is their life might be, that it is their pol- goes off onto some other entity, wheth- that really it? Or is this a Federal di- icy, they get to take it with them, and er it be a private health insurance pro- rective that ends up rationing health they own it, and that will give them vider or whether it be an individual care? What about that 41-year old the freedom and mobility from job to that might be self-insured. There are woman who ends up with breast cancer job; freedom to be independent, to start also the cases, I understand, of those and doesn’t get a test until its too a business, freedom to manage their that are uninsured. late? What about the difficulty of own health care. But we need transparency. We need treating that disease of breast cancer Another component of this, Mr. to be able to take a look at these bil- when it goes beyond that point where Speaker, is 100 percent full deduct- lings, and I am not interested in the it can be handled without radical sur- ibility of everybody’s health insurance names of the patients. But I am inter- gery? premiums. That’s also something that ested in the names of the institutions We have a directive that came out I’m confident would be ridiculed by the and the consistency or lack of consist- other side of this argument. A hundred from the Federal Government that de- ency in the billing procedures. layed by 10 years a recommendation percent full deductibility. I believe that if you’re going to get a Now, why would it be that in Amer- that women get mammograms and hip replacement in San Francisco, then ica, a corporation that’s hiring people spaced those mammograms out from 1 those people who would get that hip re- can offer them a package of salary and year to 2 years. So now 50-year-olds placement from that provider in San benefits plan, write off that salaries getting a mammogram on their 50th Francisco should pay the same price. and benefits plan as if it were wages, birthday, their 52nd, 54th, 56th, and on. They should be billed the same price 100 percent before taxes, an above-the- That cuts more than half of the costs and there should be a legitimate at- line write-off. I mean, that’s all right. of the mammogram tests, breast can- tempt to collect the same price. I be- But why, then, would it not be the case lieve that if Bill Gates goes into the cer tests, that are going on in this for a sole proprietor, for a partnership, country if everybody follows that di- for an LLC—unless they took a salary hospital and gets a hip replacement rective. out and incorporated in order to take a and Steve King goes in and gets a hip I would suggest that the Federal salary out and deduct those pre- replacement, and Joe the Plumber goes Government ought not be giving those miums—an individual or partnership in and gets a hip replacement, it’s all kinds of recommendations. But I will cannot deduct in the same fashion 100 the same procedures from all of the submit, Mr. Speaker, that this is a lit- percent of the overall health insurance same providers; it all ought to be the tle preview, a little window into what premiums like a corporation that has same bill. the Federal Government would be employees can? If we did that, if we had trans- doing if this socialized medicine bill Now I am going to suggest—and I parency, that will bring together and should find its way through the Senate, think it is a fundamental principle reduce the cost-shifting because the through conference, and off the floor of here in America—that if anything is American people will understand that the House and Senate and to the Presi- deductible for any entity, it ought to they have to go shopping, they have to dent’s desk, where I am convinced he be deductible for every entity. I can’t negotiate, they have to advocate, and will sign anything that has a title on it think of a single exception that tells if they have their health savings ac- that says ‘‘national health care.’’ This me that that would be wrong. count that they’re managing, they will is just a little preview of what we will So I will take this position—and I have an incentive then to negotiate for see. have—that if corporation X, Y, or Z a health care cost and outcome that’s We will also see rules and regulations can deduct a premium for a Cadillac favorable to them and consistent. that will come down that are hard plan or an average run-of-the-mill But instead, we patients in America, rules, not just recommendations. It health insurance plan, if they can de- we are a lot like sheep. We get led into will be the Federal Government is pay- duct a hundred percent of that pre- health care, and when we get sick, ing for this so that means you don’t get mium, so should self-employed Joe the most of the time, much of the time, the a hip replacement if you’re over a cer- plumber, or John and Mary the farm patient in America doesn’t pay the bill. tain age, or a knee replacement, or cer- operation, or the gas station people, They’re not concerned about the cost. tain tests, or certain cancer treat- anybody else that’s out there; or an in- They simply show up at the clinic and ments. They will declare ‘‘end of life’’ dividual who is working for a wage for the doctor examines them and says, All to be something different than the fam- an employer that’s not providing right. Now you need to go to a spe- ilies and the individuals consider it to health insurance and wants to go out cialist here, here, and here. Run these be. It has happened in every country on the market and buy their own. I be- tests. You show up at the hospital, the that has socialized medicine. And lieve that that premium should be 100 surgery is performed, if that happens many of the people there just simply percent deductible. If we did that, just to be what is ordered. And they gen- capitulate. simply provided full deductibility, erally heal up, they get great care and A number was published the other that, Mr. Speaker, will insure another go home. And some don’t address the day that 4,000 babies are born in Great million Americans. And that gives us bill at all. Some of them look at it but Britain in the hallway and not in the equity in this deductibility. they know somebody else is paying the OB section because they don’t have I talked about HSA expansion. We lion’s share of that bill, and they’re not room because the rationing of health also need, Mr. Speaker, transparency concerned about the overall cost of care and the lack of practitioners in billing. their health care.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27871 Therefore, if an aspirin costs 20 But I haven’t met anybody who can cent down to $1,043. Now maybe that bucks, they’re not going to raise the point to this health care bill, this 1,990- makes a difference to that older cou- issue. But if it is coming out of their page monstrosity with a 40-page ple. Presumably, though, someone at pocket, if they’re negotiating this, if amendment, that can tell me that 60, they will be making more money they’re trying to hold together the health savings accounts can even sur- than they did when they were 25. They nest egg of a health savings account, vive this bill in itself. will be making more money than that then they’re going to look at the cost; 25-year-old that sees his premiums tri- b 1815 and they will look at the transparency pled so we can reduce the 60 year olds in billing, and just the transparency Mr. Speaker, I have listed through by 11 percent. itself will be a restraint from the cost- here Republican solutions, and STEVE This is a transfer of wealth in Amer- shifting. And the cost-shifting is kind KING solutions for health care. Some of ica, a transfer of risk and liability. And of a big, not much spoken—not com- these we have passed out of this House. by the way, that 40-year-old family pletely unspoken—but not much spo- It is false to say Republicans have done with two children, a family of four, ken problem that we have with health nothing. The record is replete with leg- mom and dad around 40 years old that care in America. islation that has passed the House of are paying $535 today in Indianapolis, Four, association health care plans. Representatives and legislation that would be paying $1,187 under this new This is Republicans. And this is legisla- has been introduced into the House of bill. That is a 221 percent increase in tion that we moved also through this Representatives, at least 42 bills in this the premium. Congress—that was blocked by Demo- Congress, all blocked by Democrats, all That should tell us what is going on, crats—that allows people of professions blocked by the Speaker of the House. Mr. Speaker. These are bad things for to join together and bargain and nego- These logical solutions that I have America. tiate and buy insurance packages with- listed, including ending lawsuit abuse, I am going to go down through a lit- in their professions. So let’s say the buying insurance across State lines, tle bit of this. Here are the principles plumbers get together and they nego- providing for portability, providing for that have been laid out by the Presi- tiate; the accountants get together and full, 100 percent deductibility of health dent. they negotiate. In a similar fashion insurance premiums, expanding health He argues that the economy has been where credit unions exist and they savings accounts, providing for trans- and remains and he would argue that it have a membership that fits the defini- parency in billing, providing for asso- has stabilized somewhat in a downward tion, we can let people buy health in- ciation health care plans, and pro- spiral, that we are in an economic cri- surance in the same way, by associ- tecting catastrophic insurance, all of sis. This is part of the dialogue that we ating and buying health insurance. those are Republican principles. Many have heard over the last year and a And a piece of this that I have briefly of those have been blocked by this half or so. He has said that we can’t fix mentioned that needs to also be strong- Democrat Congress. the economy unless we first fix health ly sustained in this health insurance And I think it is not a question of care. Does anybody remember that? We debate is catastrophic insurance. Cata- whether Republicans have ideas. We can’t fix the economy unless we first strophic insurance is that insurance have all kinds of ideas. We have moved fix health care. What is the problem with health that as our health savings accounts some of them. Democrats have blocked care? Two things. According to the grow, we end up with a nest egg. all of them. Why did they do that? Why I gave you a description, Mr. Speak- President, we spend too much money did Democrats block logical, free mar- er, of how a young couple arrives at and we have too many uninsured. Now, ket, freedom-loving solutions to health $950,000 in their HSA at the age of re- we spend too much money is the alle- care? Because their crown jewel is so- tirement. But let’s just manage this in gation because it is being pointed out cialized medicine, 1,990 pages of social- terms of $5,000, $10,000, $20,000, maybe that a lot of the industrialized world ized medicine that took months to le- $50,000 in an HSA. Now, if I am a young will spend an average of about 9.5 per- verage and arm-twist to get just barely family and I happen to have been cent of their gross domestic product on enough votes to squeak by in the House maybe working for 5 years and have health care. We will spend about 14.5 of Representatives. been able to accumulate $20,000 in my percent. Some will give you a number Those are the facts. And this bill pro- health savings account, I am pretty that it goes up to 16 percent and maybe vides some really ugly things that hap- comfortable to negotiate the lower pre- a little more. I am comfortable with mium with a $5,000 deductible or even a pen to the American people. For exam- the 14.5 percent number. $10,000 or a $15,000 or a $20,000 deduct- ple, here are some real numbers, Mr. I am not here to argue that we do not ible. That takes the premiums down Speaker. A healthy, 25-year-old male in spend too much on health care. I think dramatically and it provides an incen- Indianapolis today would pay about $84 we spend somewhere around $203 billion tive for an individual to pay out-of- for a health insurance plan. This is a a year unnecessarily when it comes to pocket for their minor health care typical plan. The same plan under the lawsuit abuse in America. So that is a costs, or pay out of the health savings bill that passed the House, the pre- number that I would subtract a large account for the minor health care costs mium would go to $252 a month. That share of that from the cost of our over- but to keep that nest egg intact. And is a 300 percent increase in the pre- all health care before I get down to we instead of paying that higher premium, mium. It triples the premium for that are not spending too much. But we also that premium that, by the way, if young man. make more than those countries that you’re 40 years old in a family of four Now, why would we triple the cost for are spending 9.5 percent. in Indianapolis, for example, that fam- people who don’t have a lot of risk and We have the best health insurance in- ily would today be paying about $535 a a lot of liability, especially if they are dustry in the world, and we have the month for their health insurance. at the entry level of their income? And best health care delivery system in the Now, if you could raise that deduct- we are raising the costs on people at world with the best individual out- ible and raise the copayment compo- the lowest level of their income. You comes for practices in the world. And nent of it, then that premium would go go around to the other end of this, and they will argue that there are civiliza- down and the savings would be some- if you take a couple that is roughly 60 tions, societies, countries, cultures thing that goes back into—and at least years old that have some marginal with policies where people live longer figuratively if not literally and may be health, I will say a less healthy 60- than they do in the United States. literally—the health savings account. year-old couple in Indianapolis, they They don’t seem to want to dig down The incentive for people to manage would be paying about $1,169 a month and ask why. their health insurance premiums and for a similar health insurance plan. First, just a couple of months ago we the incentive for people to grow their That adds up pretty good over a year. got the announcement that the life ex- health savings account needs to be ex- And their premium under this bill pectancy of Americans has been read- panded, not eliminated. would actually be reduced about 11 per- justed upwards 2 years. Two years. Now

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27872 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 the numbers that are being quoted by sign up, and those who make over the result is, reading the language, the the other side, by the Democrats that $75,000 and don’t bother to buy any cancellation of every health insurance are pushing socialized medicine, they kind of health insurance program, now policy in America, whether it be 2011 or don’t take into account that adjust- you are down to Americans without in- 2013, they all have to go back and ment in the extension of the life ex- surance who do not have affordable op- reboot, push the reset button, push pectancy. tions. That is 12.1 million. I like my control, alt, delete and see if they can They will argue that our infant mor- other chart better. The number is 12.1 write a health insurance policy that tality rates are higher than a lot of the million. would comply with the new regulations rest of the industrialized world. I will So 12.1 million Americans without that will be written by the new health argue, Mr. Speaker, that we count the health insurance and those without af- choices administration czar. That’s babies that die. We have a more accu- fordable options is less than 4 percent where we are. So 1,300 companies, rate data system and reporting system of the overall population of the United 100,000 policies, none of them can be than most, if not all, of the other coun- States. This is how this breaks down in guaranteed under this bill that a single tries, so our infant mortality is going these categories, and this yellow-or- policy qualifies with the whims or the to be higher than it is going to be in ange segment is the segment of the regulations that would be written by countries that don’t record the infant overall 47 million uninsured that don’t the new czar yet to be appointed even deaths. have affordable options. though he would be confirmed by the These are not measures of the health Now, this piece right here, Mr. Senate. care system unless you drill down into Speaker, I will put this on the broader I see my friend from Texas has ar- it and come up with a reason as to why, chart of the overall American popu- rived. Congressman MIKE BURGESS is a if there is a society that lives longer, lation. This is the population of the medical doctor. He has lived this. He who are they and why. Do they abuse United States at about 306 million. You sees this agenda and sees how this ac- substances less? When you subtract the can see that 84 percent of Americans tually happens in real life. He has been fatalities from car accidents and sui- are insured, and 85 percent of Ameri- a fighter for freedom, and I yield to the cides, perhaps, and those that are cans are happy with the policy and the gentleman from Texas. dying from other kinds of accidents, program that they have. Mr. BURGESS. I thank the gen- are we a more active society? Once you So it is the vast majority of Ameri- tleman for leading this important dis- make those adjustments, I don’t be- cans, these little pie slivers up here go cussion tonight because it is critical lieve it holds that Americans don’t down through this category. The yel- that people understand not only what have the kind of life expectancy that low and black are illegal immigrants is at stake but what realistically is competes with any country in the and aliens. And, Mr. Speaker, I am not possible. world. I believe we do. for providing health insurance pro- The programs that are talked about And I believe we have, again, the best grams for illegals. If they broke into in the bill that was passed here late on health insurance industry in the world the United States and violated our Saturday night by the slimmest of and the best health care delivery sys- laws, I am not going to set a carrot out margins, none of those programs are tem in the world. But the President there and reward them for breaking going to be available the day after the has been very critical of our costs and our laws and giving them taxpayers’ bill is signed, or the day after the day our uninsured. money and handing them a health in- after the bill is signed. In fact, it is So aside from the costs, the other surance policy. That is what some peo- going to take time to construct this point is too many uninsured. Well, the ple like LUIS GUTIERREZ and others are massive new government entitlement uninsured in America are on this chart, for, and MIKE HONDA of California are program/insurance program. And as a Mr. Speaker. It comes out to be this. for. STEVE KING is opposed, and I will consequence, it will be some 4 years be- Their number is 47 million; 47 million stand in opposition of socialized medi- fore those programs are available to uninsured. cine and funding illegals under that help the people that were in the 4 per- Now, if we just accept that number, program. But that is what these slivers cent margin of folks who are unin- that sounds like a lot. We have to ask are here, the yellow and the black. sured. the question: Who are these 47 million? Then this orange piece here, these Now, the gentleman talked about the Well, first of all, it does include 9.7 mil- are the individuals earning over $75,000 health benefit czar, whatever we are lion who qualify for a government a year. I think they can find another going to call that person that is yet to health insurance program, mostly Med- solution other than a subsidy from tax- be named, and we don’t know what icaid, but don’t bother to sign up. So payers in the market system. that office will do, what their respon- that is 9.7 million. And the green are those eligible for a sibilities will be, but here is what we The second number are there are government program, these 9.7 million do know. We do know we passed a 2,000- those who qualify for an employer- who just didn’t bother to sign up for page bill and it goes over to the appro- based plan but don’t bother to sign up. Medicaid. We don’t need to provide for priate Federal agencies and all of the That number is somewhere around 6 them. It is already there. They will get rulemaking starts. million. coverage whether they sign up or And then those who make over $75,000 whether they don’t, but we can’t solve b 1830 a year, that is around 6 million. it with this solution. Think back to 1996 when this Con- Those eligible for government pro- Then those eligible for employer- gress passed a bill called HIPAA, and grams, 9.7 million. It shows 10 here. sponsored plans, about 6 million, and HIPAA was supposed to give us port- Eligible for employer-sponsored, 6 they don’t bother to sign up or opted ability in health insurance. And it was million. out. a good thing. People needed to have Then you have those undocumented, So you are down to this 4 percent. portability in health insurance. But a noncitizens, about 6 million, and then This red one here is the only one that little paragraph in the bill that re- there is another 4 million who are legal I am concerned about, 12.1 million quired some privacy provisions to be immigrants but are barred by law from Americans out of 306 million, less than included in the bill turned into, what, government programs. So altogether, 4 percent of our population, and for 10,000 pages in the Federal Register, illegal aliens and immigrants are that, for this red sliver, Mr. Speaker, and every doctor’s office across the around 10.1 million. Democrats have a magical solution for land in early 2000 had to start com- When you subtract these numbers, il- too many uninsured. Socialized medi- plying with these. legal aliens and immigrants, from the cine, a single-payer plan, incremen- You know, you go to the doctor’s of- 47 million, those who qualify for Med- tally imposed upon America by setting fice now and the first thing you’ve got icaid from the 47 million, those who up a health choices administration czar to do is sign three forms. You’ve got to qualify under their employer and don’t that writes new rules. And in the bill, sign them every time you go in, and

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27873 they are the HIPAA disclosure forms. Democrats’ bill, but we do need some that’s spent in this country; so in ef- Congress, your Congress, required your help for this segment of population fect you could double that number to doctor to do that. And to be perfectly who falls into that category. They $100 billion that you would save over honest, doctors’ offices were never the want insurance. They would even be all persons who are insured, covered, problem with disclosure of sensitive in- willing to pay a little more for the in- cash customers, and those covered by formation in the first place. But we are surance because they recognize their Federal programs. the recipients of that. human vulnerability is now on display. In Texas we did pass significant li- Okay. Now we’ve got a 2,000-page bill. Yet they cannot find it at any price. ability reforms back in 2003. It has It is going to go over to the Depart- And some of the things that we could made a substantial difference in Texas. ment of Health and Human Services, have talked about, had we been reason- I will just tell you from the standpoint and all of the rules and regulation are able about this, had we been truly bi- of a practicing OB/GYN doctor, in 1999 going to be written regarding that partisan about this, is we could have the cost of a policy for a million dol- 2,000-page bill. Remember a single talked about what type of insurance re- lars of liability coverage in the Dallas/ paragraph led to thousands of pages in form. And, in fact, the President, when Fort Worth market was around $25,000. the Federal Register and thousands of he stood here before the House of Rep- It had more than doubled to $57,000 by comments on the rule-making. resentatives in September acknowl- 2002. It is back down now to $35,000 in Well, we do have a Secretary of edging that it’s going to be 4 years be- the years since this bill was passed. So Health and Human Services, Secretary fore any of this stuff becomes avail- there is an immediate substantial ben- Sebelius. Part of that agency that will able, he referenced JOHN MCCAIN’s dis- efit in premiums, but the big savings be charged with writing these rules and cussion during the campaign a year ago come in the backing out of defensive regulations is the Center for Medicare where perhaps something like an medicine that is practiced. and Medicaid Services. We do not have upper-limits policy or a high-risk pol- an administrator in the Center for icy would possibly bridge that gap dur- Mr. KING of Iowa. Reclaiming my Medicare and Medicaid Services. CMS ing those few years until their new time, I thank the gentleman from has lacked an administrator since a policies are available. Well, I would Texas. week before inauguration when the just simply submit if we would have In the minute or so that we have left, previous administrator who was under spent the effort working on that bridge I have in here in my hand a list of the the Bush administration said thank policy, if you will, maybe the rest of new Federal agencies that are created you very much and left. And that agen- this stuff would not have been nec- by this bill. cy has been without an administrator essary. This is the old chart for H.R. 3200. since that time. There are ways to get at this, with That’s pretty scary. This is the new Now, why is that important? Because high-risk pools, with reinsurance, sub- chart, and in the middle of that is the this is the individual who is going to sidize those States that are willing to old chart. Now, here are all the new have to sift through all of the legisla- participate in that. The Congressional agencies that are created. Well, actu- tive language in this bill, match it up Budget Office estimated it would cost ally maybe not all of them. I’ve just with the Social Security Act and Medi- $20 billion over the 10-year budgetary highlighted a few of them on the front. care Act, put all of these things to- cycle in order to beef up those high- gether and write the rules and regula- risk plans to be able to accommodate The program of administrative sim- tions under which your doctor’s office those individuals who are involved, plification, I think they know they’ve will have to practice. And we don’t even make it a little more generous got something complicated. Health even know who that individual is. It than that if you want. For heaven’s choices administration, that is the may be someone quite competent. It sakes, $20 billion over 10 years is a far scary part, this guy right here. That’s may be someone who is just a political sight less than a trillion-plus dollars the new commissar-isioner, referenced appointee. We don’t know, and therein over that same 10-year interval. by the gentleman from Texas. The is the problem. And I would suggest that this Con- qualified health benefits plan ombuds- Now, the gentleman has done a very gress, if they were willing to pass the man, which tells you no one can deal eloquent job of talking about the 4 per- liability reform the gentleman ref- with this bureaucracy so you have to cent of the people that we actually erenced, save that $54 billion that the have an intermediary already written likely set out to help when we started Congressional Budget Office said we into the bill. I don’t know if you have down this road. And I’m sure the gen- could save, and put all of that money to have somebody to deal with the om- tleman heard it in Iowa during the toward helping those people with pre- budsman. summer. I certainly heard it in north existing conditions, we could go a long The health insurance exchange, Texas in my town halls. At that time it way towards solving these problems. where all of these policies and insur- was only a 1,000-page bill. I can only Mr. KING of Iowa. Reclaiming my ance companies would have to be ap- imagine what they’re saying about a time, I would like to pose a question proved. The State-based health insur- 2,000-page bill. We don’t want a 1,000- and ask your response. ance exchanges as well. Public health page bill to take care of a problem that In the previous hour, the gentleman insurance option, well, that’s the one actually could be taken care of with from Ohio alleged that that $54 billion that will squeeze out the private insur- simple reform within the insurance in- that would be saved by the lawsuit ance companies. dustry. abuse reform would only be 1 percent of The problem that needed to be cor- the overall cost of our health care; The list of the colossal magnitude of rected was the individual who had a therefore, it’s of small consequence and this socialized medicine bill goes on tough medical diagnosis, a preexisting apparently not worth the trouble to and on: 111 new agencies, 2,030 pages al- condition, who loses their job, loses take on the trial lawyers for that 1 per- together, and the bottom line of it is, their insurance, doesn’t get coverage cent. And I’ve made a response to that, Mr. Speaker, the dramatic reduction of within the appropriate timeframe and but I would offer to the gentleman for Americans’ choices and thereby our therefore is excluded from coverage for his viewpoint since that is a field of freedom and liberty under assault by time immemorial because of this tough your expertise. people who believe that we have to medical diagnosis. Mr. BURGESS. Well, in fact, that is have a nanny state and live under so- Someone my age loses their job, has a fairly narrow window that they’re cialized medicine. And I stand in oppo- a heart attack, their insurance cov- looking at. They’re only looking at in sition and I will fight this all the way. erage lapses. They’re going to have a the Federal system Medicare, Med- And I do believe the American people tough time getting back in. These are icaid, SCHIP, Indian Health Service. will rise up and kill this socialized the people we heard from during the The Federal Government pays about 50 medicine bill. summer. Yes, we didn’t want the cents out of every health care dollar Kill the bill, Mr. Speaker.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.001 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27874 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 COMMUNICATION FROM THE enemy; it is conquering a people. And Another deployment President CLERK OF THE HOUSE these people have never been con- Reagan agreed to make was sending The SPEAKER pro tempore (Mr. quered. marines into Lebanon, which resulted KISSELL) laid before the House the fol- British writer Rudyard Kipling once in a catastrophic attack on our ma- lowing communication from the Clerk wrote: ‘‘When you lie wounded on the rines which left 290 of them dead and of the House of Representatives: Afghan plain and the women are com- many others severely injured. After ing to cut the remains, roll to your that, Reagan was reluctant to deploy OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, right and blow out your brains and go our troops. And during his administra- Washington, DC, November 12, 2009. to your God like a soldier.’’ tion, if you take a look at the records, Hon. NANCY PELOSI, The British Army dominated vast ex- he deployed troops into combat many Office of the Speaker, H232 Capitol, Wash- pansions of India for two centuries, but fewer times than most other Presidents ington, DC. it was never able to subdue the Af- did during the last century. Yet, he is DEAR MADAM SPEAKER: Pursuant to section ghans. Thousands of British troops lost portrayed as a Cold Warrior and is 1(k)(2) of H.Res. 895, One Hundred Tenth Con- their lives trying to do just that. In gress, and section 4(d) of H.Res. 5, One Hun- branded, and was branded then, by the dred Eleventh Congress, I transmit to you 1842 a British force of 16,000 withdrew liberal left as a warmonger. Yet, he de- notification that Paul J. Solis, Nathaniel from their fortress in Kabul. That force ployed our troops fewer times than Wright, Kedric L. Payne, and Jon Steinman was then beset upon by Afghan tribes- most other American Presidents. have signed an agreement to not be a can- men who cut them to pieces. Only one Yes, Ronald Reagan, more than any didate for the office of Senator or Represent- member of the original contingent of other leader, was one who we should ative in, or Delegate or Resident Commis- 16,000 made it to the city of Jalalabad. basically praise for the defeat of Soviet sioner to, the Congress for purposes of the That one person who survived was the communism. That enemy threatened Federal Election Campaign Act of 1971 until regimental surgeon, Dr. W. Brydon. It our security and the freedom of our at least 3 years after they are no longer a member of the board or staff of the Office of was thought that perhaps he was per- people and the freedom of people Congressional Ethics. mitted to survive. throughout the world, yet he did not Copies of the signed agreements shall be Russia too has had its comeuppance send our troops into hostile action retained by the Office of the Clerk as part of in the hostile Afghan countryside. It after the Beirut debacle resulted in the the records of the House. Should you have was one of the Soviet Union’s most death of so many of our marines. Well, any questions regarding this matter, please telling chapters, and it was also one of if he didn’t send in our troops to var- contact Ronald Dale Thomas at (202) 226–0394 the Soviet Union’s last chapters. ious places, how, then, was our country or via email at Ronald. so well defended during that time, and [email protected]. After America’s inglorious conclu- Sincerely, sion of its military operations in Viet- how was the evil power of Soviet com- LORRAINE C. MILLER. nam, our Soviet global adversary was munism defeated? Well, the answer is what is called the f emboldened. Then with the fall of the Shah of Iran, a power vacuum was cre- ‘‘Reagan Doctrine.’’ This strategy was AFGHANISTAN ated that the Soviets hoped to fill. based on the concept of helping others The SPEAKER pro tempore. Under They were then engaged in a post-Viet- fight their battles when their foe was the Speaker’s announced policy of Jan- nam War offensive throughout the our foe. Rather than sending U.S. uary 6, 2009, the gentleman from Cali- world. So when chaos and volatility troops into Central America, for exam- fornia (Mr. ROHRABACHER) is recognized erupted in Afghanistan as a result of a ple, when the Soviets armed its stooges for 60 minutes. blood rift between two Afghan com- who were in the process of establishing Mr. ROHRABACHER. President munist factions, Soviet leaders sent in a Marxist dictatorship in Nicaragua, Obama will soon make a decision that the Red Army. They did that to unify and the Soviet Union sent a billion and will chart the course for America’s in- the communist factions and to pacify a half dollars worth of military equip- volvement in Afghanistan for years to the countryside in Afghanistan, which ment to back up that Marxist regime, come. was already hostile to the communist no, Reagan didn’t send U.S. troops I personally am not upset that it has ideology and very hostile to foreign down there to fight the Sandinistas. He taken President Obama this long to de- troops. Perhaps as a payback for the armed those Nicaraguans who were re- termine his response to General massive Soviet aid provided the North sisting that regime, the so-called McChrystal’s request for an additional during our conflict in Vietnam or per- ‘‘Contras.’’ 35,000 U.S. combat troops to be sent to haps just as a means of weakening the In Africa, America helped arm Jonas Afghanistan. This is a monumental de- Soviet global military power, during Savimbi and his Unita group as they cision, and it comes when the radical Ronald Reagan’s administration, dur- fought a Soviet-backed regime in An- Islamic Taliban and al Qaeda move- ing his Presidency, our government gola. And neither of these two groups ments seem to be gaining momentum. provided weapons and other support for were perfect. They had many imperfec- It also comes when our troops through- the Afghan insurgent forces who were tions. These were flawed allies. But out the world are stretched to the battling Soviet occupation troops. they were fighting for their own coun- breaking point and when our economy try, and they were fighting their own is frayed. It comes when the debt that b 1845 countrymen. We did not rely on send- America is piling up is not just alarm- As compared with other 20th-century ing in U.S. troops. We supported those ing but suicidal. This is not the time Presidents, Reagan rarely depended on people locally who were fighting their for business as usual, nor is it the time a policy of deploying U.S. troops to adversary as long as their adversary for brash decision-making. A decision solve problems and to combat enemies. was our adversary as well. to send U.S. troops to Afghanistan will I know that goes against what a lot of And, of course, most importantly, we cost money, lots of it; and it will cost people think about Ronald Reagan. armed and we supported the Mujahe- lives. U.S. forces under Ronald Reagan, yes, deen in Afghanistan who directly took In the past, powerful nations were were sent in to the small island nation on the military might of the Soviet humbled in the rugged terrain of that of Grenada, which was in the throes of Union. Again, many of the Mujahedeen desolate country. Yes, a desolate coun- a Marxist military clique’s murderous were people who were totally incon- try, dotted by thousands of small vil- rampage. Grenada was a limited oper- sistent with our outlook and our views lages, populated by tribal people so ation, but it was significant because it on respect and on freedom and indi- independent and so ferocious that they proved America was willing to use its vidual rights. Many of them were, by have never been conquered. Through- military forces after suffering a demor- the way, very, very supportive of treat- out history, attempts to conquer Af- alizing national malaise which is best ing people decently and were not rad- ghanistan have met with bloody fail- remembered in history as the ‘‘Viet- ical Muslims in that regard. But they ure. War there is not defeating an nam Syndrome.’’ were flawed people who we supported

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27875 to fight the Soviet Union that we money for the Afghan freedom fighters, The Afghans paid a monstrous price brought down. That’s how the Soviet played a significant role, as his book for their victory: 1 million killed, even Union was brought down, not by send- and subsequent movie suggests. But he more wounded, and devastation ing in U.S. troops, but not trying to be was not the only one. Charlie deserves throughout their society. These brave perfectionists in who we would then credit, but so do those other people, and heroic people stood up and defeated support, but to try to defeat our pri- some of the ones I just mentioned, and our mutual enemy. mary enemy. others, people who made sure that I was blessed with not just meeting During those years, I worked in the those people who are fighting for free- the leaders of the anti-Soviet Mujahe- Reagan White House as a senior speech dom in various countries did get those deen when they visited Washington writer and, yes, as a special assistant supplies and that the Reagan Doctrine, back in the 1980s. I actually went into to President Reagan. I worked with a the concept was implemented. Afghanistan with a Mujahedeen com- small cadre of patriots who made the We made sure that the Russians bat unit and participated for a short Reagan Doctrine real. In fact, the learned the lesson that we learned in time in the battle of Jalalabad, which speech-writing department is actually Vietnam. The introduction of U.S. was the last major battle in which So- given credit by many to actually have combat troops in Vietnam did not viet troops were present. developed that doctrine and made it work. And it was that war that tremen- I do not recount these moments in into a doctrine rather than a loose dously weakened us. But it was the in- history to bring praise upon myself, strategy. troduction of combat troops, I believe, but instead to lend personal authority Well, those people in the White House into Vietnam that weakened us be- to the battles we endured then and to who made it real and turned it into a cause the dynamics were changed. Hav- the issues that confront us today. That policy, into actual strategies that were ing massive troops deployed in a to- weeklong exposure to that Afghan bat- being put in place and put to use dur- tally foreign culture did not work for tle gave me a lasting admiration for ing the Cold War were a very, as I say, our side in Afghanistan. And here we these unconquered people. It was the small group of patriots; Constantine had our troops in a totally foreign land courage of the Afghan people, more Menges, who came from the CIA and on the other side of the planet, and by than any others, that broke the will of then over into the National Security introducing those troops, rather than the communist leadership in Moscow Council, Bill Casey of the CIA, Colonel focusing perhaps on helping the people and, yes, brought about the collapse of in Vietnam to fight their battle, we set Oliver North, Admiral Poindexter, Dr. the Soviet communist threat that had up a dynamic that worked itself out, Paula Dobriansky, Vince Canistrano, loomed over our heads for decades. yes, and as it worked itself out, it de- Ken DeKrafenty, all of those on the When Soviet troops moved out of Af- feated our efforts and left the United White House team, on Reagan’s team, ghanistan, instead of fulfilling our States with 50,000 dead, a world humil- the administration team, who played a promise to help rebuild their war-torn iation and a country in retreat. land, we left those brave people to crucial war role in defeating Soviet I spent some time in Vietnam in 1967, sleep wounded in the rubble. We did not communism, not by orchestrating although I was not in the military. even provide them the resources they moves to send more troops here or Part of my experience was in the Cen- needed to clear their country of land more U.S. troops here, but instead to tral Highlands, where I hooked up with try to support those people throughout a special forces unit that was operating mines that we had given them during the world who were fighting against out of an old French fort near the Viet- their war against the Soviet Army. Soviet tyranny themselves. namese city in the Central Highlands Thus, we left them with a country in And, of course, we had support, and by the name of Pelku. It was there that which, for a decade, the legs were we had an initiation of such ideas and I first saw a strategy that worked. Our blown off their children as they walked concepts and support of the policy by special forces teams had turned the through the countryside. We didn’t Dr. Jack Wheeler, who is also a person montagnards, Vietnams’s indigenous even provide them the help to clear who worked with us in the White House mountain people, into an American their mines at that time. but was independent and went into ally in this bloody, elongated conflict. Now that decision to walk away from these various places around the world Yes, our military forces in Vietnam Afghanistan was the decision not of and met the leaders of various anti-So- were never defeated—our military likes Ronald Reagan, but of President viet insurgencies throughout the world to say that. They were never defeated George Herbert Walker Bush. And, of and reported directly back to us and on the battlefield, not in one major course, as we walked away, the anti- the White House as to what was going battle. But we lost the war. The strat- Soviet Mujahedeen broke into warring on in those insurgencies. egy was wrong. factions. The chaos and misery was Yes, of course, we need also to thank In the Central Highlands, the predictable. But, of course, we just Members of Congress who were sup- montagnards were with us. In fact, I walked away. We let them just go down portive of those efforts. Let us note felt very secure, and I knew the into the depths of misery and of con- that Ronald Reagan has often said that montagnards would put a high priority flict and of self-mutilation of that soci- it was bipartisanship that ended the on protecting me while I was with ety. Cold War. But I remember very clearly them, even though I was an American. Eventually, during the Clinton years, Ronald Reagan being called a war- Yes, in the Highlands, the montagnards our government made a secret pact monger. I remember very clearly those were with us. Those were the people with Saudi Arabia and Pakistan to end efforts to defeat the expansion of So- that occupied the Highlands in Viet- the chaos in Afghanistan by intro- viet power in Central America being nam. And had the war been decided ducing a new force called the Taliban. undermined directly by people in this there, with those montagnards and Now I had seen the strategies before of Congress who wanted to label Ronald those people, our enemies would have assisting forces in Afghanistan who are Reagan as the problem rather than been defeated instead of an American radical Islamists. I, in fact, spent con- communist tyranny as the problem. defeat. siderable time in the White House But there were other people on the In Afghanistan, America gave the pounding on people’s desks saying, why other side of the aisle and on the Re- people of Afghanistan the weapons are we providing military support for publican side of the aisle who were ac- they needed to fight the Soviet Army. people like Hekmatyar Gulbuddin, tive in support of the Reagan Doctrine, And when we provided them Stinger Sayaff and others of the radical the concept of helping freedom fighters missiles, we gave them the means not Islamists, who were fighting, yes, the throughout the world instead of send- just to fight, but to win. By the way, Soviets, but who were also killing ing U.S. troops. we also promised to help rebuild their other elements within the anti-Soviet The most prominent name nowadays torn country as we encouraged them to Mujahedeens, killing them because is Charlie Wilson. Yes, Charlie Wilson fight, bleed and sacrifice in order to de- they were not as radical in their Is- as an appropriator, who helped get the feat the Soviet Army. lamic tradition?

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27876 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 That backfired on us then, and, in the American people should know this ally, after 9/11, the Afghan tribal and fact, during the gulf war, the first gulf as well. ethnic leaders on our team and basi- war, it is significant that the Mujahe- Well, the fact that the Clinton ad- cally those people that we had been en- deen radicals that we had supported, ministration was covertly supporting couraging to get together and form a Hekmatyar Gulbuddin in particular, the Taliban did not stop a number of us coalition, that coalition emerged after sided with Saddam Hussein. This after from doing something else, from trying 9/11 as the Northern Alliance. we had provided him with more than a to create another alternative. Ben Gil- Most important for Americans to un- mountain of weapons. No. I argued man, chairman of the House Foreign derstand now, it was the Northern Alli- against this stupid strategy based on Affairs Committee, along with a small ance—Afghans themselves, not U.S. empowering religious fanatics. It was team of activists—and I’m very proud combat troops—that drove the Taliban totally unjustified, especially when to have been one of them—struggled to out of Afghanistan after 9/11. Many there was a moderate alternative. Dur- change U.S. policy and went out to people now are very loose in their ing the war with the Soviets, there was support those who opposed the Taliban. words when they discuss how the a moderate alternative in that we had I was in and out of Afghanistan per- Taliban was defeated and driven out groups of Mujahedeen fighters who sonally. Our team was working to build after 9/11. When we drove them out. were not the radical Islamists that an anti-Taliban coalition by uniting You can hear that over and over again. eventually became the Taliban. ethnic and tribal leaders, especially Well, it was a magnificent victory, but those in the non-Pashtun areas of Af- America only had 200 troops on the b 1900 ghanistan. It should be noted that we ground, Special Forces, when the It is a mistake many people make. also worked with Pashtuns who are Taliban were driven out of Afghani- They think the Mujahedeen were the anti-Taliban; leaders like Abdul Haq, stan. Taliban. The Taliban came later. But I who was a terrific leader and one of the So when you hear people say, Oh, could see that empowering religious fa- great leaders in the Mujahedeen effort well, the only thing wrong in Iraq was natics when there was a moderate al- to fight the Soviet army during their we didn’t come in with enough boots on ternative was not the right way to go. occupation. He was a Pashtun leader the ground, we only had 200 boots on And after the Soviets had been driven that we were working with. the ground in Afghanistan, and, in fact, out, there was a moderate alternative. Yes, there was King Zahir Shah, who those 200 boots gave us a tremendous The moderate alternative was King was also Pashtun, but by and large we victory, and it also gave us a tremen- Zahir Shah. He was an exiled king were trying at the very least to get dous opportunity to rebuild that na- right before the Soviets took over. The those in the northern part of the coun- tion and to demonstrate the benefit of fact is he had ruled that country for 40 try and those ethnic groups other than being America’s friend. It gave us the years. He was the only leader who ever Pashtuns, because in Afghanistan, yes, opportunity to make up for breaking gave Afghanistan a time of tranquility not all Pashtuns are Taliban, but al- our word after the war with the Soviets and progress. And he did that by not most all Taliban are Pashtuns. and to regain the trust and admiration trying to impose his rule on the rest of During that time, during the 1990s of moderate Muslims throughout the the people of Afghanistan, but instead when we were working trying to create world. We had that chance. ruled as a monarch, as a symbol, as a that coalition, I met with General Afghanistan, which, by the way, is father of his country. Dostum, Commander Masood, Ishmael about the same size as Iraq, we had Well, he was available. He was living Khan, and many others. Our team driven out a force of tens of thousands in exile in Rome. I argued that case brought together all the leaders of the of Taliban soldiers and their al Qaeda that he should be the one brought back ethnic groups of the Afghan ethnic allies, not by U.S. troops—only 200 U.S. to unify the country, not some radical groups and the significant tribes. We troops were there—but instead by pro- Muslim sect like the Taliban, but the brought them together in Frankfurt viding air support and supplies and Saudis and the Pakistanis were insist- and Bonn in 1997, and Istanbul in 1998. communications to those people in Af- ent. They thought they could control Then, in December of 2000, I and ghanistan who were fighting against the Taliban and they would use the Chairman Gilman brought the key Af- this radical Islamic gangsters who had Taliban—control of the Taliban to con- ghan players right here to Washington, oppressed them. trol Afghanistan. Of course, America D.C., to our Foreign Affairs Committee Well, after the Taliban was defeated, just went long with it. room in the Rayburn Building. As a re- instead of focusing on Afghanistan, in- President Bill Clinton and his admin- sult of that meeting, organized by stead of keeping our promise, going istration signed on to that deal. Well, Chairman Gilman and myself, what re- back to keep our word, which we had it is was an easy way out. We’re going sulted from that meeting was a phone given so long ago—and, I might say, we to provide so much money and assist- call made during that meeting from renewed that promise when we asked ance, and the Pakistanis were there. Of the participants here, who were anti- them to drive out the Taliban—instead, course, then people didn’t realize that Taliban people that we brought here. President Bush rushed the United the Pakistani military and the ISI, That telephone call was made to King States into an invasion/liberation at- who we have since proven were actu- Zahir Shah, who was then living in tack of Iraq. The battle for Iraq, how- ally radical Islamists themselves, they exile in Rome. ever, was fought by U.S. combat were the allies of the worst anti-Amer- During that phone call an agreement troops, a totally different strategy ican radicals in that region. was reached that the king would return from what had worked in Afghanistan. So, in reality, America, in the mid- to Afghanistan into Masood’s territory By the way, we could well have im- 1990s, was covertly supporting the and lead a loya jirga, which is a gath- plemented a similar strategy in Iraq by Taliban. We covertly supported its cre- ering of leaders of Afghanistan, in July arming the Kurds and the Shiites, by ation and we made sure that our aid of 2001. When that agreement did not making deals and cutting deals with was channeled into those areas that bear fruit, when that meeting did not Shiite leaders, by reaching out to dif- supported the Taliban, but we short- occur, Ben Gilman and I dispatched ferent people in their military and in changed all the other nonradical committee staff in late August and their government. Instead, no, we sent Islamists like Masood and others who early September of 2001 to Rome and to in large numbers of U.S. troops in com- were there and didn’t get that same Pakistan to find out why that loya bat units. Only when we pulled our level of aid. jirga had failed to materialize. forces back and used our financial re- Most importantly, the people of Af- So whatever the Clinton administra- sources to buy the goodwill of people in ghanistan believed then, as they do tion was doing, whatever their tilt to Iraq did the Iraq war turn in the right now, that the United States helped cre- the Taliban, there were others of us direction. ate and was behind the Taliban. If they trying to do what was right, and, yes, We have heard a lot about the surge. believed it, and they are living with it, all of that activity paid off. Eventu- I voted for the surge and I have tried to

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People were living in caves, and I tried be supportive, but we were obvi- stepping forward and fighting their they would come out. They didn’t ously doing the wrong thing. We obvi- own battle. know that I wasn’t an Afghan. They ously used the wrong strategy. The By sending more U.S. combat troops, didn’t know that I was American. I had competence of the last administration we will encourage exactly the wrong a beard and an AK–47 strapped across in carrying out that war and building behavior by the Afghans. And, obvi- my shoulder, and they came and they peace was abysmal. We could have done ously, the Afghans have proved time would say, Please let us, Mujahedeen, what we did in Afghanistan and let the and again that they are willing to our brothers, let us give you some tea Iraqis liberate themselves from Sad- fight. They’re willing to fight for their and bread. The people would come out dam Hussein’s tyranny. families, for their villages, for their of their caves where their families were The human and financial cost of the way of life. And, yes, they’re willing to living to give us tea and bread. And as Iraq liberation and how it was accom- fight for Afghanistan. we left, some of the Mujahedeen lead- plished, all of the incompetence that b 1915 ers that were with me said, You know, went with it, will be the subject of that’s all the bread they had. Their scrutiny for years to come. However, Well, that is so obvious. Yet the easy family is not going to have that bread we have moved forward and there are answer for America’s decision-makers tonight. some signs or every sign of success in is to send more U.S. combat troops. What kind of people are these? These Iraq. That success—it’s clear that that Well, easy answers have a great deal of are wonderfully courageous people of success was brought about not nec- appeal to power brokers, but easy an- integrity, sharing their bread because essarily by large numbers of U.S. swers usually don’t solve the problems. they were part of this national effort. troops, but instead, not just the surge Yes, sending more U.S. combat We do not want that power and of troops, but General Petraeus’s abil- troops sounds less complicated than strength and integrity turned against ity to use financial resources to win having to deal with Afghan ethnic, us. We want them on our side, and we the loyalty of Sunnis and other tribal tribal, and village leaders on the must be on their side. Sending more leaders in Iraq. ground. Sending more troops sounds a U.S. combat troops will not accomplish But what is also clear is that our Iraq lot easier and less complicated than that mission. focus after the defeat of the Taliban undoing the horrendous strategic mis- U.S. Army Major Jim Gant has writ- prevented us from doing what was takes our State Department has made ten a booklet entitled ‘‘One Tribe At a right by the Afghan people. And there in forcing a foreign structure onto Af- Time.’’ In it, he details his account of is a cost to that as well. There is a cost ghan society since 9/11. being embedded with Afghan villagers, that we will pay for not doing what was In short, our government has tried to and he lays out a strategy to defeat the right to the Afghan people and just force the people of Afghanistan to ac- Taliban from the bottom up, not from rushing off to commit our treasure and cept centralized rule from Kabul. And the top down. Certainly we will defeat our troops into Iraq by stretching our- even if that government wasn’t cor- them not by sending in more American selves too thin so we couldn’t do the rupt, even if Karzai’s brother wasn’t a combat units to do the fighting but, in- right thing in Afghanistan. drug dealer, the centralized power and stead, let these ferocious people do Now, what is that price that we’re decision-making that we have tried to their own fighting with our support. paying? Now, after years after the ini- force on the Afghan people—or at least It’s a cost-effective plan; and even tial success of driving the Taliban out, supported that being put on them—is though it’s more complex than simply the Taliban’s radical Islamic threat is totally contrary to the Afghan history sending more troops, it’s the only plan growing. And the response to this and culture. These people are brave. that can succeed. It’s focused on send- threat? Send in more U.S. combat They will not be subdued and pacified ing our teams, combat teams, to live troops. Whenever that’s been tried as by a Kabul army or especially by a for- with the Afghans in their villages, just a simple answer, it’s failed. When- eign army, even if it’s our Army. helping them build their militia struc- ever there’s been unconventional war- No, we must make allies of the brave ture, providing them guns and ammo fare that we have had to deal with, people of Afghanistan, not send in and, yes, buying goodwill of their lead- that strategy of sending in more U.S. more U.S. combat troops to fight them. ers and perhaps helping them rebuild combat units has not worked, whether Even if our troops fight against their their country’s infrastructure. Perhaps in Vietnam or Afghanistan or any- enemies, it is still wrong because even a clinic in a region, perhaps helping where else. Foreign troops in a foreign if we’re fighting against the Taliban, them get a clean water supply. land fighting as combat units will al- who are our enemies, it is still wrong Afghanistan has the third highest in- most always end up in hostile terri- because it creates a dependency of the fant mortality rate of any country in tory, and even those locals inclined other Afghans on us to do their fight- the world. Yet we want to spend our otherwise will eventually turn against ing. And in the long run, the brave, money sending troops. After we prom- foreign troops to side with their own courageous people of Afghanistan will ised we would help them rebuild their countrymen. That dynamic is very not appreciate that we have made them society, they still lose their children easy to identify. dependent upon us. That will not be ap- not just to land mines that weren’t President Obama is being asked by preciated. cleared off but to dirty water that de- General McChrystal, who I deeply ad- They are a people of tremendous in- stroys their children’s lives, makes mire, to send 35,000 more U.S. combat tegrity. I walked through Afghanistan them sick and makes them die of diar- troops into Afghanistan. If my experi- that one week that I spent at the bat- rhea. It’s a terrible, terrible thing. ence tells me anything, it is that the tle of Jalalabad, and I remember seeing And what is the cost of the 35,000 introduction of more U.S. combat units these people. If they got wounded, if troops that is being suggested that we into Afghanistan will be counter- they were wounded, they were gone. send to Afghanistan? Already I am say- productive and perhaps disastrous. And There was no medical evacuation ing that the strategy doesn’t work. But the likely downside to sending more there. If they stepped on a land mine, what is the actual financial cost? The U.S. combat troops is recognized by they were gone. And when they were cost is $35 billion, $1 billion for every our own U.S. Ambassador, General wounded, they didn’t cry out in pain. 1,000 troops annually. We can buy all Eikenberry, who is now our U.S. Am- You had young people there fighting the goodwill we need, and we can help bassador to Afghanistan. General right alongside elderly people. rebuild Afghanistan for far less than it

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We should teams will lose their lives. we can help them build up their own back them up with air support, and, But I would dare say, and Major Gant militias by which they can then defend yes, let’s have Special Forces teams says so as well, that far fewer Amer- themselves and not worry, Is the U.S. embedded in the villages, like Major ican military personnel will lose their going to go away and leave us vulner- Jim Gant has told us would be an effec- lives that way than if we continue the able? Americans cannot patrol, subdue tive strategy. strategy, which is basically alienating and pacify every area of the globe That strategy and buying the good- the people of Afghanistan who eventu- where hostile forces lurk, especially in will of tribal leaders, people who were ally will rise up against us because the Afghanistan. It will break our bank. there leading their—this is a naturally strategy is not something that takes Our young men and women in our serv- democratic society from the bottom into account their own needs at the vil- ices will be unnecessarily killed and up. By the way, our country would lage and tribal level. It will cost us less maimed; and in the end, the same thing have failed had we insisted that all the in blood. It will cost us less in treasure will happen to us that happened to the political power in our country would than sending more combat troops to Soviet empire: it will break our bank, have been decided by the central gov- use Major Gant’s strategy and a strat- and the American people will not be ernment. It’s the States in our country egy of working at the bottom level willing to shoulder responsibility any- that control the education. It’s the rather than just sending in more where in the world because of the hor- States that basically control the police troops. rendous complications that have arisen and the justice of our people. Had we And to help them rebuild their coun- from our jumping in to doing the battle not had that policy from day one, our try at long last. Rebuild their country for everyone in Afghanistan and other country would not have succeeded. after we promised them what we would places of the world. Yet we’ve been trying to push on peo- do after they defeated the Soviet Army Yes, we do need to use our military ple who are even more protective of and after they kicked out the Taliban. forces in places; but if we do this, if we their rights to make their own deci- But we owe it not only to the Afghan send them off to missions that can’t be sions for their own villagers—we’re people to look very serious about this; accomplished, we are not doing our trying to push a simple government on we owe it to our troops not to send duty by them. And how do we know them which they don’t even know. them on a mission that they cannot ac- that? If there are two military truisms, Well, that strategy of buying the good- complish. We have an opportunity at history lessons that should have been will of tribal leaders will carry the day. this time to do the right thing and not learned in the last century, they are: We can go in and identify with these just to place ourselves in a position to Don’t march on Moscow, and don’t in- leaders there, work with them, work end up with a military, diplomatic, fi- vade Afghanistan. with their people. That is the strategy. Afghanistan will not fall to the nancial, and human embarrassment Yes, as Major Gant says, there is risk Taliban if we support those brave peo- that we will have lost so many people in this; but the greater risk is a strat- ple who defeated the Taliban. Our and so many lives for nothing, for an egy of sending more combat units State Department, in their rush to cen- outcome, another quagmire. which rumble through the countryside. tralize power in Kabul, actually orga- I have one last story that I would I met with a group of Afghan veterans nized the effort and pushed the policy like to end my speech on tonight, and just last week, and they told me that of disarming the anti-Taliban Northern it is a story that I want to make sure what they were told to do by their Alliance after their initial victory. people understand. What I am saying commanding officers was, you just They have then pushed not to develop today is not in any way a bad reflec- the militias. Every village in Afghani- take hikes through the countryside tion on our military. The fact is, I met stan, every male child is considered to until they get shot at, and then they with our veterans from Afghanistan be part of the militia and is expected to start firing back. Or they drive their last week in my office. They support learn how to use the weapons of the trucks and their vehicles through the this strategy. Just because I’m saying day. Afghan countryside and through Af- they can’t do everything and fight Now through that militia, we can ghan villages until they are either shot every battle doesn’t mean that I don’t mobilize that. And when they say to at or they run over some kind of an ex- respect them. In fact, I believe they are us—and I have read these accounts plosive device, and then they retaliate. heroes. Every one of those people will- over and again. They are afraid that That is not a strategy for victory, ing to put their lives on the line, they America might abandon them again. and that’s what happens when you send are heroes. They are willing to risk Well, why are they afraid? Because we major combat units into a country their lives for us. We owe them our haven’t given them the means to de- rather than trying to defeat the enemy best judgment not just an easy answer fend themselves. We should not only in that country from the bottom up, of sending more military people into a give them the means, but we should rather than inserting something from conflict. help them, support them, provide them the top down. Such a strategy of help- My family was a military family. I the air support, give them the financial ing the villagers there in Afghanistan grew up in a Marine family. My father resources, the communication gear so who have lived under the Taliban— was a lieutenant colonel in the Ma- that they will win a victory against they hate the Taliban. They have seen rines. We were stationed in Marine radical Islam. their schoolteachers beheaded. They bases until I was 16. That is the only way that radical have seen their young girls being treat- b 1930 Islam will be defeated—not by sending ed like dirt and like animals. They do U.S. troops all over the world and espe- not want to live that way, and they My brother graduated from Camp cially into Afghanistan. Yet our for- will not submit to the Taliban—unless, Lejeune High School in 1963. His best eign service continues to rely on more of course, they aren’t given any chance buddy, his very best buddy, graduated U.S. troops and, yes, on building a na- to defend themselves. from high school with him and imme- tional army in Afghanistan that will be The strategy of helping those people diately joined the Marine Corps when controlled by the government in Kabul, who are willing to fight against that he was 17 years old, David Battle. a corrupt government that is not trust- form of radical Islam that they know David Battle joined the Marine Corps ed by the people of Afghanistan and is and despise, that is a cost-effective way right after he graduated with my not even trusted by our own leaders. of dealing with the challenges that we brother, and he was my brother’s best This is exactly the wrong approach. confront in Afghanistan. It will cost friend. Well, years later, when I went Instead, as I say, we should arm every less in blood. We won’t be putting our to the White House with Ronald

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My family, my guards could not stop him because Pearl Harbor, when the President of mother and my father and my brother, their guns were unloaded, and he drove the United States spoke from that lec- came to the inauguration in 1980, and that truck into the Marine barracks tern right there after Pearl Harbor. Be- then we rented a car and traveled down and blew 290 marines to hell—290 ma- fore 9/11 that was the worst attack on to Camp Lejeune to see where we used rines. And I looked desperately. I American soil. But 9/11 changed things to live, to see if we could remake old looked to see who it was, and the first substantially. For one thing, I never acquaintances. name on the list of casualties was Ser- thought during my 4 years in the And we found my brother’s best and geant David Battle, my brother’s best Army, going back to the 1970s, that dearest friend, Sergeant David Battle. friend. I went into my office and wept we’d ever see patriotism at a level that He was well on his way to retirement. that day. it is today, where people actually ap- He’d already bought himself—only a And then I stopped crying because I preciate people being in the service. couple of years away, and he’d bought said, I’m going to make a resolution The Vietnam Vets knew what it was himself a boat that he was going to dig right here and now that I will never like to come home and to be spit at and clams and mussels out in the inlets in cease to be pushing and pushing and ridiculed. I know when I went through North Carolina and sell it to the local trying to correct a situation that I basic at Fort Riley, there was an order fish markets. He would have his retire- know is wrong. If it takes me being ob- not to wear our uniforms off post be- ment. He had served two tours of duty noxious, I will do that, because we owe cause there was supposedly violence in Vietnam, a wonderful man with a it to the people who defend us, the Ser- that was done. There were people beat wonderful family. His parents were geant David Battles, they salute and up who were in the service. But somehow, for a while there, 9/11 there. His lovely wife was there with march off and put themselves in harm’s brought this Nation together, where their two children, and we had an way. They are doing their duty. It is up people began to take notice and care evening that I will never forget, a great to us to do our duty by them, and not about first responders, and they began North Carolina evening. send them on a mission that they can- to care about each other. And on Sep- And then the next day my family not accomplish, and not send them into tember 12, there on our courthouse drove to Washington, and I entered the harm’s way to lose their lives for noth- square in Smith County, Texas, we had White House and took my place on ing. people of all walks of life join together, President Reagan’s staff. President Today, we have a major decision to a huge group came, and it culminated Reagan, as I have mentioned, sent the make in Afghanistan. It is up—I would in everyone holding hands and singing marines, deployed our American ma- call on all of my colleagues to stand up God Bless America. And as I looked rines, into Beirut. It was not a good de- and be counted on this issue, seriously around, there was not one single hy- cision. It was something that was a consider what the chances of success phenated American. We were all just risky proposition and had very little are, and if they agree with me that the Americans, all kinds of races, genders, chance of success. I knew that, and I approach being taken of sending more creed, colors, national origins. But we actually mentioned it to a lot of peo- troops in, that we stand up and we pre- were just Americans. ple. vent this policy, like the policy of Well, after 9/11 we realized that for But what especially caught my eye sending our troops into Beirut without the first time in our history the oceans when I was looking at that was that bullets in their guns. And we should did not provide the protection that the State Department had initiated a not assume that just sending those they once did. As an old history major policy, a rule of engagement, that was guys there will be accomplished be- at Texas A&M, and continuing to be a accepted by the military, forced on cause other people will watch over and student of history since, I don’t know them by the State Department, that make sure the job’s done correctly and of another Nation in the history of the the marines would not be permitted to that our troops are safe. world that has been so blessed and pro- have bullets in their guns. Their clips It is up to us, each and every one of tected as we were with the Atlantic would not be in their rifles, would be in us, to insist that this strategy of sim- and the Pacific oceans. Even Australia, pouches because the State Department ply sending in more troops, at $35 bil- which was surrounded by water, always was so afraid they might get trigger lion, a strategy that’s more likely to had to fear invasions. But after the happy if they were shot at. Yeah. So we work and accomplish what we want to War of 1812, for the most part, we sent our marines in. I went around to accomplish, is put into place, a strat- didn’t have to worry about external offices in the White House and I egy that will keep faith with the Af- threats so much as we were able to pounded on the desk and I said, what ghan people, instead of just simply re- think about Manifest Destiny, moving are we doing here? How could we send lying on Americans doing more of the and settling the continent, the Indus- our people in to try to defend us and fighting, help them rebuild their coun- trial Revolution, having the effort to tell them they can’t, our soldiers, our try, rearm them, arm them so they can make the Constitution mean the same marines, can’t have bullets in their do their own fighting. We owe it to our for all people, no matter what race, guns? This is insane. troops. We owe it to our marines, we creed, color, gender. And I was told over and over again, owe it to the Sergeant David Battles But 9/11 sent a message that the don’t worry, Dana. Don’t worry. Bud who have given their lives over the oceans no longer protected us, that we McFarlane, George Schultz, Jim Baker, years for our country, to make sure we were going to have to take more meas- they’re all former marines. They’re do our duty by them as they do their ures to protect ourselves. I recall back going to take care of this. And it didn’t duty by us. in the 1980s it being said that one of get taken care of because after I left f the great things about the Atlantic and and was assured it would be taken care Pacific, if somebody intended to be a of, that piece of paper ended up on the 9/11 CHANGED EVERYTHING suicide bomber, they would lose their bottom of the stack, on the bottom of The SPEAKER pro tempore. Under nerve crossing the ocean. And cer- the stack, and our troops, our marines the Speaker’s announced policy of Jan- tainly, anybody that moved here and continued for weeks to be in harm’s uary 6, 2009, the gentleman from Texas lived among the American people way, without bullets in their guns. (Mr. GOHMERT) is recognized for 60 min- would begin to see how much freedom And again, I assumed that these peo- utes. we had here, and they would come to ple were going to handle it. I was told Mr. GOHMERT. Mr. Speaker, it’s a love America as we do, and they would that they would. And then that hor- pleasure to be here on the House floor, not want to blow up their friends and rible day when an Islamic terrorist especially when you know the history neighbors. Again, 9/11 changed all that.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27880 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 So if someone doesn’t know the les- b 1945 attack on 9/11 in New York City, the sons from history, then they are des- Attending a tour of the Guantanamo most densely populated area in our tined to repeat it, as the old saying Bay facility was not unusual except country. goes. Well, the Constitution, and I have that it is unusual to get there. You In 2005, 2006, this Congress considered a pocket Constitution here, article one, don’t take a commercial flight to these issues—and I would submit gave section 8, says that Congress shall have Guantanamo Bay, which is one of the it better consideration than our cur- power to—and one of the things that reasons it’s such an ideal spot for peo- rent Attorney General—and when the we have the power to do in Congress is ple who are a threat to our way of life. Bush administration had formulated a constitute tribunals inferior to the Su- We have also Ramzi bin Al-Shib who military tribunal system without the preme Court. And you get over to arti- was captured by Pakistani forces in input from Congress, it was struck cle three, section one, the judicial Pakistan around September of 2002. He down, and rightfully so. So Congress power of the United States shall be was transferred to Guantanamo Bay, got involved. Now we have the Military vested in one Supreme Court, and in Cuba, on or about September 26 where Commissions Act that was passed in such inferior courts as the Congress he also has remained. 2006. may from time to time ordain and es- You have other people being detained The Obama administration did not tablish. there that we know have been self-con- like the term applied to the enemy Even the Supreme Court, over in sec- fessed terrorists and under the pleading combatants that were captured on the tion two, where it’s talked about, it that was filed by Khalid Sheikh Mo- battlefield around the world who had says in all of the other cases before hammed, as he said, ‘‘We’re terrorists made efforts and participated in the mentioned the Supreme Court shall to the bone, and if we terrorize you, murder and destruction of American have appellate jurisdiction, but it’s the kill you,’’ basically, ‘‘thanks be to lives and American property. So, the law in fact, with such exceptions and God.’’ way that bill was amended, it now under such regulations as the Congress These are people who do not believe reads ‘‘any alien unprivileged enemy shall make. So the Supreme Court we should have the freedoms that we belligerent is subject to trial by mili- owes its existence to the Constitution. do in America because they think free- tary commission as set forth in this Every single other court in America, dom ultimately leads to degradation of chapter.’’ Federal court that is, owes its exist- the individual and the country. There- You have to look back. ence to the Congress. We create the fore, people should not be allowed free- Alien. The term ‘‘alien’’ means an in- courts. We establish their jurisdictions. dom, they should be told what they can dividual who is not a citizen of the We have the right to establish their or can’t do; and they believe that they United States. You look at venues. And when we dealt with this get a special place in Paradise if they unprivileged enemy belligerent. The issue back in 2005 and 2006, of having to are able to go out in this life having de- term ‘‘unprivileged enemy belligerent’’ deal with terrorists who are captured stroyed and killed what we consider in- means an individual other than a privi- on the foreign battlefield, what do you nocents and what they consider leged belligerent who, A, has engaged do with them? You certainly don’t infidels. in hostilities against the United States want to bring them onto American So we come to the announcement by or its coalition partners; B, has pur- soil, because if you did that, there’d be the U.S. Attorney General when he an- posefully and materially supported some court that would say, well, they nounced that the Department of Jus- hostilities against the United States or have all the rights and privileges of an tice will pursue prosecution in Federal its coalition partners; or C, was a part American citizen, which shouldn’t be court of five individuals accused of of al Qaeda at the time of the alleged true, but until some court says it’s conspiring to commit 9/11 attacks. He offense under this chapter. true, and at that time, since we believe said further, ‘‘I’ve decided to refer back The term ‘‘hostilities’’ means any in following the law, even though some to the Department of Defense five de- conflicts subject to the laws of war. courts do not, they create it instead of fendants to face military commission As it says in 948(h), Military commis- follow it, we follow even the renegade trials, including the detainee who was sions under this chapter may be con- courts when it’s the law of the land. previously charged in the USS Cole vened by the Secretary of Defense or So, we had to deal with this issue. bombing. The 9/11 cases that will be by any officer or official of the United Following all of the precedents, and I pursued in Federal court have been States designated by the Secretary for believe Justice Scalia does a phe- jointly assigned to prosecutors from that purpose. Unfortunately, the Attor- nomenal job of discussing precedents, the Southern District of New York and ney General has elected to bring self- as does Chief Justice Roberts in the the Eastern District of Virginia and confessed terrorists to New York City. Bimidian case. But we had to deal with will be brought in Manhattan in the I did want to walk people through people like Khalid Sheikh Mohammed. Southern District of New York.’’ what it takes to prepare a case for trial Khalid Sheikh Mohammed was cap- He goes on and ends up saying, ‘‘In from a judge’s standpoint, from a tured in Pakistan on March 1, 2003, by each case, my decision as to whether to logistical standpoint. All evidence has the Pakistani ISI. It may have been a proceed in Federal court or military to be transported by different individ- joint action with agents of the Amer- commissions was based on a protocol uals, whoever may have it, to the ican Diplomatic Security Service, but that the Department of Justice and De- courthouse so it can be used as evi- he’s been in U.S. custody ever since fense developed, and it was announced dence there—sometimes it’s held in dif- that time. In September of 2006 the in July. Because many cases could be ferent places—but eventually to the U.S. government announced it had prosecuted in either Federal courts or courthouse. Normally you have to keep moved Mohammed from a secret prison military commissions, that protocol a very careful chain of custody on any to the facility at Guantanamo Bay de- sets forth a number of factors, includ- evidence, but unfortunately, this is tention camp. ing the nature of the offense, the loca- from a battlefield where in order to get Now, some came to believe that tion in which the offense occurred, the the official chain of custody started, Guantanamo is such a horrible place. identity of the victims, and the manner our soldiers in harm’s way would have That is where we waterboard people in which the case was investigated that to walk out in the middle of hos- and things like that. The must be considered. In consultation tilities—perhaps there are bullets fly- waterboarding that apparently oc- with the Secretary of Defense, I have ing—and say, ‘‘Time out. I want to curred, never occurred at Guantanamo. looked at all of the relevant factors gather evidence that we may need to That was elsewhere. Guantanamo Bay and made case-by-case decisions for use some day in a civilian court be- is a place I’ve been a couple of times. each detainee.’’ cause we have a President or Attorney And, having been a judge, I’ve had the Well, it wouldn’t seem that he has General who wants me to go out in opportunity to explore and tour many considered the safety and the best in- harm’s way and gather fingerprint, the different types of prisons. terests of the people that survived the forensic evidence that may be used in

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27881 establishing the chain of custody, if a defendant has access to tremendous b 2000 never mind that it may get me killed amounts of money, then you can ex- Apparently these terrorists enjoy trying to gather such evidence pect them to call expert after expert seeing Americans flee in fear. We have forensically on a battlefield,’’ which we after expert. And yes, Federal judges had an evacuation here a couple of have never done before. It’s never been can rein in the number of experts, but times since I have been in Congress. necessary because people who were if they’re creative enough, they may be My brother called after the first time leaders in this country knew enough able to come up with enough experts to since I have been here and said, I didn’t about the history of the country to drag this thing out. see you running out of the Capitol on avoid putting our men and women at And, of course, we have the rules in video. I said, Perhaps that is because I additional risk in order to try people Federal court as State courts as well was the last one out. I would rather be who wanted to kill us and destroy our that the judge has to be the gatekeeper killed by a terrorist than to have them way of life into a civil court, a civilian of what experts will be allowed to tes- see legislators running in fear because court. It just hasn’t been done. It was tify. They have to be found to be com- there is some terrorist threat to the not appropriate. petent in the area to which they are Capitol. Just take me out. I know Now this is an unusual war, of going to testify. And so the judge may where I am going when this life is over, course, because although the individ- have weeks and weeks and weeks of so I am not terribly worried about uals who have planned, participated in hearings on whether an expert will be what happens in the interim. killing American citizens through the allowed to testify. There may be weeks Back to the trial. Those kinds of 9/11 terrorist attacks, they declared and weeks and weeks of hearings re- acts, those kinds of threats could nor- war on us but we didn’t officially de- garding change of venue evidence and mally be expected during the course of clare war on them because they’re not whether the case should be transferred, a trial. And as the trial goes on, you actually a country, which makes it and if so, where it could be transferred think about the jailers who are main- more difficult. But make no mistake, where a fair trial could be had. taining a watch on the terrorists in war has been declared on the United Amazing, but some of these things I New York City. Think about their fam- States, and either we respond by fight- do not believe got adequate consider- ilies. Maybe their immediate family, ing back in this war or the war with ation before action was taken. their wife, their children, or if it is a terror goes on from the terrorists until So we have terrorists who are going female, their husband and their chil- they win. It becomes a very one-sided to be brought to New York, perhaps dren. Think about perhaps even their war until eventually we either lose the some to Illinois. As they’re awaiting mother or father, siblings. Who will be country out of fear or terror or the trial, the thing gets dragged out, per- safe, because you know as much re- American citizens decide, Gee, the risk haps the friends of the terrorists—be- search as went in so carefully to the is so great, let’s just make our Presi- cause we know people can get into this planning and the destruction of the dent king and go to a dictatorship be- country illegally. We know people have World Trade Centers, that planning cause so often in history, people prefer come in legally, overstayed their visas, will likely go into the next terrorist a dictatorship or a king or a Caesar if and we are not enforcing visa termi- attack, and what better time than they can assure that they’re going to nations adequately. So they could have when terrorists are on trial in New be better protected. friends here illegally. They could have York, because to their warped, dis- That is why I decided since it didn’t people here legally. But you can bet torted way of thinking, what a great appear that the best of judgment had they are going to be testing out the time to be blown up with all of these been used in wanting to bring terror- adequacy of the court system in which infidels surrounding them in New York ists who said they participated and their terrorist buddies are being tried. City—infidels to them, innocents who planned the 9/11 attacks—they just And having read the pleading by Khalid deserve protection to the rest of us. hoped to kill a lot more than 3,000 peo- So as you get through the trial, you Sheikh Mohammed that they intend to ple and perhaps had hoped to kill tens have not only the jailers, you have terrorize us, they intend to defeat us, of thousands of people if the buildings bailiffs, you have jailers who transport to destroy us, then their friends will be had collapsed sooner—it seems to me them. You have people working on the looking for such a way to do that. we needed to fix this. vehicles that will transport them. You So we are working on the language— What better way than in the most have people working on perhaps air hope to file it tomorrow, no later than densely populated area in this country cover and working on the aircraft that Thursday—that will make this manda- to have some terrorist threats go on? will provide air cover, if any. You will tory: that any alien unprivileged And what you normally have when the have people who will be in those vehi- enemy belligerent shall be exclusively terrorist threats go on is evacuations, cles and aircraft. You have people all subject to trial by military commis- and that’s when it is extremely helpful along the way, and every single person sion as set forth in this chapter, words to have a community organizer in the is a potential link that may be ex- along that line, so that it is not an op- White House because you will need lots ploited by terrorists, either of their tion for people who do not understand of community organization in order to families or of those individuals, be- the risk to which they put American adequately evacuate massive areas of cause these individuals intend to scare citizens. the most densely populated area in us and to show that we can do them no Once you gather the evidence, once America, as the threats will likely be harm, but they can sure scare us. So you have the terrorists in New York coming. what better opportunity. City, I would expect that is probably I have seen them happen in my own During the course of the trial, of strategically when the defense attor- courthouse when I was a judge. I nor- course, it is a daily thing to transport neys would file a motion to change mally didn’t evacuate. I had that lux- prisoners back and forth from the venue. Of course, the terrorists may ury since I could order the deputies to courtroom. You have people all over want to keep it in New York City even leave me alone. But you will have the courthouse. It may be more re- though they might allege they couldn’t those types of things. stricted during the trial, but it is real- get a fair trial because perhaps every Can we be sure that there will not be ly difficult to restrict the ongoing busi- single person in New York City eligible a truck, a vehicle, loaded with explo- ness in New York City. And especially for jury duty might have heard about 9/ sives to perhaps commit some act of since, as I read, the Attorney General 11 and may have drawn opinions about terrorism in one of the tunnels? Or a says they intend to have them brought what happened that day, it is a better vehicle. You could have a number of in Manhattan in the Southern District place for terrorists to remain and be vehicles coming through the tunnel, of New York, to Manhattan itself. Un- held and drag out a very long, sus- coming across the bridges, loaded with believable. Unbelievable. tained trial. Because as you find if you explosives. Things to instill fear in the So there are a lot of people who are have been around the judicial system, minds of American citizens. at risk, including the people in New

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27882 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 York City. And in case someone, Mr. thought we had a divine author of our fore beg leave to move that henceforth Speaker, is tempted to think, ‘‘Well, blessed religion. He didn’t know what prayers imploring the assistance of this is 2009; that occurred September of our current President knows, appar- Heaven, and its blessings on our delib- 2001. I am sure those people have got- ently. erations, be held in the assembly every ten over the panic, the fear, the trau- Out here we have a painting right morning.’’ ma, the tragedy of that horrible day on outside, a massive painting of the Con- It was seconded and unanimously 9/11,’’ well, you don’t have to go very stitutional Convention. After nearly 5 adopted. From that day to this, we do far back and recall the insensitivity of weeks of accomplishing virtually noth- not begin in this Chamber, or prior this administration in having Air ing, Benjamin Franklin, 80 years old, when the Congress met in other cham- Force One fly over New York, accom- about 2 and a half years away from bers, we don’t meet without starting panied by a fighter jet, which caused a meeting his maker, brilliant, witty, with prayer, without apologies. sheer panic, as some may have seen on charming, quite the man, stood up and You go on to Abraham Lincoln, one You Tube, among citizens in New York he was recognized. of the greatest theological discussions, because they thought it is happening He said we have been going for nearly and this came from a man who basi- again and a fighter may have to shoot 5 weeks. We have more noes than ayes cally was self-educated, well read, self- down Air Force One. It was unbeliev- know. He said, ‘‘In this situation of taught, voracious reader, but he loved able insensitivity, and as some may re- this assembly,’’ and we know these reading the Bible. He believed in God call, at least one person lost their job were his words taken by James Madi- as indicated throughout his writings. over it. son, ‘‘groping as it were in the dark to And as he tried to reconcile the hor- It won’t take much to start the panic find political truth, and scarce able to rible, bloody Civil War that had gone all over again. The insensitivity is just distinguish it when presented to us, on, profound words he wrote. As he amazing, just amazing. how does it happen, sir, that we have wrestled—you can feel the inner con- So we are told, in addition, not only not hitherto once thought of humbly flict in himself when he tries to rec- should we bring these terrorists to New applying to the Father of Lights to il- oncile the North and South fighting, York City, the most densely populated luminate understanding? In the begin- brother against brother, family mem- area in the country, but we should ning contest with Great Britain, when ber against family member—he said keep in mind that we are one of the we were sensible of danger, we had these words that are inscribed on the largest Muslim Nations in the world, daily prayer in this room for the divine north side of the Lincoln Memorial, that we are not a Christian Nation. protection. Our prayers, sir, were heard ‘‘Both read the same Bible and prayer I can’t help but in this hallowed Hall, and they were graciously usually an- to the same God, and each invokes His this incredible historic building, go swered. aid against the other. It may seem back to the painting of George Wash- ‘‘All of us who were engaged in the strange that any men should dare to ington down the hall as he extended his struggle must have observed frequent ask a just God’s assistance in wringing resignation, and the end of it, the res- instances of a superintending provi- their bread from the sweat of other ignation, after he had won the revolu- dence in our favor. To that kind of men’s faces, but let us judge not, that tion, as he resigned, which was some- providence we owe this happy oppor- we be not judged. The prayers of both thing which had never before or since tunity of consulting in peace on the could not be answered. That of neither been done in the history of mankind, means of establishing our future na- has been answered fully. The Almighty lead a revolution and military, win, tional felicity. And have we now for- has His own purpose. ‘Woe unto the and then just go home after you did gotten that powerful friend? Or do we world because of offenses; for it must your job. Washington was an extraor- imagine we no longer need his assist- needs be that offenses come, but woe to dinary man. ance?’’ that man by whom the offense cometh.’ At the end of his resignation, he says, See, this was during the founding, ‘‘If we shall suppose,’’ Lincoln said ‘‘I now make it my earnest prayer’’— the creation of the Constitution. The ‘‘that American slavery is one of those that’s right, prayer—‘‘that God would Founders felt like it was okay to pray offenses which, in the providence of have you and the State over which you to God for divine protection and they God, must needs come, but which, hav- preside, in his holy protection, that he were not worried if that insulted some- ing continued through His appointed would incline the hearts of the citizens one because it is what they believed. time, He now wills to remove, and that to cultivate a spirit of subordination Franklin stated, ‘‘All of us who were He gives to both North and South this and obedience to Government, to enter- engaged in the struggle must have ob- terrible war as the woe due to those by tain a brotherly affection and love for served frequent instances of a super- whom the offense came, shall we dis- one another, for their fellow citizens of intending providence in our favor.’’ He cern therein any departure from those the United States at large, and particu- believed God was answering our pray- divine attributes which the believers in larly for their brethren who have ers. a living God always ascribe to Him? served in the field,’’ which is what we Anyway he goes on and says, ‘‘I have ‘‘Fondly do we hope, fervently do we just did on Veterans Day. These are lived, sir, a long time, and the longer I pray, that this mighty scourge of war Washington’s own words that he wrote live, the more convincing proofs I see may speedily pass away.’’ in his resignation at the end. ‘‘And fi- of this truth—that God governs in the nally, that he would most graciously affairs of men. And if a sparrow cannot b 2015 be pleased to dispose us all, to do jus- fall to the ground without his notice, is Lincoln continued: ‘‘Yet, if God wills tice, to love mercy, and to demean our- it probable that an empire can rise that it continue, until all the wealth selves with charity, humility and pa- without his aid? We have been assured, piled by the bondman’s two hundred cific temper of mind, which were the sir, in the sacred writing, that ‘except and fifty years of unrequited toil shall characteristics of the divine author of the Lord build the house, they labor in be sunk, and until every drop of blood our blessed religion, and without an vain that build it.’ drawn with the lash shall be paid by humble imitation of whose example in ‘‘Firmly believe this,’’ Benjamin another drawn with the sword, as was these things, we can never hope to be a Franklin said. He went on and said, ‘‘I said three thousand years ago, so still happy Nation.’’ also believe that without his concur- it must be said ‘the judgments of the And he signed, ‘‘I have the honor to ring aid we shall succeed in this polit- Lord are true and righteous alto- be with great respect and esteem Your ical building no better than the Build- gether.’ Excellency’s most obedient and very ers of Babel. We shall be divided by our ‘‘With malice toward none, with humble servant, George Washington.’’ little partial local interest; our charity for all, with firmness in the That was our first President, our projects will be confounded, and we right as God gives us to see the right, first Commander in Chief. Those were ourselves shall become a reproach and let us strive on to finish the work we his words. That is what he thought. He bye word down to future ages. I there- are in, to bind up the Nation’s wounds,

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27883 to care for him who shall have borne Of course, Washington said, ‘‘Govern- But some may not know bankruptcy the battle and for his widow and his or- ment is not reason. It is not eloquence. judges have to stand for reappoint- phan, to do all which may achieve and It is force. Like fire, it is a dangerous ment, and many bankruptcy judges cherish a just and lasting peace among servant and a fearful master.’’ hope that they will invoke the favor of ourselves and with all nations.’’ Of course, Abraham Lincoln went on a President who will elevate them to a ‘‘To bind up the Nation’s wounds’’? to say, ‘‘We have been the recipients of Federal district bench for life rather Does anyone think that we do that by the choicest bounties of heaven.’’ Lin- than on the bankruptcy court. And bringing terrorists back to instill more coln went on and he said, ‘‘We have that has happened before many, many terror in an area where the wounds grown in numbers, wealth, and power times. have not yet been bound up and have as no other nation.’’ Lincoln finished But Congress stood mute and let the not yet healed? It’s a terrible mistake his comment by saying, ‘‘But we have Constitution be turned upside down, let being made. A terrible mistake being forgotten God.’’ the laws that this body passed be We are creating self-inflicted wounds made. And it may gain some knowing turned upside down. So then the last and it’s time to stop. And hopefully we nods and smiles at some international hope of all the checks and balances put will have enough people on both sides cocktail party where members of this in place by our Founders was the Su- of the aisle who will sign on to this bi- administration may go and say, see, we preme Court. And Justice Ruth Bader partisan bill. I’m hoping it will be very brought terrorists back to New York Ginsberg, to her credit, put a 24-hour bipartisan because Congress, as I have City, back to the most densely popu- hold on that fiasco, that abomination already read, has the obligation to set lated area. We inflicted upon ourselves under the laws of the United States up all the courts inferior to the Su- even more terror. Aren’t we wonderful? and the Constitution. But she withdrew preme Court to set out their jurisdic- Self-flagellation, aren’t we great? We it, or it died at the end of the 24 hours, beat ourselves up. Don’t you love us? tion, set out their venue in the collec- and all checks and balances on power We’ve seen there is no appreciation tive wisdom of this place. were avoided, and we did exactly what in the world when the United States And if we have a Chief Executive hurts itself either by spending too who’s not aware of the coming damage the Founders hoped would never hap- much money or by opening its doors to and destruction that may occur by pen: we ignored the power of all the dif- terrorists who want to destroy our way bringing people to the most densely ferent branches so that one unelected, of life and we do nothing about it until populated area in the country in which unappointed group could just run it’s too late. to try them and have their friends try things as they wanted. We’re dealing with the PATRIOT to destroy the trial itself, then it is the We can’t let that type of action hap- Act. And I’ve had severe concerns duty of this body to step up and say, pen again here. We created the mili- about the national security letters you know, hey, under the Constitution tary commissions in this Congress when we found out that they were this is our job. We’re supposed to cre- under our authority of the Constitu- being abused under Director Mueller’s ate the courts so you know where to tion. It is our obligation as a Congress watchful eye. But it needs to be reau- try them. And we’re going to eliminate to step in and protect the people of thorized. There needs to be greater the choice that you now have so that New York from the terrorism that will oversight than there was. There have you put them in the right place. That’s in all likelihood flow. And if you don’t been corrections made, but there are what should be done. That’s what we believe it, then go read the unclassified some protections in that act that have need to pass. That’s what the Congress pleading filed by Khalid Sheikh Mo- afforded us the ability to stay without was supposed to do according to the hammed. If you don’t believe that they a major terrorist attack for 8 years. Constitution. mean harm, then you can check out This is no time to open ourselves up to But we have already seen this year the accounts of what goes on at Guan- additional terror by bringing terrorists when Congress punted and when the tanamo. on our soil, potentially allowing them Supreme Court punted. And so What we have seen, found out in trips to go free on our soil, potentially al- unelected, unconfirmed people meeting to Guantanamo Bay, shows that these lowing them to go free anywhere. in secret as part of the White House de- guys are being treated better than pris- They declared war. The tradition and cided what businesses would fall in the oners I’ve ever seen in State or Federal the history of mankind is when you are auto business, what would gain. They prison in Texas and in other Federal from a group that declares war on an- destroyed all the years of bankruptcy prisons in the country, maximum secu- other people, another country, and law, all the incredible wisdom that rity prisons, that is. They’re fed well. you’re captured, you remain captured. came together in the bankruptcy law, They get several hours a day outside. You remain a prisoner until such time and turned it upside down. They are given movie hours to watch as your friends cease the war. And Secured creditors were treated like movies. dirt. Unsecured creditors were cata- there is no intent to cease the war on In fact, one of the biggest problems behalf of the terrorists, as we have pulted, because it involved unions, to at Guantanamo is not for the prisoners seen. the top. Turned the law upside down. but comes from the prisoners. They are There are those who think that this Well, that shouldn’t have been al- administration is trying to create a lowed to stand. The Founders wanted so brilliant and innovative, they figure situation where there is more damage us to step up and utilize the power that out ways to throw urine and feces on and destruction financially, perhaps, they gave this body. So you had dealer- our guards. But the standing order at through terrorists so they have to de- ships, and in some places they had bor- Guantanamo, as told by the com- clare martial law and take over. I don’t rowed millions of dollars to buy the mander to me, the standing order is believe that for a moment. I just think dealership, and all of a sudden some whoever has urine or feces thrown on there is a terrible lapse in judgment people that didn’t even own cars were them from one of the inmates may go that may allow those things to happen. saying, you know what, close their and shower and change and take the But you go back to Thomas Jeffer- dealership, maybe even give it to some- rest of the day off. But to my knowl- son. He said, ‘‘The natural progress of body down the road. And those people edge, nobody has taken the rest of the things is for liberty to yield and gov- were left owing their banks the money day off. They go shower, clean up, and ernment to gain ground.’’ You had they borrowed because some unelected, then they come back to duty. John Adams, who said, ‘‘Property must unconfirmed bureaucrat said this is the I was told that there was one service- be secured or liberty cannot exist.’’ way we’re going to do it. Oh, yes, well, member who, from having feces thrown We helped secure property when we of course, they did have to run into a on him, actually lost his temper and kept the terrorists who want to destroy lazy bankruptcy court’s judge. Maybe yelled at the inmate, and for that he our way of life off of American soil he’s not lazy; maybe he’s just ambi- received an article 15 punishment for over in the Middle East and then in the tious, who would sign off on that and losing his temper after he had body ex- last 2 or 3 years at Guantanamo Bay. give it the color of law. crement thrown on him.

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27884 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 When I have tried to find out if there 3:15 p.m. today on account of official S. 748. An act to redesignate the facility of wasn’t some way to punish the pris- business. the United States Postal Service located at 2777 Logan Avenue in San Diego, California, oners who commit those types of as- f saults on our guards, I’m told that be- as the ‘‘Cesar E. Chavez Post Office’’. SPECIAL ORDERS GRANTED S. 1211. To designate the facility of the cause there are so many international United States Postal Service located at 60 visitors, including Red Cross or what- By unanimous consent, permission to School Street, Orchard Park, New York, as ever groups, come, Amnesty Inter- address the House, following the legis- the ‘‘Jack F. Kemp Post Office Building’’. national, the groups that come, they lative program and any special orders S. 1314. An act to designate the facility of come often enough that the people at heretofore entered, was granted to: the United States Postal Service located at (The following Members (at the re- 630 Northeast Killingsworth Avenue in Port- Guantanamo did not want for these land, Oregon, as the ‘‘Dr. Martin Luther quest of Ms. WOOLSEY) to revise and ex- groups to come and find they put some- King, Jr. Post Office’’. body in solitary confinement, despite tend their remarks and include extra- S. 1825. An act to extend the authority for the physical assaults. So there is no neous material:) relocation expenses test programs for Fed- real punishment that is inflicted upon Ms. WOOLSEY, for 5 minutes, today. eral employees, and for other purposes. inmates that commit assaults on Mr. DAVIS of Illinois, for 5 minutes, f today. guards. ADJOURNMENT But, in fact, they may take a couple Mr. DEFAZIO, for 5 minutes, today. of their 4 hours of movie watching Ms. KAPTUR, for 5 minutes, today. Mr. GOHMERT. Mr. Speaker, I move away; and if it’s a bad enough assault f that the House do now adjourn. The motion was agreed to; accord- on one of our guards, they may take ENROLLED BILLS SIGNED away some of their time outside, which ingly (at 8 o’clock and 32 minutes Lorraine C. Miller, Clerk of the p.m.), the House adjourned until to- the inmates enjoy, of course, very House, reported and found truly en- much, and they get more of than most morrow, Wednesday, November 18, 2009, rolled bills of the House of the fol- at 10 a.m. any prison that I’ve been to, maximum lowing titles, which were thereupon security prison. f signed by the Speaker: b 2030 H.R. 955. An act to designate the facility of EXECUTIVE COMMUNICATIONS, ETC. A maximum security prison, that is the United States Postal Service located at what we are dealing with in Guanta- 10355 Northeast Valley Road in Rollingbay, Under clause 2 of Rule XXIV, execu- namo. People are well taken care of. Washington, as the ‘‘John ‘Bud’ Hawk Post tive communications were taken from Office.’’ the Speaker’s table and referred as fol- But they are dangerous, and they want H.R. 1516. An act to designate the facility to destroy our way of life. And until of the United States Postal Service located lows: their buddies declare that the war is at 37926 Church Street in Dade City, Florida, 4659. A letter from the Congressional Re- over, we ought to continue to maintain as the ‘‘Sergeant Marcus Mathes Post Of- view Coordinator, Department of Agri- them and keep them locked up away fice’’. culture, transmitting the Department’s final rule — Importation of Tomatoes From from American soil. And if the admin- H.R. 1713. An act to name the South Cen- tral Agricultural Research Laboratory of the Souss-Massa-Draa, Morocco [Docket No.: istration is absolutely intent on trying Department of Agriculture in Lane, Okla- APHIS-2008-0017] (RIN: 0579-AC77) received them before their buddies cease this homa, and the facility of the United States November 6, 2009, pursuant to 5 U.S.C. war upon America, then it ought to be Postal Service located at 310 North Perry 801(a)(1)(A); to the Committee on Agri- before a military commission, as Con- Street in Bennington, Oklahoma, in honor of culture. gress created in 2006 and has been former Congressman Wesley ‘‘Wes’’ Watkins. 4660. A letter from the Director, Regu- latory Management Division, Environmental amended even this year at the request H.R. 2004. An act to designate the facility of the United States Postal Service located Protection Agency, transmitting the Agen- of this administration. cy’s final rule — Ulocladium oudemansii (U3 So that’s why I’m going to be filing a at 4282 Beach Street in Akron, Michigan, as the ‘‘Akron Veterans Memorial Post Office’’. Strain); Exemption from the Requirement of bill and asking, Mr. Speaker, col- H.R. 2215. An act to designate the facility a Tolerance [EPA-HQ-OPP-2008-0760; FRL- leagues on both sides of the aisle to of the United States Postal Service located 8436-6] received October 29, 2009, pursuant to please join in. Let’s protect the fami- at 140 Merriman Road in Garden City, Michi- 5 U.S.C. 801(a)(1)(A); to the Committee on lies of victims of 9/11 in New York from gan, as the ‘‘John J. Shivnen Post Office Agriculture. having to endure this insufferable blow Building’’. 4661. A letter from the Director, Regu- H.R. 2760. An act to designate the facility latory Management Division, Environmental of having smirking, happy terrorists Protection Agency, transmitting the Agen- come to New York and gloat over this of the United States Postal Service located at 1615 North Wilcox Avenue in Los Angeles, cy’s final rule — Certain Polyurethane Poly- destruction and death they caused California, as the ‘‘Johnny Grant Hollywood mer; Tolerance Exemption [EPA-HQ-OPP- there. They do not deserve to gloat Post Office Building’’. 2009-0478; FRL-8796-3] received November 2, over the deaths and destruction they H.R. 2972. An act to designate the facility 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the brought to New York City. They do not of the United States Postal Service located Committee on Agriculture. 4662. A letter from the Director, Regu- deserve to gloat over the destruction at 115 West Edward Street in Erath, Lou- isiana, as the ‘‘Conrad DeRouen, Jr. Post Of- latory Management Division, Environmental and death in Washington, D.C. Protection Agency, transmitting the Agen- They deserve to be kept confined for fice’’. H.R. 3119. An act to designate the facility cy’s final rule — Methamidophos; Tolerance the rest of their natural lives, but at of the United States Postal Service located Actions [EPA-HQ-OPP-2007-0261; FRL-8796-1] least until their buddies say they are at 867 Stockton Street in San Francisco, received November 2, 2009, pursuant to 5 no longer at war, and they all give up, California as the ‘‘Lim Poon Lee Post Of- U.S.C. 801(a)(1)(A); to the Committee on Ag- and then we can pound our swords into fice’’. riculture. 4663. A letter from the Director, Regu- plowshares. Until that time, this body H.R. 3386. An act to designate the facility of the United States Postal Service located latory Management Division, Environmental owes a duty to American citizens to Protection Agency, transmitting the Agen- protect it, to see that the administra- at 1165 2d Avenue in Des Moines, Iowa, as the ‘‘Iraq and Afghanistan Veterans Memorial cy’s final rule — Pesticide Inert Ingredients; tion doesn’t subject it to unnecessary Post Office’’. Revocation of Tolerance Exemption for harm. H.R. 3547. An act to designate the facility Sperm Oil [EPA-HQ-OPP-2007-1125; FRL-8350- So with that, Mr. Speaker, I will of the United States Postal Service located 6] received November 2, 2009, pursuant to 5 yield back the balance of my time. at 936 South 250 East in Provo, Utah, as the U.S.C. 801(a)(1)(A); to the Committee on Ag- ‘‘Rex E. Lee Post Office Building’’. riculture. f 4664. A letter from the Director, Defense LEAVE OF ABSENCE f Procurement and Acquisition Policy, De- SENATE ENROLLED BILLS SIGNED partment of Defense, transmitting the De- By unanimous consent, leave of ab- partment’s final rule — Defense Federal Ac- sence was granted to: The Speaker announced her signa- quisition Regulation Supplement; Competi- Mr. YOUNG of Florida (at the request ture to enrolled bills of the Senate of tion Requirements for Purchases from Fed- of Mr. BOEHNER) for from 2 p.m. until the following titles: eral Prison Industries (DFARS Case 2008-

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 27885 D015) (RIN: 0750-AG03) received November 2, 4674. A letter from the Program Manager, 4683. A letter from the Under Secretary of 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Health and Human Services, Defense, Department of Defense, transmit- Committee on Armed Services. transmitting the Department’s final rule — ting notice that the Department’s Fiscal 4665. A letter from the Director, Defense HIPAA Administrative Simplifiction: En- Year 2009 Agency Financial Report will be Procurement and Acquisition Policy, De- forcement (RIN: 0991-AB55) received Novem- published electronically; to the Committee partment of Defense, transmitting the De- ber 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); on Oversight and Government Reform. partment’s final rule — Defense Federal Ac- to the Committee on Energy and Commerce. 4684. A letter from the Management Ana- quisition Regulation Supplement; Steel for 4675. A letter from the Secretary, Depart- lyst, Regulatory Products Division, Depart- Military Construction Projects (DEFARS ment of Health and Human Services, trans- ment of Homeland Security, transmitting Case 2008-D038) (RIN: 0750-AG16) received No- mitting a report entitled ‘‘FDA Amendments the Department’s final rule — Common- vember 2, 2009, pursuant to 5 U.S.C. Act of 2007 Section 904: Communicating to wealth of the Northern Mariana Islands 801(a)(1)(A); to the Committee on Armed the Public on the Risks and Benefits of New Transitional Worker Classification [CIS No. Services. Drugs’’; to the Committee on Energy and 2459-08; DHS Docket No. USCIS-2008-0038] 4666. A letter from the Director, Defense Commerce. (RIN: 1615-AB76) received October 29, 2009, Procurement and Acquisition Policy, De- 4676. A letter from the Director, Regu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Defense, transmitting the De- latory Management Division, Environmental mittee on the Judiciary. partment’s final rule — Defense Federal Ac- Protection Agency, transmitting the Agen- 4685. A letter from the Management Ana- quisition Regulation Supplement; Senior cy’s final rule — Approval and Promulgation lyst, Regulatory Products Division, Depart- DoD Officials Seeking Employment with De- of Air Quality Implementation Plans; Mary- ment of Homeland Security, transmitting fense Contractors (DFARS Case 2008-D007) land; Clean Air Interstate Rule [EPA-R03- the Department’s final rule — Application of (RIN: 0750-AG07) received November 4, 2009, OAR-2009-0034; FRL-8975-2] received October Immigration Regulations to the Common- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 29, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to wealth of the Northern Mariana Islands mittee on Armed Services. the Committee on Energy and Commerce. [EOIR Docket No.: 169 AG Order No. 3120- 4667. A letter from the Director, Defense 4677. A letter from the Director, Regu- 2009] (RIN: 1125-AA67) received November 2, Procurment and Acquisition Policy, Depart- latory Management Division, Environmental 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Defense, transmitting the Depart- Protection Agency, transmitting the Agen- Committee on the Judiciary. ment’s final rule — Defense Federal Acquisi- cy’s final rule — Approval and Promulgation 4686. A letter from the Clerk of the House tion Regulation Supplement; Pilot Program of Implementation Plans; Corrections to the of Representatives, transmitting annual for Transition to Follow-On Contraction Arizona and Nevada State Implementation compilation of financial disclosure state- After Use of Other Transaction Authority Plans [EPA-R09-OAR-2009-0435; FRL-8976-3] ments of the members of the board of the Of- (DFARS Case 2008-D030) (RIN: 0750-AG17) re- received October 29, 2009, pursuant to 5 fice of Congressional Ethics, pursuant to ceived November 4, 2009, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on En- Rule XXVI, clause 3, of the House Rules; (H. 801(a)(1)(A); to the Committee on Armed ergy and Commerce. Doc. No. 111—76); to the Committee on Services. 4678. A letter from the Director, Regu- Standards of Official Conduct and ordered to 4668. A letter from the Deputy Secretary of latory Management Division, Environmental be printed. Defense, Department of Defense, transmit- Protection Agency, transmitting the Agen- 4687. A letter from the Cheif, Publications ting authorization of 19 officers to wear the cy’s final rule — Revisions to the California and Regulations Branch, Department of authorized insignia of the grade of brigadier State Implementation Plan, California Air Treasury, transmitting the Department’s general, pursuant to 10 U.S.C. 777; to the Resources Board Consumer Products Regula- final rule — LMSB Division Director Memo- Committee on Armed Services. randum — Industry Director Directive IDD 4669. A letter from the Chief Counsel, De- tions [EPA-R09-OAR-2009-00353; FRL-8979-9] U.S. Outer Continental Shelf Activity partment of Homeland Security, transmit- received October 29, 2009, pursuant to 5 [LMSB-4-0909-037] received November 3, 2009, ting the Department’s final rule — Suspen- U.S.C. 801(a)(1)(A); to the Committee on En- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion of Community Eligibility [Docket ID: ergy and Commerce. mittee on Ways and Means. FEMA-2008-0020; Internal Agency Docket No. 4679. A letter from the Director, Regu- FEMA-8097] received October 29, 2009, pursu- latory Management Division, Environmental f Protection Agency, transmitting the Agen- ant to 5 U.S.C. 801(a)(1)(A); to the Committee REPORTS OF COMMITTEES ON on Financial Services. cy’s final rule — Revisions to the California 4670. A letter from the Chairman and Presi- State Implementation Plan, Northern Sierra PUBLIC BILLS AND RESOLUTIONS dent, Export-Import Bank, transmitting a Air Quality Management District and San Under clause 2 of rule XIII, reports of report on transactions involving U.S. exports Joaquin Valley Unified Air Pollution Control committees were delivered to the Clerk to Dominican Republic pursuant to Section District [EPA-R09-OAR-2009-0371; FRL-8970-6] received October 29, 2009, pursuant to 5 for printing and reference to the proper 2(b)(3) of the Export-Import Bank Act of 1945, calendar, as follows: as amended; to the Committee on Financial U.S.C. 801(a)(1)(A); to the Committee on En- Services. ergy and Commerce. Mr. CARDOZA: Committee on Rules. 4671. A letter from the Secretary, Depart- 4680. A letter from the Director, Regu- House Resolution 908. A resolution providing ment of Education, transmitting the Depart- latory Management Division, Environmental for consideration of the bill (H.R. 2781) to ment’s final rule — American Recovery and Protection Agency, transmitting the Agen- amend the Wild and Scenic Rivers Act to Reinvestment Act of 2009 (ARRA); Title 1, cy’s final rule — Lead; Amendment to the designate segments of the Molalla River in Part A of the Elementary and Secondary Opt-out and Recordkeeping Provisions in the Oregon, as components of the National Wild Education Act of 1965, as Amended (ESEA); Renovation, Repair, and Painting Program and Scenic Rivers System, and for other pur- Part B, Section 611 of the Individuals With [EPA-HQ-OPPT-2005-0049; FRL-8795-9] (RIN: poses (Rept. 111–339). Referred to the House Disabilities Education Act (IDEA) [Docket 2070-AJ55) received October 29, 2009, pursuant Calendar. ID: ED-2009-OESE-0011] (RIN: 1819-AB05) re- to 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. PINGREE of Maine: Committee on ceived November 6, 2009, pursuant to 5 U.S.C. Energy and Commerce. Rules. House Resolution 909. A resolution 801(a)(1)(A); to the Committee on Education 4681. A letter from the Director, Regu- providing for consideration of the bill (H.R. and Labor. latory Management Division, Environmental 3791) to amend sections 33 and 34 of the Fed- 4672. A letter from the Secretary, Depart- Protection Agency, transmitting the Agen- eral Fire Prevention and Control Act of 1974, ment of Education, transmitting the Depart- cy’s final rule — National Priorities List, and for other purposes (Rept. 111–340). Re- ment’s final ‘‘Major’’ rule — General and Final Rule No. 48 [EPA-HQ-SFUND-2009-0062, ferred to the House Calendar. Non-Loan Programmatic Issues [Docket ID: EPA-HQ-SFUND-2009-0066, EPA-HQ-SFUND- f ED-2009-OPE-0005] (RIN: 1840-AC99) received 2008-0584; FRL-8977-5] (RIN: 2050-AD75) re- November 6, 2009, pursuant to 5 U.S.C. ceived November 2, 2009, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Education 801(a)(1)(A); to the Committee on Energy and Under clause 2 of rule XII, public and Labor. Commerce. bills and resolutions of the following 4673. A letter from the Assistant General 4682. A letter from the Secretary of the Counsel for Legislation, Regulation and En- Commission, Federal Trade Commission, titles were introduced and severally re- ergy Efficiency, Department of Energy, transmitting the Commission’s final rule — ferred, as follows: transmitting the Department’s final rule — Fair Credit Reporting Affiliate Marketing By Mr. DENT: Energy Conservation Program: Test Proce- Regulations; Identity Theft Red Flags and H.R. 4083. A bill to suspend temporarily the dures for Fluorescent Lamp Ballasts (Stand- Address Discrepancies Under the Fair and duty on polyoxethylene-/alkyletherphos- by Mode) [Docket No.: EERE-2008-BT-TP- Accurate Credit Transactions Act of 2003 phate; to the Committee on Ways and Means. 0007] (RIN: 1904-AB77) received November 2, (RIN: 3084-AA94) received November 6, 2009, By Mr. DENT: 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4084. A bill to suspend temporarily the Committee on Energy and Commerce. mittee on Foreign Affairs. duty on alkylated amino resin solution,

VerDate Mar 15 2010 15:36 May 25, 2012 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR09\H17NO9.002 H17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27886 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 20 November 17, 2009 formaldehyde; to the Committee on Ways H.R. 4090. A bill to amend the Internal Rev- H.R. 4097. A bill to prohibit the use of funds and Means. enue Code of 1986 to modify the rate of the to transfer individuals detained by the By Mr. THOMPSON of California (for excise tax on investment income of private United States at Naval Station, Guantanamo himself, Mr. DOGGETT, Mr. CAMP, Mr. foundations, and for other purposes; to the Bay, Cuba, to Thomson Correctional Center, TIBERI, Mrs. BONO MACK, Ms. ESHOO, Committee on Ways and Means. Thomson, Illinois; to the Committee on Mr. HONDA, Ms. GIFFORDS, Mr. By Mr. DELAHUNT (for himself, Mr. Armed Services. MCCAUL, Mr. SMITH of Texas, Mr. GOHMERT, Mr. JOHNSON of Georgia, By Mr. TOWNS: MEEKS of New York, Mr. CARTER, Ms. Mr. FRANKS of Arizona, Mr. MORAN of H.R. 4098. A bill to require the Director of LINDA T. SA´ NCHEZ of California, Mr. Virginia, Mr. CAO, Mr. HASTINGS of the Office of Management and Budget to SCHAUER, and Ms. ZOE LOFGREN of Florida, Mr. MCCAUL, Mrs. DAVIS of issue guidance on the use of peer-to-peer file California): California, Mr. SCHIFF, Mr. DANIEL E. sharing software to prohibit the personal use H.R. 4085. A bill to amend the Internal Rev- LUNGREN of California, Mr. PIERLUISI, of such software by Government employees, enue Code of 1986 to allow an investment Ms. BALDWIN, Mr. DAVIS of Alabama, and for other purposes; to the Committee on credit for property used to fabricate solar en- and Mr. FRANK of Massachusetts): Oversight and Government Reform. ergy property, and for other purposes; to the H.R. 4091. A bill to amend titles 18 and 28 By Mr. MACK (for himself and Mr. Committee on Ways and Means, and in addi- of the United States Code to provide incen- TOWNS): tion to the Committee on Energy and Com- tives for the prompt payments of debts owed H. Con. Res. 213. Concurrent resolution ex- merce, for a period to be subsequently deter- to the United States and the victims of pressing the sense of Congress for and soli- mined by the Speaker, in each case for con- crime by imposing late fees on unpaid judg- darity with the people of El Salvador as they sideration of such provisions as fall within ments owed to the United States and to the persevere through the aftermath of tor- the jurisdiction of the committee concerned. victims of crime, to provide for offsets on rential rains which caused devastating flood- By Mr. KIRK: amounts collected by the Department of Jus- ing and deadly mudslides; to the Committee H.R. 4086. A bill to require that certain tice for Federal agencies, to increase the on Foreign Affairs. conditions be met before the transfer of an amount of special assessments imposed upon By Ms. WATERS (for herself, Mr. individual detained at Naval Station, Guan- convicted persons, to establish an Enhanced WOLF, Ms. BORDALLO, Mrs. tanamo Bay, Cuba; to the Committee on Financial Recovery Fund to enhance, supple- CHRISTENSEN, Ms. ROS-LEHTINEN, Ms. Armed Services. ment, and improve the debt collection ac- CORRINE BROWN of Florida, Ms. RICH- By Mr. NUNES (for himself, Mr. CON- tivities of the Department of Justice, to ARDSON, Mr. LEWIS of Georgia, and AWAY, and Mr. REHBERG): amend title 5, United States Code, to provide Ms. DELAURO): H.R. 4087. A bill to extend temporarily the to assistant United States attorneys the H. Res. 910. A resolution supporting the suspension of duty on nylon woolpacks used goals and ideals of National Alzheimer’s Dis- to package wool; to the Committee on Ways same retirement benefits as are afforded to ease Awareness Month and National Memory and Means. Federal law enforcement officers, and for Screening Day, including the development of By Mr. CARTER (for himself, Mr. other purposes; to the Committee on the Ju- diciary, and in addition to the Committee on a national health policy on dementia screen- PETRI, Mr. CONNOLLY of Virginia, Mr. Oversight and Government Reform, for a pe- ing and care; to the Committee on Energy RUPPERSBERGER, Mr. HUNTER, Mr. riod to be subsequently determined by the and Commerce. ROE of Tennessee, Ms. MCCOLLUM, Speaker, in each case for consideration of Mr. RYAN of Wisconsin, Mr. COLE, Ms. f such provisions as fall within the jurisdic- BALDWIN, Mr. KIND, Mr. DOYLE, Mrs. tion of the committee concerned. MEMORIALS BIGGERT, Ms. FALLIN, Mr. DONNELLY By Ms. DELAURO: of Indiana, Mr. HOLDEN, Mr. ELLISON, Under clause 4 of rule XXII, H.R. 4092. A bill to allow Americans to re- Mr. CONAWAY, Ms. ROS-LEHTINEN, Mr. 220. The SPEAKER presented a memorial ceive paid sick time so that they can address OLSON, Mrs. LUMMIS, Mr. PIERLUISI, of the House of Representatives of the State their own health needs, and the health needs Mrs. BLACKBURN, Ms. CHU, Mr. of Tennessee, relative to House Joint Resolu- of their families, related to a contagious ill- EDWARDS of Texas, Mr. MCCAUL, Ms. tion No. 546 urging the Department of ness; to the Committee on Education and NORTON, Ms. GRANGER, Mr. THORN- Veterns Affairs to Accept Rhea County’s pro- Labor, and in addition to the Committees on BERRY, Mrs. MCMORRIS RODGERS, Mr. posed donation of its old hospital building, House Administration, and Oversight and NEUGEBAUER, Mr. FRANKS of Arizona, facilities, and campus to the VA; to the Com- Government Reform, for a period to be sub- Mr. BRADY of Texas, Mr. SMITH of mittee on Veterans’ Affairs. sequently determined by the Speaker, in Texas, Mr. DAVIS of Tennessee, Mr. each case for consideration of such provi- f KING of New York, Mr. WESTMORE- sions as fall within the jurisdiction of the LAND, Mr. WAMP, Mr. BROUN of Geor- ADDITIONAL SPONSORS committee concerned. gia, Mr. AL GREEN of Texas, Mr. CAN- By Mr. MANZULLO: Under clause 7 of rule XII, sponsors TOR, Mr. PRICE of Georgia, Mr. LAM- H.R. 4093. A bill to authorize the Director were added to public bills and resolu- BORN, Mr. HENSARLING, Mr. GOHMERT, of the Bureau of Prisons to purchase the Mr. KING of Iowa, and Mr. DAVIS of tions as follows: Kentucky): Thomson Correctional Center in Thomson, H.R. 205: Mrs. BONO MACK. H.R. 4088. A bill to ensure that the mem- Illinois, and for other purposes; to the Com- H.R. 211: Mr. TIERNEY and Ms. NORTON. bers of the Armed Forces and civilian em- mittee on the Judiciary. H.R. 333: Mr. GRAYSON. ployees of the Department of Defense who By Mr. MELANCON: H.R. 483: Ms. PINGREE of Maine. were killed or wounded in the shootings at H.R. 4094. A bill to prohibit insurers from H.R. 510: Mr. SCHOCK. Fort Hood are treated in the same manner as canceling or refusing to renew homeowners H.R. 537: Mr. JACKSON of Illinois, Mr. RAN- members who are killed or wounded in com- insurance policies because of the presence of GEL, Mr. TIM MURPHY of Pennsylvania, and bat zones or civilian employees who are certain types of drywall in the home; to the Mr. DUNCAN. killed or wounded in a terrorist attack or Committee on Financial Services. H.R. 571: Mr. NEUGEBAUER, Mr. FLEMING, while serving with the Armed Forces in a By Mr. MOORE of Kansas (for himself, and Mrs. MALONEY. contingency operation; to the Committee on Mr. TIAHRT, Mr. MORAN of Kansas, H.R. 574: Mr. FORTENBERRY. Armed Services, and in addition to the Com- and Ms. JENKINS): H.R. 616: Mr. LIPINSKI and Mr. HEINRICH. mittees on Ways and Means, Oversight and H.R. 4095. A bill to designate the facility of H.R. 648: Mr. BOSWELL. Government Reform, and Veterans’ Affairs, the United States Postal Service located at H.R. 690: Mr. BARTON of Texas. for a period to be subsequently determined 9727 Antioch Road in Overland Park, Kansas, H.R. 808: Mr. GRAYSON. by the Speaker, in each case for consider- as the ‘‘Congresswoman Jan Meyers Post Of- H.R. 855: Mr. GRIFFITH. ation of such provisions as fall within the ju- fice Building’’; to the Committee on Over- H.R. 868: Mr. BISHOP of New York and Mr. risdiction of the committee concerned. sight and Government Reform. VAN HOLLEN. By Mr. COSTA (for himself, Ms. KAP- By Mr. PERRIELLO: H.R. 948: Mr. MARSHALL. TUR, Mr. MOORE of Kansas, Ms. H.R. 4096. A bill to amend the Public H.R. 988: Mr. GERLACH and Mr. DAVIS of HIRONO, Mr. ABERCROMBIE, Mr. Health Service Act to extend the deadlines Tennessee. MCNERNEY, Mr. RYAN of Ohio, Mr. applicable to filing petitions for compensa- H.R. 1177: Mr. CLEAVER and Mr. WESTMORE- TERRY, and Ms. SUTTON): tion under the National Vaccine Injury Com- LAND. H.R. 4089. A bill to create and extend cer- pensation Program; to the Committee on En- H.R. 1308: Ms. BALDWIN. tain temporary district court judgeships; to ergy and Commerce. H.R. 1347: Mr. CONYERS and Mr. PAYNE. the Committee on the Judiciary. By Mr. SCHOCK (for himself, Mr. KIRK, H.R. 1362: Mr. CALVERT, Mr. STARK, and Mr. By Mr. DAVIS of Illinois (for himself, Mr. SHIMKUS, Mr. JOHNSON of Illinois, MASSA. Mr. LEWIS of Georgia, and Mr. Mrs. BIGGERT, Mr. ROSKAM, and Mr. H.R. 1378: Mr. KAGEN, Mr. YARMUTH, Mr. TIBERI): MANZULLO): WELCH, Mr. GUTHRIE, and Mr. HELLER

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H.R. 1412: Ms. SCHAKOWSKY. H.R. 2829: Mr. RANGEL. H. Con. Res. 40: Mr. CALVERT. H.R. 1423: Mr. NADLER of New York and H.R. 2840: Mr. HEINRICH. H. Con. Res. 160: Mrs. BLACKBURN, Mr. Mrs. MCCARTHY of New York. H.R. 2849: Mr. ROTHMAN of New Jersey and BRALEY of Iowa, and Mr. CAMPBELL. H.R. 1479: Ms. RICHARDSON. Mr. PASCRELL. H. Con. Res. 203: Mr. BUTTERFIELD and Ms. H.R. 1520: Mrs. LUMMIS. H.R. 2887: Mr. PAUL. FOXX. H.R. 1522: Mr. HILL. H.R. 3017: Mr. BOCCIERI. H. Res. 200: Mr. POE of Texas. H.R. 1557: Ms. KOSMAS, Mrs. BACHMANN, and H.R. 3020: Mr. MURPHY of New York, Mr. H. Res. 267: Mr. CULBERSON. Mr. FATTAH. MASSA, and Mr. SCHAUER. H. Res. 510: Mr. KIRK, Mrs. HALVORSON, and H.R. 1616: Mr. BAIRD. H.R. 3053: Mr. RANGEL. Ms. SCHAKOWSKY. H.R. 1707: Mr. SCHOCK. H.R. 3077: Mr. WU. H. Res. 771: Mr. ALTMIRE. H.R. 1718: Mr. FORTENBERRY. H.R. 3147: Mr. RANGEL and Ms. KAPTUR. H. Res. 812: Mr. ADLER of New Jersey, Mr. H.R. 1784: Ms. KOSMAS. H.R. 3149: Ms. LORETTA SANCHEZ of Cali- PALLONE, and Mr. HOLT. H.R. 1826: Ms. SUTTON. fornia. H. Res. 840: Mr. WOLF. H.R. 1891: Mr. POSEY. H.R. 3251: Mr. MILLER of Florida. H. Res. 852: Mr. WESTMORELAND. H.R. 1974: Mr. MCCOTTER. H.R. 3259: Mr. BAIRD, Mr. EHLERS, Ms. H. Res. 860: Ms. SCHAKOWSKY, Mr. SHULER, H.R. 2068: Mr. MICHAUD. RICHARDSON, Mr. GRIJALVA, and Mrs. MCMOR- Ms. BERKLEY, Mr. WALZ, Mr. BLUMENAUER, H.R. 2103: Mr. SPRATT and Mr. BLU- RIS RODGERS. Mr. MINNICK, and Mr. MOORE of Kansas. MENAUER. H.R. 3339: Ms. BORDALLO. H. Res. 861: Mr. DICKS, Mr. BISHOP of New H.R. 2112: Mr. MCGOVERN, Mr. KILDEE, Mr. H.R. 3402: Mr. HODES. York, Mr. MCMAHON, Mr. ADLER of New Jer- OLVER, and Mr. TIERNEY. H.R. 3431: Mr. TIM MURPHY of Pennsyl- sey, Mr. BOCCIERI, Mr. LEE of New York, Mr. H.R. 2149: Mr. WILSON of Ohio. vania. CHAFFETZ, Mr. LANGEVIN, and Ms. KOSMAS. H.R. 2246: Mr. MASSA. H.R. 3468: Mr. CRENSHAW. H. Res. 870: Mr. FRELINGHUYSEN and Mr. H.R. 2279: Mr. FILNER and Ms. SLAUGHTER. H.R. 3471: Ms. SHEA-PORTER. BUYER. H.R. 2296: Mr. EDWARDS of Texas. H.R. 3511: Mr. SCOTT of Georgia. H. Res. 900: Mr. ACKERMAN, Mr. TONKO, Mr. H.R. 2298: Mr. CONYERS. H.R. 3553: Mr. HEINRICH. HALL of New York, Mr. TOWNS, Mr. ARCURI, H.R. 2324: Ms. CLARKE, Mr. ANDREWS, Mr. H.R. 3577: Mr. WALZ, Mr. CARNEY, Ms. Mr. HIGGINS, Mr. MEEKS of New York, Mr. CROWLEY, and Mr. PASCRELL. FUDGE, Mr. PLATTS, and Mr. BACA. HINCHEY, Mr. TAYLOR, Mr. ABERCROMBIE, Mr. H.R. 2360: Mr. CASTLE. H.R. 3613: Mr. JOHNSON of Illinois, Mr. SNYDER, Mr. SMITH of Washington, Ms. LO- H.R. 2408: Ms. CHU. SMITH of Texas, Ms. GRANGER, Mr. BACHUS, RETTA SANCHEZ of California, Mr. ANDREWS, H.R. 2452: Ms. RICHARDSON and Mr. KEN- and Mr. OLSON. Ms. HARMAN, Mr. CONNOLLY of Virginia, Mr. NEDY. H.R. 3627: Mr. MASSA, Mr. BOUCHER, and CROWLEY, Mr. WEINER, Mr. MURPHY of New H.R. 2480: Mr. KILDEE, Mr. BRADY of Penn- Mr. REHBERG. York, Mr. COURTNEY, Mr. LARSEN of Wash- sylvania, Ms. MCCOLLUM, Mr. COFFMAN of H.R. 3644: Mr. HOLT, Mr. PALLONE, Mr. HIN- ington, Mrs. DAVIS of California, Mr. LAN- Colorado, Mr. BISHOP of New York, and Mr. CHEY, Mrs. MILLER of Michigan, Mr. SAR- GEVIN, Mr. ROSS, Ms. ESHOO, Mr. HEINRICH, JACKSON of Illinois. BANES, Mr. INSLEE, and Mrs. NAPOLITANO. Mr. SESTAK, and Mr. LOEBSACK. H.R. 2523: Ms. RICHARDSON and Mr. CAL- H.R. 3646: Mr. DOYLE. VERT. H.R. 3657: Mr. WALZ and Ms. FUDGE. f H.R. 2570: Ms. CHU. H.R. 3664: Mr. ROTHMAN of New Jersey. H.R. 2573: Mr. HINCHEY, Mr. MCCOTTER, and H.R. 3799: Mr. MOORE of Kansas. Ms. TITUS. H.R. 3810: Mr. LIPINSKI. DELETIONS OF SPONSORS FROM H.R. 2598: Mr. SABLAN and Mr. HOLT. H.R. 3839: Mr. SHUSTER. PUBLIC BILLS AND RESOLUTIONS H.R. 2607: Mr. POE of Texas. H.R. 3844: Mr. BARROW. Under clause 7 of rule XII, sponsors H.R. 2611: Ms. CLARKE and Ms. RICHARDSON. H.R. 3852: Mrs. MALONEY, Mr. TONKO, and were deleted from public bills and reso- H.R. 2614: Mr. COHEN. Mr. HINCHEY. H.R. 2628: Mr. LUCAS. H.R. 3943: Mr. GERLACH, Ms. CLARKE, Mr. lutions as follows: H.R. 2690: Mr. AL GREEN of Texas. TAYLOR, Ms. FUDGE, Mr. DENT, Mrs. BIGGERT, H.R. 3904: Mr. HINOJOSA. H.R. 2698: Mr. THORNBERRY, Ms. BORDALLO, Mrs. MILLER of Michigan, Mr. UPTON, Mrs. Mr. COURTNEY, Mr. JOHNSON of Georgia, Mr. EMERSON, Mr. SCHOCK, Ms. GIFFORDS, Ms. f CHANDLER, Mr. CHILDERS, and Mr. HODES. CASTOR of Florida, Mr. TIBERI, and Mr. H.R. 2699: Ms. BORDALLO, Mr. COURTNEY, LANCE. PETITIONS, ETC. Mr. JOHNSON of Georgia, Mr. CHANDLER, Mr. H.R. 3966: Ms. WATSON. CHILDERS, and Mr. HODES. H.R. 3991: Mr. HINOJOSA and Mr. HOLT. Under clause 1 of rule XXII, H.R. 2730: Mr. JACKSON of Illinois. H.R. 4022: Mr. MEEK of Florida. 80. The SPEAKER presented a petition of H.R. 2766: Mr. ENGEL, Mr. SMITH of Wash- H.R. 4036: Ms. RICHARDSON, Mrs. City of Lauderdale Lakes, Florida, relative ington, and Mrs. NAPOLITANO. CHRISTENSEN, Mr. DAVIS of Illinois, and Mrs. to Resolution No. 09-98 urging the Congress H.R. 2788: Mr. CRENSHAW, Mr. MICHAUD, Mr. MALONEY. of the United States to extend the first-time FOSTER, and Mrs. DAHLKEMPER. H.R. 4047: Mr. MELANCON. home buyer a tax credit under the Housing H.R. 2799: Mr. MICA, Mr. CULBERSON, Mr. H.R. 4052: Mr. SENSENBRENNER. and Economic Recovery Act of 2008; which ARCURI, Mr. YOUNG of Alaska, Ms. NORTON, H.R. 4063: Ms. BORDALLO. was referred to the Committee on Ways and Mr. HERGER, and Mr. WALZ. H. Con. Res. 18: Mr. MCHENRY. Means.

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RECOGNIZING THE RETIREMENT Inc. has served as a model for similar pro- [From the Washington Post, Nov. 8, 2009.] OF PETTY OFFICER JOHN M. grams throughout the nation and across the LISTEN TO THE DISSIDENTS COOPER III world. (By Jim Hoagland) Madam Speaker, please join me in honoring Barack Obama’s extended hand was HON. TRAVIS W. CHILDERS and recognizing of Sister Donna L. Hawk, whacked across the knuckles by the leaders OF MISSISSIPPI whose faith in action, unwavering belief in the of Iran, Syria and assorted other thuggeries last week. But the Obama administration did IN THE HOUSE OF REPRESENTATIVES possibility of transformation, and staunch ad- vocacy has given strength and hope to count- manage a good demonstration in Burma of Tuesday, November 17, 2009 less women and children. how its brand of engagement can and should Mr. CHILDERS. Madam Speaker, I rise work. f Kurt Campbell, the State Department’s top today to honor Petty Officer John M. Cooper EARMARK DECLARATION Asia official, traveled to the isolated mili- III, United States Navy. Petty Officer Cooper tary dictatorship to talk with its corrupt III is retiring from the Navy after 20 years of junta. But Campbell also insisted on having service to our nation. HON. AARON SCHOCK a highly visible meeting with the leader of In 1990, Petty Officer Cooper III, enlisted in OF ILLINOIS the country’s democracy movement, Aung the United States Navy. In his career as Hull IN THE HOUSE OF REPRESENTATIVES San Suu Kyi, and then publicly called on her Technician, Petty Officer Cooper III was re- Tuesday, November 17, 2009 persecutors to grant her party more free- sponsible for helping to keep the fleet oper- doms. Mr. SCHOCK. Madam Speaker, in accord- This is the balance that has been missing ational and ensuring that the navy vessels are ance with the Republican adopted standards in Obama’s outreach to other authoritarian in good condition. on earmarks, I submit the below detailed ex- states. Demonstrators on the streets of During his time in the United States Navy, planation of the Biotechnology Research and Tehran underlined the president’s missing Petty Officer Cooper III traveled the world and Development Corporation in Peoria, Illinois. link Wednesday by chanting: ‘‘Obama, received many medals and ribbons for his Bill Number: H.R. 2997—FY 2010 Agri- Obama—either you’re with them or you’re with us,’’ as Iranian police beat them, ac- service. He was certified as a Quality Assur- culture, Rural Development, Food and Drug ance Officer, Safety Supervisor, and Gas Free cording to news accounts. Obama and his ad- Administration, and Related Agencies Appro- visers need to take the dissidents’ message Engineer. priations Act. Petty Officer Cooper III has dedicated years to heart. Provisions/Account: Agriculture Research The dissident—a hero and catalyst for of service to this nation, and for that, we thank Service—Salaries and Expenses. enormous change in the Soviet empire, him. I ask my colleagues to join me today in Name and Address of Requesting Entity: China, the Philippines and elsewhere only honoring Petty Officer John M. Cooper III on The entity to receive funding for this project is two decades ago—has become a largely ne- the occasion of his retirement from the United the Biotechnology Research and Development glected and absent figure in this administra- States Navy. Corporation at 1815 North University Street, tion’s diplomacy. Media coverage of political f protest globally also seems to have waned Peoria, Illinois 61604. since the end of the Cold War. IN HONOR AND RECOGNITION OF Description of Request: This funding will be True, Obama and Secretary of State Hil- SISTER DONNA L. HAWK used to find new market opportunities for com- lary Clinton have made symbolic gestures modity agricultural products, improve efficiency toward the politically oppressed on their of production, develop new methods of dis- travels and in pro forma statements. But, as HON. DENNIS J. KUCINICH ease control for both plant and animal com- the president’s coming visit to China will OF OHIO modities, and facilitate communication be- again show, dissident political movements IN THE HOUSE OF REPRESENTATIVES tween the government and academic sci- have not been incorporated into his strategy entists and American Industry. for changing the world. The president be- Tuesday, November 17, 2009 lieves so strongly in his powers of persuasion Mr. KUCINICH. Madam Speaker, I rise f that the transformative work once done by today in honor and recognition of Sister Donna LISTEN TO THE DISSIDENTS Lech Walesa, Alexander Solzhenitsyn, L. Hawk of Cleveland, Ohio, as she is named Corazon Aquino, Wei Jingsheng and others the West Side Catholic Center’s Walk in Faith now falls largely on his shoulders. Camp- HON. FRANK R. WOLF bell’s meeting with Suu Kyi provided a use- recipient of 2009. OF VIRGINIA ful corrective, for one country at least, to Throughout her life, Sister Donna Hawk has IN THE HOUSE OF REPRESENTATIVES this tendency. turned her faith into action, uplifting the lives George W. Bush proved that it is possible of those living on the streets. Sister Donna Tuesday, November 17, 2009 to overdo support for dissident movements has become a nationally-known leader by cre- Mr. WOLF. Madam Speaker, I would like to and the vilification of their tormentors, just ating and operating transitional housing for the share with our colleagues an editorial from the as his father demonstrated that it can be un- homeless, especially for women and their chil- November 8 Washington Post by columnist derdone (see Bush 41’s effort to keep the So- dren fleeing domestic violence. While working viet Union and Yugoslavia from disinte- Jim Hoagland. Hoagland’s piece is aptly titled grating). The Bush 43 administration, in for many years as a volunteer at the West ‘‘Listen to the Dissidents.’’ Hoagland points out fact, bears some of the responsibility for the Side Catholic Shelter, Sister Donna developed the limits of ‘‘engagement’’ as pursued by the eclipse of the dissident in the public mind. a special compassion for women, many of Obama administration—particularly engage- The focus of many journalists’ and political whom had young children, who sought refuge ment that relegates human rights issues to the activists has recently been on U.S. human from abusive situations. back-burner. rights abuses rather than those of much In 1986, without funding, Sister Donna It is tragic that, as Hoagland points out, ‘‘the more brutal foreign regimes. teamed with Sister Loretta Schulte to rally dissident—a hero and catalyst for enormous So Obama’s decision to reach out and en- community leaders and developers in order to change in the Soviet empire, China, the Phil- courage hostile regimes to relax their grip internally made initial tactical sense, espe- transform a motel on Cleveland’s west side ippines and elsewhere only two decades cially in Iran. The administration deserves into Transitional Housing, Inc.—a place of ago—has become a largely neglected and ab- some credit for the current political fluidity shelter and source of counseling and re- sent figure in this administration’s diplomacy.’’ there. Removing the United States as a sources for women and children in need. For I join the growing chorus of voices in urging heavy-handed, threatening enemy helped ex- more than twenty years, Transitional Housing, the President to listen to the dissidents. pose President Mahmoud Ahmadinejad’s

● 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.

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Ayatollah Ali Khamenei, the country’s highest authority, to farm, but on his own 800 acres of almonds, created to foster the country’s new liberal- used inflammatory language to denounce grapes, orchards and feed crops. minded elite, has received an unprecedented Obama and the U.S.-originated proposal on Fred and his family have always been in- $10 million in financial support. In the autumn uranium reprocessing given to Iran on Oct. 1 volved in the San Joaquin Valley agricultural of 2003, Mr. Nevzlin was forced to leave Rus- in Geneva. Even though U.S. officials industry in a variety of capacities over the sia, at which time he become a citizen of claimed at the time that Iran had ‘‘accept- years. He was quoted recently as saying, ‘‘I Israel and began to expand his efforts on be- ed’’ the proposal—which effectively drops the will always be in farming as long as I can, I half of the Jewish people. long-standing U.S. demand for Iran to sus- cannot get away from the dirt.’’ Machado con- Mr. Nevzlin’s private manner belies the fact pend its enrichment of uranium as a condi- tinued, ‘‘It’s been great for us. We’ve made a that he is one of the most important inter- tion for negotiations—Khamenei said that its terms were unacceptable. good living, we’ve raised our family there . . . national Jewish leaders today. His continuous Meanwhile, protesters were voicing con- We’re just real happy to be involved in agri- efforts to give a contemporary meaning to the cern that Obama’s single-minded pursuit of a culture.’’ concept of ‘‘Jewish peoplehood’’—primarily nuclear deal is conveying legitimacy to A past president of the Fresno County Farm through his deep involvement in the Museum Khamenei and Ahmadinejad—at the dis- Bureau, Mr. Machado has also served on the of Jewish Diaspora in Tel Aviv—has re-ener- sidents’ expense. They did not seem to have board of directors of the National Milk Pro- gized Jewish communities and organizations been impressed by the general words of sup- ducers Federation, Challenge Dairy and Dan- around the world. Mr. Nevzlin is also one of port contained in a message issued by Obama ish Creamery and several other agriculture to mark not this political uprising but the the largest and earliest supporters of the Tom 30th anniversary of the seizure of the U.S. committees in the Valley. He has extensive Lantos Foundation for Human Rights, estab- Embassy in Tehran, an event celebrated in community service in organizations such as lished to honor our distinguished colleague’s Iran but not here. Veterans of Foreign Wars Post #84, Knights of memory and to carry on his work for human Syria also served notice that its priorities Columbus #153 of Easton, Fraternal Order of rights around the world. In recognition of his have not been influenced by Team Obama’s Eagles Fresno Aerie #39, and the Portuguese activism and leadership, Mr. Nevzlin was re- repeated blandishments for better relations. Fraternal Organizations—I.D.E.S.S., S.E.S, cently named this year’s chairperson of the Israel intercepted a major clandestine Ira- and U.P.E.C. General Assembly of the United Jewish Com- nian arms shipment destined for Syria and Fred Machado has also been the recipient the Hezbollah guerrillas it supports in Leb- munities, the largest gathering of the Jewish anon. And As-Safir, a Syrian-controlled of a number of other awards, among which community, which will take place in Wash- newspaper in Beirut, launched a vitriolic, are Fresno County Farm Bureau’s Distin- ington, DC in the fall. sexist attack on Michele Sison, the able U.S. guished Service Award, the California Farm It is for all these reasons, Madam Speaker, ambassador to Lebanon, that concluded by Bureau’s Distinguished Service Award, and that I believe it is fitting that we recognize Leo- calling on its readers to ‘‘silence this chat- California State University Fresno, Ag One nid Nevzlin’s commitment to advancing the terbox’’—an ominous statement in a country Community Salute Award. The award Mr. cause of civil society and human rights and where U.S. and European diplomats have Machado is receiving this November 18th is his leadership and generous support of organi- been murdered. indeed a high honor in Fresno County. Fred is Friendly, principled engagement is a useful zations dedicated to serving the needs of oth- tool—up to a point. It is probably worth ex- truly deserving of this award. It is especially ers. ploring in Burma with new steps. But there fitting to congratulate and salute Mr. Fred f also has to be a workable Plan B—something Machado for his outstanding service to agri- Obama will now have to demonstrate that he culture, the people of California and our na- RECOGNIZING THE ACCOMPLISH- has developed for Iran and Syria. tion. MENTS AND CONTRIBUTIONS OF MS. ANTHONETTE PEN˜ A f f HONORING FERNANDO C. LEONID NEVZLIN HON. ALCEE L. HASTINGS MACHADO OF FLORIDA HON. ROBERT WEXLER IN THE HOUSE OF REPRESENTATIVES HON. JIM COSTA OF FLORIDA Tuesday, November 17, 2009 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida. Madam Speaker, Tuesday, November 17, 2009 I rise today to honor an outstanding educator Tuesday, November 17, 2009 Mr. WEXLER. Madam Speaker, I would like and devoted mentor, Ms. Anthonette Pen˜a. Mr. COSTA. Madam Speaker, I rise today to to bring to my colleagues’ attention the Anthonette teaches eighth grade science at pay special tribute to a man whose life and achievements of Leonid Nevzlin, a person who Howell L. Watkins Middle School in Palm pursuits exemplify the spirit of fortitude, entre- deserves recognition as a champion of the hu- Beach Gardens, FL and is indeed among Flor- preneurship, virtues of family and citizenship manities in Russia, a civic leader in his adopt- ida’s best and brightest. A standout among demonstrated by so many of those who strive ed homeland Israel, and a philanthropist her colleagues with a passion for teaching and to provide food and fiber to the citizens of this across three continents. I am proud to pay shaping educational policy, Anthonette has great nation. Many things have contributed to tribute to this extraordinary man, who has earned an esteemed Albert Einstein Distin- California’s bountiful agriculture industry and dedicated his life and his resources to sup- guished Educator Fellowship for a second economic well-being, but one significant un- porting important social efforts and has pro- year in a row. derlying factor in California’s agricultural suc- vided leadership to the Jewish Diaspora I welcome Anthonette to Washington and cess has been the presence of agricultural around the world. His generous support for am certain that her time at the office of the Di- leaders such as Fernando C. Machado. A vet- numerous organizations has made him an ex- vision of Research on Learning in Formal and eran farmer and former dairyman, Mr. Fred ample to his countrymen for taking a social Informal Settings at the National Science Machado is being honored on November 18, stand and making giving and sharing a way of Foundation (NSF) will be an enriching learning 2009 in Fresno, California as the 2009 Agri- life. experience for all involved. Anthonette hopes culturist of the Year by the Greater Fresno Mr. Nevzlin has been instrumental in intro- to use this fellowship year to raise awareness Area Chamber of Commerce. ducing democratic reforms and social respon- about the importance of community organiza- Fred Machado, born an American citizen on sibility to the former Soviet Union. He was di- tions and government in motivating students to the Azores Island of Portugal in 1932, moved rectly involved in a number of projects to sup- excel in science and mathematics. I laud her back to the United States with his family in port Russian President Boris Yeltsin in an ef- commitment to creating more scholarships for 1949. After a four-year tour in the United fort to boost civil society and democratic free- students of under-served populations so they, States Navy during the Korean War, Mr. doms during the Russian Federation’s transi- too, may benefit from science, technology, en- Machado returned to California in 1955 where tion from communism. In June 2003, after gineering, and mathematics (STEM) opportuni- he began to farm twenty-six acres of rented helping to establish several foundations arid ties.

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27890 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 17, 2009 In her home state of Florida, Anthonette is ing out to help individuals, young and old, ment and then in 1967 began his career with very active in her local community. In addition break free from the pain of alcohol and chem- the Transport Workers Union (TWU) Local 100 to securing several grants for science related ical addiction. For nearly forty years, he has under the Manhattan and Bronx Surface Tran- programs, she also dedicates her time as a remained steadfast in his focus. From 1972 to sit Operating Authority (MABSTOA). He start- mentor for beginning teachers. Anthonette be- 1991, Mr. Mulhall served as the director of ed with a metal-plating company where he lieves that employing cross-curricular lessons Stella Maris Detox Hospital. He later co-found- was assigned to a unit with workers who were is key to developing well-rounded, critical ed the Freedom House, Inc., a sober living fa- perceived by some to be derelict workers thinkers. When she organized her school’s cility—established to fill the critical need to beset by alcohol and laziness. first Girl Scout troop, she not only incorporated provide a sober environment and treatment for Never one to look down upon anyone, but STEM activities, but brought learning opportu- any individual, regardless of their ability to seeing the opportunity to help others; he dis- nities from inside the classroom into the com- pay. He left Freedom House in 1998 to co-es- covered his masterful skill of organizing work- munity. tablish the Ed Keating Center, Inc., an organi- ers. He told workers if they worked with him Anthonette has worked hard to earn this dis- zation with the same mission and the dedica- he would make a case to management to get tinction, and exemplifies the possibilities that a tion to providing service as Freedom House. them higher wages. After a series of meetings good education offers. She earned her B.A. in The Ed Keating Center relied entirely on pri- and negotiations with the bosses, he won Liberal Studies at California Polytechnic State vate donations from individuals and corpora- raises for the workers and developed a pro- University, San Luis Obispo and her M.S. in tions, receiving no public assistance. The Cen- motional ladder for himself. Education at Nova Southeastern University. ter continues to serve the Cleveland commu- He rose through the ranks of TWU Local Recognizing the importance of a well-balanced nity restoring lives, re-connecting families, and 100 and held a series of positions; MABSTOA education in today’s ever-shrinking world, giving people, especially those without health DIVISION II Bus Operator, Division II Record- Anthonette also studied abroad at The Univer- insurance or those unable to afford treatment, ing Secretary, Vice Chairman, Chairman at sity of Valladolid in Spain, while also partici- the tools to live sober, healthy, happy and pro- Amsterdam Garage, Executive Board as Di- pating in the Japan Fulbright Memorial Fund ductive lives. Over the years, Mr. Mulhall posi- rector of Education and Training and Financial Teacher program and the Toyota International tively impacted the lives of more than 60,000 Secretary Treasurer. As he continued climbing Teacher Program in Costa Rica. women and men. the ladder of TWU he recalled how he con- Madam Speaker, I truly appreciate the work Madam Speaker and Colleagues, please tinuously endured blatant racism; but in Feb- that Anthonette Pen˜a and Florida’s teachers join me in honor of John Timothy ‘‘Jack’’ ruary 1996 he defied the odds to become the do every single day in preparing our nation’s Mulhall Sr., for his efforts, vision and work cre- first black President of TWU Local 100. He leaders of tomorrow. She has long dem- ating havens of strength, comfort, hope and was quoted as saying ‘‘The members don’t onstrated excellence and dedication to teach- healing. Because of Mr. Mulhall’s compassion care what color I am as long as I protect their ing worthy of the Albert Einstein Distinguished and unwavering focus, institutions like the Ed jobs’’. Educator Fellowship, and I congratulate her Keating Center exist as a lifeline, providing In addition to his roles with TWU Local 100 double on this achievement. vulnerable citizens the treatment they need to he was Vice President of New York AFL–CIO, f end the devastating cycle of addiction. These Vice President of the New York City Central people become free to live happy, productive, Labor Council and Vice President of inter- IN HONOR OF JOHN TIMOTHY drug and alcohol free lives, which in turn up- national TWU. He also held the title of Chair- ‘‘JACK’’ MULHALL, SR. lifts and strengthens our entire community. man for one of the oldest and largest Credit f Unions in the State of New York, the Munic- HON. DENNIS J. KUCINICH ipal Credit Union. Willie would further his ac- OF OHIO A TRIBUTE TO DEACON WILLIE complishments by attaining the post of Execu- JAMES IN THE HOUSE OF REPRESENTATIVES tive Board Member of the New York Branch of the NAACP. Tuesday, November 17, 2009 HON. EDOLPHUS TOWNS– I could continue to list all of Deacon Willie Mr. KUCINICH. Madam Speaker, I rise OF NEW YORK James’ accomplishments, because they go on today in honor of John Timothy ‘‘Jack’’ IN THE HOUSE OF REPRESENTATIVES and on. I will just say that the world will truly Mulhall, Sr., for his lifelong dedication to the miss this deeply involved civic community or- service of others, and especially for his com- Tuesday, November 17, 2009 ganizer. I am happy that I had the opportunity mitment to helping tens of thousands of peo- Mr. TOWNS. Madam Speaker, I rise today to work with him on many special projects and ple build lives based on a platform of hope, in recognition of Deacon Willie James, an ex- to live during his lifetime. strength and sobriety. traordinary community organizer who will be Madam Speaker, I urge my colleagues to Mr. Mulhall grew up in Cleveland and grad- missed by Brooklyn. join me in recognizing Deacon Willie James. uated from Holy Name High School. He joined Deacon Willie James a native New Yorker, f the Army, and in July, 1944 at a USO dance was born in Harlem Hospital on April 28th, REVITALIZING THOMSON, ILLINOIS in Natchez, Mississippi, he met the love of his 1936. When he was 18 years old he entered life, Estelle Jones. They married three months the Air Force and served 4 years doing a stint later on October 28th, 1944 at St. Mary Basil- in Maine and Morocco. Of his many accom- HON. DONALD A. MANZULLO ica Church in Natchez. He was later deployed plishments, he was a very proud member of OF ILLINOIS overseas, surviving battles in both Germany the 80th Supply Squadron and received the IN THE HOUSE OF REPRESENTATIVES and France, and suffering severe frostbite Good Conduct Medal for his demonstration of Tuesday, November 17, 2009 while there. Before his honorable discharge in honor, efficiency and fidelity. Mr. MANZULLO. Madam Speaker, I rise 1946, he achieved the rank of Master Ser- Willie had a true love of music and was an today in strong opposition to the Administra- geant and was awarded several commenda- accomplished Baritone. While in the service, tion’s plan to link economic development in tions, including the Presidential Citation, the he and a few other airmen formed a doo-wop the district that I have the honor to represent Good Conduct Medal, and the Overseas Serv- vocal group that covered songs by the Platters to the transfer of dangerous terrorists from ice Medal. He returned to Cleveland and as well as other groups. Willie would often say Guantanamo Bay, Cuba. began building a new life with his wife. He that the group was so good that the people in The hardworking people of northern Illinois played semi-professional baseball during his Morocco actually thought they were the real have waited too long for the promise of eco- twenties, worked at Republic Steel and Stand- Platters! nomic stimulus and are looking for good pay- ard Oil, then General Tire and Rubber. To- Later in life he would return to Harlem find- ing employment opportunities. It is absolutely gether, he and Estelle raised eleven children. ing work as a shipping clerk. What Willie con- unnecessary to condition job creation with the Married for nearly 65 years, the joy of their sidered the highest point in his life, was when wholesale importation of over 200 battle-hard- lives are their eleven grown children, 31 he met and married his late wife of 41 years, ened terrorists that could dampen long-term grandchildren and 16 great-grandchildren. Rosabelle Moyd. It would prove to be a economic growth in that region. Mr. Mulhall discovered what would become blessed union of love. Shortly after marriage, Today, I am introducing legislation to au- his life’s work in 1972, when he began reach- he joined the New York City Police Depart- thorize the federal government to purchase

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 27891 the maximum security correctional facility lo- rior medical support to more than 8,000 de- Bill Number: H.R. 3183—Energy and Water cated in Thomson, Illinois for the purpose of ployed military members. Her clinical expertise Development and Related Agencies Appro- alleviating an already overcrowded federal and management skills guaranteed expedi- priations Act, 2010 penal system while prohibiting the transfer of tious transport of critically wounded soldiers to Provisions/Account: U.S. Army Corps of En- terrorist detainees from Guantanamo Bay, higher levels of care that saved lives, limbs gineers—Investigations Cuba. If passed, my legislation would bring and eyesight. Name and Address of Requesting Entity: good jobs to northern Illinois while keeping our Madam Speaker, please join me in recog- The entity to receive funding for this project is communities safe. Thomson and the sur- nizing this courageous Air Force Nurse Corps the Rock Island District of the U.S. Army rounding rural areas of Carroll County suffer leader for serving our country and protecting Corps of Engineers located at Clock Tower from chronic high unemployment and popu- the lives of her fellow service men and women Building, P.O. Box 2004, Rock Island, IL lation loss. Currently, Carroll County has an in combat. 61204. unemployment rate of 10.5 percent. Thomson f Description of Request: The funding would has an unemployment rate of 11.8 percent be used to enhance aquatic habitat in the Pe- and has unfortunately experienced a negative JOHN L. RAY oria Lake. population growth rate of 4.5 percent since f 2000. Fulfilling the promise of the Thomas HON. SHELLEY MOORE CAPITO CONGRATULATING ‘‘THE WAVE’’ Correctional Center will bring eagerly antici- OF WEST VIRGINIA pated economic activity to the region. IN THE HOUSE OF REPRESENTATIVES For years, I have been encouraging the Tuesday, November 17, 2009 HON. ANTHONY D. WEINER State of Illinois to utilize this prison after so OF NEW YORK much was invested to build the facility. Unfor- Mrs. CAPITO. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES to honor John L. Ray, in celebration of the 100 tunately, my requests went unheeded. Now, Tuesday, November 17, 2009 we have a unique opportunity to help both the years since the Charleston Public Library federal government with its need to reduce opened in 1909. Mr. WEINER. Madam Speaker, I rise to rec- prison overcapacity and the local community John V. Ray Sr., a library patron, held the ognize the extraordinary work of the journal- with its need for economic development. position as president of the library board for ists, editors, and staff of the Wave, a neigh- The Federal Bureau of Prisons estimates more than 30 years, where he helped write borhood newspaper in Rockaway, Queens that purchasing the facility near Thomson will the Kanawha County Public Library Act that that was recently named ‘‘The Best Neighbor- cost approximately $120 million. My legislation would see its way through the West Virginia hood Paper’’ in New York City by New York’s provides sufficient flexibility in funding to pur- Legislature. This guaranteed that libraries Village Voice. chase and transfer federal prisoners to this fa- would be granted a share of the property The Wave has been serving the many com- cility. However, the legislation specifically pro- taxes which came to the Kanawha County munities of the Rockaway peninsula for 116 hibits the federal government from housing Board of Education, the Kanawha County years. Each Friday, residents read this vener- any terrorist detainees currently at Guanta- Commission and the city of Charleston. It was able publication not only to stay informed namo Bay, Cuba, at this site or any other fed- a key piece of legislation that kept a stream of about the peninsula, but also to make sure eral, state, or local facility in Illinois. funding for libraries. their voices are heard and not forgotten by Madam Speaker, the good people of Thom- His son, John L. Ray followed in family tra- City Hall, Albany, and our nation’s capital. son and the rest of Illinois’ 16th Congressional dition when he took over as Kanawha County The Wave’s managing editor Howard District have waited too long for this govern- Public Library board president in 1988. An Schwach, and all its reporters have been in- ment to fulfill its promise to ‘‘save or create’’ avid library supporter himself, John had a vi- strumental in turning this local weekly into the jobs. Given the overcrowding in America’s sion for the county and what purpose libraries most widely read newspaper in Rockaway. prison system, let’s use the Thomson correc- would serve. His plan brought new buildings to Through their work these journalists remind us tional facility to house non-terrorist prisoners Cross Lanes, Sissonville, a combined public/ all of the essential role that the neighborhood and create the jobs so vital for our families. school library at Riverside High, and a de- press play in telling the stories often missed in Now is the time to stop linking job creation to signed replacement for the downtown Charles- the commotion of cable television and the the transfer of terrorist detainees and work to- ton library. twenty-four hour news cycle. wards a sensible compromise on this issue. I An institution that serves all people, libraries This outstanding newspaper has covered urge my colleagues to support this bill. remain a beacon for communities because of everything from shootings and burglaries to f the more than twenty years John has spent as the mystery surrounding the abrupt shuttering board president. He led the rapid development of a long-time Catholic high school. Further- RECOGNIZING MAJOR NANCY J. as card catalogs were replaced by electronic more, it provides a crucial forum for residents JOHNSON—SCOTTSDALE HEALTH- catalogs. He came up with a long-range plan to express their opinions on happenings in CARE’S ‘‘SALUTE TO MILITARY’’ that would bring new buildings to the county to their community, problems affecting their city, HONOREE ensure that libraries could continue to serve and issues of concern throughout the country. their public function. It is the stories that they tell which should HON. HARRY E. MITCHELL It is an honor to recognize John L. Ray. remind us all of the ‘‘facts on the ground’’—the OF ARIZONA With his hard work and leadership, we are stories to inform and inspire our policy and IN THE HOUSE OF REPRESENTATIVES able to celebrate 100 years since the opening legislative work. It can change the world by of the Charleston Public Library. It says great making seen the invisible, teaching the un- Tuesday, November 17, 2009 things about West Virginia to have people like known, and challenging the conventional wis- Mr. MITCHELL. Madam Speaker, I rise you represent our great state. dom. today to recognize an outstanding member of f We all should commend The Wave; its pub- the Armed Forces from my home state of Ari- lisher, Susan B. Locke; its general manager, zona. Each month, Scottsdale Healthcare hon- EARMARK DECLARATION Sanford M. Bernstein; its managing editor, ors military personnel who perform exception- Howard Schwach; its art director, Felicia ally in the medical field in defense of our HON. AARON SCHOCK Scarola-Edwards; its sports editor, Elio Velez; country. Scottsdale Healthcare has recognized OF ILLINOIS its staff reporter, Nicholas Briano; its contrib- Major Nancy J. Johnson for the month of No- IN THE HOUSE OF REPRESENTATIVES uting editor, Miriam Rosenberg; art assistants vember. James Corbin, Carolina Cohen, Mike Delia, I commend Scottsdale Healthcare for paying Tuesday, November 17, 2009 Judy Gardonyi, Colleen Mulvey, Janette tribute to Major Johnson for her life-saving ex- Mr. SCHOCK. Madam Speaker, in accord- Rappo, and Don Rodriguez; and columnists pertise and honorable service to our country. ance with the Republican adopted standards Erin Baumann, Nancy Brady, Jon Paul Major Johnson distinguished herself through on earmarks, I submit the below detailed ex- Culotta, Dorothy Dunne, Dr. Nancy Gahles, her outstanding performance as a Chief Nurse planation of the Peoria Riverfront Develop- Marilyn Gelfand, James Glasser, Liz Guarino, in Qatar. She led her team and provided supe- ment, Peoria, Illinois. Susan Hartenstein, Emil R. Lucev, Linda

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27892 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 17, 2009 Marshak, Stuart Mirsky, Dr. Tim Rohrs, Coalition—a union of five states joined in the moved to Pasadena where George earned a Mornam Scott, Robert Snyder, Robin Shapiro, fight to preserve and protect America’s largest Ph.D. at Cal Tech. In 1957, as a young sci- and Stephen Yaegar for their incredible work estuary. With the use of independently-funded entist at Dow Chemical Co. in Michigan, he and congratulate them all for this honor. studies, Elaine and her League members developed the Ellman Reagent, which became f poured endless hours into persuading policy- the standard clinical lab procedure for meas- makers that it was the right action to take for uring enzymes and proteins. Moving to A TRIBUTE TO ELAINE ARM- our country. They succeeded. Tiburon in 1958, George was the chief re- STRONG VALL-SPINOSA COCH- Madam Speaker, Thomas Jefferson once search biochemist at the Langley Porter RAN DUNKLE wrote that ‘‘we in America do not have govern- Neuropsychiatric Institute and professor in the ment by the majority—we have government by Department of Biochemistry at UC Medical HON. STENY H. HOYER the majority of those who participate.’’ Elaine Center. OF MARYLAND Cochran Dunkle has spent her life partici- With a passion for public service, George IN THE HOUSE OF REPRESENTATIVES pating and as a consequence has left a lasting served on the Tiburon Parks and Recreation Tuesday, November 17, 2009 mark on our country. I extend my sincerest Committee and was elected to the Tiburon thanks for her tireless commitment to our na- City Council, serving as Mayor, and rep- Mr. HOYER. Madam Speaker, I rise today tion and for all the many accomplishments that resenting the city of Tiburon on the Bay Con- to recognize Mrs. Elaine Armstrong Vall- commitment has engendered. servation and Development Commission and Spinosa Cochran Dunkle for her inspiring f the influential Bay Area-wide Metropolitan leadership and devoted service to both her Transportation Commission, where he devel- community and country. For the past 54 years CONGRATULATING THE UNIVER- oped a lifelong interest in transportation she has applied her considerable skill to pro- SITY OF SOUTH CAROLINA’S issues. While living in Tiburon, George and moting civil discourse and civic engagement WOMEN’S SOCCER TEAM Phyllis were active in the effort to keep Rich- across both state and party lines. She has ardson Bay from being filled and developed. served, and continues to serve, as a bastion HON. JOE WILSON They helped preserve and protect Blackie’s of inspiration for those who adhere to the prin- OF SOUTH CAROLINA Pasture and Lyford House, which kept them ciple that democracy is not an idle state, but IN THE HOUSE OF REPRESENTATIVES from becoming part of a proposed 4-lane ex- a work in progress that expects our involve- pansion of Tiburon Boulevard. Tuesday, November 17, 2009 ment should it seek to endure. After moving to Sonoma County in 1980, On May 14, 1915, Elaine was born into a Mr. WILSON of South Carolnia. Madam George devoted himself to helping the envi- society that did not permit women to vote. Speaker, I would like to congratulate the Uni- ronment. He served for 28 years on the board Five years later, Congress ratified the 19th versity of South Carolina’s Women’s Soccer of ‘‘People for Open Space’’ which became Amendment, giving women the right to vote team for winning their first Southeastern Con- Greenbelt Alliance, and used this experience under the U.S. Constitution. Elaine can recall ference tournament title. The Gamecocks had to help forge the Sonoma County Agricultural her father giving her mother instructions on only three regular season losses and beat Preservation and Open Space District in 1990. how the voting process worked. It was a mem- Georgia, Florida and LSU to clench their first George also served as a board member of the ory she carried with her when, at age 21, SEC title. National Audubon Society and went on to help Elaine cast her first ballot for Franklin Delano On Sunday, the Gamecocks not only re- establish the Sonoma Ecology Center. Roosevelt in the 1936 Presidential election. corded their second shutout in the first two Mild mannered and good humored, George After college, Elaine became a history rounds of the NCAA tournament, but USC was a respected activist with an unremitting teacher, and it was at the helm of a classroom Coach Shelly Smith also claimed her 100th persistence to do the right thing. With a pas- that she first experienced a deep connection win at USC. Now the team will advance to the sion for public transit, George worked tire- with politics. She felt a tremendous sense of round of 16 for the first time in program lessly to bring back passenger rail service link- responsibility to the children she taught, and to history. ing Sonoma and Marin Counties. The biggest honor that, took the time to educate herself With leaders like defender Blakely Mattern, booster for the Sonoma Marin Area Rail Tran- and them on the great issues of their day, forwards Kayla Grimsley and Brooke Jacobs, sit, SMART, George lived to see voters pass such as Roosevelt’s ‘‘New Deal’’ and the Mar- co-captain Kim Miller, and goalkeeper Mollie the quarter-cent SMART sales tax measure shal Plan. She left teaching, however, to raise Patton, I’m confident the USC women’s soccer last November, which will help fund the 70- her own family and it was shortly thereafter team will make us all proud. mile rail service through the two counties. that Elaine was invited to a life-changing Congratulations to the student athletes and Scheduled to roll down the tracks in 2014, the meeting of Virginia’s League of Women Vot- their families—we wish them luck as they SMART board has agreed to honor his re- ers. make their run for a national title. quest that his ashes ride on the first SMART Rising the ranks within Virginia’s delegation, In conclusion, God bless our troops, and we train out of the station. Elaine soon found herself guiding the League will never forget September 11th in the Global Dr. Ellman was also a classically-trained pi- in an attempt to prevent Congress from dis- War on Terrorism. anist and co-founded the Sonoma Classical mantling price controls in the midst of the f Music Society. Dedicated to the environment, Great Depression. Believing that price controls environmental education and bringing music to were crucial to keeping household staples af- HONORING GEORGE ELLMAN the community, to sustain this, the Ellmans es- fordable for the average Depression-stricken tablished the Ellman Fund at the Community family, she led a motorcade with League rep- HON. LYNN C. WOOLSEY Foundation of Sonoma County. resentatives from all 48 states to the Capitol. OF CALIFORNIA George was a devoted husband and father. Together, they succeeded in convincing Con- IN THE HOUSE OF REPRESENTATIVES His wife of 60 years, Phyllis, died last June. gress to delay the dismantling of those con- He is survived by his daughter, Judy Ellman of trols. Tuesday, November 17, 2009 San Francisco; brother, Charles of George- Years later, Elaine was still active within the Ms. WOOLSEY. Madam Speaker, I rise town, Kentucky, and many nieces and neph- League of Women Voters. Now residing in today to honor George Ellman of Sonoma, ews. Maryland, she played a vital role in a count- California, who died on September 27, 2009, Madam Speaker, George Ellman will be less number of the League’s Calvert County after a lifetime of community activism, leader- missed by so many who shared in his work endeavors. As President of the Calvert County ship, and dedication to protecting the environ- and dreams. He believed that creating a better unit, she oversaw a number of initiatives ment which included promoting public transit world was both necessary and possible. It is aimed to increase public awareness of political in Marin and Sonoma Counties. fitting to recognize his dedicated efforts to pre- issues. These included the hugely popular Born in Chicago in 1923, Mr. Ellman re- serve open space in Marin and Sonoma ‘‘Know Who’s in Charge’’ pamphlet and the ceived a degree in biochemistry at the Univer- Counties as well as his tireless leadership to Calvert County Voter’s Guide. One of her sity of Illinois and completed a master’s de- help reduce carbon emissions, promote smart reigning achievements was her League’s in- gree at the University of Washington where he growth, and bring back commuter rail service. valuable role in building the Chesapeake Bay met his future wife, Phyllis. The Ellmans I join the many people who will miss George

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 27893 Ellman’s inspiration, friendship and bright Eames lost his sight and this life-altering cir- CONGRATULATIONS LEE COLLEGE spirit. cumstance motivated him to strive for the im- 75TH ANNIVERSARY f provement of services for the disabled. Ed was a devoted husband to his beloved HON. TED POE CONGRATULATING THE MESA wife, Toni, who is also blind. They met when FIRE DEPARTMENT VOLUNTEER OF TEXAS he was writing a book on guide dog schools IN THE HOUSE OF REPRESENTATIVES CORPS ON RECEIVING THE FIRE and asked her to be a co-author. Ed and Toni CORPS AWARD OF EXCELLENCE co-authored two books, numerous magazine Tuesday, November 17, 2009 columns and articles, and even scripted the Mr. POE of Texas. Madam Speaker, con- HON. HARRY E. MITCHELL award-winning video, ‘‘Partners in Independ- gratulations to Baytown’s Lee College on en- OF ARIZONA ence’’. The couple also co-taught a class on tering its 75th academic year. It is one of the IN THE HOUSE OF REPRESENTATIVES the sociology of disabilities at California State fastest growing community colleges in the na- tion with over 9,000 enrolled students. Further- Tuesday, November 17, 2009 University, Fresno. Furthermore, along with their guide dogs, Latrell and Keebler, Ed and more, Lee College offers over 130 degrees Mr. MITCHELL. Madam Speaker, I rise Toni traveled the world to further their joint and certificates, and is 6th in the nation for de- today to congratulate the Mesa Fire Depart- commitment to assistance dog programs for grees awarded in science and technologies. ment Volunteer Corps for winning the 2009 the disabled. In 1931, the Board of Trustees of the Goose Award of Excellence. Sponsored by the Inter- Mr. Eames was active in his community and Creek Independent School District agreed that national Fire Service Training Association, this was a fervent supporter of the addition of side- a local junior college should be established. award recognizes the department’s out- walks for wheelchair ease and accessibility in Three years later, in 1934, Lee Junior College standing performance in delivering fire and the Fresno area. Mr. Ed Eames was the was founded to serve that purpose. Since its emergency services. founder and President of the International As- creation, Lee College has seen significant ex- The Mesa Fire Department created the Vol- sociation of Assistance Dog Partners. He pansion. Enrolment for Lee College’s opening unteer Corps in 1998 in order to better con- served on the Americans With Disabilities Act semester was a mere 177 students, but cur- nect residents to vital community services Advisory Committee for Fresno Area Express rent enrolment is more than 50 times that ini- after recognizing a gap in their own service. and was also a member and former president tial number, with over 9000 students enrolled After emergency personnel responded to an of the North Fresno Lions Club. in academic, technical education, and non- initial 9-1-1 call and left the scene, residents On October 25, 2009 at the age of 79, Ed credit continuing education programs at the were often unaware of further resources avail- Eames passed away. He will be greatly college. able to them. What began as a small cadre of missed by all who knew him and the work that With Lee College students going on to con- 10 committed volunteers has since grown into he did for the disabled will never be forgotten. tribute in vital areas of our society, this college a far-reaching program of 130 volunteers re- has become a very valuable institution of edu- sponding to over 3,800 calls every year. f cation for my district and for Texas. The Volunteer Corps is made up of several f programs which provide services such as HONORING THE LIFE AND SERVICE emergency scene transport, grief support, and OF MORRIS BENJAMIN ZEIDMAN TRIBUTE TO AMY ELIZABETH home safety inspections. In 2008, the Corps CORWIN provided 29,000 hours of service and saved HON. PETE OLSON the community $585,599. HON. BRAD SHERMAN OF TEXAS Particularly during these tough economic OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES times, it is heartening to see so many mem- IN THE HOUSE OF REPRESENTATIVES bers of our community devoting their time and Tuesday, November 17, 2009 Tuesday, November 17, 2009 energy toward serving one another. I think these volunteers should be proud of what they Mr. OLSON. Madam Speaker, I rise today Mr. SHERMAN. Madam Speaker, I rise have accomplished, and know that we are all to honor the life of a great American—a man today to honor the life of Amy Elizabeth grateful for their service. who gave much for his community and coun- Corwin, who tragically passed away on July 2, try, Morris Benjamin Zeidman, who passed f 2009 after a long battle with a brain tumor. away on November 13. Amy served as an intern in my District Office PERSONAL EXPLANATION Mr. Zeidman was born on February 21, during the summers of 2004 and 2005. Her in- 1909 in Brooklyn, New York. He met and mar- tellect, warm and engaging personality, and HON. JIM GERLACH ried Beatrice Schwartz, who he accompanied enduring strength have left an indelible impact back to Wharton, Texas. It was in Wharton OF PENNSYLVANIA upon me and my staff. that Mr. Zeidman got his start in business by Amy was born on January 26, 1984 to Joel IN THE HOUSE OF REPRESENTATIVES joining the Schwartz family’s dry goods store. and Linda Corwin of Westlake Village, Cali- Tuesday, November 17, 2009 He ran the store until his retirement in 1992. fornia. She had one younger sister, Diana Mr. GERLACH. Madam Speaker, unfortu- In 1990, he lost his wife Beatrice. In 1994, Mr. Corwin. From an early age, Amy expressed a nately, on Monday, November 16, 2009, I Zeidman married his second wife Marjorie love of cultures and travel and a keen aptitude missed three recorded votes on the House Franklin. They shared eleven joyous years for learning foreign languages. She enjoyed floor. Had I been present, I would have voted until her death in 2005. learning about history and architecture, attend- ‘‘yea’’ on rollcall 889, ‘‘yea’’ on rollcall 890, Morris Zeidman served his country in World ing the theatre, and exploring museums. While and ‘‘aye’’ on rollcall 891. War II and fought in the D-Day Invasion on a student at Emory University, Amy spent a f June 6, 1944. Throughout his life, Mr. semester abroad in Salamanca, Spain, where Zeidman served his community as a leader in she immersed herself in the local culture. In HONORING ED EAMES numerous organizations, including the Lions Salamanca, Amy stayed with a host family Club, the Shriners, the Chamber of Com- who spoke no English, and she took classes HON. ROBERT J. WITTMAN merce, the American Legion, the Wharton In- given strictly in Spanish that were attended by OF VIRGINIA dustrial Foundation, and the Boy Scouts of Spaniards and students from all over the IN THE HOUSE OF REPRESENTATIVES America. He also served as president of the world. Amy would go on to graduate from Shearith Israel Synagogue and was active Emory in 2006 with her Bachelor of Arts de- Tuesday, November 17, 2009 with B’nai B’rith. grees in Political Science, Spanish and Por- Mr. WITTMAN. Madam Speaker, I rise Morris Zeidman led a life that was truly ad- tuguese. today to pay tribute to Mr. Ed Eames. mirable and that placed service to country and During her internship, Amy served as an in- Ed Eames was a resident of Fresno, Cali- others above self. Our thoughts, prayers, and valuable member of my District Office team. fornia and was a committed advocate for indi- sympathy go out to all the family members of On numerous occasions she effectively as- viduals with disabilities. At the age of 42, Mr. this truly great American. sisted my Spanish-speaking constituents. In

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27894 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 17, 2009 addition to her constituent-service skills, Amy efforts as the creation of accessible indoor Jesu´s del Monte in 1947. By 1952 he grad- acted as a mentor to new interns. Her warmth, walkways and the construction of wheelchair uated of Broadcasting and Journalism spon- ability to relate to people, and knowledge of ramps. sored by the National Broadcasting School of public policy issues were evident. Amy effort- Pam knows firsthand the importance of Cuba in Radio Progreso. Throughout his ster- lessly and ably engaged in political discus- fighting for disability rights because she lives ling service to journalism, he wrote com- sions and it became clear that Amy was in- with cerebral palsy. Despite this challenge, mentaries on sports and jazz for numerous deed wiser than her years. Pam routinely works a sixty-hour work week programs like ‘‘Pequen˜os Conjuntos de More than anything else, Amy loved spend- on behalf of disabled individuals. Pam’s dedi- Grandes Mu´sicos’’ and ‘‘Bandas Innovadoras ing time with her family and friends. She was cation and perseverance should serve as an de Jazz’’, among many others. After arriving to a warm and loving daughter, sister, and friend. inspiration to all of us. the United States this inspiring journalist be- She was intelligent, compassionate and want- f came the only Latin-American and Cuban au- ed to find a way to make the world a better thor with five books in the Baseball Hall of TRIBUTE TO MIDLAND DOW BOYS place for everyone she encountered. Amy was Fame at Cooperstown, New York. His sports TENNIS TEAM a terrific athlete and a fierce competitor on the literature served as a renewed hope for Cu- tennis court, and she applied this mentality to bans in exile to remember and restart Cuban all areas of her life. When confronted with a HON. DAVE CAMP baseball in the veteran games in New Jersey terrible illness, she fought valiantly and she OF MICHIGAN and Miami. At the same time his work created never lost hope that she would beat the dis- IN THE HOUSE OF REPRESENTATIVES awareness about Cuban baseball players and ease. Amy was a selfless and caring individual Tuesday, November 17, 2009 about the extinct Professional Cuban Baseball who never wanted to burden others with con- Mr. CAMP. Madam Speaker, I rise today to League. As a journalist and member of the cerns about her health. She never allowed her commend the team members of the Midland Cuban community, Angel Torres was pre- illness to change who she was; she remained Dow High School Boys Tennis Team. They sented in January 28, 2007 by the Patronato ´ ´ optimistic and upbeat throughout her life. She have represented the town of Midland well Jose Martı in California, with the most prestige wished to be remembered for the person she with their perseverance and athleticism, and recognition to a Cuban in exile, the White ´ was, not the illness she endured. we are very proud of their accomplishments. Rose of the commemoration to Apostle Jose Although Amy’s years on this planet were The Chargers won the Division Two Boys Martı´. short, her life, nevertheless, was rich. And for State Tennis Championship on Saturday, No- Once again, I would like to express how all those who had the privilege of meeting or vember 17, 2009, after defeating Battle Creek- proud I am of Angel for his dedication to jour- knowing Amy, our lives were made richer as Lakeview High School: 30–23. This win gives nalism, baseball and the Cuban community. a result. I offer my deepest condolences to Midland Dow their first Boys Tennis state His legacy in sports and journalism will serve Joel, Linda, Diana and to the rest of Amy’s championship since 1984. as an example for our community and as in- family and friends. She will be greatly missed. Additionally, this Chargers team was the spiration for everyone to pursue their goals f embodiment of both teamwork and determina- and dreams with commitment and passion. f HONORING PAM HEAVENS FOR tion. Led by Coach Terry Schwartzkopf, these HER TWENTY YEARS OF SERV- boys were also models of sportsmanship and 20TH ANNIVERSARY OF THE FALL ICE AS EXECUTIVE DIRECTOR OF set good examples on and off the court. OF THE BERLIN WALL THE WILL-GRUNDY CENTER FOR Team members include: Juan Guerra, INDEPENDENT LIVING Alekzander Davila, Santiago Guerra, Jonathan Gurnee, J.P. Gurnee, Jon Templeman, Austin HON. FRANK R. WOLF Woody, Kevin Winegar, Jacob Poliskey, Nate OF VIRGINIA HON. DEBORAH L. HALVORSON Karsten, Brandon LaFreniere, Alex Haslam, IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS David Read, and Scott Kendall. Tuesday, November 17, 2009 IN THE HOUSE OF REPRESENTATIVES I am honored today to recognize the Mid- Mr. WOLF. Madam Speaker, ‘‘Mr. Gorba- land Dow Boys Tennis Team for their accom- Tuesday, November 17, 2009 chev, tear down this wall.’’ plishments, and congratulate them on their Mrs. HALVORSON. Madam Speaker, this Against the counsel of the State Department state championship. fall Pam Heavens celebrates her twentieth and others in Washington’s foreign policy es- year as Executive Director of the Will-Grundy f tablishment, President Reagan uttered these Center for Independent Living. On behalf of HONORING ANGEL TORRES six words standing at the Brandenburg Gate the 11th Congressional District of Illinois, I June 12, 1987—words that marked his presi- would like to commend Pam for her years of HON. ILEANA ROS-LEHTINEN dency and defined an era. selfless service on behalf of disabled Illi- OF FLORIDA Former Soviet spy Whittaker Chambers fa- noisans. IN THE HOUSE OF REPRESENTATIVES mously said when he defected that he be- As Executive Director, Pam has fought on lieved he was joining the right side by reject- behalf of thousands of disabled Will and Tuesday, November 17, 2009 ing communism, but that he was leaving ‘‘the Grundy County residents. The Center serves Ms. ROS-LEHTINEN. Madam Speaker, I winning side for the losing side.’’ disabled citizens young and old, including our rise to congratulate Angel Torres, distin- Reagan however, who was himself indelibly brave veterans. By offering services ranging guished journalist and member of my South shaped by Chambers’ account of his defection from the Low Vision Loan Center to the Home Florida community, for receiving the 2009 Na- in the historic book Witness, always believed Ownership Program, the Will-Grundy Center tional Award for Journalism given by the Na- he was on the winning side. for Independent Living helps people with dis- tional Journalists Association of Cuba in Exile. Unbothered by those who cautioned that he abilities achieve their goals. It is with great pride that I recognize his exem- would offend the Soviets, Reagan, the eternal Pam has successfully led the Center plary work and dedication to sports and jour- optimist, felt compelled to issue this challenge through challenging times. The Center has in- nalism throughout the years. Angel, born in La to Gorbachev believing what seemed to be creased services in the midst of a financial cli- Havana, Cuba, always shared a great passion unimaginable at the time—that one day the mate that has forced many organizations to and interest for baseball. He started playing in wall would in fact fall. cut services as they lose important funding the Free Amateur Tournaments of the Stadium Erected in 1961 the Berlin Wall was an en- sources. with San Pedro and later became manager- during symbol of communism—a physical Aside from her duties running the Center, player in the Winter Amateur Championships manifestation of the divide between East and Pam has worked with non-profits and govern- of Octavio Divin˜o´ at Arroyo Naranjo super- West, free and captive. mental agencies at the local and state level to vising Nebraska, where he received a medal With rapt attention, many Americans gath- improve the lives of disabled persons. For ex- for his distinguished handwork of the immortal ered around their televisions 20 years ago as ample, through the Accessible Cities Alliance, Martı´n Dihigo. scenes emerged of East Berliners pouring Pam worked to ensure disabled consumers Torres graduated from the Cuban-American across the border, tearfully embracing strang- had access to local businesses through such Institute and the English Special Center at ers, and raising glasses of champagne as they

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 27895 rejoiced with West Berliners in their newfound hard work, a deep commitment to scientific in- torical treaty between Westlands Water District liberty—the free world rejoiced with them. novation, and a desire to have a positive im- and the Friant Water Users Authority in 2004. For decades an epic struggle had been un- pact on peoples’ lives. Her achievement is all ‘‘This great Valley that we have is certainly derway between two vastly different the more significant in that only 8 of the 192 the envy of the world,’’ Errotabere was re- ideologies. Then, in the span of a year, three individuals to receive this prize have been cently quoted as saying. ‘‘It’s a promising story giants converged on the world scene and women. I hope her success will inspire young for California that agriculture can do as much human history was forever changed. Eng- women to enter the field of science. as it can.’’ land’s Iron Lady, Margaret Thatcher, Poland’s Congratulations to these scientists for their It is a pleasure to honor and congratulate native son, Pope John Paul II, and our own groundbreaking work in the field of medicine the Errotabere’s ‘‘can-do’’ attitude and re- Ronald Reagan boldly championed freedom, and for their extraordinary contributions to hu- peated earnest advocacy for Agriculture. The inspired hope in millions and gave those living mankind. Errotaberes are truly deserving of this great behind the Iron Curtain the courage to imagine f honor and I salute the entire family for their a world transformed. accomplishments and contributions to Agri- While the Soviet Union is relegated to the HONORING ERROTABERE RANCHES culture in California and the Nation. history books, today there remain ideologies f that threaten human freedom and dignity. HON. JIM COSTA WORLD DAY OF REMEMBRANCE There remain governments who rule by fear. OF CALIFORNIA FOR ROAD CRASH VICTIMS AND There remain people held captive in their own IN THE HOUSE OF REPRESENTATIVES THEIR FAMILIES nation. Tuesday, November 17, 2009 Similarly, there are those who still warn that America ought not meddle in other countries Mr. COSTA. Madam Speaker, I rise today to HON. ROBERT WEXLER internal affairs. There are still those who cau- pay special tribute to a family farming oper- OF FLORIDA tion against disrupting bilateral relations. There ation whose owners exemplify the spirit of for- IN THE HOUSE OF REPRESENTATIVES titude, entrepreneurship, and advocacy dem- are still those who maintain that the desire for Tuesday, November 17, 2009 freedom and basic human rights is not uni- onstrated by so many of those who strive to versal. provide food and fiber to our great Nation. Mr. WEXLER. Madam Speaker, I rise today But the events of 20 years ago teach us Much has contributed to California’s bountiful in observance of the World Day of Remem- something very, very different. agriculture industry and economic well-being, brance for Road Crash Victims and their Fami- Ask the Sharanskys and Solzhenitsyns but one significant underlying factor in Califor- lies, which was observed on Sunday, Novem- whose lives in prison improved when leaders nia’s agricultural success has been the pres- ber 15, 2009, as well as to offer my heartfelt in the West spoke out on their behalf. Ask the ence of families such as the Errotabere family. condolences to all those who have lost loved thousands of East Berliners who, facing cer- A diversified family farming operation in Fres- ones to road crashes. tain death if caught, dug tunnels, constructed no County, Errotabere Ranches is being hon- The third Sunday in November was des- hot air balloons and built pulleys in their des- ored on November 18, 2009 in Fresno, Cali- ignated as World Day of Remembrance for perate attempts to escape a literal prison. fornia as the 2009 Baker, Peterson & Franklin Road Crash Victims by the United Nations There are lessons to be drawn from this an- Ag Business Award recipient. earlier this decade, and in support of this ef- niversary—lessons which must inspire our for- Though the Errotabere story didn’t begin in fort, both the House of Representatives and eign policy today. People yearn for freedom, the United States, the Errotabere family has Senate unanimously passed concurrent reso- they crave dignity. These things are not be- clearly added strength to the fabric of this lutions during the 110th Congress. This day stowed by the government and as such can- great Nation since coming to America. Jean allows us all to reflect upon the more than 1.3 not forever be denied by the government. Errotabere was born in a French-Basque vil- million people worldwide who die on the People are inspired by words. Dictators cower lage in France called Aldudez just two miles world’s roads each year, as well as the more when their lies are exposed. And seemingly from the Spanish-French border. He came to than 50 million who are injured. An estimated impenetrable regimes can find themselves on Riverdale, California in the late 1940s to work 44,000 of those deaths occur in the United ‘‘ash heap of history.’’ with his brother on their ranch which was States, and the global death and injury toll is f started in the late 1920s. Georgianne, a native rising precipitously. At the current rate of of Vancouver, Canada, also came to the Cen- growth, road crashes will be the fifth leading COMMENDING THE WINNERS OF tral Valley of California to look for work. While cause of death by the year 2030, rivaling the THE 2009 NOBEL PRIZE IN MEDI- waitressing at the Santa Fe Basque Res- top global health epidemics. CINE taurant in downtown Fresno, now known as Road crashes do not discriminate; they the Sheppard’s Inn, she met Jean Errotabere know no bounds of age, class, gender, race, HON. JOHN P. SARBANES and their life together began. nationality, or geography. Globally, more than OF MARYLAND Over the next 3 decades, their family and 40 percent of all road traffic deaths occur IN THE HOUSE OF REPRESENTATIVES their business continued to grow and at the among individuals under 25 years old, and time of Jean’s death, in 1979, their sons Dan, crashes are the leading cause of death for Tuesday, November 17, 2009 Jean and Remi, took over the ranch oper- children and young adults aged 10–25 years Mr. SARBANES. Madam Speaker, I would ations. Together with their wives Susan, Col- old. Over the next decade, this is estimated to like to commend the winners of the 2009 leen, and Maureen the Errotaberes have de- become the leading cause of death for chil- Nobel Prize in Medicine, particularly Dr. Carol veloped a diversified family farming operation dren 5 and older worldwide. W. Greider, a professor of molecular biology that now spans over 5,500 acres throughout In some African countries, up to half of all and genetics at Johns Hopkins University western Fresno County. Among the crops the hospital surgical beds are occupied by road School of Medicine, for discovering how chro- operation grows are almonds, pistachios, proc- crash victims, while in others the fatalities rank mosomes are protected by telomeres and the essing tomatoes, garlic, pima cotton, alfalfa, second only to HIV/AIDS. Here in the U.S., enzyme telomerase. The research of Dr. wheat, safflower, Romaine lettuce, processing road crashes are the leading cause of death Greider, along with her colleagues Dr. Eliza- onions, seed lettuce, cantaloupes and hon- for Hispanics under 34 years of age. The beth H. Blackburn and Dr. Jack W. Szostak, eydew melons. human cost of this problem is unfathomable: has created a greater understanding of how Errotabere Ranches has been actively in- 1.3 million deaths per year is the equivalent of chromosomes protect themselves from de- volved in Agricultural Organizations, Riverdale 10 jumbo jets crashing each day. grading when cells divide. This has unlocked schools, the Jordan College of Agriculture Road crashes also come at a great cost to mysteries about the human aging process and Sciences and Technology at California State the global economy. It is estimated that road will have an enormous impact on fighting can- University, Fresno and the Fresno County crashes cost $518 billion globally each year. cer and many other inherited diseases caused Farm Bureau. Errotabere Ranches President In developing countries, road crashes have a by telomerase defects. Dan Errotabere has been recognized and dramatic impact on their fragile economies, I applaud Dr. Greider’s outstanding achieve- praised as a crusader for agricultural water costing an estimated $100 billion, often ex- ment as it reflects many years of study and issues, including his role in negotiating the his- ceeding the total amount received by these

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27896 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 17, 2009 countries in development assistance. Further- with more than 8,000 blind or visually impaired No. 890 (on the motion to suspend the rules more, road crashes affect first responder owners. Additionally, many area families have and pass H.R. 3539), and ‘‘yes’’ on rollcall services, health care services, and health volunteered to rear generations of Seeing Eye vote No. 891 (on the motion to suspend the insurance services, as many victims require puppies—nurturing them to accomplish their rules and pass H.R. 3767). extensive, and expensive, critical care, as well special destiny. f as follow-up care and rehabilitation. In coun- Twelve times every year, up to 24 visually H. RES. 866, VETERANS HISTORY tries where a primary bread winner is killed or impaired students from the United States and PROJECT injured, or must care for the injured, this can Canada come to Morristown to enter a twenty- destroy livelihoods and devastate commu- seven day instructional program and are nities. matched with a dog. The instruction includes HON. RON KIND Road crashes are predictable and can be traveling through high traffic and residential OF WISCONSIN prevented, however, and America is playing a streets, shopping malls, and bus routes. Upon IN THE HOUSE OF REPRESENTATIVES critical, active role domestically and inter- the completion of the program, the graduates Tuesday, November 17, 2009 nationally to address this epidemic. Earlier this are able to safely navigate their hometowns Mr. KIND. Madam Speaker, I rise today in year, the Congressional Caucus on Global with the support of their Seeing Eye dogs. In support of House Resolution 866 which en- Road Safety, which I am privileged to co-chair fact, most every day on Morristown streets, courages the designation of a National Vet- along with Congressman CHRIS VAN HOLLEN The Seeing Eye trainers, students and their erans History Project Week. This resolution of Maryland and Congressman DAN BURTON of remarkable dogs can be seen training where encourages increased public participation in Indiana, introduced House Concurrent Resolu- pedestrians and drivers alike respect their the Veterans History Project. tion 74, supporting a decade of action for road presence. The Seeing Eye also provides fol- As you may know, the Veterans History safety with a global target to reduce by 50 low-up care and even visit graduates’ home to Project collects and saves the stories of Amer- percent the predicted increase in global road aid them in adjusting to their new accessibility ica’s veterans who have bravely served this deaths between 2010 and 2020. This resolu- to their environments. country from World War I to today’s conflicts tion also urged the Obama Administration to Today, The Seeing Eye is a pioneer in ca- in Iraq and Afghanistan. This project provides take a leadership role at the First Ministerial nine genetics and medical research. It also Americans an important way to honor our sol- Conference on Road Safety, to be held in advocates for the concerns of those with vis- diers: by preserving the story of their service, Moscow later this week. The House of Rep- ual impairments—such as pedestrian safety in their own words, for the use and benefit of resentatives heeded the call to action on road and the dangers of quiet cars—by working future generations. safety and achieved a significant step toward with legislators, writing letters on behalf of In 2000, I authored and Congress unani- reversing the increase in road deaths and inju- those experiencing discrimination, and re- mously passed legislation creating the Vet- ries by unanimously passing H. Con. Res. 74 searching technologies to make crosswalks erans History Project. Since its inception, the on September 23 of this year. safer. project has collected more than 66,000 stories As more Americans travel abroad and more Madam Speaker, for the past 80 years, The and documents. In addition, the Veterans His- of our college students participate in study Seeing Eye has provided an unprecedented tory Project was honored by Harvard Univer- abroad programs in developing countries, service to the blind and visually impaired com- sity as one of the finalists for the Innovations many of them will be at risk of injury or death munity, and I hope it can continue its invalu- in American Government Award competition in due to hazardous road conditions. Now is the able service for many years to come. I urge 2005. time to foster the courageous initiatives build- you, Madam Speaker, and my colleagues to Since the beginning of our Nation, the sol- ing around the world to keep our citizens and join me in congratulating all of those involved diers, sailors, airmen, and marines of the our loved ones safe, and Madam Speaker, as with The Seeing Eye on its 80th Anniversary. Armed Forces have been called on to risk we commemorate World Day of Remem- f their lives and fight for the ideals that make brance for Road Crash Victims this year and America great. Regardless of what one thinks look forward to the First Global Ministerial PERSONAL EXPLANATION about the wars that they fought in, all Ameri- Conference on Road Safety in Moscow later cans must agree that the men and women of this week, I urge my colleagues to work with HON. J. GRESHAM BARRETT our Armed Forces have responded to the call the Obama Administration toward enacting OF SOUTH CAROLINA of their country and performed with honor and meaningful policy reform, both at home and IN THE HOUSE OF REPRESENTATIVES dignity. War veterans and the civilians who abroad. have supported them all across this Nation Tuesday, November 17, 2009 f have stepped forward once again, this time Mr. BARRETT of South Carolina. Madam answering the call of civic duty by recording CELEBRATING 80 YEARS OF SERV- Speaker, unfortunately, I missed the following their stories and contributing personal docu- ICE OF THE SEEING EYE IN MOR- recorded votes on the House floor on Monday, ments for the Veterans History Project. Their RISTOWN, NEW JERSEY November 16, 2009. participation ensures that their accounts are Had I been present I would have voted recorded and preserved, becoming a part of HON. RODNEY P. FRELINGHUYSEN ‘‘aye’’ on rollcall vote No. 889, on motion to this Nation’s memory and history. OF NEW JERSEY suspend the rules and agree to S. 1314; ‘‘aye’’ By passing this resolution today, we can en- IN THE HOUSE OF REPRESENTATIVES on rollcall vote No. 890, on motion to suspend courage more participation in this important the rules and agree to H.R. 3539; ‘‘aye’’ on program and ensure that this vital collection of Tuesday, November 17, 2009 rollcall vote No. 891, on motion to suspend the American history continues to grow even fur- Mr. FRELINGHUYSEN. Madam Speaker, I rules and agree to HR. 3767. ther. Capturing the stories of our war veterans rise today to honor the very dedicated employ- f is more important now than ever before. We ees, volunteers, and graduates of The Seeing are losing more than 1,700 veterans every day Eye in Morristown, New Jersey, on their 80 PERSONAL EXPLANATION and with them, their firsthand accounts of that years of service. war. It is imperative that we capture the sto- Dorothy Harrison Eustis and Morris Frank HON. ADAM SMITH ries and personal histories of those veterans had a dream to make the world completely ac- OF WASHINGTON before it is too late. The Veterans History cessible to the blind and visually impaired, and IN THE HOUSE OF REPRESENTATIVES Project is instrumental in accomplishing this in 1929, The Seeing Eye was established to important goal. make their dream a reality. Since its inception, Tuesday, November 17, 2009 I call upon all members of this body to pub- The Seeing Eye has enhanced the independ- Mr. SMITH of Washington. Madam Speaker, licize and promote the Veterans History ence and self-confidence of the blind and vis- on Monday, November 16, 2009, I was unable Project in their own districts and communities. ually impaired. The Seeing Eye pioneered the to be present for recorded votes. Had I been I cannot think of a better way to honor our vet- use of dogs to guide the blind, and today, the present, I would have voted ‘‘yes’’ on rollcall erans than by trying to preserve as many of organization has successfully trained over vote No. 889 (on the motion to suspend the their memories and stories as possible. I urge 15,000 Seeing Eye dogs and matched them rules and pass S. 1314), ‘‘yes’’ on rollcall vote my colleagues to support this measure.

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD November 17, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 27897 IN HONOR OF DR. ANGELO 100TH ANNIVERSARY OF THE now the heart of Saint Paul’s, the church has ARMENTI, JR. SAINT PAUL’S BAPTIST CHURCH multiple locations throughout Greater Rich- mond including the Marshall Avenue facility, HON. JOHN P. MURTHA HON. ROBERT C. ‘‘BOBBY’’ SCOTT which is under development to become a per- OF VIRGINIA forming arts center. Saint Paul’s has been OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES such a positive spiritual influence on the Rich- IN THE HOUSE OF REPRESENTATIVES Tuesday, November 17, 2009 mond community that since 2005, two church- Tuesday, November 17, 2009 es faced with the prospect of selling their Mr. SCOTT of Virginia. Madam Speaker, I property on the open market elected instead Mr. MURTHA. Madam Speaker, I rise today rise today to celebrate the enduring legacy of to honor Dr. Angelo Armenti, Jr., the president to give their physical plants to Saint Paul’s to a faith institution in the city of Richmond. On help expand its ministry. The church’s dedica- of California University of Pennsylvania. His Saturday, November 28, 2009, The Saint dedication to education as a professor, dean tion to ‘‘finding needs and meeting them, find- Paul’s Baptist Church will celebrate its 100th ing hurts and healing them, finding problems and university president, in addition to his anniversary, and in recognition of this mile- commitment to philanthropy, has had a great and solving them’’ has made it an stone I would like to take a moment to reflect indispensible institution of faith in the Greater impact on the people of Pennsylvania. on the history of this esteemed church and its Richmond area. Dr. Armenti received his Bachelor of contributions to the greater Richmond commu- I would like to commend Pastor Watson and Science in Physics from Villanova University nity. the congregation of The Saint Paul’s Baptist and his Master’s and Ph.D. from Temple Uni- The Saint Paul’s Baptist Church began, fit- Church as they celebrate their 100th anniver- versity in Special Relativity and General Rel- tingly, on Thanksgiving night in 1909, when a sary. I hope that their next 100 years of serv- ativity, respectively. He returned to Villanova group of congregants of First Union Baptist ice will be as fruitful as their first 100 years. as a professor where he remained for 20 Church received a letter of release to form years. He subsequently became chair of the their own Church. The newly organized f physics department, Dean of University Col- Church elected Rev. George Pinkney as its OUR UNCONSCIONABLE NATIONAL lege, and Director of Planning at Villanova. first Pastor. Reverend Pinkney’s years were DEBT Over the course of his career, Dr. Armenti dedicated to establishing the new parish on a received the Lindback Foundation Award for firm footing. Under his leadership, the first HON. MIKE COFFMAN Distinguished Teaching and in 1992 was one sanctuary with a seating capacity greater than OF COLORADO of only 32 individuals in the nation named an 50 was constructed on Botetourt Street. American Council on Education Fellow. He The Saint Paul’s family grew considerably in IN THE HOUSE OF REPRESENTATIVES has published many journal articles and the a short period of time under Reverend Tuesday, November 17, 2009 Pinkney and the church’s second pastor and book, The Physics of Sports. Mr. COFFMAN of Colorado. Madam Speak- Madam Speaker, on May 19, 1992, Dr. Reverend Pinkney’s son, Timothy Pinkney. During the service of Saint Paul’s third pastor, er, this morning our national debt was Armenti became the 6th president of California $12,031,299,186,290.07. I should note this is University of Pennsylvania. Since then, appli- Rev. Isaiah Hines (1913–1928), a second sanctuary was built that accommodated the the first time the debt has broken the 12 trillion cations have increased by 90 percent, the av- level. We have added $39,792,309,877.00 to erage SAT score rose by 95 points and four- growing church’s 200 worshippers. Saint Paul’s underwent significant change the national debt since yesterday. year graduation rates rose by 80 percent. The under the leadership of their fourth and long- On January 6th, 2009, the start of the 111th university adopted new academic programs, a est serving pastor, Rev. Journey A. Mosby. Congress, the national debt was general education curriculum, the University During his 40 year tenure, the church ex- $10,638,425,746,293.80. Bill of Rights and Responsibilities, and a new panded its commitment to the development of The national debt has increased by governance structure. young people, especially aspiring theological $1,392,873,439,996.27 so far this year. During his tenure as president, California students from nearby Virginia Union Univer- According to the non-partisan Congressional University has constructed new buildings in- sity. Reverend Mosby was also responsible for Budget Office, the forecast deficit for this year cluding the Eberly Science and Technology many ministries that still exist in the church is $1.6 trillion. That means that so far this Center, the Kara Alumni House, the Duda today. A new building was once again needed year, we borrowed and spent $4.4 billion a Classroom Building and six residence halls, as to accommodate the growing congregation. day more than we have collected, passing that well as renovating several older structures. Reverend Mosby launched an expansion cam- debt and its interest payments to our children This construction significantly enhanced the paign on Thanksgiving Day 1950 and by 1957, and all future Americans. educational and living environments of Cali- the church was able to buy an existing facility f fornia University. It also created two major off- on the corner of 26th and Marshall Streets in PERSONAL EXPLANATION campus sites at the Southpointe Business the Church Hill neighborhood. This served as Park in Canonsburg and at the Regional En- the Church’s home for 45 years, and the Par- terprise Tower in downtown Pittsburgh. ish House is now listed on the National Park HON. SUSAN A. DAVIS The Washington County Community Foun- Service’s National Register of Historic Places. OF CALIFORNIA dation named Dr. Armenti and his wife, Mrs. The Church’s fifth pastor, Rev. James IN THE HOUSE OF REPRESENTATIVES Barbara Armenti, the 2009 Philanthropists of Leary, was installed in 1969. Under his direc- Tuesday, November 17, 2009 the Year for the scholarships they established tion, the Saint Paul’s Baptist Federal Credit at California University and for developing a Union, the Saint Paul’s Housing Corporation, Mrs. DAVIS of California. Madam Speaker, philanthropic atmosphere throughout the the Saint Paul’s Manor, and the J.A. Mosby I was absent for three rollcall votes on Mon- school and community. Dr. & Mrs. Armenti Scholarship fund were all initiated. day, November 16, 2009. Had I been present, have inspired many students to serve their Saint Paul’s sixth and current pastor is Rev. I would have voted ‘‘yea’’ on rollcall vote Nos. communities. Lance Watson, installed in 1985. Under his 889 and 890, and ‘‘aye’’ on rollcall vote No. In addition, Dr. Armenti serves the edu- leadership, Saint Paul’s has continued to 891. The items of legislation I would have cational field by working with the Commission thrive and expand. Over the last 30 years, the voted on are as follows: on Higher Education of the Middle States As- congregation has grown to over 12,000 mem- Yea on S. 1314—A bill to designate the fa- sociation of Colleges and Schools. He also bers. The church has instituted many more cility of the United States Postal Service lo- serves southwestern Pennsylvania as the ministries including a bookstore, multiple cated at 630 Northeast Killingsworth Avenue Campaign Chair and President of the Mon schools, a counseling service, a community in Portland, Oregon, as the ‘‘Dr. Martin Luther Valley United Way. Madam Speaker, I con- development corporation, and a media com- King, Jr. Post Office’’. clude my remarks by commending Dr. Angelo pany that produces weekly recordings of Saint Yea on H.R. 3539—To designate the facility Armenti, Jr. for his lifelong dedication to edu- Paul’s services and broadcasts them nation- of the United States Postal Service located at cation and philanthropy. I wish him the best as ally. 427 Harrison Avenue in Harrison, New Jersey, he continues to serve his students and the In 2002, the Church moved into its present as the ‘‘Patricia D. McGinty-Juhl Post Office people of Pennsylvania. facility on Creighton Road. Although this is Building’’.

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27898 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 17, 2009 Aye on H.R. 3767—To designate the facility Edward Rudofsky; with his grandchildren and many immigrant fathers and families to seek a of the United States Postal Service located at their spouses, Lee Rudofksy, Gayle Rudofsky, better life for their children. Thanks to Aquilino 170 North Main Street in Smithfield, Utah, as Steven Fein, Leonard Fein, Dr. Samual we know that the greatest inheritance a child the ‘‘W. Hazen Hillyard Post Office Building’’. Sharmat, Soraya, Juliana and Alissa; and with can receive is a father’s sense of values and f his great grandchildren, Ethan Fein, Jim Fein, compassion for others. I am certain I speak for and Sophia Sharmat. the entire House in extending our heartfelt RECOGNIZING THE 100TH Madam Speaker, I call on all my colleagues sympathy to Aquilino’s wife Ampelia and his BIRTHDAY OF MORRIS FEIN in the House of Representatives to rise and daughters Albertina, Blanca and Gladys. join me now in extending our congratulations f HON. GARY L. ACKERMAN to Morris Fein on the grand occasion of his OF NEW YORK 100th birthday. LIEUTENANT COLONEL JUANITA WARMAN IN THE HOUSE OF REPRESENTATIVES f Tuesday, November 17, 2009 IN HONOR OF AQUILINO ZARAZU´ A HON. C. A. DUTCH RUPPERSBERGER Mr. ACKERMAN. Madam Speaker, I rise OF MARYLAND today in recognition of the 100th birthday of HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES Morris Fein on Saturday, November 28, 2009. OF CALIFORNIA Tuesday, November 17, 2009 Morris Fein is more than a friend; he is an IN THE HOUSE OF REPRESENTATIVES inspiration and a living testament to the Amer- Mr. RUPPERSBERGER. Madam Speaker, I Tuesday, November 17, 2009 ican Dream. rise before you today to honor the life of Lieu- Frank and Kate Feintuch migrated from Po- Mr. FARR. Madam Speaker, I rise today to tenant Colonel Juanita Warman who died hon- land and arrived at Ellis Island aboard the honor the memory of Aquilino Zarazu´a of Car- orably serving her country. Polonia in 1911 with two-year-old Morris. A mel Valley, California. Aquilino was an extraor- Since 2008, LTC Warman has volunteered product of the New York City public school dinary man whose infectious smile and peace- with the Maryland National Guard’s reintegra- system, Morris began his education at PS 13 ful demeanor comforted all those who came tion program, a program designed to help sol- and graduated from Stuyesant High School at into contact with him. Aquilino passed away diers returning from Iraq and Afghanistan with the age of 16. Becoming the first member in on September 12, 2009, at age 91, leaving a variety of issues. She served a year over- his family to graduate both high school and behind an inspiring success story for many im- seas at Landstuhl Regional Medical Center in college, Morris obtained his Bachelors Degree migrant families to emulate. Germany, the Army facility where those in- in History from the City College of New York Aquilino was born on January 4, 1918, in jured in Afghanistan and Iraq are treated be- and graduated with a commission as Second the small town of Santa Catarina, Guanajuato, fore being sent stateside for further medical Lieutenant of the ROTC. in central Mexico. When Aquilino was quite care. She regularly volunteered for round-trip In 1936, Morris met and married Vera Roth- young, his mother passed away leaving six flights to Iraq to care for soldiers being sent to man, with whom he celebrated his seventy- children without their mother. Aquilino was the Landstuhl. Warman was preparing for deploy- second wedding anniversary in 2008 before eldest sibling and so he became his father ment to Iraq at the time of her death. her passing. Morris and Vera lived in Astoria, Quintil’s trusted companion in raising the fam- A graduate of the University of Pittsburgh, Queens, in a one-bedroom apartment. They ily. Aquilino eventually left Santa Catarina to Warman was a certified psychiatric nurse not only raised their three children—Sheldon, search for other opportunities in neighboring practitioner whose military career spanned Benjamin and Roselyn—there, but Morris also towns and cities and years later made his way more than two decades in active duty and operated his tax practice from the apartment to the United States. Army reserves. Prior to her exceptional work on the weekends. In 1954, the family moved In 1945 Aquilino arrived in Chualar, Cali- with the Maryland National Guard, LTC to a three-bedroom single-family home in fornia, as part of the Bracero or guest worker Warman had a civilian practice at University of Flushing, Queens. program. The work was arduous and stren- Pittsburgh Medical Center. She was an expert To support his family, Morris worked in ex- uous but Aquilino was determined to per- in post-traumatic stress disorder and traumatic cess of sixty hours per week, holding at min- severe and succeed. Aquilino would often brain injury. Warman also worked at a Vet- imum three jobs at any given time. For over state that he would never return to his home erans Administration facility in Perryville, Mary- 40 years he served as an Investigator/Inspec- town in worse shape than when he left; to do land. tor for the New York State Department of Agri- so would be shameful. Later Aquilino would I commend LTC Warman for her extraor- culture, spearheading many investigations of travel to Jalisco, Mexico, with his friend Angel dinary commitment to both our country and major consequence in the Jewish and secular De Leo´n, the cook from the labor camp. Some her fellow service members. She touched the communities throughout New York State. time thereafter Aquilino decided to marry the lives of many due to her outstanding sense of Through out his life, Morris has always cook’s daughter, Ampelia De Leo´n. volunteerism, unwavering bravery, and dedica- strongly identified with his Jewish heritage. A Aquilino and Ampelia had three daughters in tion to making a difference. strong believer in ‘‘giving back’’ to the commu- the United States, all of whom graduated from Madam Speaker, I ask that you join with me nity, he played a vital role in creating and college. Aquilino instilled in his daughters the today to honor the life of Lieutenant Colonel maintaining the Queensborough Hill Jewish value of a formal education and was extremely Juanita Warman. The distinguished service Center, a house of worship and education for proud to attend their college graduations. One Lieutenant Colonel Warman has shown to our his community. He served as a member of the of his biggest fears was that his daughters country will forever reverberate in our memo- Executive Board and Board of Trustees, in- would be relegated to toiling in agricultural ries. It gives me great pride to honor one of cluding President and Treasurer, at the Syna- fields or undertaking menial labor to earn a liv- our nation’s fallen heroes. gogue. He also served as the long-term Finan- ing. He taught them that a formal education f cial Secretary and then President of the was the only path out of the poverty and lim- Hrubishower Sick & Benevolent Society; and ited employment options which many immi- RECOGNIZING THE COURAGE AND was a member of the Queensborough Hill grant families had endured. STRENGTH OF MICHAEL BREWER Synagogues Men’s Club. Aquilino could speak little English, yet he After suffering a hip injury in 2002, Morris was precise in communicating his thoughts HON. ALCEE L. HASTINGS and his wife moved to an independent living and feelings. His generous and sincere smile OF FLORIDA facility in Huntington Terrace, NY, where he would always welcome you and make you feel IN THE HOUSE OF REPRESENTATIVES currently resides. A member of the South Hun- significant and strong. Aquilino will be remem- tington Jewish Center in Melville, he serves as bered for his gentle manner and honesty; his Tuesday, November 17, 2009 President of the ‘‘Residents Board’’ at Hun- devotion to his family and friends; and his Mr. HASTINGS of Florida. Madam Speaker, tington Terrace/Brandywine Senior Living. keen ability to impart compassion and under- I rise today to honor 15-year-old Michael Morris will be celebrating his 100th birthday standing to everyone he met. Brewer of Deerfield Beach, Florida, whose with his children, Sheldon, Benjamin and his Madam Speaker, Aquilino Zarazu´a has left courage and strength defy the atrocious attack wife Judy Sharmat, Roselyn and her husband a legacy in Monterey County and has inspired he has endured. Michael sustained burns to

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While each gia’s combined exports to Canada and Mexico Shelton, 15; and Jesus Mendez, 15; sur- country’s parliament must now ratify these have increased by 194 percent and since rounded Michael in the parking lot of Limetree protocols, we should acknowledge the signifi- entry into force of the U.S.-Chile Agreement in Village Apartments, poured rubbing alcohol on cant progress for these two neighbors. 2004, the State’s exports to Chile have grown him, and set him on fire with a lighter. Led by The U.S. administrations of the past, as well 93 percent. Bent, the bullies sought him out and terrorized as the current Obama administration, all sup- I encourage President Obama to keep these him for not paying back $40 borrowed to buy port the diplomatic discussions between Tur- numbers—these numbers that represent real a video game. Michael had called the police key and Armenia. I want to commend both jobs for real Americans—in mind when he the night before the encounter when Bent at- countries as they move this historic agreement shakes hands with President Lee tomorrow. tempted to steal a $500 custom bike from Mi- through their respective parliaments. f chael’s father at their home. f I am truly shocked and outraged by this hei- GUANTANAMO DETAINEE TRANS- KOREA-UNITED STATES FREE nous crime. Michael still remains in critical FER IMPACT ASSESSMENT ACT TRADE AGREEMENT condition at the University of Miami-Jackson Memorial Hospital Burn Center and will have HON. MARK STEVEN KIRK to endure a long and painful recovery process. HON. LYNN A. WESTMORELAND OF ILLINOIS A 7th grader at Deerfield Beach Middle OF GEORGIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES School, he has since received hundreds of Tuesday, November 17, 2009 Tuesday, November 17, 2009 cards and letters of support from fellow class- Mr. KIRK. Madam Speaker, recently, the ad- mates and well-wishers from around the world. Mr. WESTMORELAND. Madam Speaker, ministration announced it may move up to 215 My thoughts and prayers go out to Michael, when President Obama meets tomorrow with Al Qaeda terrorists to Illinois. This proposal his family, and friends during this most difficult South Korean President Lee Myung-bak, I en- imposes an unnecessary new risk. We should time. It is heartening to hear that Michael’s courage him to express his strong support for slow down and answer basic questions. first surgery went well and that his doctors are the Korea-U.S. Free Trade Agreement. The facility is only 22 miles from a nuclear cautiously optimistic about his recovery. Deepening the important economic ties be- reactor. What precautions are taken? In addition, I want to commend the South tween our countries benefits both sides. Al- Commissions will be in Illinois—how will we Florida community for coming together to raise ready, Georgia does billions of dollars in trade protect the families of judges and jurors? money in order to help the Brewer family pay with Korea each year. For Georgians in the We learned yesterday that two-thirds of the for Michael’s medical expenses. During these 3rd Congressional District, this relationship jobs claimed will be active-duty military. The difficult economic times, these Floridians have with Korea has yielded tangible benefits: thou- Bureau of Prisons will hire no one over 37 shown their true colors by extending a helping sands of good-paying jobs. years old and will hire nationwide, not just Illi- hand to a neighbor in need. In particular, I Korean automaker Kia has opened up a nois. would like to recognize Neighbors 4 Neighbors production facility in West Point, GA, and The United States spent more than $50 mil- for raising more than $10,000 for Michael, and eventually will employ nearly 2,500 people in lion to build the state-of-the-art Guantanamo Broward Sheriff’s detective Joe Kessling for a region devastated by textile mill closings Bay detention facility to keep terrorists from his leadership and community activism. over the past 30 years. New jobs are always U.S. soil. Al Qaeda terrorists should stay Madam Speaker, we must stop the dan- welcome, but they’re a lifesaver for many where they cannot endanger Americans. gerous values of bullying and violence from Georgia families as our State suffers with an Today I introduced the Guantanamo De- being perpetuated in our schools and commu- unemployment rate above 10 percent. tainee Transfer Impact Assessment Act of nities. Young people like Michael deserve a The plant will have a $6.5 billion economic 2009. My legislation prohibits the transfer of safe educational environment in which they impact on the local economy, creating up to terrorists held at Guantanamo Bay to any lo- can reach their full potential and become re- 20,000 new jobs as a result. Direct Korean in- cation in the United States unless the Presi- spectful, contributing members of our society. vestment is bolstering our economy and pay- dent presents to the State’s legislature a f ing the bills for thousands of families in west ‘‘Homeland Insecurity Impact Statement’’ con- Georgia. TWO NEIGHBORS COME TOGETHER ducted by the Government Accountability Of- Lowering trade barriers between South fice, in consultation with the Inspectors Gen- Korea and the United States will produce eral of the Department of Homeland Security, HON. STEVE COHEN more positive outcomes like the Kia plant for Federal Bureau of Investigation, and Office of OF TENNESSEE communities throughout this nation. Not only the Director of National Intelligence, and the IN THE HOUSE OF REPRESENTATIVES will American consumers benefit from cheap- legislature then approves the transfer by a Tuesday, November 17, 2009 er, duty-free products from Korea, but also majority vote. American businesses will sell more of our I encourage my colleagues to join me in en- Mr. COHEN. Madam Speaker, for almost products in the Korean market. suring that a thorough threat and risk assess- two decades, the Republics of Turkey and Ar- In 2007, Georgia businesses exported $397 ment is conducted and shared with the elected menia have been meeting to discuss a path- million worth of goods to Korea. Removing tar- representatives of the American people before way for normalization of relations. These diplo- iffs on U.S. goods, particularly those com- any terrorist from Guantanamo Bay is brought matic discussions were not easy and often in- peting against protected Korean industries, to the United States. volved complicated multi-dimensional implica- could significantly increase that number. Agri- f tions. However, on October 10th, the two culture remains my State’s No. 1 industry and neighbors signed a historic rapprochement, a KORUS FTA would eliminate tariffs and bar- EARMARK DECLARATION ceremony which was followed around the riers to Georgia farm products such as pea- globe. nuts, poultry and cotton. HON. AARON SCHOCK In the two protocols signed, the two nations Madam Speaker, for my constituents in OF ILINOIS agreed to establish diplomatic relations, nor- Georgia’s 3rd Congressional District, the IN THE HOUSE OF REPRESENTATIVES malize their bilateral relations in all aspects, KORUS FTA isn’t some academic lecture with open their border and create a framework to line graphs. For Georgians, the benefits are Tuesday, November 17, 2009 determine their joint history. This agreement tangible and observable. For the people in Mr. SCHOCK. Madam Speaker, in accord- would not only bring stability to the region, it West Point, GA, Korean economic investment ance with the Republican adopted standards will also provide an example for other nations means jobs. Good jobs. Lots of jobs. on earmarks, I submit the below detailed ex- to come together to resolve their past dis- The Congress has dragged its feet on pass- planation to Replace a Combined Sewer in putes. ing this trade deal even though we’ve seen Peoria, Illinois.

VerDate Mar 15 2010 15:38 May 25, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E17NO9.000 E17NO9 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 27900 EXTENSIONS OF REMARKS, Vol. 155, Pt. 20 November 17, 2009 Bill Number: H.R. 2996—Department of the the Hampshire County Commission on Aging League of Women Voters of Virginia has con- Interior, Environment, and Related Agencies after 35 years; 25 served as board chairman. tinued to expand its involvement and increase Appropriations Act, 2010 Arno Hott was born in Kirby, WV, on No- the involvement and participation of women in Provisions/Account: STAG Water and vember 13, 1924. On his 85th birthday we many areas including candidate and issue in- Wastewater Infrastructure Project honor him for all the work he has done for formation, voting guides and laws, advocacy Name and Address of Requesting Entity: Hampshire County. His wife, Dorothy, and four and public issues. There are now 12 local entity to receive funding for this project is the children should be extremely proud as Arno leagues and three Member at Large Units in City of Peoria, located at 419 Fulton Street, was one of the first board members on the the Commonwealth of Virginia, all of which Peoria, Illinois 61602. Commission on Aging. What started with just continue the work of involving women and en- Description of Request: This project is in- three employees has grown to employ 110 suring that their voices are heard. tended to control combined sewer overflows people, making it among the top ten employ- The League of Women Voters of Virginia along Spring Street. This is part of a larger ers in Hampshire County. understands and promotes the fact that when community initiative which the City of Peoria We honor him for his time with the Commis- women are informed, they become engaged; has committed $127 million towards. sion on Aging, but his service to Hampshire when they become engaged, they vote; and f County reaches much further. A graduate of when women vote, they get results. Shepherd College, Arno taught in Hampshire Madam Speaker, I ask my colleagues to join A TRIBUTE TO THE COAST GUARD County Schools for 36 years. He is very active me in congratulating the League of Women AND MARINE CORPS PILOTS AND with the community choir, the county fair, as Voters of Virginia on the occasion of this anni- CREWMEMBERS LOST ON OCTO- well as the Ruritan Club, where he has been versary and also to thank the League of BER 29, 2009 a member for 50 years. An instrumental part Women Voters of Virginia for their tireless in starting a day care for seniors, Arno’s in- work on behalf of the citizens of the Common- HON. DANIEL E. LUNGREN volvement in the community has benefited so wealth of Virginia. OF CALIFORNIA many and it is only right he receive acknowl- f IN THE HOUSE OF REPRESENTATIVES edgement in return for all his public service. Tuesday, November 17, 2009 Having received the Distinguished West Vir- HONORING THE 100TH ANNIVER- SARY OF LOCAL 360 OF THE Mr. DANIEL E. LUNGREN of California. ginian Award from four different Governors as well as the Outstanding West Virginian Award, UNITED ASSOCIATION OF Madam Speaker, I rise today to pay tribute to PLUMBERS AND GASFITTERS the Coast Guard and Marine Corps pilots and it is an honor to recognize Arno Hott. It says crewmembers lost off the coast of California great things about West Virginia to have peo- on October 29, 2009. ple like you representing our great State. HON. JERRY F. COSTELLO On the evening of October 29, 2009, a f OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Coast Guard C–130 based out of Sacramento IN RECOGNITION OF THE 100TH AN- in California’s Third Congressional District was NIVERSARY OF THE EQUAL SUF- Tuesday, November 17, 2009 suspected to have collided with a Marine FRAGE LEAGUE AND THE Mr. COSTELLO. Madam Speaker, I rise Corps AH–1W Super Cobra. LEAGUE OF WOMEN VOTERS OF today to ask my colleagues to join me in hon- The following crew members of the Coast VIRGINIA oring the 100th anniversary of Local 360 of Guard C–130 are missing and presumed to the United Association of Plumbers and have lost their lives in the line of duty: Lt. Gasfitters, headquartered in Collinsville, Illi- Cmdr. Che J. Barnes of Capay, California; Lt. HON. GERALD E. CONNOLLY nois. Adam W. Bryant, of Crewe, Virginia; Chief OF VIRGINIA The Plumbers and Gasfitters Local 360 was Petty Officer John F. Seidman of Stockton, IN THE HOUSE OF REPRESENTATIVES chartered in 1909 in East St. Louis, Illinois. California; Petty Officer 2nd Class Carl P. Tuesday, November 17, 2009 Situated on the Mississippi River, across from Grigonis of Mayfield Heights, Ohio; Petty Offi- Mr. CONNOLLY of Virginia. Madam Speak- St. Louis and with a number of rail lines pass- cer 2nd Class Monica L. Beacham of er, I rise today to recognize the 100th anniver- ing through it, the East St. Louis area early in Decaturville, Tennessee; Petty Officer 2nd sary of Equal Suffrage League and its suc- the 20th Century was developing into a major Class Jason S. Moletzsky of Norristown, cessor organization, the League of Women industrial center. With commercial and resi- Pennsylvania; and Petty Officer 3rd Class Voters of Virginia. dential development booming as families Danny R. Kreder II, of Elm Mott, Texas. On November 20, 1909, at 4:00 in the after- came to the region in search of work in the The following crew members of the Marine noon, a meeting was held in the Richmond factories and stockyards, there was a need for Corps helicopter are missing and presumed to home of Mrs. Anne Clay Crenshaw. The pur- skilled labor and for unions to represent those have lost their lives in the line of duty: Maj. pose of this meeting was to lay the ground- workers. Samuel Leigh of Kennebec, Maine, and 1st Lt. work for an organization that would dedicate Under the original charter, Local 360 rep- Thomas Claiborne of Douglas, Colorado. its efforts to the women’s suffrage movement resented plumbers, steamfitters, gasfitters, Today we consider House Resolution 891, in Virginia. This organization was called the and steamfitter helpers. The original officer which expresses the gratitude of the House of Equal Suffrage League (ESL). was William J. Stewart, who served as sec- Representatives for the service to our Nation The ESL was not the first organization retary for the new local until November 20, that these pilots and crewmembers provided, formed in Virginia with the goal of granting 1909. and extends its condolences to their family, voting rights to women; at least two and per- Local 360 has grown through the years and friends, and loved ones. I also thank the men and women of the haps three other organizations had been now represents 230 members in Madison and Coast Guard and Marine Corps on behalf of formed in prior years between 1870 and 1900. St. Clair counties. In addition to providing a my fellow Californians for the untold impact But where the prior organizations faded, the strong voice for its members and providing the that they have had on the security of our Equal Suffrage League was able to maintain highest quality of labor, Local 360 also is com- home. its passion and direction and continue the bat- mitted to giving back to the communities tle for women’s suffrage. where its members live and work. The Local f The Nineteenth Amendment granting provides support for a number of charitable or- ARNO HOTT women the right to vote was ratified in August, ganizations, such as the Shriners, Salvation 1920. Mrs. Anne Clay Crenshaw, at whose Army and the Special Olympics. HON. SHELLEY MOORE CAPITO home the first ESL was held, wasted no time In 1994, Local 360 moved its headquarters OF WEST VIRGINIA and registered to vote just days later on Sep- to Collinsville, Illinois. Current leadership is IN THE HOUSE OF REPRESENTATIVES tember 9, 1920. provided by William Hayes, business man- On November 20, 1920, exactly 11 years ager/financial secretary-treasurer; Matthew Tuesday, November 17, 2009 after its founding, the Equal Suffrage League Popov, recording secretary; Paul Koehne, Mrs. CAPITO. Madam Speaker, I rise today officially changed its name to the League of president; and Thomas Kowalski, vice presi- to honor Arno Hott, who is stepping down from Women Voters of Virginia. Since that time, the dent. Through their continued commitment to

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