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

Vol. 155 WASHINGTON, MONDAY, NOVEMBER 2, 2009 No. 161 House of Representatives The House met at 12:30 p.m. and was they should be fearful. And I believe who wrote a 1,990-page health care bill called to order by the Speaker pro tem- that the greatest fear that we all which is very difficult to read. pore (Ms. EDWARDS of Maryland). should have to our freedom comes from Page 1183—section 1904 provides $750 million in Federal funding for a new f this room, this very room, and what may happen later this week in terms of entitlement program to offer, quote, DESIGNATION OF SPEAKER PRO a tax increase bill masquerading as a knowledge of realistic expectations of TEMPORE health care bill. I believe we have more age-appropriate child behaviors and The SPEAKER pro tempore laid be- to fear from the potential of that bill skills for parents to interact with their fore the House the following commu- passing than we do from any terrorist child. nication from the Speaker: right now in any country. Page 1255—sections 2231–2235 makes In order to help explain some of why veterinary students eligible for up to WASHINGTON, DC, $283 million in Federal scholarship and November 2, 2009. we should be fearful, the Republican student loan forgiveness funding. I hereby appoint the Honorable DONNA F. Conference has gone through Speaker Page 1432—section 2531 provides in- EDWARDS to act as Speaker pro tempore on PELOSI’s bill—tax bill masquerading as this day. a health care bill—and brought out centive payments to States that enact NANCY PELOSI, some pertinent points page by page; new medical liability laws—but only if such laws, quote, do not limit attor- Speaker of the House of Representatives. and I want to share some of those with f neys’ fees or impose caps on damages. people. One of the good things that’s We need medical liability reform. MORNING-HOUR DEBATE happened this year is that people have This bill will prevent that from hap- learned they can read these bills and The SPEAKER pro tempore. Pursu- pening. It’s a bad bill. The American become familiar with them themselves, people should be frightened of it. ant to the order of the House of Janu- so they don’t need us to tell them, but ary 6, 2009, the Chair will now recog- it may help to point to specific pages. f nize Members from lists submitted by Page 94—section 202(c) prohibits the OUR NATURAL GAS RESERVES the majority and minority leaders for sale of private individual health insur- The SPEAKER pro tempore. The morning-hour debate. ance policies beginning in 2013, forcing Chair recognizes the gentleman from The Chair will alternate recognition individuals to purchase coverage Florida (Mr. STEARNS) for 5 minutes. between the parties, with each party through the Federal Government. We Mr. STEARNS. Madam Speaker, limited to 30 minutes and each Mem- can’t make that up. It’s right there in thanks to new drilling technologies ber, other than the majority and mi- the bill. that are unlocking substantial nority leaders and the minority whip, Page 110—section 222(e) requires the amounts of natural gas from shale limited to 5 minutes. use of Federal dollars to fund abortions rock, the Nation’s estimated gas re- f through the government-run health serves have surged by 35 percent, ac- plan; and, if the Hyde amendment were cording to a recent study. The study HEALTH CARE ever not renewed, would require the conducted by the Potential Gas Com- The SPEAKER pro tempore. The plan to fund elective abortions. mittee, the authority on natural gas Chair recognizes the gentlewoman from Page 111—section 223 establishes a supplies, has indicated that the United North Carolina (Ms. FOXX) for 5 min- new board of Federal bureaucrats (the States possesses a total natural gas re- utes. ‘‘Health Benefits Advisory Com- serve of 1,836 trillion cubic feet of nat- Ms. FOXX. Thank you, Madam mittee’’) to dictate the health plans ural gas, or enough to last almost a Speaker. that all individuals must purchase; and century at current consumption rates. Everywhere I go in my district, peo- would likely require all Americans to This new estimate shows an exception- ple tell me they are frightened. They subsidize and purchase plans that cover ally strong and optimistic gas supply are frightened about what is happening any abortion. picture for this country, according to in this country. They fear for the fu- I think one of the funniest pieces in the report, which is issued every 2 ture of our country. What they’re talk- the bill, if anything can be considered years by a group of academic and in- ing about is that they fear for our free- funny, page 122, section 233(a)(3), re- dustry experts. The new estimate is the doms and they fear for the principles quires the commissioner, the new in- highest resource evaluation in the that formed this country and have al- surance czar, to, quote, issue guidance committee’s 44-year history and some ways been the basis on which we’ve op- on best practices of plain language geologists say even this estimate is too erated. I share that fear; and I believe writing—this from the same people conservative.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.000 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12144 CONGRESSIONAL RECORD — HOUSE November 2, 2009 Much of the 35 percent increase mestically, an increase in the use of relative freedom in Yemen. Counterter- comes from estimated gas reserves that natural gas would not only dramati- rorism measures in Saudi Arabia have are trapped deep in dense shale rock cally lower greenhouse gas emissions forced extremists to seek refuge which drilling companies have only re- but it would also reduce our depend- abroad, and many have relocated to cently learned how to tap. Shale for- ence on foreign oil. Yemen’s ungoverned areas. Known al mations are deep underground, 6,000 Natural gas powered vehicles in use Qaeda terrorists, including USS Cole feet or more, and the rock is relatively today are also helping to improve air bombers, have escaped from prison in impermeable. Deep drilling is expen- quality by displacing petroleum pow- Yemen to return to terrorism. The sive, and in the past the amount of gas ered vehicles which contribute about Christian Science Monitor reported that could be recovered was not suffi- three-fourths of the carbon dioxide pol- last month of the rising threat to cient to justify the cost. However, new lution found in urban areas. According Saudi Arabia from the deteriorating se- advances in production techniques to NGV America, one of out of every 10 curity situation in Yemen. Saudi police have boosted all previous estimates of transit buses and over 130,000 addi- prevented a bomb attack on October 13, financially recoverable natural gas. tional school buses, taxicabs, garbage and one of the perpetrators was a One shale formation that is receiving trucks and other vehicles on U.S. roads former Guantanamo detainee who en- new attention is the Marcellus basin, a are already fueled with cleaner burning tered the country from Yemen. 400-million-year-old shale formation natural gas. In fact, in 2008, the use of The bottom line is that terrorist de- stretching from New York to West Vir- natural gas vehicles displaced almost tainees should not be sent to Yemen ginia. That basin alone is believed to 300 million gallons of petroleum use in where al Qaeda operates freely and the hold as much as 500 trillion cubic feet the United States. government appears unable to control of natural gas, or the approximate Using natural gas instead of coal or their actions and movements. Reuters equivalent of 80 billion barrels of oil. oil is a low-cost, low-emissions solu- has reported that the Obama adminis- It’s not clear, however, how much of tion for reducing our Nation’s depend- tration has already cleared 75 of the re- this shale gas is recoverable. ence on foreign energy sources while maining detainees for transfer abroad, In recent years, natural gas pro- also reducing our greenhouse gas emis- and that includes 26 detainees from ducers have expanded the use of a tech- sions. Yemen. Based on what we know, this nique called horizontal drilling. After f administration is planning to send drilling more than a mile below the more, perhaps many more, detainees to YEMEN Earth’s surface to reach the shale layer this lawless country, increasing the below, a drill operator then slowly The SPEAKER pro tempore. The risk of future terrorist attacks on steers the drill bit to one side until it Chair recognizes the gentleman from Americans. is heading sideways across the shale Virginia (Mr. WOLF) for 5 minutes. The administration should imme- layer. This technique allows access to Mr. WOLF. Thank you, Madam diately terminate the return of detain- more of the shale than a traditional Speaker. ees to Yemen, and the congressional vertical well could provide. However, To meet the President’s deadline for committees of jurisdiction should in- even with this new technique, the den- closing Guantanamo, there has been a vestigate and demand a full justifica- sity of shale rock still traps most of rush during the past 2 months to trans- tion. The release of any detainee to the gas. Producers therefore use a proc- fer as many detainees as possible to Yemen represents a potentially dan- ess called hydraulic fracturing in their home countries, or to a third gerous threat to the United States and which a water-and-sand mixture is country that would accept them. U.S. citizens, both military and civil- forced at very high pressure into the On September 26, the administration ian. well that creates millions of tiny announced that a detainee named Alla As of now, the administration has cracks in the rock, enabling more of Ali Bin Ali Ahmed was transferred to gone down a dangerous road, and Con- the gas to be released. And while shale Yemen. The announcement did not re- gress is idly allowing them to make gas only provides a small fraction of veal the terms of his transfer but said these misguided decisions. the Nation’s total gas production, the United States has coordinated with many experts believe the rising supply the Yemeni Government to ensure that f of natural gas means it can be sub- the transfer took place under, quote, RECESS stituted for other fossil fuels. appropriate security measures. The SPEAKER pro tempore. Pursu- Natural gas can also serve as a bridge There is an ongoing and very real ant to clause 12(a) of rule I, the Chair between our current energy feedstocks concern about detainees returning to declares the House in recess until 2 and renewable energy production. Ac- terrorism. According to data from the p.m. today. cording to Guy Caruso, the former ad- Department of Defense, at least 15 per- Accordingly (at 12 o’clock and 44 ministrator of the Energy Information cent of former Guantanamo detainees minutes p.m.), the House stood in re- Administration, ‘‘natural gas has a have returned to terrorist activity. The cess until 2 p.m. role to play as a bridge because of the 15 percent that have returned to ter- long lead time and scalability issues of rorism following release were merely f renewable fuels. It’s nice to have aspi- those detainees who were perceived to b 1400 rations about renewable energy and ef- be low security risks. That’s why they AFTER RECESS ficiency, but we need to recognize these were released years ago. The detainees long-term goals and that we need pending release now are the worst of The recess having expired, the House something to get us there in the mean- the worst. Their recidivism rate may was called to order by the Speaker pro time.’’ be much higher than 15 percent. tempore (Mr. LUJA´ N) at 2 p.m. As an energy source, natural gas is If these detainees are to be trans- f cheaper than oil, and when burned it ferred, they should go only to govern- emits 30 percent less carbon dioxide ments that are willing and able to try, PRAYER than oil and 45 percent less carbon di- detain, rehabilitate or monitor them. The Chaplain, the Reverend Daniel P. oxide than coal on an energy equiva- Yemen does not meet that standard. Coughlin, offered the following prayer: lent basis. Natural gas is also highly An economic crisis, domestic security The prophet Isaiah has said, ‘‘God efficient. Approximately 90 percent of challenges, and Islamic terrorism are will destroy death forever; the Lord the natural gas produced is delivered to right now threatening to overwhelm will wipe away the tears from all faces; consumers as useful energy. In con- the Yemeni Government. The FBI di- the reproach of His people He will re- trast, only about 30 percent of the en- rector recently highlighted Yemen as move from over the Earth, for the Lord ergy converted to electricity in con- an area of persistent al Qaeda activity. has spoken.’’ ventional generating facilities ever Al Qaeda in the Arabian Peninsula O, God, source of forgiveness and the reaches consumers. And with 84 per- openly advertises their intent to at- salvation of all, hear our prayer today cent of the natural gas consumed in tack the United States and our over- as we call to mind all those who have the United States being produced do- seas interests, and is able to work in served in the House of Representatives

VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.002 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12145 in the past and who are departed from Mr. COLE. Mr. Speaker, I rise again nication from the Clerk of the House of this world. Forgive their offenses as today to speak against the Democrats’ Representatives: well as their omissions now, and re- proposed health care plan. Frankly, it’s HOUSE OF REPRESENTATIVES, ward them for all their efforts in public hard to understand who my colleagues Washington, DC, October 30, 2009. service on behalf of others. on the other side of the aisle are listen- Hon. NANCY PELOSI, Because You are the glory of believ- ing to. Certainly, it’s not my constitu- The Speaker, The Capitol, House of Representa- ers, the life of the just and the consola- ents. tives, Washington, DC. tion for all who mourn, Lord, grant Their concerns, like those of millions DEAR MADAM SPEAKER: Pursuant to the of Americans, have been ignored as this permission granted in Clause 2(h) of Rule II Your peace to all the faithful departed of the Rules of the U.S. House of Representa- that they may now enter Your eternal bill has been written. The same provi- tives, the Clerk received the following mes- kingdom where You live and reign for- sions that caused the concerns and the sage from the Secretary of the Senate on Oc- ever and ever. fears that I heard in August town hall tober 30, 2009, at 9:33 a.m.: Amen. meetings are still in the ‘‘new bill.’’ That the Senate passed with an amend- f Overwhelmingly, the American peo- ment H.R. 1299. ple have said ‘‘no’’ to government-run That the Senate passed without amend- THE JOURNAL health insurance, but it’s still in the ment H.R. 3606. The SPEAKER pro tempore. The bill. Also in the ‘‘new bill’’ are the That the Senate concurred to the House Chair has examined the Journal of the same higher taxes for employers and amendment to the bill S. 1929. last day’s proceedings and announces individuals, taxes which will kill jobs. With best wishes, I am, Sincerely, These are the very employers and indi- to the House his approval thereof. LORRAINE C. MILLER, Pursuant to clause 1, rule I, the Jour- viduals suffering from double-digit un- Clerk of the House. nal stands approved. employment in many States today. f f Maybe after several months, Mr. Speaker, some have found it easy to PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER forget what they heard in August, but PRO TEMPORE The SPEAKER pro tempore. Will the I haven’t. This new bill is just more of gentleman from Minnesota (Mr. WALZ) the same, more backroom-brokered The SPEAKER pro tempore. Pursu- come forward and lead the House in the deals deciding the fate of millions of ant to clause 4 of rule I, the following Pledge of Allegiance. Americans. The only noticeable change enrolled bills were signed by the Mr. WALZ led the Pledge of Alle- in this bill is the addition of an extra Speaker on Friday, October 30, 2009: giance as follows: 1,000 pages or so. H.R. 2996, making appropriations for I pledge allegiance to the Flag of the Americans deserve health care re- the Department of the Interior, envi- United States of America, and to the Repub- form. Hopefully, they will get it. ronment, and related agencies for the lic for which it stands, one nation under God, f fiscal year ending September 30, 2010, indivisible, with liberty and justice for all. and for other purposes; THE PELOSI PLAN FOR THE GOV- f H.R. 3606, to amend the Truth in ERNMENT TAKEOVER OF Lending Act to make a technical cor- DON’T BE FOOLED BY THE HEALTH CARE rection to an amendment made by the PELOSI-CARE HEALTH BILL (Mr. PENCE asked and was given per- Credit CARD Act of 2009; (Mr. BOOZMAN asked and was given mission to address the House for 1 S. 1929, to provide for an additional permission to address the House for 1 minute and to revise and extend his re- temporary extension of programs under minute and to revise and extend his re- marks.) the Small Business Act and the Small marks.) Mr. PENCE. Mr. Speaker, now comes Business Investment Act of 1958, and Mr. BOOZMAN. Mr. Speaker, don’t be the Pelosi plan for the government for other purposes. fooled by the introduction of the new- takeover of health care. It is a freight est health care bill supported by train of runaway spending, bloated bu- f Speaker PELOSI. It is no more than the reaucracy, mandates, and higher taxes. ANNOUNCEMENT BY THE SPEAKER same bill millions of Americans spoke If the liberals in Washington, D.C. have PRO TEMPORE against in August but reintroduced their way, they will forever change the The SPEAKER pro tempore. Pursu- with a different name and a different relationship between government and ant to clause 8 of rule XX, the Chair number. we, the people, as it pertains to the will postpone further proceedings No matter what it is called, the dis- health care of this Nation. guise hasn’t tricked the residents of Now, the Republicans in Congress today on the motion to suspend the the Third District of Arkansas. Over who are standing in the gap can’t do rules on which a recorded vote or the the weekend, I received over 200 e- this alone, but I often tell my col- yeas and nays are ordered, or on which mails, and the overwhelming majority leagues: a minority in Congress plus the vote incurs objection under clause of those are from my constituents who the American people equals a majority. 6 of rule XX. are very much in opposition to this We, the people, have the power to stop Record votes on postponed questions plan. the Pelosi health care plan in an effort will be taken after 6:30 p.m. today. Instead of creating taxes, entitle- to nationalize one-sixth of our Nation’s f ment programs and redtape to reform economy. We, the people, have the abil- MILITARY SPOUSES RESIDENCY health care, we need to let families and ity to protect the finest health care RELIEF ACT businesses buy health insurance across system the world has ever known and State lines; allow small businesses to to demand real health care reform that Mr. CARSON of Indiana. Mr. Speak- pool together to buy health insurance will reduce the cost of health care er, I move to suspend the rules and at a lower cost; and end lawsuits that without growing government. pass the bill (S. 475) to amend the Serv- contribute to the costs because of doc- I appeal to my fellow Americans, not icemembers Civil Relief Act to guar- tors being forced to practice defensive as Republicans or Democrats: if you antee the equity of spouses of military medicine. cherish freedom, if you fear the crush- personnel with regard to matters of Mr. Speaker, we can and need to do a ing weight of Big Government, debt, residency, and for other purposes. better job for the American people. mandates, and taxes, this is your mo- The Clerk read the title of the bill. Let’s create real reform, not more ment. Now is your time; let your voice The text of the bill is as follows: problems to fix down the road. be heard. S. 475 f f Be it enacted by the Senate and House of Rep- resentatives of the United States of America in HEALTH CARE COMMUNICATION FROM THE Congress assembled, CLERK OF THE HOUSE (Mr. COLE asked and was given per- SECTION 1. SHORT TITLE. mission to address the House for 1 The SPEAKER pro tempore laid be- This Act may be cited as the ‘‘Military minute.) fore the House the following commu- Spouses Residency Relief Act’’.

VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.006 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12146 CONGRESSIONAL RECORD — HOUSE November 2, 2009 SEC. 2. GUARANTEE OF RESIDENCY FOR (A) in paragraph (1), by inserting ‘‘or the nize that military families serve too. It SPOUSES OF MILITARY PERSONNEL spouse of a servicemember’’ after ‘‘The per- is only fitting to provide military FOR VOTING PURPOSES. sonal property of a servicemember’’; and (a) IN GENERAL.—Section 705 of the spouses with the ability to retain cer- (B) in paragraph (2), by inserting ‘‘or the tain State residency benefits which are Servicemembers Civil Relief Act (50 U.S.C. spouse’s’’ after ‘‘servicemember’s’’. App. 595) is amended— (b) APPLICATION.—Subsections (a)(2) and (c) already afforded to our men and women (1) by striking ‘‘For’’ and inserting the fol- of section 511 of such Act (50 U.S.C. App. 571), in uniform under the Servicemembers lowing: as added by subsection (a) of this section, Civil Relief Act. ‘‘(a) IN GENERAL.—For’’; and the amendments made to such section Again, I would like to thank my col- (2) by adding at the end the following new 511 by subsection (a)(4) of this section, shall leagues in the Senate for working on subsection: apply with respect to any return of State or ‘‘(b) SPOUSES.—For the purposes of voting this legislation so we may provide re- local income tax filed for any taxable year for any Federal office (as defined in section lief for our military families. I urge all beginning with the taxable year that in- 301 of the Federal Election Campaign Act of of my colleagues to join me in support cludes the date of the enactment of this Act. 1971 (2 U.S.C. 431)) or a State or local office, of this bill. a person who is absent from a State because SEC. 4. SUSPENSION OF LAND RIGHTS RESI- DENCY REQUIREMENT FOR Mr. Speaker, I reserve the balance of the person is accompanying the person’s SPOUSES OF MILITARY PERSONNEL. my time. spouse who is absent from that same State (a) IN GENERAL.—Section 508 of the PARLIAMENTARY INQUIRIES in compliance with military or naval orders Servicemembers Civil Relief Act (50 U.S.C. Mr. STEARNS. Parliamentary in- shall not, solely by reason of that absence— App. 568) is amended in subsection (b) by in- ‘‘(1) be deemed to have lost a residence or quiry, Mr. Speaker. serting ‘‘or the spouse of such servicemem- The SPEAKER pro tempore. The gen- domicile in that State, without regard to ber’’ after ‘‘a servicemember in military whether or not the person intends to return tleman may state his parliamentary service’’. inquiry. to that State; (b) APPLICATION.—The amendment made by ‘‘(2) be deemed to have acquired a resi- subsection (a) shall apply with respect to Mr. STEARNS. I notice that the gen- dence or domicile in any other State; or servicemembers in military service (as de- tleman who is advocating on the Demo- ‘‘(3) be deemed to have become a resident fined in section 101 of such Act (50 U.S.C. crats’ side is not a member of the Vet- in or a resident of any other State.’’; and App. 511)) on or after the date of the enact- erans’ Affairs Committee, at least not (3) in the section heading, by inserting ment of this Act. to my knowledge. ‘‘AND SPOUSES OF MILITARY PER- Under the rules of the House, is this SONNEL’’ before the period at the end. The SPEAKER pro tempore. Pursu- (b) CLERICAL AMENDMENT.—The table of ant to the rule, the gentleman from In- appropriate that a Member who is not contents in section 1(b) of such Act (50 U.S.C. diana (Mr. CARSON) and the gentleman on the committee in which the bill has App. 501) is amended by striking the item re- from Florida (Mr. STEARNS) each will passed through and has jurisdiction is lating to section 705 and inserting the fol- control 20 minutes. the advocate for the Democrats in this lowing new item: The Chair recognizes the gentleman case? ‘‘Sec. 705. Guarantee of residency for mili- from Indiana. The SPEAKER pro tempore. Recogni- tary personnel and spouses of Mr. CARSON of Indiana. I yield my- tion for the motion is in the discretion military personnel.’’. self such time as I may consume. of the Chair. (c) APPLICATION.—Subsection (b) of section Mr. Speaker, I would like to thank Mr. STEARNS. So, if I understand 705 of such Act (50 U.S.C. App. 595), as added the Speaker, the Chair, at his discre- by subsection (a) of this section, shall apply Senator RICHARD BURR of North Caro- with respect to absences from States de- lina for introducing Senate bill 475, the tion, can decide who can be the spokes- scribed in such subsection (b) on or after the Military Spouses Residency Relief Act. man for the bill even if the person is date of the enactment of this Act, regardless The House version of this legislation not on the committee? of the date of the military or naval order was introduced by Mr. CARTER of The SPEAKER pro tempore. The concerned. Texas. Chair may exercise discretion in recog- SEC. 3. DETERMINATION FOR TAX PURPOSES OF As many of my colleagues know, the nizing Members to offer such motions. RESIDENCE OF SPOUSES OF MILI- Mr. STEARNS. A further parliamen- TARY PERSONNEL. sacrifices that military children and spouses have to make in order to stay tary inquiry. (a) IN GENERAL.—Section 511 of the The SPEAKER pro tempore. The gen- Servicemembers Civil Relief Act (50 U.S.C. as one united family are difficult. This tleman may state his parliamentary App. 571) is amended— is especially true at a time when our inquiry. (1) in subsection (a)— country is fighting to protect freedom (A) by striking ‘‘A servicemember’’ and in- Mr. STEARNS. Is this customary, or at home and abroad. is this an unusual situation? I don’t serting the following: Senate bill 475 seeks to provide mili- ‘‘(1) IN GENERAL.—A servicemember’’; and need a long dissertation, just a ‘‘yes’’ tary spouses with the option to keep (B) by adding at the end the following: or ‘‘no’’ as to whether it is customary. ‘‘(2) SPOUSES.—A spouse of a servicemem- the same voting rights and tax condi- The SPEAKER pro tempore. The dis- ber shall neither lose nor acquire a residence tions as afforded in their home States cretion of the chair in recognizing or domicile for purposes of taxation with re- or to allow them to change to the new Members is well settled. spect to the person, personal property, or in- States where they will be reunited with Mr. STEARNS. So what you are say- come of the spouse by reason of being absent a servicemember. or present in any tax jurisdiction of the ing is you can do it, but you are not A military spouse who often accom- willing to answer the question as to United States solely to be with the service- panies a servicemember from one duty member in compliance with the whether this is customary or not, be- servicemember’s military orders if the resi- station to another is required to pay cause I’ve been here 20 years, and I dence or domicile, as the case may be, is the income and personal property taxes of have not seen this in the 20 years I same for the servicemember and the the State in which they currently re- have been here. spouse.’’; side. On the other hand, the Service- The SPEAKER pro tempore. It is cus- (2) by redesignating subsections (c), (d), (e), members Civil Relief Act provides our tomary that the chair use his discre- and (f) as subsections (d), (e), (f), and (g), re- men and women in uniform the option tion in recognizing Members to offer spectively; of paying taxes to the States where such motions. (3) by inserting after subsection (b) the fol- they originated prior to military serv- lowing new subsection: Mr. STEARNS. Mr. Speaker, I yield ‘‘(c) INCOME OF A MILITARY SPOUSE.—In- ice or to pay taxes to the States in myself such time as I might consume. come for services performed by the spouse of which they currently reside due to I rise in support of S. 475, the Mili- a servicemember shall not be deemed to be military service, lessening the need to tary Spouses Residency Relief Act. income for services performed or from hire accountants to review tax regula- I want to thank the ranking member sources within a tax jurisdiction of the tions of their home States, which can of the Senate Committee on Veterans’ United States if the spouse is not a resident at times be multiple States. This will Affairs, Senator BURR, for sponsoring or domiciliary of the jurisdiction in which help keep their tax preparation simple this legislation. I also want to recog- the income is earned because the spouse is in and familiar, reducing the stress fam- nize and thank Mr. JOHN CARTER of the jurisdiction solely to be with the service- member serving in compliance with military ily members encounter when filing Texas for his support on this issue by orders.’’; and State taxes. introducing the companion House bill, (4) in subsection (d), as redesignated by Mr. Speaker, the intent of this legis- H.R. 1182. It has 206 bipartisan cospon- paragraph (2)— lation is very simple. We need to recog- sors, and I am proud to be one of those.

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.004 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12147 Mr. Speaker, by its very nature, mili- this bill. I have been dealing with the with these stresses even while faced tary service requires a significant sac- gentlewomen who brought this to my with the challenge of moving, finding rifice in terms of the quality of family attention a long time ago, and it’s schools for children, balancing some life, especially of the spouses of serv- coming to fruition today, and I am unsupported relocation costs and the icemembers. Because servicemembers pleased and honored. loss of a spouse’s earnings as they are routinely subject to transfer within I am the author of the identical com- leave the job to join the servicemem- and outside the continental United panion bill, H.R. 1182. I represent Fort ber. States, often with very short notice, Hood, Texas, which is a pretty good- This bill would amend the SCRA to spouses often find it difficult to obtain sized military base in the United allow military spouses to claim the and/or to retain suitable employment. States, the largest. I rise in support of same domicile as the servicemember However, military spouses are not these military spouses for this Military for the purpose of State income and covered by the same residency protec- Spouses Residency Relief Act. property taxes, as well as voter reg- tions that are available to the service- First, I want to thank everyone who istration. Spouses could elect to stand members under the Servicemembers has worked on this bill and worked united with their spouse, not only in Civil Relief Act. As a result, State laws hard to bring it to this point. Senator support of our country, but in sharing regarding taxation, voting and owner- BURR and Senator FEINSTEIN over on the same State as the home base. This ship of property are often applied dif- the Senate side took up this cause and reform would prevent a military family ferently to the spouse and the service- shepherded it and got it through the from suddenly losing up to 10 percent member. The SCRA allows service- Senate, and this past-due reform is now of their income if they are called upon members to determine their permanent before us today. I would also like to to relocate to a different State. This is residencies or domiciliaries. By allow- thank Chairman FILNER for supporting a significant loss of income that occurs ing this, SCRA protects servicemem- our military spouses and requesting as a direct result of governmental or- bers from State taxation, property the bill be taken up today. ders. We greatly appreciate all the VSOs ownership, and voting laws that are S. 475 would also provide the impetus not in their permanent residencies or who lent their support, including the Military Officers Association of Amer- for military spouses to put their names domiciliaries. on deeds and titles, which would build Because the law is silent to spouses ica, the Air Force Sergeants Associa- and strengthen their own credit and in these matters, they do not receive tion, AMVETS, the VFW, and the Mili- further ensure their legal protection. the same protection as servicemem- tary Spouse Business Association. bers. Therefore, they can be subject to Above all, I would like to thank all the This Veterans Day, which is coming States which aggressively seek to im- military spouses who have encouraged up the 11th of this month, next week, I pose residency related to income and me and who encourage their Represent- will ask each and every one of us to not property ownership laws, despite, my atives and Senators to support this only remember our servicemembers colleagues, the fact that they no longer bill. current and past, but take a moment reside in the States due to the spouses’ Finally, I would like to extend a very to remember the military spouses who military orders. special thanks to Rebecca Poynter and have sacrificed for and supported our S. 475 addresses this issue by giving Joanna Williamson, two entrepre- soldiers. military spouses a choice to use either neurial spouses who brought this issue Keeping that in mind, I ask my col- their current addresses where they are to me and devoted so much of their leagues to grant this valuable relief to stationed because of their spouses’ time working with all the Members our military families and to support military orders or their permanent ad- that are involved to get this bill the passage of the Military Spouses dresses to determine their residencies passed. This is their baby, and they Residency Relief Act. or domiciliaries for voting in any mu- should be recognized. Mr. CARSON of Indiana. Mr. Speak- nicipal, State, or Federal election. This small measure will provide in- er, I continue to reserve the balance of Simply, the bill would allow spouses valuable relief to numerous military my time. spouses who regularly uproot their en- to determine their residencies in the Mr. STEARNS. We have no further tire lives to accommodate our Armed same manner as servicemembers re- speakers. garding taxation, voting, and owner- Forces. When I first heard this story, I Mr. Speaker, I yield back the balance ship of property with respect to land- was shocked that there was such a dif- of my time. use rights on Federal owned or con- ference between husband and wife, the trolled land in the same manner as two spouses, as it relates to the bene- GENERAL LEAVE servicemembers under section 508 of fits we give them in the military. Mr. CARSON of Indiana. Mr. Speak- The Servicemembers Civil Relief Act SCRA. er, I ask unanimous consent that all provides for basic civil relief to our My colleagues, this is a commonsense Members may have 5 legislative days men and women of the armed services solution to give military spouses who in which to revise and extend their re- in exchange for their voluntary service. have already sacrificed so much for the marks and include extraneous material These range from relief from adjudica- Nation the protection that service- on S. 475. tion while deployed in combat to main- members have when it comes to local The SPEAKER pro tempore. Is there residency laws related to taxation and taining a single State of domicile, re- gardless of where their military orders objection to the request of the gen- voting. tleman from Indiana? So, again, I want to compliment Sen- may send them. ator BURR and also, for the companion This State of domicile provides an There was no objection. bill in the House, Mr. CARTER of Texas, important stability for our soldiers, Mr. CARSON of Indiana. Mr. Speak- for their sponsorship of this bill; and I airmen, marines, and sailors. Though er, I urge my colleagues to unani- urge my colleagues to support it. their orders may send them to numer- mously support S. 475. I reserve the balance of my time. ous places or numerous States, they I yield back the balance of my time. are able to simplify their State income The SPEAKER pro tempore. The b 1415 tax requirements, maintain their prop- question is on the motion offered by Mr. CARSON of Indiana. Mr. Speak- erty titles, and continue to vote for the gentleman from Indiana (Mr. CAR- er, I have no further speakers. their Member of Congress or their SON) that the House suspend the rules I reserve the balance of my time elected official back home. Without and pass the bill, S. 475. Mr. STEARNS. It’s my honor to yield SCRA protections, the servicemembers as much time as he may consume to would have to deal with all those every The question was taken; and (two- the author of the companion bill, time they move to military installa- thirds being in the affirmative) the which is H.R. 1182, the sponsor, Mr. tions located in different States. rules were suspended and the bill was JOHN CARTER of Texas. But spouses do have to deal with passed. Mr. CARTER. Mr. Speaker, this is an those every time they move to dif- A motion to reconsider was laid on exciting day for me. I was the author of ferent States, and the spouses deal the table.

VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.011 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12148 CONGRESSIONAL RECORD — HOUSE November 2, 2009 UNITED STATES SUBMARINE Resolved, That the House of Representa- commended by the House of Represent- FORCE tives— atives. (1) is committed to promoting and sus- Mr. WALZ. Mr. Speaker, I move to House Resolution 773 resolves that taining the spirit of unity shared by mem- the House of Representatives is com- suspend the rules and agree to the reso- bers of the United States Submarine Force; lution (H. Res. 773) expressing the sense (2) is committed to paying tribute once mitted to keeping alive their memory of the House of Representatives with again to the seven submariners who were so that the American people never for- respect to the United States Sub- awarded the Medal of Honor, including two get their courage and sacrifice. We will marine Force. who were awarded the medal posthumously; give honor to the 52 American sub- The Clerk read the title of the resolu- (3) wishes to help keep alive the memory of marines that were lost during World tion. the Submarine Force veterans and honor War II and the 3,500 submariners who The text of the resolution is as fol- their service just as their fellow shipmates have made the ultimate sacrifice to lows: do at their gatherings by performing the protect the freedoms of this great Na- ceremony known as the ‘‘Tolling of the H. RES. 773 Boats’’; and tion. Whereas 100 years ago, American naval of- (4) is committed to keeping alive their The seven brave submariners who ficials who witnessed a submarine, the ‘‘Hol- memory so that the American people never were awarded the Medal of Honor are: land VI’’, submerge and surface in the Poto- forget their courage and sacrifice. John Cromwell, Samuel Dealey, Eu- mac River knew this was the first successful The SPEAKER pro tempore. Pursu- gene Fluckey, Howard Gilmore, Rich- United States submarine that would inspire ard O’Kane, Lawson Ramage and the powerful undersea fighting force that ant to the rule, the gentleman from would contribute so much to the United Minnesota (Mr. WALZ) and the gen- George Street. Their courageous fight- States victory in World War II; tleman from Florida (Mr. STEARNS) ing spirit going above and beyond the Whereas during World War II, the United each will control 20 minutes. call of duty is recognized and highly re- States Submarine Force served with honor The Chair recognizes the gentleman spected. Servicemembers like them and valor to protect and preserve the free- from Minnesota. have set the example that our Armed doms of the United States, as well as those Mr. WALZ. Mr. Speaker, I yield my- Forces follow. of the allies of the United States; self as much time as I may consume. The contributions of the United Whereas the War in the Pacific could not States Submarine Force were momen- have been won without the efforts of the Just to the gentleman from Florida, United States Submarine Force; your earlier inquiry, I apologize for not tous and critical to winning World War Whereas during World War II, the United talking to you. The staff built in II. They exemplify the legacy of com- States Submarine Force comprised less than redundancies. Flying out of Min- mitment to guard our freedom. two percent of the Navy’s fleet; neapolis has been somewhat of a chal- I support House Resolution 773 that Whereas during World War II, United lenge recently, assuming they get to expresses the sense of the House of States submariners were to suffocate Japan’s the airport in the original path, so the Representatives with respect to the military industry, cut its oil supply, starve United States Submarine Force. We it, and prevent mass troop movements by staff arranged to have another Member sea, all by sinking the Japanese merchant here. should be committed to sustain our fleet on which it was so dependent as a na- Mr. STEARNS. Will the gentleman submariners force of spirit, unity, tion of islands; yield? courage, and sacrifice they have given Whereas during World War II, United Mr. WALZ. Yes. for this great Nation. States submariners sank over 30 percent of Mr. STEARNS. Let me just say how I also want to thank the gentleman the Japanese Navy including eight aircraft delighted I am to have the gentleman from Arkansas for introducing this im- carriers, one battleship and 11 cruisers, and on the floor. Mr. WALZ is the highest portant piece of remembrance and more importantly, the Submarine Force sank 1,300 Japanese merchant ships totaling NCO that has ever served in Congress. commemoration. approximately 5,000,000 tons, which was al- He was a command sergeant major, I I reserve the balance of my time. most 60 percent of the Empire’s total mer- think an E–9, so it is with a great deal Mr. STEARNS. Mr. Speaker, I yield chant ship losses; of respect, for anybody who has served myself as much time as I may con- Whereas losses inflicted by the United in the military like I have in the sume. States Submarine Force contributed to the United States Air Force, that we look I also rise in strong support of H. devastation of the Japanese industrial power to gentlemen like Mr. WALZ. Res. 773, a resolution expressing the that effectively eliminated the ability of the We appreciate his participation on sense of the House of Representatives enemy to sustain combat forces and replace losses of ships and aircraft; the Veterans’ Affairs Committee. I am with respect to the United States Sub- Whereas World War II diesel-electric sub- delighted he is here and is taking over marine Force. This resolution honors marines had limited underwater speed, this jurisdiction, which is important on these servicemembers who served their range, and endurance and usually sailed on these 13 bills. country during World War II in the the surface, where they were vulnerable to Mr. WALZ. Well, I thank the gen- most unique of circumstances. enemy attack; tleman for his kind words and, again, Mr. Speaker, I would like to thank Whereas 52 American submarines were lost appreciate the tireless work he does for my colleague Mr. BOOZMAN of Arkan- during World War II, 49 in the Pacific; the veterans. It’s a great testament, sas, as mentioned earlier, for intro- Whereas the United States Submarine ducing this legislation, and I will Force suffered the highest percentage of and the folks in Florida are lucky to losses of any branch of the Armed Services; have you there. shortly yield to him for further re- Whereas during World War II, approxi- The United States Submarine Force marks on this resolution. mately 3,500 submariners made the ultimate was a vital component to winning the I want to thank the chairman, Mr. sacrifice; war in the Pacific during World War II. FILNER, and also Ranking Member Whereas United States submariners were The war simply could not have been BUYER for moving the bill so promptly going to war, trusting their lives to a weap- won without this powerful undersea to the floor for consideration. on, the torpedo, that, particularly in 1942 fighting force. I urge my colleagues to support H. through 1943, was unreliable, and could even Although the Submarine Force com- Res. 773. turn against them by running erratically in a circular path; prised a little less than 2 percent of the I reserve the balance of my time. Whereas submarines played both humane Navy’s fleet during World War II, they Mr. WALZ. I continue to reserve my and special operations roles in their cam- played a crucial role in effectively time, Mr. Speaker. paign against Japan, and in many of the eliminating up to 30 percent of the Im- Mr. STEARNS. Mr. Speaker, I yield hardest fought battles of the war, submarine perial Japanese Navy, reducing Japan’s to the author of the bill, Mr. BOOZMAN crews rescued unlucky carrier pilots who ability to sustain their combat forces. of Arkansas, for such time as he may ended up in the sea, like future United Day after day, the submariners en- consume. States President George H. W. Bush; and trusted their lives on unreliable tor- Mr. BOOZMAN. Mr. Speaker, I rise in Whereas members of the Submarine pedos to protect them as they fought strong support of H. Res. 773, a resolu- Forces, known as the ‘‘silent service’’, as- sumed the difficult task of pioneering a new to protect the liberties and freedom of tion expressing the sense of the House way of fighting so as to protect the liberties the United States. For their courage of Representatives with respect to the and freedoms of the United States: Now, and valor that runs deep, the United valiant service of the United States therefore, be it States Submarine Force should be Submarine Force during World War II.

VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.013 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12149 As we approach Veterans Day, it is fit- mony for World War II Submarine Vet- SEC. 2. EMPLOYMENT TRAINING ASSISTANCE. ting that the House honor Americans erans, Diamond Chapter, hosted by the (a) IN GENERAL.—Chapter 42 of title 38, who serve their country under the USS Snook Base of the United States United States Code, is amended by adding at the most unique of circumstances. Submarine Veterans in Rogers, Arkan- end the following new section: Earlier this year, we honored those sas, last month. There, I had the privi- ‘‘§ 4216. Employment Training Assistance for servicemembers who participated in lege to recognize many of Arkansas’ Unemployed Veterans. the D-day operations. Yet there is an- surviving submarine veterans and ‘‘(a) MONTHLY TRAINING ASSISTANCE ALLOW- other group who faced incredible chal- thank them for their efforts firsthand. ANCE.—Subject to the availability of appropria- tions for such purpose, the Secretary of Labor lenges and danger to ensure that vic- b 1430 tory would be possible for the United may pay to each covered veteran a monthly States and our allies during World War A special thanks goes to former sub- training assistance allowance under this section mariner Pete Rathmell for making the for each month that a covered veteran is en- II, the United States Submarine Force. rolled in an employment and training program Mr. Speaker, it is a special individual event happen. Mr. Speaker, I would like to thank that teaches a skill in demand, as determined by who will climb into a tightly confined Chairman FILNER and Ranking Member the Secretary. space and willingly go deep underwater BUYER for the opportunity to honor the ‘‘(b) AMOUNT.—The amount of the training to serve the Nation. Today’s nuclear ‘‘silent service’’ of World War II. I assistance allowance under this section is the submarines are a high-tech marvel, amount equal to the monthly amount of the would also like to take this oppor- able to submerge for months at a time, basic allowance for housing payable under sec- tunity to thank Mr. SESTAK for his cruise beneath the polarized caps, and tion 403 of title 37 for a member of the Armed leadership in working with me on this carry strategic and tactical weapons of Forces with dependents in pay grade E–5 resid- legislation, and express my apprecia- unbelievable power. But that was not ing in the military housing area that encom- tion for the support of all the other co- passes all or the majority portion of the ZIP always the case. sponsors of the resolution. code area in which the veteran resides. The first submarine used for military I urge all of my colleagues to support ‘‘(c) DURATION.—A covered veteran may re- purposes was built in 1776 by David H. Res. 773. ceive training assistance under this section for Bushnell. His Turtle was a one-man Mr. STEARNS. Mr. Speaker, I have not more than six months during each 10-year wooden submarine powered by hand- no further speakers, so I yield back the period beginning on the date in which the cov- turned propellers and was used during balance of my time. ered veteran first receives training allowance under this section. the American Revolution against Brit- GENERAL LEAVE ‘‘(d) MOVING STIPEND.—Subject to the avail- ish warships. Mr. WALZ. Mr. Speaker, I ask unani- During the Civil War, the use of sub- ability of appropriations for such purpose, in mous consent that all Members may addition to the training assistance allowance marines came into play again when the have 5 legislative days in which to re- Union fielded the French-designed Alli- payable under subsection (a), the Secretary may vise and extend their remarks and in- reimburse each covered veteran, in an amount gator, which was the first U.S. Navy clude extraneous material on House not to exceed $5,000, for moving expenses related submarine to feature compressed air Resolution 773. to the veteran’s receipt of training for which an for air supply. The Confederacy also The SPEAKER pro tempore. Is there allowance is paid under this section. fielded several human-powered sub- objection to the request of the gen- ‘‘(e) COVERED VETERAN DEFINED.—In this sec- marines, including the Hunley in tleman from Minnesota? tion, the term ‘covered veteran’ means a veteran Charleston Harbor. There was no objection. who is— Submarines saw much greater use Mr. WALZ. Mr. Speaker, I want to ‘‘(1) unemployed for a period of not less than during World War I, but it wasn’t until thank Mr. BOOZMAN and Mr. SESTAK four consecutive months at the time of applying World War II that the technological de- again, continuously on the forefront of for training assistance under this section; velopment of submarines enabled them making sure the respect shown to our ‘‘(2) able to successfully complete the employ- to become a capable and feared weap- veterans and the benefits that they ment and training program described in sub- section (a), as determined by the Secretary; and ons system. have earned are there, and I urge my During the Second World War, 314 ‘‘(3) except as provided under this section, in- colleagues to unanimously support H. eligible for education or training assistance submarines served in the United States Res. 773. under this title. Navy, including many built at the end I have no further requests for time, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of World War I. This force comprised and I yield back the balance of my There is authorized to be appropriated to carry less than 2 percent of the U.S. Navy time. out this section $100,000,000 for each fiscal ships, but they sank over 30 percent of The SPEAKER pro tempore. The year.’’. Japan’s navy, including eight aircraft question is on the motion offered by (b) CLERICAL AMENDMENT.—The table of sec- carriers. More important, American the gentleman from Minnesota (Mr. tions at the beginning of chapter 42 of title 38, submarines virtually strangled the WALZ) that the House suspend the rules United States Code, is amended by adding at the Japanese economy by sinking almost 5 and agree to the resolution, H. Res. 773. end the following new item: billion tons of shipping, over 60 percent The question was taken; and (two- ‘‘4216. Employment training assistance for un- of the Japanese merchant marine. thirds being in the affirmative) the employed veterans.’’. Serving in many of the hardest fought rules were suspended and the resolu- (c) EFFECTIVE DATE.—Section 4216 of title 38, battles of the war as part of the ‘‘silent tion was agreed to. United States Code, as added by subsection (a), A motion to reconsider was laid on shall apply with respect to months beginning on service,’’ the submarine crews rescued or after the first day of fiscal year 2011. unlucky carrier pilots who ended up in the table. The SPEAKER pro tempore. Pursu- the sea, like the future President of the f ant to the rule, the gentleman from United States, George H.W. Bush. VETERANS RETRAINING ACT OF Minnesota (Mr. WALZ) and the gen- But victory at sea did not come 2009 tleman from Florida (Mr. STEARNS) cheaply. The Submarine Force lost 52 each will control 20 minutes. boats and 3,506 men during World War Mr. WALZ. Mr. Speaker, I move to II. Just a few weeks ago, I had the good suspend the rules and pass the bill The Chair recognizes the gentleman fortune of meeting a number of our (H.R. 1168) to amend chapter 42 of title from Minnesota. World War II veterans from northwest 38, United States Code, to provide cer- Mr. WALZ. Mr. Speaker, I yield my- Arkansas as they left the airport to tain veterans with employment train- self such time as I may consume. visit Washington, DC, as part of the ing assistance, as amended. Again, I thank my colleagues from The Clerk read the title of the bill. Florida and Arkansas for introducing Honor Flight program. These brave The text of the bill is as follows: men, many of whom were just boys at an incredibly important piece of legis- H.R. 1168 the time, answered the call of duty and lation. Be it enacted by the Senate and House of Rep- changed the course of history through resentatives of the United States of America in H.R. 1168 is a much-needed piece of their selfless action and love for their Congress assembled, legislation to address the job retrain- country. SECTION 1. SHORT TITLE. ing needs of America’s veterans. Just It was also a great honor to be able This Act may be cited as the ‘‘Veterans Re- this month, the Department of Labor to attend the decommissioning cere- training Act of 2009’’. reported that more than 30,000 recently

VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.015 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12150 CONGRESSIONAL RECORD — HOUSE November 2, 2009 discharged veterans have filed for un- chairman and the ranking member for I introduced this bill to encourage employment insurance benefits. Fur- their support. veterans to enroll in job training pro- thermore, as of September 2009, the Bu- We must do more, obviously, to help grams offered by the Department of reau of Labor Statistics indicated that our veterans today who have been hit Labor that train participants for jobs 990,000 veterans were unemployed. especially hard by these tough eco- in the new economy. Mr. Speaker, these numbers are sig- nomic times, particularly when they In 2002, Congress enacted the Jobs for nificant, and they demonstrate an im- come back from Iraq or Afghanistan. Veterans Act which gave covered vet- mediate need to help our veterans re- So I urge my colleagues to support erans priority access to job training ceive the essential training needed to H.R. 1168, as amended. programs sponsored by the Department get their skills so they can be em- I reserve the balance of my time. of Labor. Unfortunately, just as in ployed in a meaningful manner. We Mr. WALZ. Mr. Speaker, it is a real other sectors of the workforce, vet- know the employment training pro- pleasure at this time to yield such time erans too have been forced to join the grams can be effective in providing job as she may consume to the coauthor of lines of the unemployed. counseling and retraining, an impor- this bill, a tireless and effective advo- According to Bureau of Labor Statis- tant part of successful transition to a cate for our veterans and my colleague tics data for September 2009, 990,000 civilian career. from right next door in South Dakota, veterans were out of work, for an un- H.R. 1168 goes one step further in sup- Ms. HERSETH SANDLIN. employment rate of 8.3 percent, the port of veterans. The Veterans Retrain- Ms. HERSETH SANDLIN. Mr. Speak- highest in decades. Of that number, ing Act of 2009 would provide a stipend er, I thank my good friend for yielding, nearly 600,000 were between the ages of to veterans who are enrolled in em- for his service to our country, and for 35 and 64, the years of prime earning ployment and training programs to his tireless advocacy on behalf our Na- power as well as peak financial obliga- help cover living expenses and moving tion’s veterans. tions. These is also the group of vet- costs so veterans can move to an area I rise today in strong support of H.R. erans who no longer have access to any where there is a demand for their 1168, the Veterans Retraining Act of VA education or training programs. So newly acquired military skills. 2009, which the Veterans’ Affairs Eco- while veterans may have priority ac- This bill is good for the veteran, good nomic Opportunity Subcommittee cess to training programs, the need to for the underserved skill sector, and it passed on October 8 and the full com- provide some income to the family is good for the country. Our veterans mittee approved last week. I would like while training is the prime goal of H.R. have invested in our country, and this to thank the ranking member of the 1168, as amended, legislation invests in our veterans. Economic Opportunity Subcommittee, To meet that goal, H.R. 1168, as H.R. 1168 is the result of continuously Mr. BOOZMAN, for his outstanding lead- amended, authorizes $100 million per bipartisan work between the Economic ership in introducing this important year to provide a living stipend and Opportunity Subcommittee chair- legislation, and full committee Chair- moving assistance to veterans who woman, STEPHANIE HERSETH SANDLIN, man FILNER and Ranking Member have been unemployed for at least 4 and the ranking member, Mr. BOOZMAN. BUYER for their leadership as well and months, who are not eligible for train- I applaud both Mr. BOOZMAN and Ms. their support of this legislation. ing or education under title 38, and are HERSETH SANDLIN for their leadership The bill offers important updates to enrolled in a U.S. Department of Labor on the issue, their dedication to our the employment training assistance retraining program. The amount of the veterans, and the example they set in available to veterans. It directs the living stipend would mirror that given the Veterans’ Affairs Committee of bi- Secretary of Labor to provide a month- to post-9/11 GI Bill participants. partisan work for our veterans. ly assistance allowance to veterans The moving assistance is intended to I urge all my colleagues to join me in who are enrolled in an employment and help a newly trained veteran who lives support of this bill. training program. It teaches a skill in in an area of high unemployment to I reserve the balance of my time. demand. move to an area where there is a de- Mr. STEARNS. Mr. Speaker, I yield In addition, the veteran would be eli- mand for the veteran’s skills. It is my myself such time as I may consume. gible to receive a monthly housing al- hope that H.R. 1168, as amended, will I also rise in support of this bill, H.R. lowance, as well as a moving stipend of be a step towards providing veterans 1168, as amended, the Veterans Re- up to $5,000 for moving expenses di- with new skill sets and the ability to training Act of 2009. It is unfortunate rectly related to the receipt of this locate where the jobs are plentiful. this wasn’t part of the stimulus pack- training. In order to be eligible for this I want to especially thank Ms. age, because I think this could have assistance, veterans must be unem- HERSETH SANDLIN for her help and lead- been handled appropriately there. We ployed for no less than four months ership on this bill and just in general have got a CBO estimate, but it is an and ineligible for other education and her leadership on our subcommittee. I authorization bill, and it is not an ap- training assistance. also appreciate Chairman FILNER and propriations bill. But I think this is Employment assistance is one of the Ranking Member BUYER for bringing the kind of thing that would have been essential benefits that our country this bill forward to the floor. very pertinent to the stimulus bill. gives its veterans. These benefits help As always, I want to thank the staff This would amend chapter 42 of title our veterans adjust to life outside of for your efforts. We don’t do that 38, United States Code, to provide eligi- the military and successfully transfer enough. We really appreciate your ef- ble veterans with employment training the skills and experience they acquired forts on behalf of our veterans and the assistance. while serving in the Armed Forces to tremendous job that you are doing. Mr. Speaker, helping our returning the civilian job force. Mr. STEARNS. Mr. Speaker, I have veterans get back into the workforce is Again, I want to thank Chairman no further speakers, so I yield back the of the utmost importance. I believe FILNER and particularly the hard work balance of our time. this legislation will further that cause of Ranking Member BOOZMAN for their Mr. WALZ. Mr. Speaker, again, when, because of the recession, the un- support on this issue, and I urge all of thank you to both our chairwoman and employment level, particularly among my colleagues to support this legisla- our ranking member for a wonderful veterans, continues to reach unaccept- tion. and timely piece of legislation. able levels. Mr. STEARNS. Mr. Speaker, I yield GENERAL LEAVE I will be yielding shortly to the au- such time as he may consume to the Mr. WALZ. Mr. Speaker, I ask unani- thor of the bill, Mr. BOOZMAN, for a author of the bill, the gentleman from mous consent that all Members have 5 fuller explanation, but I would like to Arkansas (Mr. BOOZMAN). legislative days in which to revise and thank him for offering this bill, and Mr. BOOZMAN. Mr. Speaker, I want extend their remarks and include ex- also, as Mr. WALZ had mentioned, Ms. to thank Chairman FILNER, Chair- traneous material on H.R. 1168, as HERSETH SANDLIN and the Sub- woman HERSETH SANDLIN and Ranking amended. committee on Economic Opportunity Member BUYER for bringing H.R. 1168, The SPEAKER pro tempore. Is there for moving this bill through the legis- as amended, the Veterans Retraining objection to the request of the gen- lative process, and also thank the Act of 2009, to the floor. tleman from Minnesota?

VerDate Nov 24 2008 01:32 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.018 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12151 There was no objection. Resolved, That the House of Representa- thank the gentleman for such an im- Mr. WALZ. Mr. Speaker, I ask my tives recognizes Louisiana HonorAir for its portant resolution. colleagues to unanimously support 20 chartered flights of World War II veterans I reserve the balance of my time, Mr. H.R. 1168. to Washington, DC, to visit the National Speaker. I have no further requests for time, World War II Memorial, honors the invalu- Mr. STEARNS. Mr. Speaker, I yield and I yield back the balance of my able service and dedication of the World War II veterans to our Nation, and supports the myself such time as I may consume. time. designation of a ‘‘Louisiana HonorAir Day’’. I also rise in support of House Reso- The SPEAKER pro tempore. The lution 828, a resolution recognizing Oc- question is on the motion offered by The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from tober 24, 2009, the 20th chartered flight the gentleman from Minnesota (Mr. of World War II veterans through the Minnesota (Mr. WALZ) and the gen- WALZ) that the House suspend the rules Louisiana HonorAir, as Louisiana and pass the bill, H.R. 1168, as amend- tleman from Florida (Mr. STEARNS) each will control 20 minutes. HonorAir Day, and to honor the invalu- ed. able service and dedication of World The question was taken. The Chair recognizes the gentleman from Minnesota. War II veterans nationwide. The SPEAKER pro tempore. In the Founded in late 2006 by T.D. Smith of opinion of the Chair, two-thirds being Mr. WALZ. Mr. Speaker, I yield my- self such time as I may consume. Louisiana, Louisiana HonorAir pro- in the affirmative, the ayes have it. vides World War II veterans an all-ex- Mr. WALZ. Mr. Speaker, on that I de- Mr. Speaker, I want to thank the gentleman from New Orleans for put- pense-paid, day-long trip from Lou- mand the yeas and nays. isiana to Washington, D.C., to see the The yeas and nays were ordered. ting this piece of legislation forward. The SPEAKER pro tempore. Pursu- This is an incredibly important pro- World War II Memorial, the Marine ant to clause 8 of rule XX and the gram, and it is one that any of us who Corps Memorial, and to lay a wreath at Chair’s prior announcement, further have had the incredible honor of being the Tomb of the Unknown Soldier at proceedings on this motion will be in the presence of our World War II vet- Arlington National Cemetery. I want postponed. erans as they get a chance to return to congratulate them for their contin- ued service to our Nation. Their flight f back to their memorial would say is really moving. on October 24, 2009, was the 20th Honor LOUISIANA HONORAIR DAY The Louisiana HonorAir’s mission is Flight organized by this organization, Mr. WALZ. Mr. Speaker, I move to to provide that every single Louisiana and I am sure it won’t be the last. suspend the rules and agree to the reso- World War II veteran have the oppor- I have also had the experience and lution (H. Res. 828) to recognize Octo- tunity to view the World War II Memo- privilege of honoring these Honor ber 24, 2009, the 20th chartered flight of rial for the first time. As the home of Flights in my congressional district. World War II veterans through Lou- the National World War II Museum, We’ve had four of these. Last week, in isiana HonorAir, as ‘‘Louisiana Louisiana holds deep roots in cele- fact, we have just had one, and I will HonorAir Day,’’ and to honor the in- brating our World War II veterans com- recognize that Senator Dole and Sen- valuable service and dedication of the munity. ator Libby Dole also were participants World War II veterans to our Nation. Louisiana HonorAir provides the vet- at the site to meet and greet these vet- The Clerk read the title of the resolu- erans a chance to stand in the presence erans as a tribute to them. tion. of the landmark that memorializes I know that I have been inspired by The text of the resolution is as fol- their service to this country. They also the veterans who have participated in lows: visit Arlington National Cemetery and honor flights from my district in Flor- H. RES. 828 lay a wreath at the Tomb of the Un- ida, and all Honor Flight Networks Whereas in late 2006, T.D. Smith of Lou- known Soldier. around our country deserve our sup- isiana founded Louisiana HonorAir, a non- The World War II Memorial and Ar- port. Also on October 10, 2009, the 100th profit organization, which charters flights lington National Cemetery mark our chartered flight of World War II vet- for World War II veterans on an all-expenses- country’s gratitude for the heroic serv- erans aboard U.S. Airways occurred paid, day-long trip from Louisiana to Wash- ice our veterans have provided to the during a Louisiana HonorAir Flight ington, DC, to see the World War II Memo- country. They are also a symbolic tie out of New Orleans, Louisiana, the rial, the Marine Corps Memorial, and to lay home to the National World War II Mu- a wreath at the Tomb of the Unknown Sol- these veterans have to our country’s dier; history. This experience only lasts one seum. It is estimated by the National Whereas since its first flight out of Lafay- day, but it hopefully stays in the Honor Flight Network that over 42,000 ette, Louisiana in early 2007, Louisiana hearts of our veterans and their loved veterans will have participated in HonorAir has flown close to 2,000 World War ones forever. honor flights by the end of this year. II veterans to Washington, DC, to be honored This service provided by Louisiana So I think it’s a tribute to recognize for their invaluable service, sacrifice, and HonorAir is an act of love for our this resolution, but it’s also a tribute dedication to our Nation; World War II veterans. Operating sole- to my colleague Mr. CAO of Louisiana Whereas approximately 100 to 130 World for introducing this resolution and War II veterans are selected by Louisiana ly on the efforts of volunteers and fi- HonorAir for each flight on a first-come- nancial support from donors, Louisiana honoring this worthy organization. I first-served basis; HonorAir is able to make these dreams would like to thank both the chairman Whereas Louisiana HonorAir is run by vol- possible at no cost to the veterans. and the ranking member for moving unteers and sustained by donations and Because the youngest World War II this resolution so quickly, and I urge State grants; veteran is 70 years old, and the average my colleagues to support it. Whereas before Louisiana HonorAir cul- age of our veterans is 86, time is of the I reserve the balance of my time. minates in Lafayette, Louisiana, on April 10, Mr. WALZ. I have no further speak- 2010, its last three flights will be chartered essence. Many of our last World War II veterans are becoming too ill to travel, ers, and reserve the balance of my from New Orleans, Louisiana, on September time, Mr. Speaker. 26, October 10, and October 24, 2009; and there are not many opportunities Whereas the 100th chartered flight of World left to honor them for their service. Mr. STEARNS. Mr. Speaker I yield War II veterans aboard U.S. Airways occurs House Resolution 828 will recognize such time as he may consume to the during Louisiana HonorAir’s October 10, 2009, and celebrate Louisiana HonorAir’s author, Mr. CAO of Louisiana. flight out of New Orleans, Louisiana, home 20th chartered flight on October 24, Mr. CAO. Thank you very much for to the National World War II Museum; 2009, Louisiana HonorAir Day. allowing me to speak on behalf of my Whereas, October 24, 2009, marks the 20th resolution. chartered flight of World War II veterans b 1445 I rise today in support of House Reso- through Louisiana HonorAir; We act on the limited chance to sup- lution 828, to designate October 24, 2009, Whereas with the average World War II port our last surviving World War II as Louisiana HonorAir Day in honor of veteran being 86 years old and becoming too ill to visit the World War II Memorial in veterans. Let’s not forget them, and the invaluable service of World War II Washington, DC, there are not many oppor- let’s take advantage of every oppor- veterans to our Nation. October 24, tunities left to honor them for their service: tunity to celebrate their service to 2009, marked the 20th charter flight of Now, therefore, be it their country. With that, again, I World War II veterans from Louisiana

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.019 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12152 CONGRESSIONAL RECORD — HOUSE November 2, 2009 to D.C. through Louisiana HonorAir to struction, while for others it was their only (b) TABLE OF CONTENTS.—The table of con- visit the National World War II Memo- chance to see these sights dedicated to the tents for this Act is as follows: rial. Louisiana HonorAir’s mission is great service they provided to our nation. Sec. 1. Short title; table of contents. to provide every World War II veteran Having met many of these groups in Wash- Sec. 2. References to title 38, United States who is physically able to travel the op- ington, I continue to be awestruck by the reac- Code. portunity to view the World War II Me- tions of these brave men and women who TITLE I—SMALL BUSINESS AND EDUCATION MATTERS morial for the first time. World War II stood up to tyranny in Europe and Asia. Many veterans are granted a charter flight rarely talk about their service, instead, looking Sec. 101. Clarification of responsibility of from Louisiana to Washington, D.C., Secretary of Veterans Affairs to happier times. However, in the company of to verify small business owner- for a day-long, all-expenses-paid-trip to others who nobly served, they are able to ship. visit the National World War II Memo- frankly discuss their experiences, share tearful Sec. 102. Reauthorization of Veterans’ Advi- rial, the Marine Corps Memorial, the stories and remember comrades missing or sory Committee on Education. Iwo Jima Memorial and other memo- killed in action. I am grateful to have worked TITLE II—SERVICEMEMBERS CIVIL rials and to lay a wreath at the Tomb with Louisiana HonorAir and I salute them, as RELIEF ACT MATTERS of the Unknown Soldier. The World well as the courageous men and women who Sec. 201. Termination of service contracts. War II Memorial was dedicated in 2004 stood to protect America. Sec. 202. Residential and motor vehicle for a generation whose youngest mem- Today, I ask my colleagues to join me in re- leases. bers are in their late seventies. There- membering the brave men and women who Sec. 203. Enforcement by the Attorney Gen- fore, many of the men and women who eral and by private right of ac- defended America and in commending Lou- tion. fought and sacrificed for our country isiana HonorAir by recognizing October 24, TITLE III—OTHER BENEFITS MATTERS have not had the opportunity or ability 2009 as ‘‘Louisiana HonorAir Day.’’ to visit. Sadly, a few of the World War Mr. STEARNS. Mr. Speaker, I have Sec. 301. Improvement of outreach activities II veterans scheduled to go on the Oc- within Department of Veterans no further speakers, and I yield back Affairs. tober 24 flight passed away or became the balance of my time. Sec. 302. Visual impairment and orientation too ill to travel and were, therefore, GENERAL LEAVE and mobility professionals edu- unable to be properly honored for their Mr. WALZ. Mr. Speaker, I ask unani- cation assistance program. tremendous sacrifices. mous consent that all Members may Sec. 303. Interment in national cemeteries As Louisiana HonorAir prepares to have 5 legislative days in which to re- of parents of certain deceased veterans. fly its final flight on April 10, 2010, I vise and extend their remarks and in- am proud that these last three fall SEC. 2. REFERENCES TO TITLE 38, UNITED clude extraneous material on House STATES CODE. flights were out of New Orleans, Lou- Resolution 828. isiana, home to the National World Except as otherwise expressly provided, The SPEAKER pro tempore. Is there whenever in this Act an amendment or re- War II Museum. Mr. Speaker, I had the objection to the request of the gen- peal is expressed in terms of an amendment great opportunity to welcome home tleman from Minnesota? to, or repeal of, a section or other provision, several members of the veterans com- There was no objection. the reference shall be considered to be made munity on their flights back from Mr. WALZ. Mr. Speaker, I want to to a section or other provision of title 38, Washington, D.C., 3 weeks ago, and I thank the gentleman from New Orleans United States Code. have to say that from the receptions and urge my colleagues to unani- TITLE I—SMALL BUSINESS AND that I have received and from the faces mously support this important resolu- EDUCATION MATTERS of the many members who came back tion, H. Res. 828. SEC. 101. CLARIFICATION OF RESPONSIBILITY OF from Washington, D.C., on that SECRETARY OF VETERANS AFFAIRS I have no further requests for time, TO VERIFY SMALL BUSINESS OWN- HonorAir flight, they were very grate- and I yield back the balance of my ERSHIP. ful and honored to be able to partici- time. (a) SHORT TITLE.—This section may be pate in the program. Under the leader- The SPEAKER pro tempore. The cited as the ‘‘Veterans Small Business ship of T.D. Smith, the Louisiana question is on the motion offered by Verification Act’’. HonorAir reminds our Nation’s World the gentleman from Minnesota (Mr. (b) CLARIFICATION OF RESPONSIBILITY OF SECRETARY OF VETERANS AFFAIRS TO VERIFY War II veterans how indebted we are to WALZ) that the House suspend the rules SMALL BUSINESS OWNERSHIP.— them for their service. As the son of a and agree to the resolution, H. Res. 828. war veteran, I consider it a personal (1) CLARIFICATION.—Section 8127(f) is The question was taken; and (two- amended— honor to sponsor this legislation, and I thirds being in the affirmative) the (A) in paragraph (2)— strongly urge my colleagues to vote in rules were suspended and the resolu- (i) by inserting ‘‘(A)’’ before ‘‘To be eligi- favor of House Resolution 828. tion was agreed to. ble’’; Mr. BOUSTANY. Mr. Speaker, I strongly A motion to reconsider was laid on (ii) by inserting after ‘‘or the veteran.’’ the support our Armed Forces and veterans and the table. following new sentence: ‘‘Application for in- fully realize the debt of gratitude that our na- clusion in the database shall constitute per- f tion owes the men and women who defend mission under section 552a of title 5 (com- our country. Mindful of this commitment, I VETERANS’ SMALL BUSINESS AS- monly referred to as the Privacy Act) for the Secretary to access such personal informa- thank the World War II veterans for their com- SISTANCE AND SERVICEMEM- BERS PROTECTION ACT OF 2009 tion maintained by the Secretary as may be mitment and unselfish service to America. I necessary to verify the information con- would especially like to thank the Louisiana Mr. WALZ. Mr. Speaker, I move to tained in the application.’’; and HonorAir organization for their hard work and suspend the rules and pass the bill (iii) by inserting after the sentence added dedication to these veterans and recognize (H.R. 3949) to amend title 38, United by subparagraph (B) the following new sub- October 24, 2009 as ‘‘Louisiana HonorAir States Code, and the Servicemembers paragraph: Day.’’ Civil Relief Act, to make certain im- ‘‘(B) If the Secretary receives an applica- tion for inclusion in the database from an in- In 2007, Louisiana HonorAir began flying provements in the laws relating to ben- WWII veterans three hours on a chartered dividual whose status as a veteran cannot be efits administered by the Secretary of verified because the Secretary does not flight from Louisiana to our nation’s Capital Veterans Affairs, and for other pur- maintain information with respect to the free of charge. In Washington, D.C., the poses, as amended. veteran status of the individual, the Sec- groups toured the WWII Memorial, Korean The Clerk read the title of the bill. retary may not include the small business Memorial and Vietnam Memorial and attended The text of the bill is as follows: concern owned or controlled by the indi- vidual in the database maintained by the wreath laying ceremonies at the Tomb of the H.R. 3949 Unknown Soldier at Arlington National Ceme- Secretary until the Secretary receives such Be it enacted by the Senate and House of Rep- information as may be necessary to verify tery. Then, as quickly as they came, the resentatives of the United States of America in groups returned home to a hero’s welcome in that the individual is a veteran.’’; and Congress assembled, (B) by striking paragraph (4) and inserting Louisiana where family and friends gathered SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the following new paragraph (4): to show their appreciation one more time. For (a) SHORT TITLE.—This Act may be cited as ‘‘(4) No small business concern may be list- many veterans, it was their first time to tour the ‘‘Veterans’ Small Business Assistance ed in the database until the Secretary has the WWII Memorial because of its recent con- and Servicemembers Protection Act of 2009’’. verified that—

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.022 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12153 ‘‘(A) the small business concern is owned into by any individual in which a service- ‘‘TITLE III—RENT, INSTALLMENT CON- and controlled by veterans; and member is a designated beneficiary of such TRACTS, MORTGAGES, LIENS, ASSIGN- ‘‘(B) in the case of a small business concern contract, the individual may terminate such MENT, LEASES, SERVICE CONTRACTS’’; for which the person who owns or controls contract— AND the concern indicates that the person is a ‘‘(1) with respect to the servicemember if (2) by striking the item relating to section veteran with a service-connected disability, the servicemember is eligible to terminate 305A and inserting the following new item: contracts pursuant to subsection (a); and that the person is a veteran with a service- ‘‘Sec. 305A. Termination of service con- ‘‘(2) with respect to all of the designated connected disability.’’. tracts.’’. (2) APPLICABILITY.—In the case of a small beneficiaries of such contract if all such beneficiaries accompany the servicemember SEC. 202. RESIDENTIAL AND MOTOR VEHICLE business concern included in the database as LEASES. of the date of the enactment of this Act for in a change of permanent station to a loca- Subsection (e) of section 305 of the which, as of such date, the Secretary of Vet- tion that does not support the contract. Servicemembers Civil Relief Act (50 U.S.C. erans Affairs has not verified the status of ‘‘(e) MANNER OF TERMINATION.—Termi- nation of a contract under subsection (a) or App. 535) is amended to read as follows: such concern in accordance with paragraph ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS (d) shall be made by delivery of a written no- (4) of subsection (f) of section 8127 of title 38, AND LIABILITIES.— tice of such termination and a copy of the United States Code, as amended by sub- ‘‘(1) LEASES OF PREMISES.—Rent amounts servicemember’s military orders to the serv- section (a), not later than 60 days after the for a lease described in subsection (b)(1) that date of the enactment of this Act, the Sec- ice provider, delivered— ‘‘(1) by hand delivery; are unpaid for the period preceding the effec- retary shall notify the person who owns or tive date of the lease termination shall be controls the concern that— ‘‘(2) by private business carrier; ‘‘(3) by facsimile; or paid on a prorated basis. The lessor may not (A) the Secretary is required to verify the impose an early termination charge, but any status of the concern in accordance with ‘‘(4) by United States mail, addressed as designated by the service provider, return re- taxes, summonses, or other obligations and such paragraph; liabilities of the lessee in accordance with (B) verification of such status shall require ceipt requested, with sufficient postage. ‘‘(f) DATE OF CONTRACT TERMINATION.—Ter- the terms of the lease, including reasonable that the person who owns or controls the charges to the lessee for excess wear, that concern apply for inclusion in the database mination of a contract under subsection (a) or (d) is effective as of the date on which the are due and unpaid at the time of termi- in accordance with such subsection, as so notice under subsection (e) is delivered. nation of the lease shall be paid by the les- amended; ‘‘(g) OTHER OBLIGATIONS AND LIABILITIES.— see. (C) application for inclusion in the data- The service provider under the contract may ‘‘(2) LEASES OF MOTOR VEHICLES.—Lease base shall constitute permission under sec- not impose an early termination charge, but amounts for a lease described in subsection tion 552a of title 5, United States Code (com- any tax or any other obligation or liability (b)(2) that are unpaid for the period pre- monly referred to as the Privacy Act), for of the servicemember that, in accordance ceding the effective date of the lease termi- the Secretary to access such personal infor- with the terms of the contract, is due and nation shall be paid on a prorated basis. The mation maintained by the Secretary as may unpaid or unperformed at the time of termi- lessor may not impose an early termination be necessary to verify the information con- nation of the contract shall be paid or per- charge, but any taxes, summonses, title and tained in the application; and formed by the servicemember. If the service- registration fees, or other obligations and li- (D) the person who owns or controls the member re-subscribes to the service provided abilities of the lessee in accordance with the concern must submit to the Secretary an af- under a covered contract in the 90-day period terms of the lease, including reasonable firmative acknowledgment of the require- after the period of deployment or change of charges to the lessee for excess wear or use ment under paragraph (3) within 90 days of permanent station has concluded, the service and mileage, that are due and unpaid at the receiving the Secretary’s notice of such re- provider may not impose a charge for rein- time of termination of the lease shall be paid quirement or the concern shall be removed stating service, other than a charge to cover by the lessee.’’. from the database. any cost of installing or acquiring new SEC. 203. ENFORCEMENT BY THE ATTORNEY SEC. 102. REAUTHORIZATION OF VETERANS’ AD- equipment that existing customers received, GENERAL AND BY PRIVATE RIGHT VISORY COMMITTEE ON EDUCATION. and for which such customers paid a similar OF ACTION. Section 3692(c) is amended by striking ‘‘De- charge, during such period. (a) IN GENERAL.—The Servicemembers cember 31, 2009’’ and inserting ‘‘December 31, ‘‘(h) RETURN OF ADVANCE PAYMENTS.—Not Civil Relief Act (50 U.S.C. App. 501 et seq.) is 2015’’. later than 60 days after the effective date of amended by adding at the end the following TITLE II—SERVICEMEMBERS CIVIL the termination of the contract, the service new title: provider shall refund to the servicemember RELIEF ACT MATTERS ‘‘TITLE VIII—CIVIL LIABILITY any fee or other amount to the extent paid SEC. 201. TERMINATION OF SERVICE CONTRACTS. for a period extending after such date, except ‘‘SEC. 801. ENFORCEMENT BY THE ATTORNEY (a) IN GENERAL.—Section 305A of the for the remainder of the monthly or similar GENERAL. Servicemembers Civil Relief Act (50 U.S.C. billing period in which the termination oc- ‘‘(a) CIVIL ACTION.—The Attorney General App. 535a) is amended to read as follows: curs if it is not reasonably possible to deter- may commence a civil action in any appro- ‘‘SEC. 305A. TERMINATION OF SERVICE CON- mine a pro-rata amount for such remainder. priate United States district court against TRACTS. ‘‘(i) DEFINITIONS.—In this section: any person who— ‘‘(a) TERMINATION BY SERVICEMEMBER.—A ‘‘(1) The term ‘cellular telephone service’ ‘‘(1) engages in a pattern or practice of vio- servicemember may terminate a contract de- means commercial mobile service, as that lating this Act; or scribed in subsection (c) at any time after term is defined in section 332(d) of the Com- ‘‘(2) engages in a violation of this Act that the date the servicemember receives mili- raises an issue of significant public impor- tary orders— munications Act of 1934 (47 U.S.C. 332(d)). ‘‘(2) The term ‘contingency operation’ has tance. ‘‘(1) to deploy with a military unit, or as ‘‘(b) RELIEF.—In a civil action commenced an individual, in support of a contingency the meaning given that term by section 101(a)(13) of title 10, United States Code. under subsection (a), the court may— operation for a period of not less than 90 ‘‘(1) grant any appropriate equitable or de- days; or ‘‘(3) The term ‘Internet access service’ has the meaning given that term under section claratory relief with respect to the violation; ‘‘(2) for a change of permanent station to a ‘‘(2) award all other appropriate relief, in- location that does not support the contract. 231(e)(4) of the Communications Act of 1934 (47 U.S.C. 231(e)(4)). cluding monetary damages, to any person ‘‘(b) SPECIAL RULE FOR CELLULAR OR TELE- aggrieved by the violation; and PHONE EXCHANGE SERVICE.—In any case in ‘‘(4) The term ‘multichannel video pro- gramming service’ means video program- ‘‘(3) may, to vindicate the public interest, which a contract being terminated under assess a civil penalty— subsection (a) or (d) is for cellular telephone ming service provided by a multichannel ‘‘(A) in an amount not exceeding $55,000 for service or telephone exchange service, the video programming distributor, as such term a first violation; and servicemember may keep, to the extent prac- is defined in section 602(13) of the Commu- ‘‘(B) in an amount not exceeding $110,000 ticable and in accordance with applicable nications Act of 1934 (47 U.S.C. 522(13)). for any subsequent violation. law, the telephone number the servicemem- ‘‘(5) The term ‘telephone exchange service’ ‘‘(c) INTERVENTION.—Upon timely applica- ber has under the contract for a period not to has the meaning given that term under sec- tion, a person aggrieved by a violation with exceed 90 days after the period of deployment tion 3 of the Communications Act of 1934 (47 respect to which the civil action is com- or change of permanent station has con- U.S.C. 153).’’. menced may intervene in such action, and cluded. (b) TECHNICAL AMENDMENT TO CONFORM ‘‘(c) COVERED CONTRACTS.—This section ap- HEADING OF TITLE III TO THE CONTENTS OF may obtain such appropriate relief as the plies to a contract for cellular telephone THE TITLE.—The heading for title III of such person could obtain in a civil action under service, telephone exchange service, multi- Act is amended by inserting ‘‘, SERVICE section 802 with respect to that violation, channel video programming service, Internet CONTRACTS’’ after ‘‘LEASES’’. along with costs and a reasonable attorney access service, or residential utility service (c) CLERICAL AMENDMENTS.—The table of fee. involving the provision of water, electricity, contents in section 1(b) of such Act is ‘‘SEC. 802. PRIVATE RIGHT OF ACTION. home heating oil, or natural gas. amended— ‘‘(a) IN GENERAL.—Any person aggrieved by ‘‘(d) FAMILY PLANS.—In the case of a con- (1) by striking the item relating to title III a violation of this Act may in a civil ac- tract for cellular telephone service entered and inserting the following new item: tion—

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.007 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12154 CONGRESSIONAL RECORD — HOUSE November 2, 2009 ‘‘(1) obtain any appropriate equitable or ‘‘Sec. 802. Private right of action. erans-related benefits, including activities declaratory relief with respect to the viola- ‘‘Sec. 803. Preservation of remedies.’’. carried out pursuant to a contract entered tion; and TITLE III—OTHER BENEFITS MATTERS into under subsection (c). ‘‘(2) recover all other appropriate relief, in- SEC. 301. IMPROVEMENT OF OUTREACH ACTIVI- ‘‘(2) A State veterans agency that receives cluding monetary damages. TIES WITHIN DEPARTMENT OF VET- a grant under this subsection may award all ‘‘(b) COSTS AND ATTORNEY FEES.—The court ERANS AFFAIRS. or a portion of the grant to county veterans may award to a servicemember who prevails (a) IN GENERAL.—Chapter 5 is amended by agencies within the State to provide out- in an action brought under subsection (a) the adding at the end the following new sub- reach services for veterans, on the basis of costs of the action, including a reasonable chapter: the number of veterans residing in the juris- attorney fee. ‘‘SUBCHAPTER IV—OUTREACH diction of each county. ‘‘SEC. 803. PRESERVATION OF REMEDIES. ACTIVITIES ‘‘(3) To be eligible for a grant under this ‘‘Nothing in section 801 or 802 shall be con- subsection, a State or county veterans agen- ‘‘§ 561. Outreach activities: coordination of ac- strued to preclude or limit any remedy oth- cy shall submit to the Secretary an applica- tivities within the Department erwise available under other law, including tion containing such information and assur- consequential and punitive damages.’’. ‘‘(a) COORDINATION PROCEDURES.—The Sec- ances as the Secretary may require. The Sec- (b) CONFORMING AMENDMENTS.—Such Act is retary shall establish and maintain proce- retary shall require a State or county vet- further amended as follows: dures for ensuring the effective coordination erans agency to include, as part of the agen- (1) Section 207 (50 U.S.C. App. 527) is of the outreach activities of the Department cy’s application— amended by striking subsection (f). between and among the following: ‘‘(A) a three-year plan for the use of the (2) Section 301(c) (50 U.S.C. App. 531(c)) is ‘‘(1) The Office of the Secretary. grant; and amended to read as follows: ‘‘(2) The Office of Public Affairs. ‘‘(B) a description of the programs through ‘‘(c) MISDEMEANOR.—Except as provided in ‘‘(3) The Veterans Health Administration. which the agency will meet the annual out- subsection (a), a person who knowingly takes ‘‘(4) The Veterans Benefits Administration. come measures developed by the Secretary part in an eviction or distress described in ‘‘(5) The National Cemetery Administra- under paragraph (4). tion. subsection (a), or who knowingly attempts ‘‘(4)(A) The Secretary shall develop and ‘‘(b) ANNUAL REVIEW OF PROCEDURES.—The to do so, shall be fined as provided in title 18, provide to the recipient of a grant under this Secretary shall— United States Code, or imprisoned for not subsection written guidance on annual out- ‘‘(1) annually review the procedures in ef- more than one year, or both.’’. come measures, Department policies, and fect under subsection (a) for the purpose of (3) Section 302(b) (50 U.S.C. App. 532(b)) is procedures for applying for grants under this ensuring that those procedures meet the re- amended to read as follows: section. ‘‘(b) MISDEMEANOR.—A person who know- quirements of that subsection; and ‘‘(B) The Secretary shall annually review ingly resumes possession of property in vio- ‘‘(2) make such modifications to those pro- the performance of each State or county vet- lation of subsection (a), or in violation of cedures as the Secretary considers appro- erans agency that receives a grant under this section 107 of this Act, or who knowingly at- priate in light of such review in order to bet- section. tempts to do so, shall be fined as provided in ter achieve that purpose. ‘‘(C) In the case of a State or county vet- title 18, United States Code, or imprisoned ‘‘§ 562. Outreach activities: cooperative activi- for not more than one year, or both.’’. erans agency that is a recipient of a grant ties with States; grants to States for im- under this subsection that does not meet the (4) Section 303(d) (50 U.S.C. App. 533(d)) is provement of outreach amended to read as follows: annual outcome measures developed by the ‘‘(a) PURPOSE.—It is the purpose of this Secretary, the Secretary shall require the ‘‘(d) MISDEMEANOR.—A person who know- section to provide for assistance by the Sec- agency to submit a remediation plan under ingly makes or causes to be made a sale, retary to State and county veterans agencies foreclosure, or seizure of property that is which the agency shall describe how and to carry out programs in locations within when it plans to meet such outcome meas- prohibited by subsection (c), or who know- the respective jurisdictions of such agencies ingly attempts to do so, shall be fined as pro- ures. The Secretary must approve such plan that offer a high probability of improving before the Secretary may make a subsequent vided in title 18, United States Code, or im- outreach and assistance to veterans, and to prisoned for not more than one year, or grant to that agency under this subsection. the spouses, children, and parents of vet- ‘‘(5) No portion of any grant awarded under both.’’. erans, to ensure that such individuals are (5) Section 305(h) (50 U.S.C. App. 535(h)) is this subsection may be used for the purposes fully informed about, and assisted in apply- of administering the grant funds or to sub- amended to read as follows: ing for, any veterans’ and veterans-related ‘‘(h) MISDEMEANOR.—Any person who sidize the salaries of State or county vet- benefits and programs (including State vet- erans service officers or other employees of a knowingly seizes, holds, or detains the per- erans’ programs) for which they may be eli- sonal effects, security deposit, or other prop- State or county veterans agency that re- gible. ceives a grant under this subsection. erty of a servicemember or a ‘‘(b) PRIORITY FOR AREAS WITH HIGH CON- ‘‘(6) Federal funds provided to a State or servicemember’s dependent who lawfully ter- CENTRATION OF ELIGIBLE INDIVIDUALS.—In county veterans agency under this sub- minates a lease covered by this section, or providing assistance under this section, the section may not be used to provide more who knowingly interferes with the removal Secretary shall give priority to State and than 50 percent of the total cost of the State of such property from premises covered by county veteran agencies in locations— or county government activities described in such lease, for the purpose of subjecting or ‘‘(1) that have relatively large concentra- paragraph (1) and shall be used to expand ex- attempting to subject any of such property tions of populations of veterans and other in- isting outreach programs and services and to a claim for rent accruing subsequent to dividuals referred to in subsection (a); or not to supplant State and local funding that the date of termination of such lease, or at- ‘‘(2) that are experiencing growth in the is otherwise available. tempts to do so, shall be fined as provided in population of veterans and other individuals title 18, United States Code, or imprisoned referred to in subsection (a). ‘‘(7) In awarding grants under this sub- for not more than one year, or both.’’. ‘‘(c) CONTRACTS FOR OUTREACH SERVICES.— section, the Secretary shall give priority to (6) Section 306(e) (50 U.S.C. App. 536(e)) is The Secretary may enter into a contract State and county veterans agencies that amended to read as follows: with a State or county veterans agency in serve the largest populations of veterans. ‘‘(e) MISDEMEANOR.—A person who know- order to carry out, coordinate, improve, or ‘‘(8)(A) In a case in which a county govern- ingly takes an action contrary to this sec- otherwise enhance outreach by the Depart- ment does not have a county veterans agen- tion, or attempts to do so, shall be fined as ment and the State or county (including out- cy, the county government may be awarded provided in title 18, United States Code, or reach with respect to a State or county vet- a grant under this subsection to establish imprisoned for not more than one year, or erans program). As a condition of entering such an agency. both.’’. into any such contract, the Secretary shall ‘‘(B) In a case in which a county govern- (7) Section 307(c) (50 U.S.C. App. 537(c)) is require the agency to submit annually to the ment does not have a county veterans agen- amended to read as follows: Secretary a three-year plan for the use of cy and does not seek to establish such an ‘‘(c) MISDEMEANOR.—A person who know- any funds provided to the agency pursuant to agency through the use of a grant under this ingly takes an action contrary to this sec- the contract and to meet the annual out- subsection, the State veterans agency for the tion, or attempts to do so, shall be fined as come measures developed by the Secretary State in which the county is located may use provided in title 18, United States Code, or under subsection (d)(4). a grant under this section to provide out- imprisoned for not more than one year, or ‘‘(d) GRANTS.—(1) The Secretary may make reach services for that county. both.’’. a grant to a State or county veterans agency ‘‘(C) In the case of a State in which no (c) CLERICAL AMENDMENT.—The table of to be used to carry out, coordinate, improve, State or county veterans agency seeks to re- contents in section 1(b) of such Act is or otherwise enhance— ceive a grant under this subsection, the amended by adding at the end the following ‘‘(A) outreach activities, including activi- funds that would otherwise be allocated for new items: ties carried out pursuant to a contract en- that State shall be reallocated to those ‘‘TITLE VIII—CIVIL LIABILITY tered into under subsection (c); and States in which county veterans agencies ‘‘Sec. 801. Enforcement by the Attorney ‘‘(B) activities to assist in the development exist and have sought grants under this sub- General. and submittal of claims for veterans and vet- section.

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.007 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12155 ‘‘(9) A grant under this subsection may be ‘‘CHAPTER 80—VISUAL IMPAIRMENT AND chapter, the tuition and fees shall not exceed used to provide education and training, in- ORIENTATION AND MOBILITY PROFES- the amounts necessary for the minimum cluding on-the-job training, for State, coun- SIONALS EDUCATION ASSISTANCE PRO- number of credit hours to achieve such dual ty, and local government employees who pro- GRAM certification or degree. vide (or when trained will provide) veterans ‘‘Sec. ‘‘(b) RELATIONSHIP TO OTHER ASSISTANCE.— outreach services in order for those employ- ‘‘8001. Establishment of scholarship program; Financial assistance may be provided to an ees to obtain accreditation in accordance purpose. individual under this chapter to supplement with procedures approved by the Secretary ‘‘8002. Application and acceptance. other educational assistance to the extent and, for employees so accredited, for pur- ‘‘8003. Amount of assistance; duration. that the total amount of educational assist- poses of continuing education. ‘‘8004. Agreement. ance received by the individual during an ‘‘(e) DEFINITIONS.—For the purposes of this ‘‘8005. Repayment for failure to satisfy re- academic year does not exceed the total tui- section: quirements of agreement. tion and fees for such academic year. ‘‘(1) The term ‘State veterans agency’ ‘‘§ 8001. Establishment of scholarship pro- ‘‘(c) MAXIMUM AMOUNT OF ASSISTANCE.—(1) means the element of the government of a gram; purpose In no case may the total amount of assist- State that has responsibility for programs ‘‘(a) ESTABLISHMENT.—Subject to the avail- ance provided under this chapter for an aca- and activities of that State government re- ability of appropriations, the Secretary shall demic year to an individual who is a full- lating to veterans benefits. establish and carry out a scholarship pro- time student exceed $15,000. ‘‘(2) The term ‘county veterans agency’ gram to provide financial assistance in ac- ‘‘(2) In the case of an individual who is a means the element of the government of a cordance with this chapter to an individual— part-time student, the total amount of as- county or municipality that has responsi- ‘‘(1) who is accepted for enrollment or cur- sistance provided under this chapter shall bility for programs and activities of that rently enrolled in a program of study leading bear the same ratio to the amount that county or municipal government relating to to a degree or certificate in visual impair- would be paid under paragraph (1) if the par- veterans benefits. ment or orientation and mobility, or a dual ticipant were a full-time student in the pro- ‘‘§ 563. Outreach activities: funding degree or certification in both such areas, at gram of study being pursued by the indi- ‘‘(a) SEPARATE ACCOUNT.—Amounts for the an accredited (as determined by the Sec- vidual as the coursework carried by the indi- outreach activities of the Department under retary) educational institution that is in a vidual to full-time coursework in that pro- this subchapter shall be budgeted and appro- State; and gram of study. priated through a separate appropriation ac- ‘‘(2) who enters into an agreement with the ‘‘(3) In no case may the total amount of as- count. Secretary as described in section 8004 of this sistance provided to an individual under this ‘‘(b) SEPARATE STATEMENT OF AMOUNT.—In chapter. chapter exceed $45,000. the budget justification materials submitted ‘‘(b) PURPOSE.—The purpose of the scholar- ship program established under this chapter ‘‘(d) MAXIMUM DURATION OF ASSISTANCE.— to Congress in support of the Department The Secretary may provide financial assist- budget for any fiscal year (as submitted with is to increase the supply of qualified blind rehabilitation specialists for the Department ance to an individual under this chapter for the budget of the President under section not more than six years. 1105(a) of title 31), the Secretary shall in- and the Nation. clude a separate statement of the amount re- ‘‘(c) OUTREACH.—The Secretary shall pub- ‘‘§ 8004. Agreement licize the scholarship program established quested to be appropriated for that fiscal ‘‘An agreement between the Secretary and under this chapter to educational institu- year for the account specified in subsection a participant in the scholarship program tions throughout the United States, with an (a). under this chapter shall be in writing, shall emphasis on disseminating information to ‘‘§ 564. Definition of outreach be signed by the participant, and shall in- such institutions with high numbers of His- clude— ‘‘For purposes of this subchapter, the term panic students and to Historically Black Col- ‘‘(1) the Secretary’s agreement to provide ‘outreach’ means the act or process of taking leges and Universities. steps in a systematic manner to provide in- the participant with financial assistance as ‘‘§ 8002. Application and acceptance formation, services, and benefits counseling authorized under this chapter; to veterans, and the survivors of veterans, ‘‘(a) APPLICATION.—(1) To apply and par- ‘‘(2) the participant’s agreement— who may be eligible to receive benefits under ticipate in the scholarship program under ‘‘(A) to accept such financial assistance; the laws administered by the Secretary to this chapter, an individual shall submit to ‘‘(B) to maintain enrollment and attend- ensure that those individuals are fully in- the Secretary an application for such par- ance in the program of study described in formed about, and assisted in applying for, ticipation together with an agreement de- section 8001(a)(1) of this chapter; any benefits and programs under such laws scribed in section 8004 of this chapter under ‘‘(C) while enrolled in such program, to for which they may be eligible. which the participant agrees to serve a pe- maintain an acceptable level of academic riod of obligated service in the Department standing (as determined by the educational ‘‘§ 565. Authorization of appropriations as provided in the agreement in return for institution offering such program under reg- ‘‘There is authorized to be appropriated to payment of educational assistance as pro- ulations prescribed by the Secretary); and the Secretary for each of fiscal years 2011, vided in the agreement. ‘‘(D) after completion of the program, to 2012, and 2013, $25,000,000 to carry out this ‘‘(2) In distributing application forms and serve as a full-time employee in the Depart- subchapter, including making grants under agreement forms to individuals desiring to ment for a period of three years, to be served section 562(d) of this title.’’. participate in the scholarship program, the within the first six years after the partici- (b) CLERICAL AMENDMENT.—The table of Secretary shall include with such forms the pant has completed such program and re- sections at the beginning of such chapter is following: ceived a degree or certificate described in amended by adding at the end the following ‘‘(A) A fair summary of the rights and li- section 8001(a)(1) of this chapter; and new items: abilities of an individual whose application ‘‘(3) any other terms and conditions that ‘‘SUBCHAPTER IV—OUTREACH ACTIVITIES is approved (and whose agreement is accept- the Secretary determines appropriate for ‘‘561. Outreach activities: coordination of ac- ed) by the Secretary. carrying out this chapter. tivities within the Department. ‘‘(B) A full description of the terms and conditions that apply to participation in the ‘‘§ 8005. Repayment for failure to satisfy re- ‘‘562. Outreach activities: cooperative activi- scholarship program and service in the De- quirements of agreement ties with States; grants to partment. ‘‘(a) IN GENERAL.—An individual who re- States for improvement of out- ‘‘(b) APPROVAL.—(1) Upon the Secretary’s ceives educational assistance under this reach. approval of an individual’s participation in chapter shall repay to the Secretary an ‘‘563. Outreach activities: funding. the scholarship program, the Secretary amount equal to the unearned portion of ‘‘564. Definition of outreach. shall, in writing, promptly notify the indi- such assistance if the individual fails to sat- ‘‘565. Authorization of appropriations.’’. vidual of that acceptance. isfy the requirements of the agreement en- (c) DEADLINE FOR IMPLEMENTATION.—The ‘‘(2) An individual becomes a participant in tered into under section 8004 of this chapter, Secretary of Veterans Affairs shall imple- the scholarship program upon such approval except in circumstances authorized by the ment the outreach activities required under by the Secretary. Secretary. subchapter IV of chapter 5 of title 38, United States Code, as added by subsection (a), by ‘‘§ 8003. Amount of assistance; duration ‘‘(b) AMOUNT OF REPAYMENT.—The Sec- not later than 120 days after the date of the ‘‘(a) AMOUNT OF ASSISTANCE.—The amount retary shall establish, by regulations, proce- enactment of this Act. of the financial assistance provided for an in- dures for determining the amount of the re- payment required under this subsection and SEC. 302. VISUAL IMPAIRMENT AND ORIENTA- dividual under this chapter shall be the TION AND MOBILITY PROFES- amount determined by the Secretary as the circumstances under which an exception SIONALS EDUCATION ASSISTANCE being necessary to pay the tuition and fees to the required repayment may be granted. PROGRAM. of the individual. In the case of an individual ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- (a) ESTABLISHMENT OF PROGRAM.—Part V is enrolled in a program of study leading to a ANCE.—The Secretary shall prescribe regula- amended by adding at the end the following dual degree or certification in both the areas tions providing for the waiver or suspension new chapter: of study described in section 8001(a)(1) of this of any obligation of an individual for service

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.007 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12156 CONGRESSIONAL RECORD — HOUSE November 2, 2009 or payment under this chapter (or an agree- leave, deserter, or dropped-from-rolls status vide the VA Secretary with a group of ment under this chapter) whenever non- or was voluntarily absent from a place of subject matter experts to help work to compliance by the individual is due to cir- duty. ensure our heroes have the educational cumstances beyond the control of the indi- ‘‘(3) The term ‘training-related injury’ opportunities they’ve earned. vidual or whenever the Secretary determines means an injury incurred by a member of the that the waiver or suspension of compliance Armed Forces while performing authorized Furthermore, this comprehensive bill is in the best interest of the United States. training activities in preparation for a com- includes important updates to the ‘‘(d) OBLIGATION AS DEBT TO UNITED bat mission.’’. Servicemembers Civil Relief Act. H.R. STATES.—An obligation to repay the Sec- (c) GUIDANCE REQUIRED.—The Secretary of 3949 will strengthen our efforts nation- retary under this section is, for all purposes, Veterans Affairs, in consultation with the ally to support veterans, servicemem- a debt owed the United States. A discharge Secretary of Defense, shall develop guidance bers and their families during deploy- in bankruptcy under title 11 does not dis- under which the parent of a person described ment. The bill will allow greater flexi- charge a person from such debt if the dis- in paragraph (9)(B) of subsection (a) of sec- bility for family cell phone plans, rent- charge order is entered less than five years tion 2402 of title 38, United States Code, may after the date of the termination of the be designated for interment in a national al leases, and motor vehicle leases agreement or contract on which the debt is cemetery under that section. when servicemembers are deployed or based.’’. (d) CONFORMING AMENDMENTS.— required to change duty stations. The (b) CLERICAL AMENDMENTS.—The tables of (1) CROSS-REFERENCE CORRECTION.—Section bill authorizes the U.S. Attorney Gen- chapters at the beginning of title 38, United 107 is amended by striking ‘‘section 2402(8)’’ eral to bring a civil action in U.S. dis- States Code, and of part V of such title, are both places it appears and inserting ‘‘section trict courts to enforce provisions of the each amended by inserting after the item re- 2402(a)(8)’’. Servicemembers Civil Relief Act. lating to chapter 79 the following new item: (2) CROSS-REFERENCE CORRECTION.—Section The provisions on the Servicemem- ‘‘80. Visual Impairment and Orienta- 2301(e) is amended by striking ‘‘section 2402(6)’’ and inserting ‘‘section 2402(a)(6)’’. bers Civil Relief Act included in H.R. tion and Mobility Professionals 3949 are a collaborative effort that in- Education Assistance Program ... 8001’’. (3) CROSS-REFERENCE CORRECTION.—Section 2306(a) is amended— cludes bills introduced by Representa- (c) EFFECTIVE DATE.—The Secretary of Veterans Affairs shall implement chapter 80 (A) in paragraph (2), by striking ‘‘section tives BRAD MILLER of North Carolina, of title 38, United States Code, as added by 2402(4)’’ and inserting ‘‘section 2402(a)(4)’’; Representative GERALD CONNOLLY of subsection (a), not later than six months and Virginia and Representative PATRICK after the date of the enactment of this Act. (B) in paragraph (4), by striking ‘‘section MURPHY of Pennsylvania, respectively. 2402(5)’’ and inserting ‘‘section 2402(a)(5)’’. SEC. 303. INTERMENT IN NATIONAL CEMETERIES Their efforts to protect our deployed (e) EFFECTIVE DATE.—The amendments OF PARENTS OF CERTAIN DECEASED servicemembers are commendable. VETERANS. made by this section shall apply with respect to the death, on or after the date of the en- Another important provision in- (a) SHORT TITLE.—This section may be cluded in this legislation seeks to as- cited as the ‘‘Corey Shea Act’’. actment of this Act, of the parent of a person described in section 2402(a)(9)(B) of title 38, sist in VA’s outreach efforts to im- (b) INTERMENT OF PARENTS OF CERTAIN DE- United States Code, as added by subsection CEASED VETERANS.—Section 2402 is amend- prove coordination among the key of- ed— (a), who dies on or after October 7, 2001. fices within the Department of Vet- (1) In the matter preceding paragraph (1), The SPEAKER pro tempore. Pursu- erans Affairs. This provision was origi- by striking ‘‘Under such regulations’’ and in- ant to the rule, the gentleman from nally introduced by my colleague, Rep- serting ‘‘(a) Under such regulations’’; Minnesota (Mr. WALZ) and the gen- resentative MIKE MCINTYRE of North (2) by moving the margins of paragraphs (1) tleman from Florida (Mr. STEARNS) Carolina. through (8) two ems to the right; each will control 20 minutes. To help the 160,000 legally blind vet- (3) by inserting after paragraph (8) the fol- The Chair recognizes the gentleman erans in the United States, a provision lowing new paragraph: ‘‘(9)(A) The parent of a person described in from Minnesota. of this bill would establish a scholar- subparagraph (B), if the Secretary deter- Mr. WALZ. Mr. Speaker, I yield my- ship program for students seeking a de- mines that there is available space at the self as much time as I may consume. gree or a certificate in the area of vis- gravesite where the person described in sub- H.R. 3949, as amended, the Veterans’ ual impairment, orientation and mobil- paragraph (B) is interred. Small Business Assistance and Service- ity. This would help our blind veterans ‘‘(B) A person described in this subpara- members Protection Act of 2009, is a by increasing the number of vision re- graph is a person described in paragraph (1) necessary cornerstone to grant deserv- habilitation specialists with the appro- who— ing heroes the protections and opportu- priate education and training. I would ‘‘(i) is a hostile casualty or died from a nities to succeed. This legislation in- training-related injury; like to thank Representative SHEILA ‘‘(ii) is interred in a national cemetery; cludes several important provisions JACKSON-LEE of Texas for her contin- and and would not be possible without the ued leadership on this issue and her ‘‘(iii) at the time of the person’s parent’s hard work of many members of this dedication to the needs of our veterans. death, did not have a spouse, surviving committee and of Congress as a whole. Finally, the legislation honors our spouse, or child who is buried or who, upon H.R. 3949 addresses the needs of vet- fallen American heroes by providing an death, may be eligible for burial in a na- eran-owned small businesses. A provi- eligible parent of a deceased veteran to tional cemetery pursuant to paragraph (5).’’; sion of the bill will require that all be buried in a VA national cemetery and businesses listed in the Department of when the deceased veteran does not (4) by adding at the end the following new subsection: Veterans Affairs VetBiz Vendor Infor- have an immediate spouse or child. I ‘‘(b) For purposes of subsection (a)(9) of mation Pages database have been con- want to thank Representative BARNEY this section: firmed as veteran-owned small busi- FRANK of Massachusetts for intro- ‘‘(1) The term ‘parent’ means a biological nesses so our veterans are furnished ducing this incredibly important piece father or a biological mother or, in the case the economic benefits that Congress in- of legislation. of adoption, a father through adoption or a tended them to receive through their Mr. Speaker, this bipartisan legisla- mother through adoption. military service and sacrifice. I would tion will provide needed changes for ‘‘(2) The term ‘hostile casualty’ means a again like to thank Congresswoman our veterans and their families while person who, as a member of the Armed Forces, dies as the direct result of hostile ac- HERSETH SANDLIN, chairwoman of the addressing the unique needs of veterans tion with the enemy, while in combat, while Subcommittee on Economic Oppor- and servicemembers as they serve the going to or returning from a combat mission tunity, for her continued leadership on country. I would like to thank the if the cause of death was directly related to this issue. committee’s ranking member, Rep- hostile action, or while hospitalized or un- H.R. 3949 also includes a timely bill, resentative STEVE BUYER of Indiana, dergoing treatment at the expense of the first introduced by one of our active members of the committee and my col- United States for injury incurred during committee members, Representative leagues for working in a bipartisan combat, and includes a person killed mistak- ANN KIRKPATRICK of Arizona. This pro- manner on H.R. 3949. Again, I would enly or accidentally by friendly fire directed vision seeks to reauthorize the Vet- at a hostile force or what is thought to be a like to thank my colleagues who got hostile force, but does not include a person erans’ Advisory Committee on Edu- this final bill here and for helping our who dies due to the elements, a self-inflicted cation whose authorization is set to ex- veterans. wound, combat fatigue, or a friendly force pire at the end of this year. Reauthor- With that, Mr. Speaker, I reserve the while the person was in an absent-without- izing the advisory committee will pro- balance of my time.

VerDate Nov 24 2008 04:34 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.007 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12157 Mr. STEARNS. Mr. Speaker, I yield nomic times, they need the help sec- event that the individual fails to fulfill myself such time as I may consume. tion 102 would have provided. While I the conditions that are specified in this It appears this legislation has a lot of regret that this important provision scholarship. wonderful components in it. It rep- isn’t in the bill today, we hope to work Finally, my colleagues, the bill resents about seven individual bills. It with the Small Business Committee would define the conditions under would amend title 38 of the United and the Oversight and Government Re- which the parents of a deceased vet- States Code and the Servicemembers form Committee to ultimately reach eran could be buried with the veteran Civil Relief Act to make certain im- an agreement on a way to allow serv- in a national cemetery. provements in the laws relating to ben- ice-disabled veteran-owned small busi- I support this bill. I urge my col- efits administered by the Secretary of nesses just simply a fair opportunity to leagues to support it. Veterans Affairs, and for other pur- obtain sole source contracts from the Mr. Speaker, I reserve the balance of poses. Veterans Administration. Servicemem- my time. The bill, H.R. 3949, is designed to con- bers continue to experience service Mr. WALZ. Mr. Speaker, before I tinue the Veterans’ Advisory Com- contract and lease difficulties that are yield time to my chairwoman, I would mittee on Education, improve protec- related to permanent change of duty like to say I concur with the gen- tions under the Servicemembers Civil stations and deployments. H.R. 3949 tleman from Florida’s assessment on Relief Act, improve VA outreach pro- would clarify the member’s rights and section 102. And when we looked at grams, establish a VA scholarship pro- obligations under the Servicemembers this, one of the things we discussed was gram, and expand eligibility for burial Civil Relief Act, or SCRA, when termi- this was procedural because of the ju- in a national cemetery. nating a service contract or lease due risdictional issues. And I would sure be Public Law 109–461 requires VA to to military orders. willing to work with the gentleman to maintain a database of veteran- and The bill also contains provisions that make sure we do bring that back up disabled veteran-owned small busi- would authorize the United States At- again. I think the issue here was all of nesses and to validate the ownership torney General to initiate action in a the good in this bill would have been and control any business included in U.S. district court on behalf of a vet- held back and we wouldn’t have been the database. Implementing those pro- eran whose rights under SCRA may able to move any of it forward as we visions, VA has allowed any business have been violated and allows courts to worked out the jurisdictional issues. that applies for inclusion in the data- provide relief to the member, including So I do concur with your assessment base to be listed prior to being vali- monetary damages, and assess civil that it is an important piece. We did dated. The bill would require VA to list penalties up to $110,000. Unfortunately, vote on it unanimously, and I think only those businesses that have been courts sometimes fail to recognize the down the road here we need to get it in. validated. This will prevent non- individual right of action that is im- Mr. STEARNS. If the gentleman will veteran-owned businesses from mis- plicit in the Servicemembers Civil Re- yield, I thank my colleague for his sup- representing themselves as veteran- lief Act. As one hearing witness noted, port, and I look forward to working owned. it makes no sense to provide a right with him. Mr. Speaker, I did want to bring to and then deny the individual the abil- Mr. WALZ. At this time I yield 5 my colleagues’ attention the dis- ity to enforce that right. Therefore, minutes to the chairwoman of the Sub- appointment on this side of the aisle the legislation would also codify a pri- committee on Economic Opportunity, that the amended bill we are consid- vate right of action to make it clear to Ms. HERSETH SANDLIN. ering drops section 102 from H.R. 3949, all courts that an individual has a Ms. HERSETH SANDLIN. I thank which was unanimously reported by right to bring legal action to protect the gentleman for yielding. the Veterans’ Affairs Committee. Sec- rights granted under SCRA. I rise today in strong support of H.R. tion 102 would clarify that Congress in- Title 3 of the bill includes an author- 3949, the Veterans’ Small Business As- tends to allow VA contracting officers ization to allow VA to provide up to $25 sistance and Servicemembers Protec- at the Department of Veterans Affairs million in grants to State veterans tion Act of 2009, which the full Vet- to award sole source contracts to serv- agencies and to allow these agencies to erans’ Affairs Committee approved ice-disabled veteran-owned small busi- provide all or a portion of these grants with bipartisan support last week and nesses on the same basis as so-called to county veterans service agencies to which contains legislation I intro- 8(a) businesses under the Small Busi- increase outreach to veterans. duced, along with the ranking member ness Act. VA contracting officers often of the Economic Opportunities Sub- 1500 interpret the Small Business Act as b committee, Mr. BOOZMAN, to verify the giving 8(a) firms a higher priority than Such grants carry with them signifi- veteran status of small businesses list- service-disabled veteran-owned small cant responsibility for the VA and ed in the VetBiz Vendor Information businesses, which we do not believe is State and local veterans agencies to Pages, known as the VIP database. consistent with congressional intent. ensure simply these funds are properly I would like to thank full committee All this provision would do is to give accounted for and to measure the re- Chairman FILNER and Ranking Member veterans a level playing field with 8(a), sults of this provision. BUYER for their leadership and support women- and minority-owned small One of the least discussed injuries for this legislation. businesses. So obviously we’re dis- due to the traumatic effects of impro- The overall bill under consideration appointed. We’re not clear why this vised explosive devices is the damage by the House combines the provisions happened, but we wanted to bring that to the body’s visual system. Unfortu- from a number of other bills into to the attention of my colleagues. nately, these effects may be subtle at strong legislation that will assist a Furthermore, service-connected dis- first or not occur immediately after broad array of veterans in a variety of abled veteran small business owners the event. To accommodate the in- ways, and I applaud Chairman FILNER have earned and deserve an equal level creasing number of visually impaired for moving this legislation forward. of priority for VA contracts. Unfortu- veterans whose sight has been affected The bill updates the Servicemembers nately, the Small Business Committee either directly by combat or the effects Civil Relief Act and burial regulations majority and the Oversight and Gov- of aging and disease, title III also for national cemeteries. It creates a ernment Reform Committee majority would authorize the VA to grant schol- scholarship program to improve the have asserted jurisdiction and are hold- arships to persons in educational pro- eye care available to veterans and im- ing up this important provision to help grams relating to treating visual im- proves the Department of Veterans Af- service-disabled veteran-owned small pairment and mobility issues. fairs’ outreach efforts by improving co- business, and this is just a week before Now persons receiving such scholar- ordination among key offices within Veterans Day, I might add. ships would be required to commit to the VA. Service-disabled veteran-owned small working within the VA health care sys- The Veterans Small Business Verifi- business owners are men and women of tem for a requisite number of years. cation Act that Mr. BOOZMAN and I in- all races and economic groups from all The bill also stipulates conditions for troduced follows up on legislation Con- over the country. In these difficult eco- repayment of the scholarships in the gress passed in 2006 requiring the VA to

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.025 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12158 CONGRESSIONAL RECORD — HOUSE November 2, 2009 maintain its VIP database and verify ‘‘mays’’ to ‘‘shalls’’ and things. So, At that point Senator KERRY and I that applicants for inclusion in the again, like I said, hopefully we can re- decided to see what we could do. So we database were veteran-owned small solve that problem. filed legislation to alleviate that, and I businesses or service-disabled veteran- This is a very, very good bill. I think am enormously grateful to all mem- owned small businesses. Once firms it’s something that all of the com- bers from both parties in the Com- register in the VIP database, they mittee can be very, very proud of. This mittee on Veterans’ Affairs for the qualify to receive set-aside or sole- is the kind of work that we want com- speed with which they acted and the source awards. ing out of the Veterans’ Affairs Com- grace they showed to this brave, griev- The Economic Opportunity Sub- mittee, and so I very much support it. ing mother. And I am very pleased that committee learned through hearings Again, special thanks to Ms. HERSETH the bill which we would dare concur in, and meetings with VA staff and the SANDLIN, Chairman FILNER, and Rank- called the Corey Shea Act, is going to veterans community that the database ing Member BUYER. be included in this package. contained firms that didn’t qualify be- Mr. STEARNS. Mr. Speaker, I have Mr. Speaker, rather than go further cause the verification process was vol- no further requests for time, and I myself, I’m going to read the testi- untary. This voluntary process meant yield back the balance of my time. mony that Denise Anderson, the moth- that while the VIP database included Mr. WALZ. Mr. Speaker, at this time er of Corey Shea, presented to the over 16,000 businesses, less than 1,000 I yield such time as he may consume to Committee on Veterans’ Affairs. We had received verification of their vet- the gentleman from Massachusetts obviously exhausted our remedies, I eran status or had voluntarily sub- (Mr. FRANK), who had an important should say. She applied. Only after it mitted information to be verified. piece of this bill incorporated in. was clear that only legislation would While I’m pleased that Veterans Af- Mr. FRANK of Massachusetts. Mr. work did we file a bill. fairs Secretary Shinseki has taken Speaker, this is a sad day for me be- And, of course, I should point out, as steps since these hearings over the past cause it is close to the anniversary of a tribute to Denise Anderson, this isn’t 6 months to improve the process by the death in Iraq of a very brave young a bill just for her and her son who lost which businesses are verified, this bill man, Corey Shea, whose picture is his life. It’s a bill for any parent of any will ensure our veterans are afforded here. young member of the military who will the small business opportunities He was killed in Iraq just the day know at least that that’s available to they’re due. after Veterans Day of last year, and I him or to her. The Veterans Small Business Verifi- went to the funeral, along with my col- So nearly a year after her son was cation Act would amend title XXXVIII league Senator KERRY, to the town of killed in Iraq, she had the opportunity to clarify current law and require the Mansfield, Massachusetts. Like I think to address the committee, and here’s VA to verify that firms are veteran- most Members, I try very hard to at- what she said: owned small businesses or service-dis- tend the funeral of every young man ‘‘I stand before you humbly asking abled veteran-owned small businesses and woman who is killed in the service you to pass or amend this bill number in order to be listed in the VIP data- of the country. It’s the least we can do. H.R. 761. This would allow me to be in- base. Furthermore, it requires that the It’s not a great deal, but it’s the least terred with my son, who was killed in VA notify small businesses already we can do to show a small piece of the action in Mosul, Iraq on November 12, listed in the database of the need to gratitude we feel to those people and 2008. He sacrificed his life for his coun- verify their status. our obligation to their families. try, and I sacrifice every day being In conclusion, H.R. 3949 takes impor- Also, it seems to me, anybody in our without him. tant steps toward providing needed as- position who has to vote on going to ‘‘My son, Corey, had a heart as big as sistance in a number of areas to those war needs to fully understand the con- the world. He would be the first one to veterans who have bravely served their sequences of those votes, and going to volunteer or help someone in need. But country. I encourage my colleagues to the funerals of the young people killed he would always hesitate to ask for support H.R. 3949. in those wars ought to be mandatory help. He was a lot like me in that way, Mr. STEARNS. Mr. Speaker, I yield for any of us who vote. That doesn’t but today I show my passion for this such time as he may consume to the mean you don’t vote for the war. I bill by standing in front of you asking gentleman from Arkansas (Mr. voted for the war in Afghanistan. I’ve for your help. If you knew my son, you BOOZMAN). been to funerals of people killed there. would understand what kind of person Mr. BOOZMAN. I thank Mr. STEARNS But it is an important thing to ham- he was. He was a very respectful young for yielding. mer home. man who would do anything for any- Mr. Speaker, I too rise in support of In this case at the funeral I met an body. He was my heart and soul, and I H.R. 3949, several provisions of which extraordinary woman, Denise Ander- cannot express the bond between us. If originated in the Subcommittee on son, the mother of Corey Shea, who you have children, you might under- Economic Opportunity. I want to espe- was, in her grief at the loss of her won- stand, but losing a child is against na- cially thank Chairwoman HERSETH derful young son, further concerned be- ture and he should be burying me. SANDLIN for her leadership in moving cause he would be buried alone. ‘‘I was a single parent until Corey these provisions, as well as Chairman His country took him when he was was about 8 years old. His biological fa- FILNER and Ranking Member BUYER for too young to have married or raised a ther was not around. In fact, he was in bringing the bill to the floor. family. So under the rules of eligibility prison. He never paid child support, I did have one major disappointment, for burial at a veterans cemetery, he and I worked over 60 hours a week just and Mr. STEARNS alluded to it earlier, was to be buried alone. His mother said to support him and make sure he had in the effort to get the ‘‘may’’ to as bad as it was for her to lose her son, everything he needed. Jeff took over ‘‘shall’’ provisions, business provisions, the thought that he would be alone for- the job of stepfather and Corey gladly that merely would have put disabled ever added greatly to her pain. So she accepted him. When he came home on veteran-owned small businesses on an had asked if she could be buried with leave, we would stay up until the sun equal footing with 8(a) firms when him, and she was turned down. came up. I did not want to miss a competing for sole-source contracts at Now, under the rules a member of the minute with him. the Department of Veterans Affairs. I military eligible to be buried in a na- ‘‘My son was killed by an Iraqi sol- guess that was removed at the request tional cemetery who has a spouse with dier. These soldiers are supposed to be of the Small Business Committee. And children can have up to three parts working with our troops over in Iraq. I know Mr. WALZ is concerned and the used. So we’re not taking anything He was an Iraqi soldier for 4 years be- rest of the committee are all concerned away from someone. In Corey Shea’s fore turning on our soldiers. On that about that. case, this wonderful young man who terrible day, he killed two soldiers, in- Hopefully, we can all work together lost his life has three parts available, cluding my son, and wounded six other to reach a solution to that problem. and his mother simply asked to be al- American soldiers. This is something that literally we lowed to use one of them. She was ‘‘I was not home when the Army have all been working on for years, the turned down. came to my door, but my 18-year-old

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.026 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12159 daughter was there. She is a very intel- league from North Carolina, and by me About a quarter of our Nation’s popu- ligent person and knew why they were to improve the Servicemembers Civil lation of veterans are potentially eligi- there. She called me, not telling me Relief Act, the SCRA. This legislation ble for VA benefits and services. A what was going on, which was probably now provides real teeth and real rem- quarter of our total Nation’s popu- a good thing. But when I arrived home, edy for the protections of the SCRA. lation are potentially eligible for vet- the Mansfield police and the Army ve- Someone who is serving in our mili- erans benefits and services. This legis- hicle were parked in front of my home. tary, who is defending our country, lation will help reach out to those who My son had only a month left on his who is on active service, on active are eligible and ensure the accuracy first tour, and he would have been duty, should not have to worry about and completeness of their benefit home. After passing out, the police what is happening in court back home. claims. And under this legislation, the called the paramedics, who took me to They shouldn’t have to worry if some- Secretary of the VA would be author- the hospital. one is getting a judgment against them ized to provide grants and assistance to ‘‘The whole town came together for or their home is being foreclosed on. State veterans agencies and to our Corey. They were so involved with his Anyone who has a claim against some- county veterans service officers, those funeral, and it was very heartfelt. My one who is in our military should not who are on the front lines every day son was the only and hopefully the lose their claim, but their claim can working in counties throughout this only soldier who passed away during wait, the lawsuit can wait, until the entire Nation, to help that veteran this war in Mansfield. He is a Mansfield servicemember can come home, come when he or she walks through the door. hero. I belong to the VFW in Mansfield, to court and defend themselves, assert These activities would allow veterans Massachusetts, and I have spoken to whatever right they may have, and tell and their families to be able to get the many veterans that are members there, their side of the story. assistance they need in the develop- and they don’t have a problem with me The law is now not entirely clear ment and the submittal of their bene- being interred with my son. In fact, ev- about whether a servicemember who fits claims. The Secretary would direct eryone I spoke with doesn’t haven’t a has had that right violated, that right grants to States with large and grow- problem. to get a little break while they are on ing populations of veterans in order to ‘‘This amendment would not be tak- military service, whether they can do increase the outreach where it is most ing up any other deserving space for something about it, and the legislation needed. Grants could be used for edu- other veterans. My son has three extra now makes very clear that they can. cation and training of State and coun- plots, but he was not married nor did They can bring their own lawsuit. The ty officials to gain accreditation for he have any dependents. He did not Attorney General can bring a lawsuit, continuing education. The Secretary have time, since, like I said, he was a and the servicemember can join in would also be required to ensure that child himself. that, and the servicemember can bring the coordination of outreach activities ‘‘I could speak all day regarding my a lawsuit of their own. occurred within the Department of the son and what a wonderful and respect- A right that does not allow a remedy, VA. ful young man he was. But I am here to a right that cannot be enforced is no This bill would authorize $25 million ask you to amend the bill number H.R. right at all. This legislation now annually, which is an average of $1 per 761. If you decide to pass this, it would makes very clear that the rights under veteran, for fiscal years 2011 through give me some peace in my life to which SCRA are real rights, and our service- 2013 to improve outreach to veterans. I can pay more attention to my hus- members can devote their whole energy That, I believe, is not too much to ask. band and daughter, whom I feel I have to defense of our country and not That is something we can certainly af- been neglecting. I could finally be able worry about what is going on in a ford to do, and it is the least we can do to move forward in my life just know- courthouse back home. to reach out to those who put their ing I can spend eternity with my son. Mr. WALZ. Mr. Speaker, I yield the very lives on the line for our great Na- ‘‘Please listen with your hearts and balance of our time to the gentleman tion. amend this bill. I appreciate your time from North Carolina (Mr. MCINTYRE). This legislation is supported by the listening to me today. This may be a (Mr. MCINTYRE asked and was given National Association of County Vet- minimal issue with you, but it means permission to revise and extend his re- erans Service Officers, which is offi- everything to me. marks.) cially recognized by the Secretary of ‘‘Thank you for your attention in Mr. MCINTYRE. Mr. Speaker, I rise Veterans Affairs for ‘‘the purpose of this matter. today in support of the Veterans’ preparation, presentation, and prosecu- ‘‘Denise Anderson, proud mother of Small Business Assistance and Service- tion of claims.’’ Specialist Corey Shea, my warrior hero members Protection Act of 2009, H.R. This bill has also been endorsed by and wonderful son.’’ 3949, which includes provisions of a bill the American Legion, the Veterans of I would only say the one difference I that I introduced on the very first day Foreign Wars, the Military Officers As- would have with Mrs. Anderson is no that this Congress was sworn in this sociation of America, the Paralyzed one here takes this as a minimal issue. year, the 111th Congress, which was Veterans Association of America, and We are grateful to her for giving us one H.R. 32, the Veterans Outreach Im- the National Organization for Veterans more chance to show in a small way provement Act of 2009. I want to thank Advocacy. how much we honor those who have Chairman FILNER and Ranking Member As Veterans Day approaches in just a lost their lives. BUYER for their support, as well as the few days, it is important that we, as a I will just repeat one thing I said, Mr. many cosponsors from both sides of the Congress, demonstrate to our Nation’s Speaker, in the testimony. I cannot aisle who have joined us in this effort veterans our commitment to provide think of a greater disproportion than to honor those who have put their lives them with the benefits they deserve. what Denise Anderson gave to us, her on the line for our country, whom we May God bless those who have served son, and what she has asked us to give will soon be honoring as a Nation on our country. in return. I am pleased that at least Veterans Day. Mr. JOHNSON of Georgia. Mr. Speaker, I the House will be doing that today. This important legislation, which rise today to applaud the actions of the House passed the U.S. House unanimously of Representatives in addressing the unique b 1515 during the last session of Congress, the needs of our veterans and armed service Mr. WALZ. Mr. Speaker, I yield such 110th Congress, by a vote of 421–0, members. Whether returning home from a tour time as he may consume to my col- would improve the U.S. Department of of duty, or deploying for the first time, it is our league from North Carolina, Mr. MIL- Veterans Affairs outreach activities by responsibility to ensure these men and women LER. allowing the Department to partner are cared for when they return home. Through Mr. MILLER of North Carolina. Mr. with State and local governments to extensive educational outreach, additional Speaker, I also rise in support of this reach out to veterans and their fami- grants, scholarships, and extending protec- bill. A portion of this bill began its leg- lies regarding benefits for which they tions to today’s veterans, we can provide islative life as separate legislation in- are eligible and to assist them in devel- these men and women with the tools they troduced by WALTER JONES, my col- oping a benefits claim package. need to foster economic growth. As a member

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.028 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12160 CONGRESSIONAL RECORD — HOUSE November 2, 2009 of the House Armed Services Committee, I Soviet-controlled East Germany, effectively (24) 60 Install SQ; strongly support H.R. 3949, which further pro- allowing Soviet control over West Berlin; (25) 60 Motor Vehicle Squadron; (26) 60 Base Services Squadron; tects our nation’s veterans. I urge my col- Whereas President Harry S. Truman or- dered the stationing of U.S. B–29 Superfor- (27) 60 Medical Group; leagues to support this important bill. tresses at British airfields on June 28, 1948; (28) HHS A B Group; Mr. Speaker, our nation’s economy was Whereas Britain’s Foreign Minister Ernest (29) HQ61 Troop Carrier Group; once empowered by our returning war heroes (30) HQ313 Troop Carrier Group; Brevin, at the suggestion of Commander Sir (31) HHS61 Troop Carrier Wing; whose successful small businesses fueled the Brian Robertson, proposed employing a mili- (32) HQ317 Troop Carrier Group; country’s eventual rise as an economic super- tary airlift as an alternative to an armed (33) HQ317 Maintenance Supply Group; power. We are now witnessing the emergence convoy through the Soviet sector to provide (34) 317 Maintenance Squadron; of another great generation. It would be care- humanitarian relief to Berlin’s traumatized (35) 317 Supply Squadron; less of us not to grant this generation the and beleaguered population; (36) HHS 317 A B Group; Whereas General Lucius Clay, then United (37) 317 Communications Squadron; same opportunities to succeed. This can only States military governor of Germany, and (38) 317A Police Squadron; be done through further investment in small Major General Curtis LeMay, Commanding (39) 317 Food Services Squadron; business development. General of the United States Air Force in (40) 317 Installation Squadron; This bill would expand contract termination (41) 317 Motor Vehicle Squadron; Europe, requested Douglas C–54 Skymasters, (42) 317 Base Services Squadron; provisions for deployed servicemembers, pre- the largest transport plane available to the (43) 317 FIN DIS UT; vent additional fees for early termination, ex- United States Air Force, to help supply the (44) 317 Medical Group; pand assistance and outreach to states to in- colossal strategic air mission; (45) 330 Troop Carrier Squadron; form veterans about benefits and programs for Whereas the first Skymasters arrived at (46) 331 Troop Carrier Squadron; Rhein-Main Air Base on June 28, 1948, and (47) 332 Troop Carrier Squadron; which they are eligible. were immediately loaded to begin Operation (48) 333 Troop Carrier Squadron; I urge my colleagues to help veterans help Vittles to convey supplies to Berlin; (49) HHS 513 A B Group; themselves. Whereas the Soviet regime publically de- (50) HQ 513 Troop Carrier Group; The SPEAKER pro tempore. The rided the airlift, announcing that it would be (51) 513 Troop Carrier Group; (52) HQ 513 Maintenance Sup Group; question is on the motion offered by impossible to carry out and maintain such (53) 513 Maintenance Squadron; the gentleman from Minnesota (Mr. an operation, characterizing the mission in (54) 513 Supply Squadron; WALZ) that the House suspend the rules the East German press as, ‘‘the futile at- (55) 513 Communications Squadron; and pass the bill, H.R. 3949, as amend- tempts of the Americans to save face and to (56) 513A Police Squadron; ed. maintain their untenable position in Ber- (57) 513 Food Service Squadron; lin’’; (58) 513 Install Squadron; The question was taken. Whereas Australia, South Africa, and New (59) 513 Motor Vehicle Squadron; The SPEAKER pro tempore. In the Zealand joined Great Britain and the United (60) 513 Base Services Squadron; opinion of the Chair, two-thirds being States in what became the largest humani- (61) 513 Finance Distribution Unit; in the affirmative, the ayes have it. tarian operation ever undertaken by the (62) 513 Medical Group; United States Air Force; (63) HHS 7350 A B Group; Mr. WALZ. Mr. Speaker, on that I de- (64) 7351 Maintenance Supply Squadron; Whereas Lt. General William Turner, hon- mand the yeas and nays. (65) 7352 AF Police Squadron; The yeas and nays were ordered. ored in the Air Cargo Hall of Fame for his (66) 7353 Installation Squadron; and The SPEAKER pro tempore. Pursu- tactical brilliance as commander of the Ber- (67) HHS 7497A Lift Wing; lin Airlift, was called upon to lead the Berlin Whereas Col. Gail Halvorsen, also known ant to clause 8 of rule XX and the Airlift and worked tirelessly to ensure that Chair’s prior announcement, further as the ‘‘Candy Bomber’’ and recipient of the the aircraft he commanded supplied the be- 1948 Cheney Award, distinguished himself by proceedings on this motion will be sieged city of Berlin with essential supplies launching Operation Little Vittles, a mag- postponed. including coal, heating oil, medicine, and nanimous effort that parachuted over 3 tons food from July 28, 1948, through the official f of candy to the children of Berlin, including conclusion of the mission on September 30, children in the Soviet sector; RECOGNIZING 60TH ANNIVERSARY 1949; Whereas in the face of the massive allied OF BERLIN AIRLIFT’S SUCCESS Whereas the Berlin Airlift resulted in the goodwill offensive, the Soviets capitulated total delivery of 1,783,573 tons of supplies by Mr. WALZ. Mr. Speaker, I move to and lifted the blockade on May 12, 1949; the United States and 541,937 tons of supplies Whereas the Berlin Airlift consolidated the suspend the rules and agree to the reso- totaling 2,300,000 tons delivered on 277,569 successful use of air transport in military lution (H. Res. 398) recognizing the 60th total flights to Berlin; operations and led to the creation of the Air anniversary of the Berlin Airlift’s suc- Whereas the United States Air Force’s C– Mobility Command; cess. 47s and C–54s alone logged 92,000,000 miles in Whereas German Chancellor Konrad Ade- The Clerk read the title of the resolu- the Berlin Airlift; nauer noted that the Berlin Airlift ‘‘was a tion. Whereas the commitment of the United truly visible sign that America recognized States to aid the besieged people of Berlin her duty to be the leader of free nations and The text of the resolution is as fol- resulted in the tragic loss of 101 allied per- lows: wanted to fulfill it.’’; and sonnel, of which 31 were United States cas- Whereas the determined actions of the Ber- H. RES. 398 ualties; lin Airlift sent a clear message to the Soviet Whereas pursuant to mutual agreement Whereas the following Air Force units, Union that the United States held an un- among allies concluded at the Potsdam Con- aided by the United States Navy and Army, questionable commitment and unwavering ference following the unconditional sur- are known to have contributed to the success resolve to prevent tyranny in Europe: Now, render of Adolf Hitler’s National Socialist of the Berlin Airlift— therefore, be it (NAZI) regime on May 8, 1945, the German (1) HHS1Air Life Task Force; Resolved, That the House of Representa- capitol of Berlin was divided into four zones (2) 10 Troop Carrier Squadron; tives— of military occupation controlled by the (3) 11 Troop Carrier Squadron; (1) recognizes the 60th anniversary of the United States, the Soviet Union, Great Brit- (4) 12 Troop Carrier Squadron; Berlin Airlift, and commends all of the oper- (5) 14 Troop Carrier Squadron; ain, and France; ation’s United States veterans for their valor (6) 15 Troop Carrier Squadron; Whereas in a bid to maintain leverage over and determination to represent the noble (7) 29 Troop Carrier Squadron; Germany by perpetuating its economic in- ideals that thwarted the fall of the Iron Cur- (8) 39 Troop Carrier Squadron; stability, and in opposition to the United (9) 40 Troop Carrier Squadron; tain over Berlin’s western strongholds; States’ Marshall Plan and the allies’ pro- (10) 41 Troop Carrier Squadron; (2) honors the veterans of the Berlin Airlift posal for a new, more stable German cur- (11) 47 Troop Carrier Squadron; who lost their lives to bring the means of rency, then Soviet Dictator Joseph Stalin (12) 48 Troop Carrier Squadron; survival and sustenance to civilians under ordered a blockade of Berlin on June 22, 1948; (13) 53 Troop Carrier Squadron; siege in the service to their country; Whereas Stalin’s blockade prohibited all (14) HHS 60 Troop Carrier Wing; (3) commends the spirit of collaboration ground access to the city, blocking the peo- (15) HQ 60 Troop Carrier Group; which characterized this united allied oper- ple of Berlin; (16) 60 Troop Carrier Group; ation involving both military and civilian Whereas three 20-mile-wide free air cor- (17) HQ60 Maintenance Support Group; aircraft and crews; and ridors had been agreed on November 30, 1945, (18) 60 Maintenance Squadron; (4) honors the men and women of the to provide unfettered access to Berlin along (19) 60 Supply Squadron; United States military whose continued accepted flight routes; (20) 60 FIN DIS UT; dedication to the ideals of integrity, compas- Whereas the Soviet regime insisted that (21) 60 COMM Squadron; sion, and liberty upholds the honorable leg- the Western Allies allow food and medicine (22) 60A police Squadron; acy of the United States Armed Forces, as il- to be supplied to these sectors only through (23) 60 Food Service Squadron; lustrated by the Berlin Airlift, and renews

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.026 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12161 our faith in the power of freedom and good- consideration of this important measure. I airlift that brought much-needed food ness to prevail over tyranny. agree that by agreeing to waive further con- and supplies into the city of West Ber- The SPEAKER pro tempore. Pursu- sideration, the Committee on Armed Serv- lin. This airlift lasted until the end of ant to the rule, the gentleman from ices is not waiving its jurisdictional claims over similar measures in the future. September 1949, even though the Soviet Minnesota (Mr. WALZ) and the gen- During consideration of this measure on Government yielded and lifted the tleman from Florida (Mr. STEARNS) the House floor, I will ask that this exchange blockade itself on May 12, 1949. The each will control 20 minutes. of letters be included in the Congressional Berlin Airlift resulted in the total de- The Chair recognizes the gentleman Record. livery of 1,783,573 tons of supplies by from Minnesota. Sincerely, the United States and 541,937 tons of BOB FILNER, GENERAL LEAVE supplies totaling 2,300,000 tons deliv- Chairman. Mr. WALZ. Mr. Speaker, I would also ered on 277,569 total flights into Berlin. Mr. Speaker, H. Res. 398 recognizes like to ask unanimous consent that all the 60th anniversary of one of our Na- Mr. Speaker, the resolution not only Members have 5 legislative days in tion’s most commendable humani- details a history of the Berlin Airlift, which to revise and extend their re- tarian airlift operations in history. but also provides a list of all the units marks on H.R. 3949, as amended, and H. As a whole, the United States Armed involved in the heroic effort at that Res. 398. Forces is equipped with advanced and time. The Berlin Airlift sent a clear The SPEAKER pro tempore. Is there powerful equipment which gives them message to the Soviet Union that the objection to the request of the gen- significant capabilities used not only United States was unwavering in its re- tleman from Minnesota? for defense but also for humanitarian solve against tyranny in Europe. There was no objection. relief, as was so ably demonstrated in I would like to thank my colleague, Mr. WALZ. Mr. Speaker, I yield my- Berlin from July 1948 through Sep- the gentleman from Nebraska (Mr. self such time as I may consume. tember 1949. FORTENBERRY), for introducing this Before I talk about the importance of During a time of tyrannical regime, legislation, as well as Chairman FILNER the resolution before us today, I want the people of Berlin were left without and Ranking Member BUYER for mov- to thank the Committee on Armed the basic necessities, such as food and ing the bill as quickly as they could Services for working with the Vet- heat. The first Skymasters delivered through the subcommittee and to full erans’ Affairs Committee to bring this humanitarian relief to the Berlin peo- consideration here on the House floor bill to the floor. And I include for the ple, demonstrated our commitment to today. CONGRESSIONAL RECORD the exchange a free Berlin, and brought hope to all of of letters waiving jurisdiction between I urge my colleagues to support H. Eastern Europe. Res. 398. the Committee of Veterans’ Affairs and I am in full support of this resolution the Committee on Armed Services. which honors the veterans of the Berlin Mr. FORTENBERRY. Mr. Speaker, sixty COMMITTEE ON ARMED SERVICES, Airlift who lost their lives in the serv- years ago, the United States, joined by Great HOUSE OF REPRESENTATIVES, ice to their country to bring the means Britain, Australia, and South Africa embarked Washington, DC, October 6, 2009. of survival and sustenance to civilians on a historic operation to sustain and defend Hon. BOB FILNER, under siege. the vulnerable, entrapped people of Berlin, Chairman, House Committee on Veterans’ Af- The Berlin Airlift embodied the spir- Germany. The Berlin Airlift was a colossal fairs, Cannon House Office Building, Wash- it of collaboration, valor, and the good- strategic mission that inspired strength and ington, DC. fortitude in those held captive by then Soviet DEAR MR. CHAIRMAN: On May 4, 2009, the will of all mankind. The operation House Resolution 398, ‘‘Recognizing the 60th stands as a testament of the persever- dictator Joseph Stalin’s blockade of the West- anniversary of the Berlin Airlift’s success,’’ ance and commitment to excellence of ern-held sectors of Berlin. Today, this Con- was introduced in the House. As you know, the United States Armed Forces. It is gress honors those responsible for this noble this measure was sequentially referred to the only right to honor the brave men and feat. Committee on Armed Services. women involved in the Berlin Airlift The Veterans of the Berlin Airlift struck the Our Committee recognizes the importance who set an example of our faith in the first major blow in the new Cold War, forcing of H.R. 398 and the need for the legislation to Stalin on May 12, 1949, to lift the blockade move expeditiously. Therefore, while we power of freedom and goodness to over- have a valid claim to jurisdiction over this come tyranny. that impoverished Germany’s capitol, thwarting legislation, the Committee on Armed Serv- House Resolution 398 does this, and it the fall of the Iron Curtain over the Western ices will waive further consideration of H.R. honors the men and women of today’s strongholds. 398. I do so with the understanding that by Armed Forces who continue to uphold These airmen embodied the highest virtues waiving further consideration of the resolu- the ideals of integrity, compassion, and of American air defense, fusing tactical bril- tion, the Committee does not waive any fu- liberty demonstrated by those involved liance and innovation with goodness and heart ture jurisdictional claims over similar meas- in the Berlin Airlift. ures. in one of the greatest humanitarian efforts of Mr. Speaker, I reserve the balance of all time. In providing food, coal, and medical I would appreciate the inclusion of this let- my time. ter and a copy of your response in the Con- supplies to the besieged citizens of West Ber- gressional Record during consideration of Mr. STEARNS. Mr. Speaker, I yield lin, our veterans of the ‘‘Greatest Generation’’ the measure on the House floor. myself such time as I may consume. led a seminal goodwill offensive that alleviated Mr. Speaker, I rise in support of H. Very truly yours, the suffering inflicted by a communist regime Res. 398, a resolution recognizing the IKE SKELTON that threatened not only the peace and pros- 60th anniversary of the Berlin Airlift’s Chairman. perity of Berlin, but the peace and prosperity success. of the world. HOUSE OF REPRESENTATIVES, The Berlin blockade from June 1948 COMMITTEE ON VETERANS’ AFFAIRS, to May 1949 was one of the first major As Col. Gail Halvorsen and his colleagues Washington, DC, October 14, 2009. international crises of the Cold War carpeted the streets of Berlin with chocolates Hon. IKE SKELTON, and the first such crisis that resulted and candy during Operation Little Vittles, they Chairman, Committee on Armed Services, Ray- in casualties. During the multinational drew the hearts and minds of Berlin’s children burn House Office Building, House of Rep- to notions of goodness and liberty, and away resentatives, Washington, DC. occupation of post-World War II Ger- from the pervasive communist propaganda DEAR MR. CHAIRMAN: Thank you for your many, the Soviet Union blocked the letter regarding House Resolution 398, ‘‘Rec- Western Allies’ railway and road access that sought to turn them against the West. ognizing the 60th anniversary of the Berlin to the sectors of Berlin under their As we celebrate the 60th anniversary of the Airlift’s success.’’ This measure was referred control. Their aim was to force the Berlin Airlift, let us remember the veterans to the Committee on Veterans’ Affairs and Western powers to allow the Soviet who exemplified our highest ideals of brilliance sequentially referred to the Committee on zone to start supplying Berlin with and innovation in air defense, and whose in- Armed Services. I agree that the Committee on Armed food and fuel, thereby giving the Sovi- tegrity and dedication to liberty have inspired Services has certain valid jurisdictional ets practical control over the entire so many vulnerable people throughout the claims to this resolution, and I appreciate city. world. Their example renews our faith in the your decision to waive further consideration The Truman administration reacted power of freedom and goodness to prevail of H. Res. 398 in the interest of expediting quickly by setting up a continual daily over tyranny.

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A02NO7.014 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12162 CONGRESSIONAL RECORD — HOUSE November 2, 2009 As memories of World War II and the Berlin Whereas assistance animals offer priceless Many servicemembers are coming Blockade fade with the passing years, I be- companionship and unconditional love on a home with serious injuries and cur- lieve it is even more important to commemo- daily basis; rently have to wait up to 2 years before Whereas there are fewer than 75 veterans they can receive an assistance animal. rate the spirit of kindness that led our veterans from Iraq and Afghanistan who currently to bring hope and joy to the weary and belea- have assistance dogs because they either Many cannot afford them or do not guered citizens of Berlin. May we honor their cannot afford them or do not know about the know about the benefits that assist- legacy and follow their example. benefits that assistance dogs provide; ance dogs provide. House Resolution I am grateful for this opportunity to com- Whereas severely wounded veterans cur- 291 would help overcome these barriers memorate this noble endeavor and to honor rently have to wait up to two years before by bringing more recognition to this the memory of those who are surely with us they can receive an assistance animal; organization that provides assistance in spirit, those who gave the last full measure Whereas The Tower of Hope was created dogs at no cost, educates the public of devotion to a cause greater than them- following the attacks of September 11, 2001, about the benefits of such animals, and to bring hope to wounded veterans by pro- brings hope to our wounded heroes. It selves, a cause that changed the course of viding them with assistance dogs at no cost; history for the better. and can cost up to $20,000 to train a service Mr. STEARNS. Mr. Speaker, I have Whereas The Tower of Hope has substan- dog, and I recognize The Tower of Hope no further speakers, so I yield back the tially improved many lives by raising funds for providing these valuable animals at balance of my time. for the training of assistance dogs, providing no cost to our wounded warriors. Their Mr. WALZ. Mr. Speaker, I urge my grants for American combat wounded vet- work is truly admirable. colleagues to unanimously support H. erans, and advocating for the benefits of These costs are not covered by the Res. 398, and I yield back the balance of these animals: Now, therefore, be it Department of Veterans Affairs, but by Resolved, That the House of Representa- national and local organizations and my time. tives— The SPEAKER pro tempore. The generous donors. I am confident that (1) acknowledges the importance of assist- this resolution will help promote the question is on the motion offered by ance dogs in helping combat-wounded vet- the gentleman from Minnesota (Mr. erans live happier and more independent benefits of assistance dogs and express WALZ) that the House suspend the rules lives; support to all organizations, volun- and agree to the resolution, H. Res. 398. (2) applauds the outstanding work of The teers, and donors that make such pro- The question was taken. Tower of Hope and its dedication to training grams possible. The SPEAKER pro tempore. In the and providing assistance dogs to wounded Mr. Speaker, I urge the support of veterans, as well as educating people about opinion of the Chair, two-thirds being House Resolution 291. the benefits of such animals; I reserve the balance of my time. in the affirmative, the ayes have it. (3) expresses deep gratitude and support to Mr. BOOZMAN. Mr. Speaker, I yield Mr. WALZ. Mr. Speaker, on that I de- volunteers and donors who have made this myself such time as I may consume. mand the yeas and nays. great program possible by generously offer- Mr. Speaker, I rise in support of H. The yeas and nays were ordered. ing time and funds; Res. 291, a resolution recognizing the The SPEAKER pro tempore. Pursu- (4) encourages the general public to sup- role of assistance dogs in helping ant to clause 8 of rule XX and the port wounded veterans by volunteering or donating to help train assistance dogs; wounded veterans live more inde- Chair’s prior announcement, further pendent lives, expressing gratitude to proceedings on this motion will be (5) calls for a vigorous promotion of, and advocacy for, the benefits of assistance ani- The Tower of Hope, and supporting the postponed. mals for physicians and the general public; goals and ideals of creating a Tower of f and Hope Day. RECOGNIZING THE CRUCIAL ROLE (6) supports the goals and ideals of creating Founded in 2006, The Tower of Hope a Tower of Hope Day in honor of wounded is one of many organizations across the OF ASSISTANCE DOGS IN HELP- American veterans and their service dogs, ING WOUNDED VETERANS Nation providing and training assist- the work of The Tower of Hope, and the ance dogs to help individuals with dis- many generous donors. Mr. WALZ. Mr. Speaker, I move to abilities. Assistance dogs not only pro- suspend the rules and agree to the reso- The SPEAKER pro tempore. Pursu- vide a specific service to their han- lution (H. Res. 291) recognizing the cru- ant to the rule, the gentleman from dlers, but also greatly enhance their cial role of assistance dogs in helping Minnesota (Mr. WALZ) and the gen- lives with a new sense of freedom and wounded veterans live more inde- tleman from Arkansas (Mr. BOOZMAN) independence. pendent lives, expressing gratitude to each will control 20 minutes. Training an assistance dog is fairly The Tower of Hope, and supporting the The Chair recognizes the gentleman expensive. An individual dog trained goals and ideals of creating a Tower of from Minnesota. for placement can cost upwards of Hope Day. Mr. WALZ. Mr. Speaker, I yield my- around $25,000 in care and training The Clerk read the title of the resolu- self such time as I may consume. costs, and training takes around 18 tion. Mr. Speaker, I rise in support of months to complete. The text of the resolution is as fol- House Resolution 291, a resolution to With so many veterans in need of lows: recognize The Tower of Hope and the this type of help, it is important for us H. RES. 291 importance of assistance dogs. I truly to focus on this need and provide en- Whereas the brave men and women defend- believe the lives of our wounded vet- couragement to organizations such as ing America’s democracy in Iraq and Afghan- erans are enhanced by the role of as- The Tower of Hope working toward istan are in harms way; sistance dogs that help them live more helping these veterans. Individual citi- Whereas thousands of America’s returning independently. The Tower of Hope has zens can check to see if there is an or- veterans were seriously wounded in combat, dedicated their time and effort to raise ganization in their State providing including brain injuries, single and double funds to train service dogs, advocate training to assistance dogs and wheth- amputations, and other traumatic wounds; for the benefit of such valuable ani- er these dogs are being provided to Whereas these brave soldiers return to the United States and spend weeks, months, and mals, and award grants to our wounded servicemembers by checking the As- years in hospitals recovering, and return to veterans. sistance Dogs International North America Web site. their homes needing assistance to regain b 1530 their independence; Mr. Speaker, I would like to thank Whereas these recovering soldiers who are The Tower of Hope is an organization my colleague, Mr. HASTINGS of Florida, teamed up with assistance dogs lead more that was founded by Ms. Cathy Carilli, for introducing this legislation and comfortable and more independent lives; whose husband, Tom Sinton, died in bringing to our attention the impor- Whereas these dogs provide assistance to the 9/11 terrorist attack on the World tance of these service dogs to our wounded veterans while walking, going up Trade Center. As a tribute to the mem- wounded warriors. I would also like to and down stairs, and getting up from a sit- ory of her husband, The Tower of Hope ting or fallen position, and also pick up thank Chairman FILNER and Ranking dropped articles, retrieve items from a dis- was established and plays a major role Member BUYER for moving the bill so tance, pull manual wheelchairs a short dis- in helping those seriously wounded in quickly to the floor for consideration. tance, turn lights on and off, and perform the war that almost immediately fol- I urge all my colleagues to support H. other important daily tasks; lowed the 9/11 terrorist attacks. Res. 291.

VerDate Nov 24 2008 01:46 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.028 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12163 I yield back the balance of my time. minded institutions nationwide who inter- only the veterans who have shared GENERAL LEAVE view veterans according to the guidelines it their stories, but their family members provides; Mr. WALZ. Mr. Speaker, I ask unani- and friends that have helped to capture Whereas increasing public participation in their accounts. mous consent that all Members have 5 the Veterans History Project will increase legislative days in which to revise and the number of oral histories that can be col- Volunteers and participants become extend their remarks and include ex- lected and preserved and increase the num- historians themselves; they can collect traneous material on House Resolution ber of veterans it so honors; and video and audio recordings, create a 291. Whereas ‘‘National Veterans Awareness collection of recordings to be available The SPEAKER pro tempore. Is there Week’’ commendably preceded this resolu- for public use, or collect written mate- objection to the request of the gen- tion in the years 2005 and 2006: Now, there- rials relevant to personal histories of fore, be it all war veterans. tleman from Minnesota? Resolved, That the House of Representa- There was no objection. tives— I encourage all Americans to reach Mr. WALZ. I would also like to thank (1) recognizes ‘‘National Veterans Aware- out and thank the veterans they know, my colleagues who were involved in ness Week’’; and their families, for their amazing pushing this bill forward, with a spe- (2) supports the designation of a ‘‘National sacrifice, learn more about their great cial thank you to our colleague from Veterans History Project Week’’; contributions to our country, gain the Florida, Mr. HASTINGS, for his unwaver- (3) calls on the people of the United States wisdom of their personal stories of our ing support of our veterans. to interview at least one veteran in their Nation’s history, and participate in the Mr. Speaker, I urge my colleagues to families or communities according to guide- lines provided by the Veterans History Veterans History Project. unanimously support this resolution. Project; and As the chairman of the House Vet- I yield back the balance of my time. (4) encourages local, State, and national erans’ Affairs Committee has said, he The SPEAKER pro tempore. The organizations along with Federal, State, city has had the opportunity to hear many question is on the motion offered by and county governmental institutions to accounts from many veterans. He hears the gentleman from Minnesota (Mr. participate in support of the effort to docu- the sense of pride that comes with WALZ) that the House suspend the rules ment, preserve, and honor the service of them, as do each of us who defended and agree to the resolution, H. Res. 291. American wartime veterans. our country. The question was taken. The SPEAKER pro tempore. Pursu- This Veterans Day, and the whole The SPEAKER pro tempore. In the ant to the rule, the gentleman from year through, join me and take the opinion of the Chair, two-thirds being Minnesota (Mr. WALZ) and the gen- time to show your gratitude to those in the affirmative, the ayes have it. tleman from Arkansas (Mr. BOOZMAN) who have answered the call to duty. Mr. WALZ. Mr. Speaker, on that I de- each will control 20 minutes. Mr. Speaker, I would like to thank The Chair recognizes the gentleman mand the yeas and nays. the chairman, Chairman FILNER, Rank- from Minnesota. The yeas and nays were ordered. ing Member BUYER, and all members of Mr. WALZ. Mr. Speaker, I yield my- The SPEAKER pro tempore. Pursu- the committee, and a special thank self such time as I may consume. ant to clause 8 of rule XX and the you to Representative RON KIND who Mr. Speaker, Abraham Lincoln, in Chair’s prior announcement, further introduced this to me. proceedings on this motion will be the Gettysburg Address, stated that the ‘‘world will little note, nor long re- As a schoolteacher and someone who postponed. understands the value of these oral his- f member what we say here, but it can never forget what they did here.’’ In tories, this is an incredible archive. NATIONAL VETERANS HISTORY that spirit, Congress created the Vet- The support of this project cannot be PROJECT WEEK erans History Project in 2000. The goal overstated. It is going to be something that will allow generations to come to Mr. WALZ. Mr. Speaker, I move to of the project is to capture the per- understand what this country was built suspend the rules and agree to the reso- sonal stories of our Nation’s heroes so upon, and they will have it as a re- lution (H. Res. 866) expressing support that our children and their children source to access at any time. for designation of a National Veterans can more fully understand the history So, again, I thank everyone involved History Project Week to encourage of this great Nation. in this project. public participation in a nationwide The project directed the Library of project that collects and preserves the Congress to establish a national ar- I reserve the balance of my time. stories of the men and women who chive for the collection and preserva- Mr. BOOZMAN. Mr. Speaker, I yield served our nation in times of war and tion of videotaped oral histories of our myself such time as I may consume. conflict. veterans, as well as the copying of let- I rise in support of H. Res. 866, a reso- The Clerk read the title of the resolu- ters written during their time in serv- lution expressing support for the des- tion. ice and diaries they kept so there is a ignation of a National Veterans His- The text of the resolution is as fol- national repository of this very impor- tory Project Week to encourage public lows: tant part of our Nation’s history. This participation in a nationwide project that collects and preserves the stories H. RES. 866 is a worthwhile investment of time and resources and is a gift that can be of the men and women who served our Whereas the Veterans History Project was Nation at times of war and conflict. established by a unanimous vote of the given for generations and centuries to United States Congress to collect and pre- come. The National Veterans History serve the wartime stories of American vet- There are more than 23 million vet- Project was created by P.L. 106–380, erans; erans living in this country today, in- which was signed into law by President Whereas Congress charged the American cluding the 3 million veterans of World Clinton on October 27, 2000. It is housed Folklife Center at the Library of Congress to War II. It is important that these sto- in the American Folklife Center of the undertake the Veterans History Project and ries are told, and it is more important Library of Congress and contains first- to engage the public in the creation of a col- hand accounts of veterans from every lection of oral histories that would be a last- that these stories are told from the ing tribute to individual veterans and an mouths of those who were on the front armed service conflict since World War abundant resource for scholars; lines and participated firsthand as his- I. The online database contains records Whereas there are 17,000,000 wartime vet- tory was made. of over 70,000 veterans and will con- erans in America whose stories can educate This resolution before us today, tinue to be a wonderful resource to in- people of all ages about important moments House Resolution 866, calls on the peo- form and inspire all Americans for gen- and events in the history of the United ple of the United States to interview at erations to come. States and the world and provide instructive least one veteran in their family or In reviewing this collection of infor- narratives that illuminate the meanings of mation on veterans, you can find the ‘‘service’’, ‘‘sacrifice’’, ‘‘citizenship’’, and community according to guidelines ‘‘democracy’’; provided by the Veterans History stories in the collection of our only re- Whereas the Veterans History Project re- Project. maining American veteran of World lies on a corps of volunteer interviewers, I would like to thank all the volun- War I, Frank Buckles. His digital col- partner organizations, and an array of civic teers from across this country, not lection contains both video and audio

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.035 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12164 CONGRESSIONAL RECORD — HOUSE November 2, 2009 records of his time serving as a cor- is operated by volunteer interviewers, partner stories of courage and memories of comrade- poral in World War I. We also have sto- organizations, and an array of institutions’ ship and sacrifice. In October 2000, Congress ries from the most current conflicts in dedicated to the preservation of the United recognized the urgency of collecting these Iraq and Afghanistan in the collection. States’ heritage. Interviews with American war wartime memories, accounts and documents To have this personal record is so im- veterans and the civilian workers who sup- and created the Veterans History Project. portant to the history and nature of ported the veterans are conducted according Today we honor all the lives of veterans and our country as it provides our Nation to the guidelines provided by the Project. The the project by supporting the designation of with the unique perspective of what Veterans History Project collects the memories National Veterans History Project Week. We it’s like serving on the ground, a point and remembrances of veterans who served in encourage Americans to join in the effort to of view often lost in the history books. World War I, World War II, the Cold War, the preserve and honor the service of our wartime Mr. Speaker, it is by preserving these Korean War, the Vietnam War, the Persian veterans by interviewing those in their families stories and records that the past is Gulf War, and the Iraq and Afghanistan con- and communities to contribute to the Veteran’s shared with the future and lessons can flicts. So far, the Veterans History Project has History Project. It is a unique opportunity to be learned. collected over 66,000 oral histories, pictures, help document the personal accounts of our I highly encourage all veterans to and diary entries from American men and Nation’s veterans for today’s generation and participate in the Veterans History women who served their country on the battle- future Americans. Project and support this resolution for field and at home. The stories are made avail- More than 600 stories of veterans in the the designation of National Veterans able at the Library of Congress and on the Tennessee Valley have been permanently History Project Week to encourage Veterans History Project website for everyone archived at the Library of Congress as part of public participation in this nationwide to study and experience. the Veterans History project. More than 100 of collection of stories. I would like to acknowledge that there are these local veterans’ memories were aired on Mr. Speaker, I would like to thank two official partner organizations assisting this Chattanooga’s WRCB–TV. Through WRCB’s my colleagues, Mr. KIND of Wisconsin project in my home state of Texas. The first is television coverage, many veterans were in- and Mr. WAMP of Tennessee, for intro- the League of United Latin American Citizens spired to share their stories and more were ducing this bipartisan legislation, and (LULAC) located in Irving, Texas. The second collected than we could have ever expected. Chairman FILNER and Ranking Member is the LULAC-Daughters and Mothers Assist- Some of these memories include those of BUYER for moving the bill so quickly to ing Success Program located in Dallas, Texas. fresh-faced high school graduates who the floor for consideration. I am proud of the generosity of these organi- stormed the beaches of Normandy on D-day, I urge all of my colleagues to support zations that are willing to donate their time to officers who fought through the Battle of the H. Res. 866. honor veterans and preserve veterans’ history. Bulge and left Europe as decorated heroes, I yield back the balance of my time. Veterans History Project Week highlights and young women who voluntarily served in GENERAL LEAVE the need to collect and preserve the personal the Army Corps of Nurses helping our soldiers Mr. WALZ. Mr. Speaker, I ask unani- narratives of the men and women who have heal from their battle wounds. Theirs are the mous consent that all Members may served the United States in times of war and stories we may not have heard if not for the have 5 legislative days in which to re- conflict. The collection of personal experiences Veterans History Project. vise and extend their remarks and in- of U.S. service men and women will be a vital Our Nation’s history of freedom is passed clude extraneous material on House part of the historical record that will help future down from one generation to the next by Resolution 866. scholars understand the conflicts. There are American patriots who were willing to stand The SPEAKER pro tempore. Is there over 23 million wartime veterans in America between a threat and our civilian population. It objection to the request of the gen- whose personal narratives can elucidate both is essential that we work together to preserve tleman from Minnesota? the experience of armed conflict throughout their memories and experiences for future There was no objection. time and the proceedings of the conflicts generations who have much to learn from Mr. WALZ. Again, I, too, want to themselves. those who have so honorably served our Na- thank Mr. WAMP, Mr. KIND, and every- This resolution is a timely reminder of the tion. one involved in this; it is absolutely importance of acting quickly to preserve the Mr. WALZ. Mr. Speaker, I yield back appropriate as next week we stop to re- experience of U.S. veterans. Approximately 40 the balance of my time. member Veterans Day. This project percent of veterans are 65 years old or over. The SPEAKER pro tempore. The does so all year and for generations to Of the 2.6 million World War II veterans who question is on the motion offered by come. I urge unanimous support of this were alive in 2008, we are losing nearly 900 the gentleman from Minnesota (Mr. resolution. on average each day. We must not let time ir- WALZ) that the House suspend the rules Ms. JACKSON LEE of Texas. Mr. Speaker, reversibly claim the memories that are our na- and agree to the resolution, H. Res. 866. I stand here today in support of H. Res. 866, tion’s heritage. The question was taken. which expresses support for designation of a The Veterans History Project also serves as The SPEAKER pro tempore. In the National Veterans History Project Week to en- a tribute to the men and women who have opinion of the Chair, two-thirds being courage public participation in a nationwide fought our country’s battles or supported the in the affirmative, the ayes have it. project that collects and preserves the stories effort at home. Collecting and preserving the Mr. WALZ. Mr. Speaker, on that I de- of the men and women who served our nation personal narratives of veterans for historical mand the yeas and nays. in times of war and conflict. I support this res- records demonstrates the importance of the The yeas and nays were ordered. olution because the preservation of our coun- individual experiences. The voices of veterans The SPEAKER pro tempore. Pursu- try’s history, as told by the men and women of will be available to be heard by future students ant to clause 8 of rule XX and the the armed services, is a valuable piece of our of history and their experience will remain Chair’s prior announcement, further nation’s heritage and merits our wholehearted alive. proceedings on this motion will be endorsement. Mr. Speaker, this resolution and the effort to postponed. The Veterans History Project was estab- preserve the memory of those who have lished in 2000 by the Veteran’s Oral History served our country in times of war and conflict f Project Act, which I was proud to support as are an invaluable part of preserving our coun- HONORING SENTINELS OF a cosponsor. We knew then, as we know now, try’s heritage. that the experience of our nation’s veterans is Mr. WAMP. Mr. Speaker, I rise today in sup- FREEDOM a vital part of the history of military conflicts. port of H. Res. 866, expressing support for Mr. WALZ. Mr. Speaker, I move to The Congress unanimously supported the leg- designation of a National Veterans History suspend the rules and agree to the reso- islation, a testament to the necessity of this ef- Project Week to encourage public participation lution (H. Res. 461) honoring Sentinels fort. in a nationwide project that collects and pre- of Freedom and commending the dedi- The American Folklife Center of the Library serves the stories of the men and women who cation, commitment, and extraor- of Congress was charged by Congress to ini- served our nation in times of war and conflict. dinary work of the organization. tiate and oversee the Veterans History Project. I joined with my colleague, Mr. KIND, to intro- The Clerk read the title of the resolu- Its task is to engage the public to create a col- duce this legislation. tion. lection of oral histories, which would be avail- Our Nation loses at least 1,000 veterans The text of the resolution is as fol- able for scholars. The Veterans History Project every day, and along with them we lose their lows:

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.037 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12165 H. RES. 461 tending UC Berkeley’s Haas School of have 5 legislative days in which to re- Whereas in 2003, Sentinels of Freedom, Business. Despite having life-altering vise and extend their remarks and to based in San Ramon and Danville, Cali- physical handicaps, veterans like Jake include extraneous material on House fornia, was established; Brown are grateful to be alive and con- Resolution 461. Whereas the mission of Sentinels of Free- tinue to prosper in their communities. The SPEAKER pro tempore. Is there dom is to provide life-changing opportunities As Mike Conklin, chairman and CEO objection to the request of the gen- for men and women who served in the United of Sentinels of Freedom, describes, the tleman from Minnesota? States Armed Forces and who have suffered program is not a charity but rather an severe injuries; There was no objection. Whereas the Sentinels of Freedom Scholar- investment in the life of a person who Mr. WALZ. Mr. Speaker, I, too, urge ship Foundation was created to benefit has served our Nation and has earned my colleagues to unanimously support qualified veterans severely injured in the the right to achieve his or her part of this resolution. line of duty on or after September 11, 2001; the American Dream. I want to thank Mr. MCNERNEY from Whereas Sentinels of Freedom provides As our veterans return home from California for the inspiring story of four-year scholarships that help veterans to war, it is fitting to have House Resolu- Jake and for bringing this piece of leg- become self-sufficient; tion 461 before us today. I am grateful islation to the floor—again, absolutely Whereas scholarship recipients receive sup- to have the Sentinels of Freedom and port to enroll in school, find and maintain a appropriate the week before Veterans other organizations that assist our Day. job, and obtain housing; wounded veterans and shed light and I have no further requests for time, Whereas Sentinels of Freedom organizes let them achieve their dreams. teams of local volunteers that provide men- Mr. Speaker, I reserve the balance of and I yield back all remaining time, toring and moral support for scholarship re- Mr. Speaker. cipients; my time. Mr. BOOZMAN. Mr. Speaker, I yield The SPEAKER pro tempore. The Whereas Sentinels of Freedom has excelled question is on the motion offered by in providing assistance to veterans; and myself such time as I may consume. Whereas thanks to Sentinels of Freedom, I rise in support of H. Res. 461, a reso- the gentleman from Minnesota (Mr. 39 veterans have benefitted from scholar- lution honoring the Sentinels of Free- WALZ) that the House suspend the rules ships and many more will in the coming dom and commending the dedication, and agree to the resolution, H. Res. 461. years: Now, therefore, be it commitment, and extraordinary work The question was taken; and (two- Resolved, That the House of Representa- of the organization. thirds being in the affirmative) the tives— The bills we have passed this year rules were suspended and the resolu- (1) honors Sentinels of Freedom; will make enormous strides in helping tion was agreed to. (2) commends Sentinels of Freedom’s dedi- our Nation’s veterans improve their A motion to reconsider was laid on cation and commitment to the brave men and women who have served the United lives. the table. States; and b 1545 f (3) praises Sentinels of Freedom for its ex- DEPARTMENT OF VETERANS traordinary work for the well-being of the However, the Federal Government Nation’s veterans. cannot do this job alone. It is through AFFAIRS MEDICAL CENTER the work of organizations like the Sen- The SPEAKER pro tempore. Pursu- Mr. WALZ. Mr. Speaker, I move to tinels of Freedom that our injured vet- ant to the rule, the gentleman from suspend the rules and pass the bill (S. erans can get back on the road to self- Minnesota (Mr. WALZ) and the gen- 509) to authorize a major medical facil- sufficiency. tleman from Arkansas (Mr. BOOZMAN) ity project at the Department of Vet- Started by the father of three Army erans Affairs Medical Center, Walla each will control 20 minutes. Rangers after one of his sons was Walla, Washington, and for other pur- The Chair recognizes the gentleman wounded in Iraq in 2003, this 2- to 4- poses. from Minnesota. year life scholarship program is meant The Clerk read the title of the bill. Mr. WALZ. Mr. Speaker, I yield my- to assist veterans with severe service- The text of the bill is as follows: self such time as I may consume. related injuries who have the aptitude, Mr. Speaker, I stand in full support attitude, and drive to become inde- S. 509 of House Resolution 461 to honor the pendent and successful members of so- Be it enacted by the Senate and House of Rep- Sentinels of Freedom Scholarship ciety. The scholarship recipients are resentatives of the United States of America in Foundation. called ‘‘sentinels’’ in honor of their Congress assembled, Sentinels of Freedom is an organiza- sacrifice and commitment to guarding SECTION 1. MAJOR MEDICAL FACILITY PROJECT DEPARTMENT OF VETERANS AF- tion that provides support and opportu- America’s freedoms. Over 32 service- nities to selected veterans with inju- FAIRS MEDICAL CENTER, WALLA members have joined the Sentinels of WALLA, WASHINGTON. ries sustaining 60 percent or higher lev- Freedom program. These sentinels are (a) AUTHORIZATION FOR MAJOR MEDICAL FA- els of disability in all branches of our flourishing because of the help and as- CILITY PROJECT.—The Secretary of Veterans military post-9/11. They provide signifi- sistance they have received from vol- Affairs may carry out a major medical facil- cant support in assisting our veterans unteers in their communities. ity project for the construction of a new to readjust back to civilian life and Mr. Speaker, I would like to thank multiple specialty outpatient facility, cam- prosper in their hometowns or new my colleague and fellow committee pus renovation and upgrades, and additional communities. parking at the Department of Veterans Af- member Mr. MCNERNEY of California fairs Medical Center, Walla Walla, Wash- Each of the past recipients of the for introducing this legislation to Sentinels of Freedom scholarship has ington, with the project to be carried out in honor the work and dedication of the an amount not to exceed $71,400,000. an inspiring story of recovery. Many of Sentinels of Freedom, as well as to (b) AUTHORIZATION OF APPROPRIATIONS.— them have lived through injuries which thank the many volunteers working There is authorized to be appropriated to the they were not expected to survive and with this organization all across the Secretary of Veterans Affairs for fiscal year further endured many surgeries and country to help our injured service- 2009 for the Construction, Major Projects ac- months of recovery. For example, members move back into society. count, $71,400,000 for the project authorized Army veteran Jake Brown accepted the I would also like to thank Chairman in subsection (a). first Sentinels of Freedom Scholarship FILNER and Ranking Member BUYER for The SPEAKER pro tempore (Mr. in 2004. Crushed by a tank while serv- moving the bill so quickly to the floor DRIEHAUS). Pursuant to the rule, the ing in Germany, he was in a coma for for consideration. gentleman from Minnesota (Mr. WALZ) 10 days and was not expected to live, I urge all of my colleagues to support and the gentleman from Arkansas (Mr. but now he is back in his hometown H. Res. 461. BOOZMAN) each will control 20 minutes. and he is thriving. Mr. Speaker, having no further The Chair recognizes the gentleman Jake returned to his hometown of speakers, again, I urge the passage of from Minnesota. San Ramon, California, with his wife this very important resolution; and I Mr. WALZ. I yield myself as much and currently works for UPS, where he yield back the balance of my time. time as I may consume. has earned two promotions. He is also GENERAL LEAVE Mr. Speaker, I rise in strong support on the dean’s list at Diablo Valley Col- Mr. WALZ. Mr. Speaker, I ask unani- of S. 509, a bill to authorize a new out- lege. He has dreams of ultimately at- mous consent that all Members may patient clinic at the Jonathan M.

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.019 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12166 CONGRESSIONAL RECORD — HOUSE November 2, 2009 Wainwright Memorial VA Medical Cen- Mr. WALDEN. I want to thank my sider today would authorize that ter in Walla Walla, Washington. colleague from Arkansas. project. It is my hope that, with the This bill would authorize appropria- Mr. Speaker, I stand in strong sup- completion of this clinic, the Walla tions of $71 million for the VA’s con- port of S. 509, which would authorize Walla VA Medical Center will continue struction and major projects account the VA to construct this new, multiple its tradition of providing quality care in fiscal year 2009. This funding would specialty outpatient clinic building as to the men and women who have given be used to design and construct a the Jonathan M. Wainwright Memorial so much in service to our Nation. 65,000-square-foot outpatient clinic VA Medical Center in Walla Walla, So I thank you again for the oppor- which will serve nearly 70,000 veterans Washington. tunity to speak in favor of Senate bill in the Walla Walla area. Now the Walla Walla VA Medical 509. I thank Senator MURRAY for bring- It has been a long journey since July Center serves more than 65,000 veterans ing this forward, and I thank members 2003 when the VA was trying to close in a 14-county area that spreads over of both the Oregon and Washington del- the Walla Walla facility. There have northeastern Oregon, southeastern egations and of the Idaho delegation been challenges along the way, espe- Washington and central western Idaho. for their support. I look forward to the cially with the CARES Commission’s It’s an integral part of the VA’s North- passage of this legislation. decision in February of 2004, which for- west health care network and has long Mr. WALZ. We have no further mally recommended closing this facil- established itself as a very important speakers, and I reserve the balance of ity. resource for veterans and the veterans my time. However, we managed to do right by community. Mr. BOOZMAN. I just want to thank, our veterans in the Walla Walla area Now, the construction of this out- Mr. Speaker, the gentleman from Or- by removing this facility from the VA’s patient clinic, along with campus ren- egon for sharing with us and for show- facility closure list and by getting the ovations, upgrades and additional ing us that this is not only bipartisan VA to include the construction of an parking, will help this facility better but that it is also a tri-State effort to outpatient clinic at the Walla Walla serve our men and women who have get this done. So I think that further VA Medical Center in the fiscal year worn our uniform. This investment in illustrates the importance. I would like to thank our committee 2009 major construction priority list. the Walla Walla VA Medical Center chairman, BOB FILNER, and Ranking All of this would not have been pos- will cement its place as a provider of Member STEVE BUYER for moving the sible without the leadership, hard health care to veterans in Oregon, bill forward for consideration. I urge work, and advocacy of Senator MUR- Washington, and Idaho by providing them with a modern facility that will all of my colleagues to support S. 509. RAY. With that, I yield back the balance of improve quality-of-care delivery and Mr. Speaker, I would like to take a my time. moment to personally thank Senator that will continue to allow them to GENERAL LEAVE MURRAY for introducing this bill and to provide the best care possible. Mr. WALZ. Mr. Speaker, I ask unani- thank Chairman AKAKA of the Senate Since 2003, when the VA’s Capital mous consent that all Members may Veterans’ Affairs Committee for mov- Asset Realignment for Enhanced Serv- have 5 legislative days in which to re- ices, or CARES, Commission released ing the bill forward. I know how in- vise and extend their remarks and to its draft recommendation for the clo- credibly important it is to our vet- include extraneous material on S. 509. erans, especially to those in more rural sure of this facility, veterans have The SPEAKER pro tempore. Is there areas, to get the care they need, so I rightfully raised concerns about the fu- objection to the request of the gen- strongly support the passage of S. 509. ture of VA-delivered health care in this tleman from Minnesota? I reserve the balance of my time. very rural region of our country. These There was no objection. Mr. BOOZMAN. I yield myself such veterans face the real possibility of Mr. WALZ. Mr. Speaker, I, too, urge time as I may consume. having to drive hundreds of more miles my colleagues to unanimously support Mr. Speaker, I rise in support of S. to receive even the most routine care this. 509, a bill to authorize a major medical at the next closest VA facilities, which I want to thank the gentleman from facility project at the Department of are located in Boise, Idaho; in Port- Oregon (Mr. WALDEN) for so eloquently Veterans Affairs’ medical center in land, Oregon; or in Spokane, Wash- and clearly stating the need for this. Walla Walla, Washington. ington. Our rural veterans need this. This S. 509 would facilitate the construc- Like others in 2003, I voiced my would have been a mistake to not ex- tion of a new outpatient clinic build- strong concerns regarding the proposed tend this facility, and I appreciate your ing, consolidating the administrative realignment through a letter to then- hard work to get this done. and support functions that are cur- Secretary of Veterans Affairs, Anthony Mrs. MCMORRIS RODGERS. Mr. Speaker, rently spread across Walla Walla’s 88- Principi, and I submitted testimony to I rise today to recognize this critical bipartisan acre campus. This new outpatient clin- the CARES Commission. Through con- legislation which authorizes the construction of ic building will allow for the integra- certed efforts by area veterans, local a new outpatient clinic at the Department of tion of primary and specialty care as advocates and elected officials, former- Veterans Affairs (VA) Jonathan M. Wainwright well as for mental health and ancillary VA Secretary Jim Nicholson fully real- Memorial VA Medical Center (VAMC) in Walla services into a single state-of-the-art ized the importance of the care pro- Walla, Washington. facility. vided in this facility and reversed the After listening to the concerns of the pro- S. 509 has the full support of the commission’s decision. viders within the facility, local civic leaders, Washington delegation. It is important Today, the Walla Walla VA Medical veterans and constituents, it is clear this facil- to note that funding for this bill has al- Center continues to make a name for ity is vital to making a number of services ready been appropriated. The funding itself through the quality of care that available to our veterans who are at risk of re- must now be authorized so that we can it provides to our veterans. I was there ceiving a lower quality of health care if they move forward with the proposed im- in December of 2008, and I had the op- are forced to seek services outside of the fa- provements to the Walla Walla facility. portunity to meet with the new direc- cility. Mr. Speaker, I strongly support S. 509 tor of the Walla Walla VA Medical Cen- Veterans seeking health care rely heavily on and the improvements it will provide ter, Mr. Brian Westfield, and to receive the Walla Walla facility because of the geo- to veteran’s medical care, and I encour- an update on the facility, which has re- graphic and climactic challenges in the region. age all of my colleagues to support the cently expanded its reaches into my This facility provides care to 65,000 veterans bill. congressional district through the over 14 different counties in Eastern Wash- I reserve the balance of my time. opening of a very important clinic, a ington, Northern Idaho and Northeastern Or- Mr. WALZ. We have no further community outpatient clinic in La egon covering 42,000 square miles. More than speakers, and I reserve the balance of Grande, Oregon. 11,000 veterans use this facility. We expect my time. Last fall, the VA approved $71.4 mil- this number to increase as more service men Mr. BOOZMAN. Mr. Speaker, I yield lion to design and construct this new, and women return from deployments. such time as he might consume to the multiple specialty outpatient clinic in The staff at the Jonathan M. Wainwright gentleman from Oregon (Mr. WALDEN). Walla Walla. The legislation we con- Memorial VA Medical Center work hard for the

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.043 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12167 veterans our region. However, they are in des- SECTION 1. NAME OF DEPARTMENT OF VET- In recognition of his commendable ERANS AFFAIRS OUTPATIENT CLIN- service to our soldiers and veterans perate need of a new, modern facility that will IC, ALEXANDRIA, MINNESOTA. facilitate the quality of care our deserving vet- The Department of Veterans Affairs out- alike, H.R. 3157 is supported by State erans require. patient clinic in Alexandria, Minnesota, ex- and local dignitaries from the Veterans In February 2008, I asked Secretary James pected to open in September 2009, shall after of Foreign Wars, the American Legion, Peake to allocate these funds before 2010, the date of the enactment of this Act be the United Veterans Legislative Coun- rather than the 2012 original plan. Last fall, known and designated as the ‘‘Max J. Beilke cil of Minnesota, and the Department the VA approved $71.4 million to design and Department of Veterans Affairs Outpatient of the Army. construct a new multiple-specialty outpatient Clinic’’. Any reference to such outpatient H.R. 3157 would name the new De- clinic in any law, regulation, map, docu- facility at the Walla Walla VAMC. However, ment, record, or other paper of the United partment of Veterans Affairs Out- authorization was still needed for the project. States shall be considered to be a reference patient Clinic in Alexandria, Min- This bill gives construction the necessary to the Max J. Beilke Department of Veterans nesota, as the Max J. Beilke Depart- green light. Affairs Outpatient Clinic. ment of Veterans Affairs Outpatient Mr. Speaker, I ask my colleagues to join me The SPEAKER pro tempore. Pursu- Clinic. Naming a VA facility for Master in supporting the veterans who are served by ant to the rule, the gentleman from Sergeant Beilke, a hero and a strong the Jonathan M. Wainwright Memorial VA Minnesota (Mr. WALZ) and the gen- advocate of veterans, is the proper and Medical Center. tleman from Arkansas (Mr. BOOZMAN) honorable thing to do. Mr. MINNICK. Mr. Speaker, I rise today to each will control 20 minutes. Mr. Speaker, I reserve the balance of lend my strong support to Senate bill 509. The Chair recognizes the gentleman my time. This bipartisan legislation will authorize the from Minnesota. Mr. BOOZMAN. I yield myself such construction of a new outpatient clinic at the Mr. WALZ. I yield myself as much time as I may consume. VA Medical Center in Walla Walla, Wash- time as I may consume. Mr. Speaker, I rise in support of H.R. ington. The Walla Walla VA hospital provides Mr. Speaker, I rise today to offer my 3157, a bill to name the Department of vital medical care to thousands of veterans support of H.R. 3157, a bill to name a Veterans Affairs Outpatient Clinic in from Idaho and a new state-of-the-art facility VA outpatient clinic in Alexandria, Alexandria, Minnesota, as the Max J. will allow the hospital to provide expanded Minnesota, in memory of Master Ser- Beilke Department of Veterans Affairs services to the members of our armed forces. geant Max J. Beilke. Outpatient Clinic. As more of our troops continue to return Master Sergeant Beilke served in the I also want to thank the gentleman home from their deployments in Iraq and Af- United States Army for 22 years, and from Minnesota (Mr. PETERSON) for ghanistan, it is crucial that they receive the he retired from service in 1974. On Sep- bringing this very important legisla- timely and effective care they deserve. And tember 11, 2001, Max Beilke was at the tion forward. Pentagon. Mr. Beilke was killed in the with Veterans Day just around the corner, this b 1600 is an excellent opportunity to honor those who terrorist attack on the Pentagon on have sacrificed so much for our country. I urge that day. After a lifetime of military Master Sergeant Max J. Beilke, my colleagues to join me in passing this im- service, Sergeant Beilke was laid to United States Army, served 22 years’ portant legislation. rest in Arlington National Cemetery. active duty and was stationed overseas I thank Chairman FILNER and Ranking Mem- He was awarded the Defense of Free- in Germany, Korea, and Vietnam. Mas- ber BUYER for their strong leadership and con- dom Medal and the Meritorious Civil- ter Sergeant Beilke was officially list- tinued commitment to improving the lives of ian Service Award. ed as the last U.S. combat soldier to veterans. While in the Army, Mr. Beilke played leave Vietnam on March 29, 1973. Mr. WALZ. With that, Mr. Speaker, I a vital role in evacuating U.S. troops Following his retirement from active have no further requests for time, and from Saigon and is officially listed as duty in 1974, Master Sergeant Beilke I yield back the balance of my time. the last U.S. combat soldier to leave continued his commitment to U.S. The SPEAKER pro tempore. The Vietnam on March 29, 1973, at the end servicemembers and veterans by work- question is on the motion offered by of the Vietnam War. ing with Congress to pass the the gentleman from Minnesota (Mr. Max Beilke served overseas in Ger- TRICARE For Life program for mili- WALZ) that the House suspend the rules many, Korea and Vietnam and was an tary retirees. For his services, Master and pass the bill, S. 509. ROTC instructor at St. Thomas Mili- Sergeant Beilke was named a The question was taken. tary Academy in St. Paul, Minnesota. TRICARE Hero and continued his ef- The SPEAKER pro tempore. In the While in the service, Sergeant Beilke forts by working on legislation to cre- opinion of the Chair, two-thirds being earned a bachelor of arts degree in ate a veterans survivors benefit pro- in the affirmative, the ayes have it. business administration by attending gram. Mr. WALZ. Mr. Speaker, on that I de- night school at the University of Mary- It was while working on this bill at mand the yeas and nays. land. He later earned a master’s of arts the Pentagon on September 11, 2001, The yeas and nays were ordered. degree in personnel management in that Master Sergeant Beilke was killed The SPEAKER pro tempore. Pursu- 1977 from Central Michigan University. in the terrorist attack that struck that ant to clause 8 of rule XX and the Sergeant Beilke retired from active day. For his dedicated services to the Chair’s prior announcement, further duty in 1974, but remained dedicated to United States military and veteran proceedings on this motion will be the service of our soldiers, to the vet- populations, Master Sergeant Beilke postponed. erans and to their families. The driving was awarded the Defense of Freedom f force of Mr. Beilke’s life was caring for Medal from the Department of Defense soldiers and their needs. He was instru- and Meritorious Civilian Service MAX J. BEILKE DEPARTMENT OF mental in getting Congress to pass the Award from the Department of the VETERANS AFFAIRS OUT- TRICARE for Life program for military Army, both posthumously. PATIENT CENTER retirees. For this, he was named a Mr. Speaker, I strongly support H.R. Mr. WALZ. Mr. Speaker, I move to TRICARE hero. From 1984 until Sep- 3157 in recognition of the service and suspend the rules and pass the bill tember 11, 2001, Mr. Beilke served as sacrifice made by Master Sergeant Max (H.R. 3157) to name the Department of deputy chief of the Army Retirement Beilke for his country. Veterans Affairs outpatient clinic in Services, and was an active member of I encourage all of my colleagues to Alexandria, Minnesota, as the ‘‘Max J. the Army Chief of Staff Retiree Coun- support this very important bill. Beilke Department of Veterans Affairs cil. I reserve the balance of my time. Outpatient Clinic’’. Master Sergeant Max Beilke left be- Mr. WALZ. Mr. Speaker, it’s a pleas- The Clerk read the title of the bill. hind his wife, two daughters, and three ure for me to yield as much time as he The text of the bill is as follows: grandsons. Master Sergeant Beilke was may consume to the gentleman and my H.R. 3157 a true friend to thousands of Army re- neighbor from Minnesota, Mr. PETER- Be it enacted by the Senate and House of Rep- tirees and was of one of Alexandria, SON, someone who understands the resentatives of the United States of America in Minnesota’s and this country’s most needs of rural Minnesota and our rural Congress assembled, distinguished heroes. veterans as well as anybody in this

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.011 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12168 CONGRESSIONAL RECORD — HOUSE November 2, 2009 House and in this country, and under- Again, we urge all of our colleagues to the United States in El Paso County, Col- stands how important these outpatient to support this bill. orado, that would be suitable to establish clinics are and the incredible honor and Mr. Speaker, I yield back the balance the national cemetery under subsection (a). why it’s right to name this clinic for a of my time. (c) AUTHORITY TO ACCEPT DONATION OF PARCEL OF LAND.— true Minnesota hero. GENERAL LEAVE (1) IN GENERAL.—The Secretary of Veterans Mr. PETERSON. I thank the gen- Mr. WALZ. Mr. Speaker, I ask unani- Affairs may accept on behalf of the United tleman, thank him and the gentleman mous consent that all Members may States the gift of an appropriate parcel of from Arkansas for letting me have a have 5 legislative days in which to re- real property. The Secretary shall have ad- couple of minutes. vise and extend their remarks and in- ministrative jurisdiction over such parcel of I think you have already covered all clude extraneous material on H.R. 3157. real property, and shall use such parcel to establish the national cemetery under sub- or most of my speech, but we are very The SPEAKER pro tempore. Is there honored to be able to name the out- section (a). objection to the request of the gen- (2) INCOME TAX TREATMENT OF GIFT.—For patient clinic in Alexandria after a tleman from Minnesota? purposes of Federal income, estate, and gift true American hero, Mr. Max Beilke, There was no objection. taxes, the real property accepted under para- who grew up on a small farm near Al- Mr. WALZ. Mr. Speaker, I, too, urge graph (1) shall be considered as a gift to the exandria, Minnesota. my colleagues to unanimously support United States. He was a 1950 graduate of Alexandria H.R. 3157. I thank the gentleman from (d) REPORT.—As soon as practicable after High School. He was drafted into the Minnesota for highlighting this, telling the date of the enactment of this Act, the Army and sent to Korea in 1952. Short- one of those stories of heroism, one of Secretary shall submit to Congress a report on the establishment of the national ceme- ly after he returned home from his tour those stories of selfless service and of service in Korea, he reenlisted and tery under subsection (a). The report shall then tying it to something that’s in- set forth a schedule for such establishment made the Army his full-time career. credibly important as we move for- and an estimate of the costs associated with Max served in Korea, Germany and, ward—rural care for our veterans. such establishment. lastly, Vietnam, where he, during his 8- Mr. Speaker, I have no further re- (e) RELATIONSHIP TO CONSTRUCTION AND month tour, served as operations ser- quests for time, and I yield back the FIVE YEAR CAPITAL PLAN.—The requirement geant at Camp Alpha in Saigon, where balance of my time. to establish a national cemetery under sub- all soldiers were processed going to and The SPEAKER pro tempore. The section (a) shall be added to the current list of priority projects, but should not take pri- coming from the United States. As was question is on the motion offered by noted, he was the last combat soldier ority over existing projects listed on the Na- the gentleman from Minnesota (Mr. tional Cemetery Administration’s construc- to leave Vietnam while his family WALZ) that the House suspend the rules tion and five-year capital plan for fiscal year watched on television. and pass the bill, H.R. 3157. 2008. After 21 years in the Army, Max re- The question was taken. (f) SOUTHERN COLORADO REGION DEFINED.— tired in 1974 as a master sergeant. The SPEAKER pro tempore. In the In this Act, the term ‘‘southern Colorado re- Eventually, he settled in Laurel, Mary- opinion of the Chair, two-thirds being gion’’ means the geographic region con- land, where he lived with his wife, Lisa, in the affirmative, the ayes have it. sisting of the following Colorado counties: (1) El Paso. and raised two daughters. After retir- Mr. WALZ. Mr. Speaker, on that I de- ing from the Army, he earned a mas- (2) Pueblo. mand the yeas and nays. (3) Teller. ter’s degree from Central Michigan The yeas and nays were ordered. (4) Fremont. University. The SPEAKER pro tempore. Pursu- (5) Las Animas. As was noted, Max was very instru- ant to clause 8 of rule XX and the (6) Huerfano. mental in establishing the TRICARE Chair’s prior announcement, further (7) Custer. system for our veterans, and it was be- proceedings on this motion will be (8) Costilla. cause of that he was at the Pentagon postponed. (9) Alamosa. on September 11 and met his untimely (10) Saguache. f death on that day. He was laid to rest (11) Conejos. on December 11 in Arlington National ESTABLISHMENT OF NATIONAL (12) Mineral. VETERANS CEMETERY IN (13) Archuleta. Cemetery. (14) Hinsdale. He had a distinguished career in the SOUTHERN COLORADO REGION (15) Gunnison. Army and as a civilian. He has the sup- Mr. WALZ. Mr. Speaker, I move to (16) Pitkin. port of all Minnesotans and all our vet- suspend the rules and pass the bill (17) La Plata. erans organizations. He very much de- (H.R. 174) to direct the Secretary of (18) Montezuma. serves to have this clinic named after Veterans Affairs to establish a national (19) San Juan. him. cemetery for veterans in the southern (20) Ouray. I want to commend the VA for open- (21) San Miguel. Colorado region. (22) Dolores. ing this clinic. I think this is the fifth The Clerk read the title of the bill. (23) Montrose. clinic that they have opened in my dis- The text of the bill is as follows: (24) Delta. trict. It was proposed in 2004, and we H.R. 174 (25) Mesa. had the grand opening ceremony just Be it enacted by the Senate and House of Rep- (26) Crowley. last month. For too long rural veterans resentatives of the United States of America in (27) Kiowa. in my district have had to travel too Congress assembled, (28) Bent. (29) Baca. far for health care, but this clinic will SECTION 1. ESTABLISHMENT OF NATIONAL CEM- bring veterans’ health care services ETERY IN SOUTHERN COLORADO The SPEAKER pro tempore. Pursu- closer to all the veterans who live in REGION. ant to the rule, the gentleman from that area. The VA estimates that it (a) IN GENERAL.—The Secretary of Vet- Minnesota (Mr. WALZ) and the gen- erans Affairs shall establish, in accordance will serve 3,500 local veterans with pri- tleman from Arkansas (Mr. BOOZMAN) with chapter 24 of title 38, United States each will control 20 minutes. mary care and mental health care and Code, a national cemetery in El Paso Coun- will provide a variety of other services ty, Colorado, to serve the needs of veterans The Chair recognizes the gentleman as well. and their families in the southern Colorado from Minnesota. I urge the House to pass this legisla- region. Mr. WALZ. Mr. Speaker, I yield my- tion. (b) CONSULTATION IN SELECTION OF SITE.— self as much time as I may consume. Mr. BOOZMAN. Mr. Speaker, again I Before selecting the site for the national Mr. Speaker, while I am pleased to be would like to thank Mr. PETERSON, the cemetery established under subsection (a), here today to bring H.R. 174, I think gentleman from Minnesota, for bring- the Secretary shall consult with— it’s probably too light to say sponsored ing this forward. We very strongly sup- (1) appropriate officials of the State of Col- by our former colleague on the com- orado and local officials in the southern Col- port this bill. It’s great that we honor orado region; and mittee, Mr. SALAZAR, to the floor a true American hero, not only for his (2) appropriate officials of the United today. This bill will establish a na- service connection and how he served States, including the Administrator of Gen- tional veterans cemetery in El Paso in the military, but how he led his life. eral Services, with respect to land belonging County, Colorado.

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.047 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12169 Just for background note, Mr. the bipartisan manner of the VA Com- very, very well through the years. This SALAZAR, who has moved on to another mittee understanding how important is a very bipartisan bill. committee, has been a tireless advo- this is. Mr. LAMBORN, from Colorado I urge all of our Members to support cate of our veterans, and this was a Springs, has been intricate in making this very, very important bill as it goes piece of legislation that I watched him this happen. forward. advocate for with great passion be- I can tell you this is one of the most Mr. Speaker, I yield back the balance cause of the need. Southern Colorado, moving and passionate discussions we of my time. including El Paso County and the city have in the VA. The commitment to GENERAL LEAVE of Colorado Springs, has the second making sure national cemeteries are Mr. WALZ. Mr. Speaker, I ask unani- highest concentration of veterans liv- accessible to our veterans is a key pri- mous consent that all Members may ing in the entire United States. ority. have 5 legislative days in which to re- Currently, those veterans in southern I urge the passage of H.R. 174. vise and extend their remarks and in- Colorado and their families who wish I reserve the balance of my time. clude extraneous material on H.R. 174. to either visit a veterans cemetery or Mr. BOOZMAN. Mr. Speaker, I yield The SPEAKER pro tempore. Is there have their loved ones interred must myself such time as I may consume. objection to the request of the gen- travel into the Denver metropolitan Mr. Speaker, I rise today in support tleman from Minnesota? area to Fort Logan National Cemetery of H.R. 174, which would direct the Sec- There was no objection. in often treacherous weather condi- retary of Veterans Affairs to construct Mr. WALZ. Mr. Speaker, I, too, want tions. Not only is this an undue burden, a new national cemetery in southern to thank Mr. BOOZMAN for his eloquent but the Fort Logan National Cemetery Colorado. Providing our veterans with words and his passion on this issue. is quickly running out of spaces. a place of honor and repose is one of This is truly an issue that unites every To alleviate this problem, H.R. 174 di- the most sacred missions of the Vet- Member of this House and every mem- rects the Secretary of Veterans Affairs erans’ Affairs Committee, and we have ber of this country, the care and the to establish a national cemetery for given this mission our unstinting sup- dignity that we lay our veterans to veterans in El Paso County, Colorado. port over the years. rest. H.R. 174 reflects a fitting tribute to The National Cemetery Administra- I want to thank Mr. SALAZAR and Mr. those Americans who have served our tion’s record of high satisfaction LAMBORN again for their unwavering Nation with honor. The veterans’ na- among the families of its beneficiaries commitment to getting this done. tional cemeteries of the United States is the envy of the Federal Government I urge my colleagues to unanimously demonstrate the desire of a grateful and is a reflection of sound administra- support H.R. 174. Nation to appropriately commemorate tion and strong congressional support, Mr. SALAZAR. Mr. Speaker, I rise today in those who served in our Armed Forces. free of political influence. The Depart- Since 1862, more than 3 million bur- support of my bill, H.R. 174, directing the Sec- ment of Veterans Affairs has a well-es- retary of Veterans Affairs to establish a na- ials have occurred in VA national tablished and proven method that uses cemeteries. The National Cemetery Ad- tional cemetery south of Colorado Springs, to distance and demographics to select serve the veterans and families of southern ministration of the Department of Vet- new cemetery sites. erans Affairs manages 130 national Colorado. While I believe that the VA process Mr. Speaker, Coloradans take great pride in cemeteries nationwide for our vet- has its flaws and could use revision, it erans. Of the 130 cemeteries, 60 of them serving our nation. is the established process. Congress has As a veteran myself, I am proud to rep- are no longer accepting in-ground in- long deferred to this process, which is terments, which results in millions of resent a district that is home to 70,000 of essentially free from political pressure. veterans and survivors being unserved Colorado’s almost 427,000 veterans. Since 1999, Congress has authorized 12 and turned away from our national Generations of Coloradans have stood in new national cemeteries, all of which cemeteries. the service of our nation with pride. While the State Cemetery Grants went through this process. A recent In sharing that pride, our nation must also Program has met with success, the program evaluation of this policy re- show its gratitude when our veterans pass need to build new national cemeteries vealed that there are some weaknesses away. with a strategic vision is really still in this policy and made several rec- During this difficult time, it eases a family’s ommendations on how to better serve quite urgent. This is why Mr. SALAZAR burden when seeing their loved one interred at introduced this bill and a related bill, veterans and their families. a veteran’s cemetery and to witness their sac- the National Cemeteries Expansion Act One such recommendation was to re- rifices being remembered by the nation they of 2009, H.R. 3544, which would require duce the population threshold so that served. the VA to reexamine its entire na- each cemetery would serve a popu- However, we are faced with a situation tional cemetery establishment policy lation to as little as 120,000 veterans. where current standards place many VA standard of 170,000 veterans in a 75-mile The current population level is 170,000 cemeteries closer to large metropolitan areas. radius. This policy clearly has outlived veterans. VA is continuing to review In my home state alone, there are 150,000 its usefulness and should be revised im- the evaluation. veterans in the 29 designated southern Colo- mediately. It is because of this process that Mr. rado counties that are waiting for an acces- I want to thank Chairman FILNER STEARNS of Florida offered an amend- sible veteran’s cemetery. and Ranking Member BUYER for push- ment that was accepted for H.R. 1660, Such policies punish our veterans for choos- ing this bill forward. As we lose more which is the predecessor of H.R. 174 ing to be buried in the small towns where they of our Greatest Generation of veterans from the 110th Congress. The amend- chose to live and raise their families. and face the unfortunate prospect of ment was intended to ensure that any It is wrong to force families to travel many additional fatalities, we need to make new cemetery authorized by this bill hours and hundreds of miles to visit the final certain that veterans are provided a would not displace cemetery projects resting place of their loved ones. dignified, accessible, and well-main- in areas previously identified as prior- As it stands, veterans and their families liv- tained final resting place. H.R. 174 ities. This language preserves the in- ing in southern Colorado have the option of ei- helps to ensure that this happens for tegrity of the cemetery planning proc- ther making the difficult journey north to Ft. the many veterans and survivors of the ess. Logan in Denver or east to Ft. Lyons in Las region of southern Colorado. I thank the original sponsors of the Animas. Also, I would like to add that in the bill, Mr. SALAZAR and Mr. LAMBORN, for With these facilities, families have found past this bill enjoyed the support of the including this language in this year’s themselves forced to travel extreme distances Military Order of the Purple Heart, the bill, and I am very pleased to support over rough terrain in unpredictable weather. American Legion, the Veterans of For- it. Since 1862, more than three million burials eign Wars, the Disabled American Vet- Having no further speakers, again, I have been made in VA national cemeteries. erans, and the Paralyzed Veterans of just want to echo what Mr. WALZ said National cemeteries are the testimony of a America. earlier, that this is one of the most im- grateful nation to appropriately commemorate Finally, I again want to applaud the portant functions that the Veterans’ the Americans who have served our nation in leadership of Mr. SALAZAR on this bill, Affairs Committee does and has done it the armed forces.

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.049 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12170 CONGRESSIONAL RECORD — HOUSE November 2, 2009 Of the 120 cemeteries the VA National Whereas on Veterans Day each year, the On this 90th official Veterans Day, it Cemetery Administration manages, 58 of them Nation honors those who have defended de- is important to let these heroes know are no longer accepting interments. In antici- mocracy by serving in the Armed Forces; that this grateful Nation honors their Whereas veterans continue to provide a service. Pause to remember that serv- pation of this, a cemetery in southern Colo- valuable service in their communities across rado would extend the life of Ft. Logan and Ft. the Nation and are important members of ice and the sacrifices of each and every Lyon. American society; one who has worn this Nation’s uni- Families would no longer have to travel to Whereas we must honor and express our form. On Veterans Day and throughout these distant locations and instead could bury sincere gratitude to all our veterans for their the year, join me and every Member of their loved ones closer to home. unwavering commitment to country, justice this House to take the time and show In doing so, space that would otherwise be and democracy; your gratitude to those who have an- used at Ft. Logan and Ft. Lyon would remain Whereas the observance of Veterans Day is swered the call of duty. available for families closer to Denver and Las an expression of faith in democracy, faith in Mr. Speaker, I know as a veteran my- American values, and faith that those who Animas. self, as a member of the Veterans’ Af- fight for freedom will defeat those whose fairs Committee and having the honor On May 2, 2008 the House Veterans Affairs cause is unjust; and Subcommittee on Disability and Memorial Af- Whereas section 6103(a) of title 5, United to serve there, and as a teacher of our fairs held a field hearing in Colorado Springs, States Code, provides that ‘‘Veteran’s Day, high school students, how incredibly Colorado to review the need for a cemetery in November 11’’ is a legal public holiday: Now, important it is to remember the foun- southern Colorado. therefore, be it dations this country was founded on The hearing was presided over by Chairman Resolved, That the House of Representa- and those who are willing to give and, tives— as we speak, are still willing to give JOHN HALL, Representative DOUG LAMBORN (1) encourages Americans to demonstrate and myself. the ultimate sacrifice. their support for veterans on Veterans Day Veterans Day is not a day for sales, Veterans Advocates, VSO’s and widows each year by treating that day as a special with Gold Star Wives gave testimony in sup- day of reflection; and Veterans Day is not a day to take port of the legislation and reinforced the need (2) encourages schools and teachers to edu- the day off. Veterans Day is a day to for such a cemetery. cate students on the great contributions vet- understand that all the blessings of lib- After hearing testimony and having experi- erans have made to the country and its his- erty and freedom this country has ema- enced the difficult driving conditions and an tory, both while serving as members of the nate from each and every one of those. abrupt snow storm, particularly over Monu- United States Armed Forces and after com- So I think it is incredibly important. I pleting their service; and urge support for this piece of legisla- ment Hill, then Under Secretary Tuerk com- (3) requests that the President issue a mitted to bringing a national veterans ceme- tion. proclamation each year in connection with I reserve the balance of my time. tery to the southern Colorado region. the observance of Veterans Day calling on Mr. BOOZMAN. Mr. Speaker, I yield The cemetery is supported by national the people of the United States to observe myself such time as I may consume. VSO’s, local veteran’s advocates and most im- that day with appropriate ceremonies and Mr. Speaker, I rise in support of H. activities. portantly the veterans and their families living Res. 89, a resolution supporting and en- in Colorado. The SPEAKER pro tempore. Pursu- couraging greater support for Veterans With such overwhelming support by the Col- ant to the rule, the gentleman from Day each year. orado delegation and Congress, the VA would Minnesota (Mr. WALZ) and the gen- Our Nation’s veterans have sacrificed be acting on the intent of Congress in estab- tleman from Arkansas (Mr. BOOZMAN) so much for the freedoms that we enjoy lishing a cemetery in southern Colorado. each will control 20 minutes. on a daily basis. Our Nation has an ob- The Chair recognizes the gentleman I encourage my colleagues on both sides of ligation to ensure that those who have the aisle to support our rural veterans and from Minnesota. Mr. WALZ. Mr. Speaker, I yield my- served, and especially those who were support this bill. injured while serving, have the nec- Mr. WALZ. I have no further requests self such time as I may consume. Mr. Speaker, each year on Veterans essary benefits and services available for time, and I yield back the balance to allow them to lead productive and of our time. Day, Americans come together to honor our Nation’s heroes, over 23 mil- fulfilling lives. The SPEAKER pro tempore. The Today, a new generation of heroes re- question is on the motion offered by lion veterans that have served our country. Again this year, our country turns home, too often draped in the Na- the gentleman from Minnesota (Mr. is engaged in conflicts that require the tion’s flag. Their comrades in arms WALZ) that the House suspend the rules dedication of our uniformed troops. stand guard and honor their memories and pass the bill, H.R. 174. Our Nation has a proud legacy of ap- as they themselves become the living The question was taken; and (two- preciation and commitment to the men symbols of the cost of freedom. It is thirds being in the affirmative) the and women who have worn the uniform right that today, almost 1 week before rules were suspended and the bill was in defense of this great land. We must our commemoration of Veterans Day, passed. be united in seeing that every soldier, that we consider this resolution en- A motion to reconsider was laid on sailor, airman and marine is welcomed couraging and supporting the observ- the table. back with all the care and compassion ance of this important day for our Na- f that this grateful Nation can bestow. tion. This resolution encourages Ameri- b 1615 House Resolution 89 encourages Americans to demonstrate their sup- cans to demonstrate their support for SUPPORTING AND ENCOURAGING port for veterans. No other group of veterans on Veterans Day each year by GREATER SUPPORT FOR VET- Americans has stood stronger and treating that day as a special day of re- ERANS DAY braver for our democracy than our flection, encourages schools and teach- Mr. WALZ. Mr. Speaker, I move to troops and veterans. ers to educate students on the great suspend the rules and agree to the reso- As a member of the Committee on contributions our veterans have made lution (H. Res. 89) supporting and en- Veterans’ Affairs, it is my honor to to our country, and requests that the couraging greater support for Veterans serve the veterans of this Nation, and I President issue a proclamation each Day each year. encourage my fellow Americans to do year in connection with the observance The Clerk read the title of the resolu- the same. I firmly believe that Vet- of Veterans Day. tion. erans Day should not be observed just Mr. Speaker, I want to thank my col- The text of the resolution is as fol- once a year, but our Nation’s heroes league, Mr. BACA of California, for in- lows: must be celebrated, honored and re- troducing this legislation, as well as H. RES. 89 membered every single day of the year. Chairman FILNER and Ranking Member I encourage all Americans to reach Whereas veterans of service in the United BUYER for moving the bill so quickly to States Armed Forces have served the Nation out to veterans, thank them and their the floor for consideration. with honor and at great personal sacrifice; families for the amazing sacrifices they I urge my colleagues to support H. Whereas the American people owe the se- make, learn more about their contribu- Res. 89. curity of the Nation to those who have de- tions to our country, and gain the wis- Mr. Speaker, having no further fended it; dom of their personal stories. speakers, I just again want to say how

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.030 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12171 important this resolution is. Mr. WALZ Mr. BACA. Mr. Speaker, I rise in sup- has never been free; it has been fought for said it so eloquently, especially coming port of H. Res. 89, the Veterans Day both on battle fields around the world and on from somebody like himself who did resolution. the floors of the Congress. many years in the military and rose to I thank Chairman BOB FILNER and In November 1919, President Wilson re- a place of such prominence. We appre- Ranking Member STEVE BUYER for membered our fallen soldiers of WWI with the ciate his service. their commitment to this resolution following words: ‘‘To us in America, the reflec- Again, this resolution basically just and tremendous support for America’s tions of Armistice Day will be filled with sol- says that we need to slow down and do veterans. emn pride in the heroism of those who died in more to recognize the sacrifice of our As one of many veterans who are now the country’s service and with gratitude for the veterans on this very, very important Members of Congress, I am proud to in- victory, both because of the thing from which day. I think it is certainly very fitting. troduce and now seek the passage of it has freed us and because of the opportunity With that, I urge all of my colleagues this important resolution. it has given America to show her sympathy to support the resolution. To all my colleagues and fellow vet- with peace and justice in the councils of the Mr. Speaker, I yield back the balance erans, I commend you for your service. nations . . .’’ The Veterans Day that we know of my time. This resolution reminds us that Vet- today was signed into law on May 26, 1954 by GENERAL LEAVE erans Day is not just a day off from President Dwight Eisenhower. Congress Mr. WALZ. Mr. Speaker, I ask unani- school or work. This is a special day of amended the act on November 8, 1954, re- mous consent that all Members may reflection to honor those that have de- placing ‘‘Armistice’’ with Veterans, and it has have 5 legislative days in which to re- fended our freedom. been known as Veterans Day since. vise and extend their remarks and in- America would not be the great coun- In its history, America has endured great clude extraneous material on House try that she is, if it were not for our tests of faith and each of the roughly 42 mil- Resolution 89. veterans. lion men and women who have served this The SPEAKER pro tempore. Is there When our troops commit to serve our Nation at some point in time is a testament to objection to the request of the gen- country, they make a promise to serve the fact that this country truly is the land of the tleman from Minnesota? and protect. free and the home of the brave. For nowhere There was no objection. We also have a moral responsibility Mr. WALZ. Mr. Speaker, I would like else in the world can you live a life of liberty to protect returning veterans and their to thank the gentleman from Arkan- in the pursuit of happiness as you can on families. sas, my good friend, a tireless sup- American soil, this is the American Dream. A Veterans returning from Iraq and Af- porter of veterans, a true gentleman in dream had by the likes of Abraham Lincoln, ghanistan must receive the best treat- this House, and someone who embodies Martin Luther King, Jr., Barbara Jordan and ment. Sadly, for the last few years, I what we are here for. There is far more every other American. A dream recently don’t believe our Government has held that unites us than divides us, and achieved by President Obama, who came its end of the bargain. nothing makes that clearer than Vet- from obscurity to the forefront of a truly just But Congress is working diligently to erans Day. I think all of us know that nation. Veterans have all done a great service correct this, most recently by imple- when we come together in support of to this Nation and it is our duty to honor them. our veterans, it is all that is right in menting an outstanding GI bill and for The Texas Veterans Commission recognizes this country. We have our differences, adding more support services to vet- over 1.7 million veterans in my home state of we disagree on things, but nothing will erans and their families. Texas and within my home district, the 18th ever shake that. We all must do our part to recognize District of Texas, we hold our 34,000 veterans I want to thank Chairman FILNER America’s greatest heroes. in the upmost respect. and Ranking Member BUYER for their This is why my resolution also en- Every morning when you wake up, you outstanding commitment to this. courages schools to educate our young should thank a Veteran. Every night you make Maybe some people are wondering why people about the contributions of our it to bed, you should thank a Veteran. Every this is H. Res. 89 after all the big num- veterans to this country. breath in freedom you take, you should thank bers. Mr. BACA puts this in first every Last Congress, as Chair of the CHC, I a Veteran. After serving our Nation with honor, year in every Congress to make sure worked closely with Hispanic veterans our Veterans deserve to be honored. that it is ready to go for Veterans Day. and Medal of Honor winners from WWII For these reasons I stand with many of my For that I thank him. to today. colleagues in strong support of H. Res. 89, ANDRE´ CARSON was down here earlier. The stories of courage and sacrifice I authored by Congressman JOE BACA (CA 43rd As I explained to Mr. STEARNS why we heard from them were nothing short of District) for the greater recognition of Veterans did this, one of the things was, it is amazing. They deserve to be recognized Day by: never hard to get anyone to come and and thanked. 1. Encouraging Americans to demonstrate support pieces of veterans legislation. A special thanks is due to our mili- their support for veterans each year by treat- Mr. CARSON from Indiana came back tary families who are often left behind ing that day as a special day of reflection; early and did that. and face the daily rigors of war within 2. Encouraging schools and teachers to I also want to thank the staff for this their homes in America and overseas. educate our children about the many contribu- package of initiatives going forward These families sacrifice so much for tions that veterans have made to our society— before Veterans Day, both the majority their loved ones and for America. I both during and after their service in the mili- and the minority staff, for their tire- thank you as well; you are the support tary; less work on this. The one thing I have system and backbone for all these vet- 3. Requesting that the President issue a found working in the Veterans’ Affairs erans. proclamation each year in connection with the Committee, the staff are there for our On November 11th, on Veterans Day observance of Veterans Day calling on the veterans. That is their main purpose, do not forget who the true heroes of people of the United States to observe that that is what they are there for every this country are. Reflect on the true day with appropriate ceremonies and activi- day, and they continue to work tire- meaning of Veterans Day, and remem- ties. lessly to ensure that we are doing good ber the sacrifices made by so many As stated in the resolution, the observance things. proud American sons and daughters. of Veterans Day is an expression of faith in So it is with that that I ask all I urge my colleagues to vote in favor democracy, faith in American values, and faith Americans to stand proud with our vet- of H. Res. 89. that those who fight for freedom will defeat erans, stand tall, know that those free- Ms. JACKSON-LEE of Texas. Mr. Speaker, those whose cause is unjust. As our Veterans doms that they enjoy so much come at I rise today in support of H. Res. 89, ‘‘sup- take an oath to take on a just cause, so must an incredible cost to many of our fel- porting and encouraging greater support for we. We must vow to never forget the indis- low Americans, but to let them know Veterans Day each year.’’ The roots of Vet- putable fact that our Veterans are the back that we are with them every step of the erans Day can be traced back to the eleventh bone of this Nation, they are the reason we way, and these pieces of legislation hour of the eleventh day of the eleventh can stand against forces of oppression. We will go further to do that. month, in 1919, yet the reigning effects of the too must stand and fight for our Veterans, to I urge the unanimous support of H. efforts of our Veterans reach back much fur- give them the care they both need and de- Res. 89. ther. From our inception as a Nation, freedom serve.

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.053 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12172 CONGRESSIONAL RECORD — HOUSE November 2, 2009 Mr. WALZ. I have no further requests Resolved, That the House of Representa- formerly impressed sailors who escaped for time. I yield back the balance of my tives— their oppressive conditions aboard time. (1) recognizes the celebration of Filipino Spanish galleons to establish a Filipino The SPEAKER pro tempore. The American History Month as a study of the community in present-day Louisiana. question is on the motion offered by advancement of Filipino Americans, as a time of reflection and remembrance, and as The existence of this Filipino settle- the gentleman from Minnesota (Mr. a time to renew efforts toward the research ment was first reported in an 1883 WALZ) that the House suspend the rules and examination of history and culture in Harper’s Weekly article, which is wide- and agree to the resolution, H. Res. 89. order to provide an opportunity for all peo- ly believed to be the first article writ- The question was taken; and (two- ple in the United States to learn and appre- ten about Filipino settlers in these thirds being in the affirmative) the ciate more about Filipino Americans and United States. rules were suspended and the resolu- their historic contributions to the Nation; tion was agreed to. and Today, according to the most recent A motion to reconsider was laid on (2) urges the people of the United States to United States Census Bureau estimate, the table. observe Filipino American History Month the Filipino American population in with appropriate programs and activities. the United States is nearly 3.1 million, f The SPEAKER pro tempore. Pursu- making the Filipino American commu- FILIPINO AMERICAN HISTORY ant to the rule, the gentleman from nity the second largest Asian American MONTH Massachusetts (Mr. LYNCH) and the group in the United States. And while Mr. LYNCH. Mr. Speaker, I move to gentleman from North Carolina (Mr. the majority of our Filipino American suspend the rules and agree to the reso- MCHENRY) each will control 20 min- population is concentrated in the lution (H. Res. 780) recognizing the utes. States of California and Hawaii, Fili- celebration of Filipino American His- The Chair recognizes the gentleman pino contributions in the field of public tory Month in October. from Massachusetts. service, literature, business, science The Clerk read the title of the resolu- GENERAL LEAVE and other areas have deeply enriched tion. Mr. LYNCH. Mr. Speaker, I ask unan- the lives of all Americans across our The text of the resolution is as fol- Nation. lows: imous consent that all Members may have 5 legislative days within which to Whether we recall the approximately H. RES. 780 revise and extend their remarks and 250,000 brave Filipino Americans that Whereas the earliest documented proof of served during World War II, or our Fili- Filipino presence in the continental United add any extraneous materials. States was the date of October 18, 1587, when The SPEAKER pro tempore. Is there pino Americans deployed in the sup- the first ‘‘Luzones Indios’’ set foot in Morro objection to the request of the gen- port of Operation Iraqi Freedom and Bay, California, on board the Manila-built tleman from Massachusetts? Operation Enduring Freedom in Af- galleon ship Nuestra Senora de Esperanza; There was no objection. ghanistan, our brave Filipino American Whereas the Filipino American National Mr. LYNCH. Mr. Speaker, I yield my- servicemen and -women have contin- Historical Society recognizes the year of 1763 self such time as I may consume. ually demonstrated their commitment as the date of the first permanent Filipino Mr. Speaker, on behalf of the Com- to safeguarding our Nation at great settlement in the United States in St. Malo Parrish, Louisiana, which set in motion the mittee on Oversight and Government personal sacrifice. focus on the story of our Nation’s past from Reform, I am proud to present H. Res. Accordingly, I would like to thank a new perspective by concentrating on the 780 for consideration. This resolution the sponsor of this resolution, my economic, cultural, social, and other notable recognizes the celebration of Filipino friend and colleague Mr. FILNER of contributions that Filipino Americans have American History Month. California, for his great work as chair- made in countless ways toward the develop- House Resolution 780 was introduced man of our Veterans’ Affairs Com- ment of the history of the United States; on September 25, 2009, by my friend and Whereas the Filipino American community mittee and for ensuring that the eco- is the second largest Asian American group colleague Representative BOB FILNER nomic stimulus legislation signed by in the United States with a population of ap- of California. In addition, this resolu- President Obama earlier this year in- proximately 3,100,000 people; tion was favorably reported out of the cluded a provision which required that Whereas Filipino American servicemen and Oversight Committee by unanimous our roughly 15,000 living Filipino vet- servicewomen have a longstanding history consent on October 29, 2009, and it en- erans of World War II receive their full serving within the Armed Services of the joys the support of over 50 Members of and deserved veterans benefits. United States, from the Civil War to the Congress. Moreover, the United States present Iraq and Afghanistan conflicts, in- The contributions of Filipino Ameri- Senate passed a companion resolution cluding the 250,000 Filipinos who fought cans to our national history are also to this legislation, Senate Resolution under the United States flag during World evident in various other areas, includ- 298, by unanimous consent on October War II to protect and defend this country; ing government and journalism. Nota- Whereas Filipino Americans are an inte- 1, 2009. bly, in 1994, Benjamin J. Cayetano be- gral part of the United States healthcare Mr. Speaker, House Resolution 780 came the first Filipino American elect- system as nurses, doctors, and other medical recognizes the celebration of Filipino ed a United States Governor. And in professionals; American History Month as a unique 1997, Filipino American journalists Whereas Filipino Americans have contrib- opportunity to reflect upon the signifi- uted greatly to the fine arts, music, dance, Byron Acohido and Alex Tizon of The cant advancements of Filipino Ameri- literature, education, business, literature, Seattle Times were the recipients of cans in our country as well as high- journalism, sports, fashion, politics, govern- Pulitzer Prizes for their outstanding light the countless and diverse con- ment, science, technology, and other fields contributions to American journalism. in the United States which enrich the land- tributions of Filipino Americans to our scape of the country; national history and culture. Mr. Tizon, a native of Manila who Whereas efforts must continue to promote This monthlong celebration of Fili- came to the United States at the age of the study of Filipino American history and pino American History Month was es- 4, was honored for a series of investiga- culture, as mandated in the mission state- tablished in 1988 by the Filipino Amer- tive articles about the widespread cor- ment of the Filipino American National His- ican National Historical Society to co- ruption and inequities in the Federally torical Society, because the roles of Filipino sponsored housing program for Native Americans and other people of color have incide with the 225th anniversary of been overlooked in the writing, teaching, the permanent settlement of Filipinos Americans. Mr. Acohido received his and learning of United States history; in the continental United States. Pulitzer for his reporting on the condi- Whereas it is imperative for Filipino Notably, the Filipino American Na- tions of the American aerospace indus- American youth to have positive role models tional Historical Society recognizes try. to instill in them the importance of edu- the year 1763 as the date of the first Mr. Speaker, these are only a few of cation, complemented with the richness of permanent Filipino settlement in the the many Filipino Americans whose their ethnicity and the value of their legacy; and continental United States in the small achievements have greatly contributed Whereas Filipino American History Month fishing village of Saint Malo, located to our national history. It is my hope is celebrated during the month of October: in what is now Saint Bernard Parish in that we can commemorate the con- Now, therefore, be it Louisiana. These early settlers were tributions of all Filipino Americans

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.055 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12173 through the passage of House Resolu- of Filipino Americans. This is impor- pected on the floor, and we have put tion 780 and by recognizing the signifi- tant to the Filipino American commu- that to a time certain. cance of Filipino American History nity. It is very, very important and The reason that we are dealing with Month. well deserved. I think it is appropriate ceremonial matters, commemorative I urge my colleagues to join us in at a time like this to take the time to matters here, is because Members are supporting H. Res. 780. recognize their accomplishments and not all in the District of Columbia I reserve the balance of my time. for being an important part of our Na- right now; they’re not all in Wash- Mr. MCHENRY. Mr. Speaker, I yield tion’s history and our culture. ington. They are traveling here. This is myself such time as I may consume. I resent the fact that the inference a matter of courtesy, a courtesy ex- tended to the minority Members so b 1630 has been made here that somehow we are using valuable time in the House that when matters of contest and of I rise today in support of this legisla- when this particular time has been seg- dispute might arise, they would be here tion and the two other commemorating mented so as to not interrupt the im- in full numbers, having the full oppor- resolutions the Oversight and Govern- portant business to be taken up later tunity to debate those matters. ment Reform Committee has put forth in the week. We are taking this time Mr. FILNER. Mr Speaker, I rise today to for consideration today on the House now, while Members are flying in and urge my colleagues to support H. Res. 780, floor. we don’t have a full quorum, to address which I introduced along with several of my I believe Congress should instead, these commemorative issues. We will colleagues on the U.S.-Philippines Friendship though, be focusing on high-priority be in for the full week, so we’ll have Caucus. initiatives. We are facing record unem- plenty of time to take those other mat- H. Res. 780 recognizes Filipino American ployment deficits that threaten to ters up when the House is fully assem- History Month, which was in October, and bankrupt this country and a stimulus bled. celebrates the heritage and culture of Filipino that is failing to create new jobs, yet Again, I have no further speakers, Americans and their immense contributions to this Congress is considering legislation but I will continue to reserve the bal- our nation. that is not a high priority for the ance of my time. The Filipino American National Historical American people. The Congress should Mr. MCHENRY. I yield myself such Society established Filipino American History be considering legislation that provides time as I may consume. Month in 1988. However, the U.S. House of a real and immediate economic solu- Mr. Speaker, I would say in response Representatives has never recognized Filipino tion for the American people before to my colleague, I certainly appreciate American History Month. naming and commemorating resolu- the substance of this resolution. It is Consideration of H. Res. 780 is long over- due. tions. important. However, my colleague’s I am pleased to honor the Filipino American But I do rise today, Mr. Speaker, in characterization that this is only one community and pay tribute to the extraordinary support of this resolution in celebra- day that we do suspensions here in the tion of Filipino American History contributions that Filipinos make to this nation. House actually doesn’t comport with Filipino Americans have been part of the Month. We have all seen the countless the reality that we’ve faced over the ways in which these Filipino Ameri- American experience, confronting many dif- last few weeks in the House of Rep- ficult challenges while being resolute and cans have advanced our Nation politi- resentatives. cally, economically and culturally. Fil- steadfast in their cultural heritage. On Monday, Tuesday and Wednesday Today, we honor Filipino Americans, from ipino Americans have significantly of last week, the House of Representa- farm workers to nurses and doctors to the contributed to this country through tives considered suspension items, brave and courageous soldiers who fought arts, science, math, sports, commerce which are noncontroversial pieces of shoulder-to-shoulder with American service- and every other aspect of American legislation, many of which are com- men. This country is indebted to the Filipino culture since they first arrived in the memorating in nature and are cer- veterans of World War II for their extraordinary 16th century. tainly important to the Members and sacrifices. During World War II, over 200,000 to the group they’re commemorating, I urge my colleagues to join with me in hon- Filipinos served in our U.S. military. absolutely. I agree. But we do have oring the history, culture, and contribution of They served in a variety of roles, such major work that we must contend Filipino Americans in the United States by as the Philippine Scouts, the Phil- with, and that was certainly the reason supporting this important resolution. ippine Commonwealth Army under why I started this discussion by saying Mr. AL GREEN of Texas. Mr. Speaker, I ex- U.S. command and as guerrillas during that we should be dealing with real tend my strong support to H. Res. 780, which the Japanese occupation of their is- major economic issues as a Congress recognizes and celebrates Filipino American lands. The history of our country has and take those very seriously and, add- History Month in October. shown that Filipino Americans have ing further, that the stimulus has The first Filipino in the United States arrived strengthened the United States in all failed our people, and I think we should at Morro Bay, California, on October 18, 1587 facets of our growth and development. be working to fix that, rather than in the Manila-built galleon, Nuestra Sen˜ora de Over 3 million Americans have traced simply to commemorate or change the Esperanza. In 1763, the first permanent Fili- their lineage to the Philippines, mak- building names of different Federal pino settlement was established in the United ing them the second-largest Asian agencies and different governmental States in St. Malo Parrish, Louisiana. For over American group in the United States. buildings. 200 years, since before the founding of our Mr. Speaker, I am pleased to support I certainly appreciate my colleague’s great country, Filipino Americans have made this resolution. comments, but we certainly have a dif- varied contributions to American culture and I reserve the balance of my time. ferent focus on that matter and that society in countless ways. Mr. LYNCH. Mr. Speaker, I have no characterization, although I would say Today, there are more than 3 million Filipino further speakers. But I do want to that I share the same focus as my col- Americans and persons of Filipino ancestry liv- point out that the reason we are here, league from Massachusetts, and that is ing in the United States, including nearly 6,000 dealing with noncontroversial items trying to do what’s right for the Amer- in my own 9th Congressional district in Hous- and commemorative items, in fact, is ican people. I certainly appreciate his ton, Texas. Filipino Americans count among because the House is not scheduled to work in that regard as well. their community prominent politicians, artists, take up votes, according to the cal- I yield back the balance of my time. businessmen, athletes, scientists, educators, endar, until 6:30. So we use this time to Mr. LYNCH. Mr. Speaker, the point I writers, television personalities, scholars, and take up matters that are noncontrover- was making is that this time, this time entertainers. Moreover, they are people who sial, and we postpone votes so that right now, has been reserved for this have paid the ultimate sacrifice for the safety Members can come in during the day. purpose specifically; and this is a reg- of our country. Filipino American servicemen They are flying in during the process. ular occasion during the week that we and servicewomen have a longstanding his- So this is a regularly scheduled event do this. Again, while we have extended tory of serving in the Armed Services of the here. This is when we take up matters a courtesy to Members of the Repub- United States, from the Civil War to the that are noncontroversial, such as this lican side, from the minority, so that present Iraq and Afghanistan conflicts, includ- one, which recognizes the importance they would know when votes are ex- ing more than 250,000 Filipinos who valiantly

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.056 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12174 CONGRESSIONAL RECORD — HOUSE November 2, 2009 fought under the United States flag during a majority of women in the United prise roughly 50.7 percent of the Amer- World War II. States, as amended. ican population, yet despite the extent Notwithstanding their contributions to Amer- The Clerk read the title of the resolu- of their representation in the U.S. pop- ica, we must continue to promote the study of tion. ulation, women remain significantly Filipino American history and culture because The text of the resolution is as fol- underrepresented at local, State and of the important roles that Filipino Americans lows: Federal Government levels. Notably, and other people of color have played in H. RES. 159 out of the 435 Members of the House of United States history. It is my hope that Whereas for over 200 years the citizens of Representatives, women hold 77 con- through this House Resolution, we can renew the State of New Hampshire have elected gressional seats. Moreover, in the our commitment to ensuring that Filipino State senators to serve in the legislature; United States Senate, women hold 17 of Americans and people of color are given their Whereas from 1931 to 1933, E. Maude Fer- the Senate’s 100 seats. due recognition for their contributions to our guson served as the first female member of In light of these and similar statis- nation. the New Hampshire State Senate; tics evidencing the underrepresenta- I urge my colleagues to support H. Res. 780 Whereas Vesta Roy served as the first fe- tion of women in government, the ad- male State senate president, and in 1983 she to honor our nation’s Filipino Americans and vancement of female legislators in the became the first female Governor of the New Hampshire State Senate can be our shared history with this community in the State of New Hampshire; United States. Filipino Americans have altered Whereas women currently hold the offices characterized as a defining moment in America, their contributions are documented of both the Speaker of the New Hampshire our Nation’s history. and forever enshrined in our history, and they House of Representatives and the State Sen- Following the State legislature elec- deserve our recognition for the countless ways ate President of New Hampshire; tions of November 2008, the State of in which they make America great. Whereas the New Hampshire State Senate New Hampshire began its current legis- Ms. BORDALLO. Mr. Speaker, I rise today was comprised of 13 women and 11 men for lative session on December 3, 2008, with the legislative session beginning on Decem- a historic female majority in the State in support of H. Res 780, legislation intro- ber 3, 2008; and duced by my colleague, Congressman BOB Senate. Specifically, women legislators Whereas the New Hampshire State Senate currently hold 13 of New Hampshire’s FILNER of California. H. Res 780 recognizes had nine women chairing committees and the celebration of Filipino-American History five men chairing committees for the legisla- 24 State Senate seats. In addition, nine Month and the important contributions made tive session beginning on December 3, 2008: female Senators are currently serving by the Filipino-American community through- Now, therefore, be it as Chairs in the State Senate, which out our Nation’s history. Filipino-Americans Resolved, That the House of Representa- consists of 14 standing committees. have contributed to all facets of American so- tives honors the New Hampshire State Sen- Moreover, the Honorable Sylvia Larsen ate for becoming the 1st statewide legisla- ciety and have enriched our Nation with their is currently serving her second con- tive body with a majority of women in the secutive term as State Senate presi- lives and achievements. United States. Guam is home to a large population of Fili- dent with the Honorable Terie Norelli The SPEAKER pro tempore. Pursu- pino-Americans who are active in all sectors of also serving her second consecutive ant to the rule, the gentleman from term as Speaker of the New Hampshire our community. Filipino-Americans have con- Massachusetts (Mr. LYNCH) and the House of Representatives. tributed to the economic, cultural and social gentleman from North Carolina (Mr. Mr. Speaker, I would also like to rec- success of Guam and have long played a part MCHENRY) each will control 20 min- ognize that this watershed moment in in the development of our island. The Phil- utes. American history would not have been ippines are culturally and historically linked to The Chair recognizes the gentleman possible without the efforts of previous our community on Guam. from Massachusetts. female leaders in New Hampshire poli- I would like to recognize the Filipino Com- tics, including the Honorable E. Maude munity of Guam, an umbrella organization rep- GENERAL LEAVE Mr. LYNCH. Mr. Speaker, I ask unan- Ferguson and the Honorable Vesta resenting over fifty groups, working together Roy. Senator Ferguson, who served in for the benefit of our island. I also commend imous consent that all Members may have 5 legislative days within which to the New Hampshire State House from the Filipino Community of Guam for mobilizing 1931 to 1933, has the distinction of be- and organizing relief efforts for the Filipino revise and extend their remarks and add any extraneous materials. coming the first woman elected to the flood victims affected by this past year’s nat- New Hampshire State Senate. Ms. Roy ural disasters. Numerous members of the The SPEAKER pro tempore. Is there objection to the request of the gen- made history as the first woman elect- Guam Filipino community maintain close ties ed to serve as president of the New to their relatives in the Philippines and were tleman from Massachusetts? There was no objection. Hampshire State Senate as well as the eager to help those in need. first woman to serve as the Governor of As a member of the U.S.-Philippines Friend- Mr. LYNCH. Mr. Speaker, I yield my- self such time as I may consume. New Hampshire from 1982 to 1983. ship Caucus and the Congressional Asian Pa- Mr. Speaker, the remarkable On behalf of the Committee on Over- cific American Caucus I join my colleagues in achievements of these women legisla- sight and Government Reform, I am urging a ‘‘yes’’ vote on H. Res 780. tors are as inspirational as they are pleased to present House Resolution 159 Mr. LYNCH. Mr. Speaker, I yield historic, to all those Americans that for consideration. This resolution pays back the balance of my time. are committed to the equality of all tribute to the New Hampshire State The SPEAKER pro tempore. The citizens regardless of race, ethnicity, Senate for becoming the first statewide question is on the motion offered by religion or gender. the gentleman from Massachusetts legislative body in United States his- Let us as a body take this oppor- (Mr. LYNCH) that the House suspend tory with a majority of women mem- tunity to honor the great State of New the rules and agree to the resolution, bers. Hampshire and its State Senate for H. Res. 780. House Resolution 159 was introduced this fine achievement by passing House The question was taken; and (two- on February 11, 2009, by my friend and Resolution 159. I urge my colleagues to thirds being in the affirmative) the fellow New Englander, Representative join me in supporting this resolution. rules were suspended and the resolu- PAUL HODES of New Hampshire. In ad- I reserve the balance of my time. tion was agreed to. dition, this resolution was favorably Mr. MCHENRY. Mr. Speaker, I yield A motion to reconsider was laid on reported out of the Oversight Com- myself such time as I may consume. the table. mittee by unanimous consent on Octo- As I said in the previous resolution f ber 29, 2009, and enjoys the support of that I was managing here on the floor, nearly 60 Members of Congress. while I am supportive of this legisla- HONORING NEW HAMPSHIRE Mr. Speaker, House Resolution 159 tion, the previous commemorating res- STATE SENATE honors the New Hampshire State Sen- olution and the additional one that the Mr. LYNCH. Mr. Speaker, I move to ate for the remarkable distinction of Oversight and Government Reform suspend the rules and agree to the reso- becoming the first statewide legisla- Committee is offering here for consid- lution (H. Res. 159) honoring the New tive body to consist of a majority of eration today, I believe that Congress Hampshire State Senate for becoming women members. According to 2008 should be, instead, focusing on higher- the 1st statewide legislative body with Census Bureau estimates, women com- priority initiatives. We’re facing record

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.018 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12175 unemployment, deficits that threaten rules were suspended and the resolu- dress delivered by President Abraham to bankrupt the country, and a stim- tion, as amended, was agreed to. Lincoln in Gettysburg, Pennsylvania, ulus that is failing to create new jobs. A motion to reconsider was laid on on November 19, 1863. Congress should be considering legisla- the table. b 1645 tion providing real and immediate eco- f nomic solutions for the American peo- House Resolution 736 was introduced ple before naming and commemorating HONORING PRESIDENT LINCOLN’S on September 10, 2009, by my great anything. GETTYSBURG ADDRESS friend and colleague, Representative But having said that, I do think it is Mr. LYNCH. Mr. Speaker, I move to TODD PLATTS, Republican of the 19th important to recognize the State of suspend the rules and agree to the reso- District of Pennsylvania. In addition, New Hampshire for their major mile- lution (H. Res. 736) honoring President this resolution was favorably reported stone, and I rise in support of H. Res. Lincoln’s Gettysburg Address on out of the Oversight Committee by 159, honoring the New Hampshire State ‘‘Dedication Day’’, November 19, 2009. unanimous consent on October 29, 2009, Senate for becoming the first statewide The Clerk read the title of the resolu- and enjoys the support of over 50 Mem- legislative body with a majority of tion. bers of Congress. women in the United States. It is a sig- The text of the resolution is as fol- Mr. Speaker, House Resolution 736 nificant achievement. As a result of lows: honors one of the most remarkable and the 2008 statewide elections, 13 of 24 significant political contributions in H. RES. 736 seats in the Senate are now held by terms of speeches made by one of our Whereas, on November 19, 1863, Abraham greatest Presidents, the Gettysburg women, an increase of three members Lincoln dedicated the Soldiers’ National which resulted in their majority sta- Cemetery on the battlefield at Gettysburg, Address delivered by President Abra- tus. On the national level, less than Pennsylvania, with the Gettysburg Address, ham Lincoln at the dedication of the one in four legislators is female and which harkened back to the promises of the Soldiers’ National Cemetery in Gettys- eight of 50 Governors is a woman. Declaration of Independence in the first sen- burg, Pennsylvania, on Thursday, No- These numbers continue to grow with tence, ‘‘Four score and seven years ago, our vember 19, 1863. This resolution is not each election year throughout the fathers brought forth, on this continent, a only fitting but also timely, as earlier country. new nation, conceived in Liberty, and dedi- this year we celebrated the bicenten- I’m pleased to salute the women of cated to the proposition that all men are cre- nial anniversary of the birth of Presi- New Hampshire for their commitment ated equal’’, and which called upon people of the United States to dedicate themselves to dent Lincoln, and on November 19 we to public service as well as women the principles of democracy so that govern- will mark the 146th anniversary of throughout the United States who ment ‘‘of the people, by the people, for the Dedication Day and the Gettysburg Ad- choose to serve our citizens on the people shall not perish from the earth’’; dress. local, State and Federal levels as their Whereas Congress adopted a joint resolu- In his invitation letter to President elected representatives. We certainly tion on August 7, 1946, declaring the Gettys- Lincoln, dated November 2, 1863, Get- commend the wonderful work and addi- burg Address to be ‘‘the outstanding classic tysburg attorney David Wills requested tion that New Hampshire has been able of the ages’’, designating November 19 as that President Lincoln participate in ‘‘Dedication Day’’ in honor of the Gettys- to meet by this wonderful milestone. the dedication ceremony by delivering With that, I yield back the balance of burg Address, and suggesting that the Get- tysburg Address ‘‘be read on that day in pub- ‘‘a few appropriate remarks,’’ as Wills my time. noted that former Senator Edward Mr. LYNCH. Mr. Speaker, I will just lic assemblages throughout the United States and its possessions, on our ships at Everett of Massachusetts was already point out that last week, we actually sea, and wherever the American flag flies’’; scheduled to deliver the central ora- finally had an official draft of the and tion. Accordingly, the dedication ad- health care reform bill. My colleagues Whereas 2009 is the 200th anniversary of dress delivered by President Lincoln on the other side have insisted, rightly, the birth of Abraham Lincoln and bicenten- more than 4 months following the piv- that they have 72 hours to review that nial tributes to his birth are expected throughout the United States: Now, there- otal battle of Gettysburg is not remem- bill; that it be placed online. I think it bered for its length, but rather for the is a courtesy to keep controversial fore, be it depth of its content. issues off the floor today to allow Resolved, That the House of Representa- tives— In less than 3 minutes and in only 10 Members to consider that legislation (1) honors President Lincoln’s greatest sentences, President Lincoln elo- because it is so important. I think if we speech, the Gettysburg Address; and quently commemorated the lives of jammed the schedule today with con- (2) encourages people in the United States those who had fallen on the hallowed troversial matters, you might hear the to read the Gettysburg Address on ‘‘Dedica- battlefield, reaffirmed the founding complaint from my colleagues and oth- tion Day’’ in public places across the Nation. principles of the then-divided United ers that they weren’t given a full and The SPEAKER pro tempore. Pursu- States of America, and set forth the fair opportunity to read that health ant to the rule, the gentleman from impetus behind the continuation of the care reform bill. Massachusetts (Mr. LYNCH) and the shared struggle to unify the Nation So, you’re darned if you do some- gentleman from North Carolina (Mr. times, and you’re darned if you don’t. amidst a deadly Civil War. MCHENRY) each will control 20 min- As noted by President Lincoln at the But I certainly do want to join with utes. the lead sponsor and my colleague, the conclusion his historic address: ‘‘It is The Chair recognizes the gentleman for us the living, rather, to be dedi- gentleman from North Carolina, but es- from Massachusetts. pecially PAUL HODES from New Hamp- cated here to the unfinished work shire, who is the lead sponsor of this GENERAL LEAVE which they who fought here have thus resolution, in congratulating the New Mr. LYNCH. Mr. Speaker, I ask unan- so far nobly advanced . . . that we here Hampshire State Senate. I happen to imous consent that all Members may highly resolve that these dead shall not be a member of the New Hampshire have 5 legislative days within which to have died in vain; that this Nation, bar, so this is particularly a proud mo- revise and extend their remarks and under God, shall have a new birth of ment for me as well in celebrating add any extraneous materials. freedom; and that government of the their terrific accomplishment through The SPEAKER pro tempore. Is there people, by the people, and for the peo- the passage of House Resolution 159. objection to the request of the gen- ple shall not perish from this Earth.’’ I yield back the balance of my time. tleman from Massachusetts? The elegance of President Lincoln’s The SPEAKER pro tempore. The There was no objection. brief words was noted by Senator Ever- question is on the motion offered by Mr. LYNCH. Mr. Speaker, I yield my- ett, whose oration at Gettysburg pre- the gentleman from Massachusetts self as much time as I may consume. ceded the President’s address and (Mr. LYNCH) that the House suspend On behalf of the Committee on Over- lasted approximately 2 hours. In a let- the rules and agree to the resolution, sight and Government Reform, I am ter that he sent to President Lincoln H. Res. 159, as amended. proud to present House Resolution 736 following the dedication ceremony, The question was taken; and (two- for consideration. This resolution pays Senator Everett wrote: ‘‘I should be thirds being in the affirmative) the tribute to the historic Gettysburg Ad- glad if I could flatter myself that I

VerDate Nov 24 2008 02:03 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.059 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12176 CONGRESSIONAL RECORD — HOUSE November 2, 2009 came as near to the central idea of the Lincoln’s Gettysburg Address certainly I do want to point out that of the last occasion in 2 hours as you did in 2 min- is a wonderful and enormous milestone seven resolutions that we have taken utes.’’ for all Americans. Whether or not your up in the House today, five out of the And the profound impact of President State was in the Union at that point, seven were offered by Republican Mem- Lincoln’s address on our national his- whether it even existed at that point, bers: Senate 475 by Senator BURR, tory has been evident for generations. it’s certainly important. House Resolution 773 by Representa- In addition to its prominence on the On November 19, 1863, President Lin- tive BOOZMAN, again 1168 by Represent- south wall of the Lincoln Memorial in coln delivered a carefully crafted ad- ative BOOZMAN. Those are all dealing Washington, D.C., the Gettysburg Ad- dress that was assumed by many to be with veterans’ issues. Representative dress has served as a timeless source of overshadowed by Senator Edward Ever- CAO of Veterans’ Affairs, House Resolu- inspiration in our eternal commitment ett’s 2-hour oration. So unsuspecting tion 828; and H. Res. 398 by Representa- as a Nation to achieve equality among was the crowd and so swift was the tive FORTENBERRY, another one of my all citizens. Notably, President Lin- speech that no pictures were taken great Republican friends. coln’s address was referenced in the while the address was given. If the So if the gentleman wanted to com- equally historic ‘‘I Have a Dream’’ crowd had known that they were wit- plain and restrain his own Members speech delivered by the Reverend Mar- nessing the defining speech of the War from offering what I think are meri- tin Luther King, Jr. on the steps of the Between the States, I’m confident that torious and deserving resolutions with Lincoln Memorial in August of 1963. many more would have been better pre- respect to veterans and to the people of Mr. Speaker, in acknowledgement of pared for the occasion. their own districts, that’s a courtesy the lasting impact of President Lin- In 10 lines and 272 words, the Presi- that I fully and fairly recognize and coln’s words, the 79th Congress ap- dent redefined the war as an effort to choose to honor, but if the gentleman proved House Joint Resolution 35 on solidify the American political system, wants to press with his desire to cur- August 7, 1946, thereby designating the our Republic, calling upon the Nation tail— day of November 19 as Dedication Day. to dedicate themselves to a new birth Mr. MCHENRY. Mr. Speaker, will the The 79th Congress additionally charac- of freedom so that government ‘‘of the gentleman yield? terized the Gettysburg Address as ‘‘the people, by the people, and for the peo- Mr. LYNCH. The gentleman has al- outstanding classic of the ages’’ and ple shall not perish from the Earth.’’ ready exhausted his time to no appar- recognized that ‘‘it will touch the We all know these words, Mr. Speak- ent purpose. It would be an attack on hearts of men and inspire faith in our er. We all care about these words. common sense for me to yield to him at this time. matchless democracy as long as time Though brief, his oration was powerful. With that being said, Mr. Speaker, I endures.’’ In these few appropriate remarks, Lin- ask all Members to support Mr. PLATTS Mr. Speaker, let us pay further trib- coln honored the fallen but also paid of Pennsylvania in his resolution, my ute to President Lincoln in the year of homage to the Founding Fathers and Republican friend. his bicentennial birthday celebration their commitment to a Nation led by Ms. JACKSON-LEE of Texas. Mr. Speaker, and in anticipation of the 146th anni- its people. I rise today to support H. Res. 736 ‘‘Honoring Mr. Speaker, I would say in closing versary of the Gettysburg Address President Lincoln’s Gettysburg Address on on a larger issue for the American peo- through our support of Representative Dedication Day.’’ TODD PLATTS of Pennsylvania’s resolu- ple that this commemorating resolu- Mr. Speaker, this resolution recognizes tion, 736. tion, while certainly it’s important to President Lincoln’s speech during the Novem- I would like to thank my colleague honor the Gettysburg Address, and ber 19, 1863 dedication of the Soldiers’ Na- Mr. PLATTS for introducing this legis- though delivered in 1863, I think today tional Cemetery on the battlefield at Gettys- lation, and I urge my colleagues to join we are at an anniversary of the 146th burg, Pennsylvania. me in supporting this resolution. year for the Gettysburg Address, and This speech, forever known as the Gettys- Mr. Speaker, I reserve the balance of it’s important that we remember and burg Address, commemorated the sacrifices of my time. commemorate this; but I think it’s also the fallen during the Civil War, and called Mr. MCHENRY. Mr. Speaker, I yield important that we have a real debate upon people of the United States to dedicate myself such time as I may consume. about health care. themselves to the principles of democracy so Mr. Speaker, as I said in the two pre- I do appreciate my colleague saying that ‘‘government of the people, by the people, vious resolutions that have come forth earlier that we’re going to have a de- for the people shall not perish from the earth.’’ from the Oversight and Government bate. We have 72 hours to review the Lincoln’s words transcend the context of the Reform Committee, while I do support 1,990-page health care bill, which is Civil War and have served as an inspiration the legislation at hand and the motiva- good, and certainly we’re grateful, as a for visitors to the Lincoln Memorial, including tion behind it, I do think that Congress minority party, to have that time to the Reverend Martin Luther King Jr., who should be focusing instead on higher- review such a massive piece of legisla- chose the Memorial steps as the location to priority initiatives. tion. deliver his famous ‘‘I Have a Dream’’ speech. We’re facing record unemployment, But I also think it’s important that King started his speech by invoking Lincoln’s deficits that threaten to bankrupt the we have significant debate on this leg- Gettysburg Address and reminding those gath- country, and a stimulus that is failing islation. And rather than having just 2 ered before him of the importance of the to help our people and create new jobs. or 3 hours, which has been the news Emancipation Proclamation. Congress should be considering legisla- this week that we will have to debate King’s words remind us of the importance of tion providing real and immediate eco- such a far-reaching piece of legislation President Lincoln, as well as how his legacy nomic solutions for the American peo- on this House floor, that we would be cannot be embodied by any one speech or ac- ple before naming and commemorating able to spend more time, even on a tion. This resolution is particularly timely given resolutions. Monday, debating health care and the that, this year we celebrate the 200th anniver- I certainly appreciate the initiative importance of getting this approach sary of President Lincoln’s birth. President Lin- of my colleagues to acknowledge the right for the American people not just coln was a true champion of liberty for all Gettysburg Address and the anniver- for today but for tomorrow. Americans, and he led the nation during very sary that we are fast approaching. I do Mr. Speaker, I yield back the balance turbulent political times from the Civil War. find it quite interesting as a Congress- of my time. Abraham Lincoln was portrayed as a self- man from a Southern State that my Mr. LYNCH. Mr. Speaker, I want to made man, the liberator of the slaves, and the colleague that controls the majority’s point out that the current resolution is savior of the Union who had given his life so time is from a Northern State. It’s offered by my dear friend and colleague that others could be free. President Lincoln kind of interesting that actually those who happens to be a Republican; so if I became Father Abraham, a near mythological dynamics still persist of both South- did not extend him the courtesy, Mr. hero, ‘‘lawgiver’’ to African Americans, and a erners and Yankees alike, or New PLATTS of Pennsylvania, to offer this ‘‘Masterpiece of God’’ sent to save the Union. Englanders. But we can have an honest resolution, I think it would not com- His humor was presented as an example of debate in this country, which is cer- port to the level of courtesy that this his humanity; his numerous pardons dem- tainly worthwhile, and I think that House requires. onstrated his ‘‘great soul’’; and his sorrowful

VerDate Nov 24 2008 02:47 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K02NO7.062 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12177 demeanor reflected the burdens of his lonely Because he was committed to preserving Chair’s prior announcement, further journey as the leader of a ‘‘blundering and sin- the Union and thus vindicating democracy no proceedings on this motion will be ful’’ people. matter what the consequences to himself, the postponed. Abraham Lincoln was born on February 12, Union was indeed saved. Because he under- The point of no quorum is considered 1809, to Thomas Lincoln and Nancy Hanks, stood that ending slavery required patience, withdrawn. two uneducated farmers, in a one-room log careful timing, shrewd calculations, and an cabin on the 348-acre Sinking Spring Farm, in iron resolve, slavery was indeed killed. Lincoln f southeast Hardin County, Kentucky. Lincoln managed in the process of saving the Union began his political career in 1832, at age 23, and killing slavery to define the creation of a RECESS with an unsuccessful campaign for the Illinois more perfect Union in terms of liberty and eco- The SPEAKER pro tempore. Pursu- General Assembly, as a member of the Whig nomic equality that rallied the citizenry behind ant to clause 12(a) of rule I, the Chair Party. him. Because he understood that victory in declares the House in recess until ap- Lincoln was a true opponent of injustice. In both great causes depended upon purposeful proximately 6:30 p.m. today. 1837, he made his first protest against slavery and visionary presidential leadership as well Accordingly (at 4 o’clock and 58 min- in the Illinois House, stating that the institution as the exercise of politically acceptable utes p.m.), the House stood in recess was ‘‘founded on both injustice and bad policy. means, he left as his legacy a United States until approximately 6:30 p.m. Opposed to the 1854 Kansas-Nebraska Act, that was both whole and free. His great Lincoln spoke to a crowd in Peoria, Illinois, on achievement, historians tell us, was his ability f October 16, 1854, outlining the moral, political to energize and mobilize the nation by appeal- and economic arguments against slavery that ing to its best ideals while acting ‘‘with malice b 1830 he would continue to uphold throughout his towards none’’ in the pursuit of a more perfect, career. more just, and more enduring Union. His ‘‘Western’’ origins also appealed to the AFTER RECESS Mr. Speaker, President Lincoln has paved newer states: other contenders, especially The recess having expired, the House the way for people of color such as me to those with more governmental experience, was called to order by the Speaker pro serve in Congress and represent the people of had acquired enemies within the party and tempore (Mr. HEINRICH) at 6 o’clock the 18th District of Texas proudly. He has were weak in the critical western states, while and 30 minutes p.m. Lincoln was perceived as a moderate who been a trailblazer, opening the door for our could win the West. first African American President, President f On November 6, 1860, Lincoln was elected Barack Obama. as the 16th President of the United States. In This year, we celebrate the life of President ANNOUNCEMENT BY THE SPEAKER his First Inaugural Address, Lincoln declared, Abraham Lincoln. He has given America many PRO TEMPORE ‘‘I hold that in contemplation of universal law victories. Importantly, his presidency opened the door to ensure that all Americans would The SPEAKER pro tempore. Pursu- and of the Constitution the Union of these ant to clause 8 of rule XX, proceedings States is perpetual. Perpetuity is implied, if not be assured their constitutional freedoms and that all Americans would enjoy the triumph will resume on motions to suspend the expressed, in the fundamental law of all na- rules previously postponed. tional governments,’’ arguing further that the against oppression and injustice. President Lincoln has lit the candle, let us today con- Votes will be taken in the following purpose of the United States Constitution was order: ‘‘to form a more perfect union.’’ tinue to carry it and make sure that it will never go out. H.R. 1168, by the yeas and nays; Lincoln possessed a keen understanding of House Resolution 291, by the yeas and strategic points and understood the impor- One hundred and forty six years after the nays; tance of defeating the enemy’s army, rather Gettysburg Address, Lincoln’s words continue Senate 509, by the yeas and nays. than simply capturing cities. He had, however, to inspire people and governments not only in Proceedings on remaining postponed limited success in motivating his commanders America, but throughout the world. In 1958, questions will resume later in the to adopt his strategies until late 1863, when France adopted the constitution of its’ fifth— week. he found a man who shared his vision of the and current—republic. Under Title 1, Section The first electronic vote will be con- war in Ulysses S. Grant. Only then could he 2, the constitution states that ‘‘the principle of ducted as a 15-minute vote. Remaining insist on using African American troops and the Republic shall be: government of the peo- electronic votes will be conducted as 5- relentlessly pursue a series of coordinated ple, by the people and for the people.’’ This is minute votes. offensives in multiple theaters. one of many examples of other nations view- Throughout the war, Lincoln showed a keen ing our great country as a beacon of democ- f curiosity with the military campaigns. He spent racy. hours at the War Department telegraph office, I thank my colleague, Rep. TODD PLATTS, of VETERANS RETRAINING ACT OF reading dispatches from his generals. He vis- Pennsylvania, for introducing this important 2009 ited battle sites frequently, and seemed fas- legislation, to ensure that we celebrate, treas- cinated by scenes of war. ure and recognize the impact of President The SPEAKER pro tempore. The un- The Emancipation Proclamation freed Abraham Lincoln’s most famous speech and I finished business is the vote on the mo- slaves in territories not already under Union urge my colleagues to honor President Lincoln tion to suspend the rules and pass the control. Lincoln later said: ‘‘I never, in my life, not only by joining me in supporting this reso- bill, H.R. 1168, as amended, on which felt more certain that I was doing right, than I lution, but also by promoting the reading and the yeas and nays were ordered. do in signing this paper.’’ examining of this speech on November 19th. The Clerk read the title of the bill. As the war was drawing to a close, Lincoln Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The became the first American president to be as- of my time. question is on the motion offered by sassinated. On April 14, 1865, as a lone body- The SPEAKER pro tempore. The the gentleman from Minnesota (Mr. guard wandered, and Lincoln sat in his state question is on the motion offered by WALZ) that the House suspend the rules box, John Wilkes Booth crept up behind the the gentleman from Massachusetts and pass the bill, H.R. 1168, as amend- President and fired a single fatal shot into the (Mr. LYNCH) that the House suspend ed. President. However, his triumphs live on far the rules and agree to the resolution, The vote was taken by electronic de- past this date. H. Res. 736. vice, and there were—yeas 356, nays 0, In 1982, forty-nine historians and political The question was taken. not voting 76, as follows: scientists were asked by the Chicago Tribune The SPEAKER pro tempore. In the [Roll No. 832] to rate all the Presidents through Jimmy opinion of the Chair, two-thirds being YEAS—356 Carter in five categories: leadership qualities, in the affirmative, the ayes have it. Aderholt Baca Bean accomplishments/crisis management, political Mr. LYNCH. Mr. Speaker, I object to Adler (NJ) Bachmann Berkley skills, appointments, and character/integrity. At the vote on the ground that a quorum Akin Bachus Berman the top of the list stood Abraham Lincoln. The is not present and make the point of Alexander Baird Berry judgment of historians and the public tells us order that a quorum is not present. Altmire Baldwin Biggert Andrews Barrow Bilbray that Abraham Lincoln was the nation’s great- The SPEAKER pro tempore. Pursu- Arcuri Bartlett Bilirakis est President by every measure applied. ant to clause 8 of rule XX and the Austria Barton (TX) Bishop (GA)

VerDate Nov 24 2008 02:47 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.034 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12178 CONGRESSIONAL RECORD — HOUSE November 2, 2009 Bishop (NY) Gohmert McIntyre Smith (TX) Tonko Welch Calvert Hodes Napolitano Bishop (UT) Gonzalez McKeon Snyder Towns Westmoreland Camp Holt Neugebauer Blackburn Goodlatte McMahon Space Tsongas Whitfield Campbell Honda Nye Blunt Graves McNerney Speier Turner Wilson (OH) Cantor Hoyer Oberstar Boccieri Grayson Meek (FL) Stearns Upton Wilson (SC) Cao Hunter Obey Boehner Green, Al Melancon Sullivan Van Hollen Wittman Capito Inglis Olson Bono Mack Green, Gene Mica Sutton Visclosky Wolf Capps Inslee Olver Boozman Griffith Michaud Tanner Walden Woolsey Cardoza Israel Ortiz Terry Walz Boswell Guthrie Miller (FL) Wu Carnahan Issa Pastor (AZ) Thompson (MS) Wasserman Boucher Hall (TX) Miller (MI) Yarmuth Carson (IN) Jackson (IL) Paul Boustany Halvorson Miller (NC) Thompson (PA) Schultz Young (AK) Carter Jackson-Lee Paulsen Boyd Hare Miller, Gary Thornberry Watson Castle (TX) Pence Young (FL) Braley (IA) Harman Miller, George Tierney Watt Castor (FL) Jenkins Perlmutter Bright Harper Minnick Titus Waxman Chaffetz Johnson (GA) Perriello Brown (SC) Hastings (FL) Mitchell NOT VOTING—76 Chandler Johnson, E. B. Peters Brown-Waite, Heinrich Mollohan Childers Johnson, Sam Peterson Ginny Heller Moore (KS) Abercrombie Grijalva Payne Chu Jones Petri Buchanan Hensarling Moore (WI) Ackerman Gutierrez Poe (TX) Clay Jordan (OH) Pingree (ME) Burgess Herger Moran (KS) Barrett (SC) Hall (NY) Rush Cleaver Kagen Pitts Burton (IN) Herseth Sandlin Moran (VA) Becerra Hastings (WA) Ryan (OH) Clyburn Kaptur Platts Butterfield Higgins Murphy (CT) Blumenauer Himes Salazar Coble Kennedy Polis (CO) Buyer Hill Murphy (NY) Bonner Hinchey Sarbanes Coffman (CO) Kildee Pomeroy Calvert Hinojosa Murphy, Tim Boren Hoekstra Schock Cohen Kilpatrick (MI) Posey Camp Hirono Murtha Brady (PA) Holden Shimkus Cole Kilroy Price (GA) Campbell Hodes Myrick Brady (TX) Johnson (IL) Shuster Conaway King (IA) Price (NC) Cantor Holt Nadler (NY) Broun (GA) Kind Sires Connolly (VA) Kingston Putnam Brown, Corrine King (NY) Cao Honda Napolitano Smith (WA) Cooper Kirk Quigley Capuano Lamborn Capito Hoyer Neugebauer Souder Costa Kirkpatrick (AZ) Radanovich Carney Linder Capps Hunter Nye Spratt Costello Kissell Rahall Clarke Lipinski Cardoza Inglis Oberstar Stark Courtney Klein (FL) Rehberg Carnahan Inslee Obey Conyers Lucas Crowley Kline (MN) Reichert Crenshaw Maloney Stupak Carson (IN) Israel Olson Taylor Cuellar Kosmas Reyes Carter Issa Ortiz Davis (AL) McCaul Culberson Kratovil Richardson Davis (IL) McMorris Teague Cassidy Jackson (IL) Pastor (AZ) Thompson (CA) Cummings Kucinich Rodriguez Castle Jackson-Lee Paul Davis (TN) Rodgers Dahlkemper Lance Roe (TN) Tiahrt Castor (FL) (TX) Paulsen Deal (GA) Meeks (NY) Davis (CA) Langevin Rogers (AL) Tiberi Chaffetz Jenkins Pence DeFazio Murphy, Patrick Davis (KY) Larsen (WA) Rogers (KY) Vela´ zquez Chandler Johnson (GA) Perlmutter Doyle Neal (MA) DeGette Larson (CT) Rogers (MI) Wamp Childers Johnson, E. B. Perriello Gerlach Nunes Delahunt Latham Rohrabacher Waters Chu Johnson, Sam Peters Gingrey (GA) Olver DeLauro LaTourette Rooney Weiner Clay Jones Peterson Gordon (TN) Pallone Dent Latta Ros-Lehtinen Granger Pascrell Wexler Cleaver Jordan (OH) Petri Diaz-Balart, L. Lee (CA) Roskam Clyburn Kagen Pingree (ME) Diaz-Balart, M. Lee (NY) Ross Coble Kanjorski Pitts b 1901 Dicks Levin Rothman (NJ) Coffman (CO) Kaptur Platts So (two-thirds being in the affirma- Dingell Lewis (CA) Roybal-Allard Cohen Kennedy Polis (CO) Doggett Lewis (GA) Royce Cole Kildee Pomeroy tive) the rules were suspended and the Donnelly (IN) LoBiondo Ruppersberger Conaway Kilpatrick (MI) Posey bill, as amended, was passed. Dreier Loebsack Ryan (WI) Connolly (VA) Kilroy Price (GA) The result of the vote was announced Driehaus Lofgren, Zoe Sa´ nchez, Linda Cooper King (IA) Price (NC) as above recorded. Duncan Lowey T. Costa Kingston Putnam Edwards (MD) Luetkemeyer Sanchez, Loretta Costello Kirk Quigley A motion to reconsider was laid on Edwards (TX) Luja´ n Scalise Courtney Kirkpatrick (AZ) Radanovich the table. Ehlers Lummis Schakowsky Crowley Kissell Rahall Ellison Lungren, Daniel Schauer Cuellar Klein (FL) Rangel f Emerson E. Schiff Culberson Kline (MN) Rehberg Engel Lynch Schmidt Cummings Kosmas Reichert RECOGNIZING THE CRUCIAL ROLE Eshoo Mack Schrader Dahlkemper Kratovil Reyes OF ASSISTANCE DOGS IN HELP- Etheridge Maffei Schwartz Davis (CA) Kucinich Richardson Fallin Manzullo Scott (GA) Davis (KY) Lance Rodriguez ING WOUNDED VETERANS Farr Marchant Scott (VA) DeGette Langevin Roe (TN) The SPEAKER pro tempore. The un- Fattah Markey (CO) Sensenbrenner Delahunt Larsen (WA) Rogers (AL) Filner Markey (MA) Serrano DeLauro Larson (CT) Rogers (KY) finished business is the vote on the mo- Flake Marshall Sessions Dent Latham Rogers (MI) tion to suspend the rules and agree to Fleming Massa Sestak Diaz-Balart, L. LaTourette Rohrabacher the resolution, H. Res. 291, on which Forbes Matheson Shadegg Diaz-Balart, M. Latta Rooney Fortenberry Matsui Shea-Porter Dicks Lee (CA) Ros-Lehtinen the yeas and nays were ordered. Foster McCarthy (CA) Sherman Dingell Lee (NY) Roskam The Clerk read the title of the resolu- Foxx McCarthy (NY) Shuler Doggett Levin Ross tion. Frank (MA) McClintock Simpson Donnelly (IN) Lewis (CA) Rothman (NJ) The SPEAKER pro tempore. The Franks (AZ) McCollum Skelton Dreier Lewis (GA) Roybal-Allard Frelinghuysen McCotter Slaughter Driehaus LoBiondo Royce question is on the motion offered by Fudge McDermott Smith (NE) Duncan Loebsack Ruppersberger the gentleman from Minnesota (Mr. Gallegly McGovern Smith (NJ) Edwards (MD) Lofgren, Zoe Ryan (WI) WALZ) that the House suspend the rules Garrett (NJ) McHenry Smith (TX) Edwards (TX) Lowey Sa´ nchez, Linda Giffords McIntyre Snyder Ehlers Luetkemeyer T. and agree to the resolution, H. Res 291. Gohmert McKeon Space Ellison Luja´ n Sanchez, Loretta This will be a 5-minute vote. Gonzalez McMahon Speier Ellsworth Lummis Scalise The vote was taken by electronic de- Goodlatte McNerney Stearns Emerson Lungren, Daniel Schakowsky vice, and there were—yeas 351, nays 0, Graves Meek (FL) Sullivan Engel E. Schauer Grayson Melancon Sutton Eshoo Lynch Schiff not voting 81, as follows: Green, Al Mica Tanner Etheridge Mack Schmidt [Roll No. 833] Green, Gene Michaud Terry Fallin Maffei Schrader Griffith Miller (FL) Thompson (MS) Farr Manzullo Schwartz YEAS—351 Guthrie Miller (MI) Thompson (PA) Fattah Marchant Scott (GA) Aderholt Barton (TX) Bono Mack Hall (TX) Miller (NC) Thornberry Filner Markey (CO) Scott (VA) Adler (NJ) Bean Boozman Halvorson Miller, Gary Tierney Flake Markey (MA) Sensenbrenner Akin Berkley Boswell Hare Miller, George Titus Fleming Marshall Serrano Alexander Berman Boucher Harman Minnick Tonko Forbes Massa Sessions Altmire Berry Boustany Harper Mitchell Towns Fortenberry Matheson Sestak Andrews Biggert Boyd Hastings (FL) Mollohan Tsongas Foster Matsui Shadegg Arcuri Bilbray Braley (IA) Heinrich Moore (KS) Turner Foxx McCarthy (CA) Shea-Porter Austria Bilirakis Bright Heller Moore (WI) Upton Frank (MA) McCarthy (NY) Sherman Baca Bishop (GA) Brown (SC) Hensarling Moran (KS) Van Hollen Franks (AZ) McClintock Shuler Bachmann Bishop (NY) Brown-Waite, Herger Murphy (CT) Visclosky Frelinghuysen McCollum Simpson Bachus Bishop (UT) Ginny Herseth Sandlin Murphy (NY) Walden Fudge McCotter Skelton Baird Blackburn Burgess Higgins Murphy, Tim Walz Gallegly McDermott Slaughter Baldwin Blunt Burton (IN) Hill Murtha Wasserman Garrett (NJ) McGovern Smith (NE) Barrow Boccieri Butterfield Hinojosa Myrick Schultz Giffords McHenry Smith (NJ) Bartlett Boehner Buyer Hirono Nadler (NY) Watson

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.037 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12179 Watt Wilson (OH) Wu Burton (IN) Hill Murphy, Tim Walz Welch Wolf Waxman Wilson (SC) Yarmuth Butterfield Hinojosa Murtha Wasserman Westmoreland Woolsey Welch Wittman Young (AK) Buyer Hirono Myrick Schultz Whitfield Wu Westmoreland Wolf Young (FL) Calvert Hodes Nadler (NY) Watson Wilson (OH) Yarmuth Whitfield Woolsey Camp Holt Napolitano Watt Wilson (SC) Young (AK) Campbell Honda Neugebauer Waxman Wittman Young (FL) NOT VOTING—81 Cantor Hoyer Nye Abercrombie Granger Payne Cao Hunter Oberstar NOT VOTING—80 Ackerman Grijalva Poe (TX) Capito Inglis Obey Abercrombie Granger Pascrell Barrett (SC) Gutierrez Rangel Capps Inslee Olson Ackerman Grijalva Payne Becerra Hall (NY) Rush Cardoza Israel Olver Barrett (SC) Gutierrez Poe (TX) Blumenauer Hastings (WA) Ryan (OH) Carnahan Issa Ortiz Becerra Hall (NY) Radanovich Bonner Himes Salazar Carson (IN) Jackson (IL) Pastor (AZ) Bishop (UT) Hastings (FL) Rush Boren Hinchey Sarbanes Carter Jackson-Lee Paul Blumenauer Hastings (WA) Ryan (OH) Brady (PA) Hoekstra Schock Cassidy (TX) Paulsen Bonner Himes Salazar Brady (TX) Holden Boren Hinchey Sarbanes Shimkus Castle Jenkins Pence Broun (GA) Johnson (IL) Castor (FL) Johnson (GA) Perlmutter Brady (PA) Hoekstra Schock Shuster Brown, Corrine Kanjorski Chaffetz Johnson, E. B. Perriello Brady (TX) Holden Shimkus Sires Buchanan Kind Chandler Johnson, Sam Peters Broun (GA) Johnson (IL) Shuster Smith (WA) Capuano King (NY) Childers Jones Peterson Brown, Corrine Kind Sires Souder Carney Lamborn Chu Jordan (OH) Petri Capuano King (NY) Smith (WA) Cassidy Linder Spratt Clay Kagen Pingree (ME) Carney Lamborn Souder Clarke Lipinski Stark Cleaver Kanjorski Pitts Clarke Linder Spratt Conyers Lucas Stupak Clyburn Kaptur Platts Conyers Lipinski Stark Crenshaw Maloney Taylor Coble Kennedy Polis (CO) Crenshaw Lucas Stupak Davis (AL) McCaul Teague Coffman (CO) Kildee Pomeroy Davis (AL) Maloney Taylor Davis (IL) McMorris Thompson (CA) Cohen Kilpatrick (MI) Posey Davis (IL) McCaul Teague Davis (TN) Rodgers Tiahrt Cole Kilroy Price (GA) Davis (TN) McMorris Thompson (CA) Deal (GA) Meeks (NY) Tiberi Conaway King (IA) Price (NC) Deal (GA) Rodgers Tiahrt DeFazio Moran (VA) Vela´ zquez Connolly (VA) Kingston Putnam DeFazio Meeks (NY) Tiberi Doyle Murphy, Patrick Wamp Cooper Kirk Quigley Doyle Moran (VA) Vela´ zquez Ellsworth Neal (MA) Waters Costa Kirkpatrick (AZ) Rahall Flake Murphy, Patrick Wamp Gerlach Nunes Weiner Costello Kissell Rangel Gerlach Neal (MA) Waters Gingrey (GA) Gingrey (GA) Pallone Wexler Courtney Klein (FL) Rehberg Nunes Weiner Gordon (TN) Pascrell Crowley Kline (MN) Reichert Gordon (TN) Pallone Wexler ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cuellar Kosmas Reyes Culberson Kratovil Richardson b 1915 The SPEAKER pro tempore (during Cummings Kucinich Rodriguez So (two-thirds being in the affirma- the vote). There are 2 minutes remain- Dahlkemper Lance Roe (TN) tive) the rules were suspended and the ing in this vote. Davis (CA) Langevin Rogers (AL) Davis (KY) Larsen (WA) Rogers (KY) bill was passed. b 1908 DeGette Larson (CT) Rogers (MI) The result of the vote was announced Delahunt Latham Rohrabacher as above recorded. So (two-thirds being in the affirma- DeLauro LaTourette Rooney A motion to reconsider was laid on tive) the rules were suspended and the Dent Latta Ros-Lehtinen Diaz-Balart, L. Lee (CA) Roskam the table. resolution was agreed to. Diaz-Balart, M. Lee (NY) Ross The result of the vote was announced Dicks Levin Rothman (NJ) f as above recorded. Dingell Lewis (CA) Roybal-Allard PERSONAL EXPLANATION A motion to reconsider was laid on Doggett Lewis (GA) Royce Donnelly (IN) LoBiondo Ruppersberger Mr. CONYERS. Mr. Speaker, on November the table. Dreier Loebsack Ryan (WI) Stated for: Driehaus Lofgren, Zoe Sa´ nchez, Linda 2, 2009, I was unable to cast votes due to Mr. CASSIDY. Mr. Speaker, on rollcall No. Duncan Lowey T. personal reasons. I was not present for rollcall 833, I was unavoidably detained. Had I been Edwards (MD) Luetkemeyer Sanchez, Loretta votes 832 through 834. Had I been present, I Edwards (TX) Luja´ n Scalise would have cast a ‘‘yea’’ vote for final passage present, I would have voted ‘‘yea.’’ Ehlers Lummis Schakowsky Ellison Lungren, Daniel Schauer of H.R. 1168. I would have cast a ‘‘yea’’ vote f Ellsworth E. Schiff for final passage of H. Res. 291. Also, I would Emerson Lynch Schmidt DEPARTMENT OF VETERANS have cast a ‘‘yea’’ vote for the final passage Engel Mack Schrader of S. 509. AFFAIRS MEDICAL CENTER Eshoo Maffei Schwartz Etheridge Manzullo Scott (GA) f The SPEAKER pro tempore. The un- Fallin Marchant Scott (VA) finished business is the vote on the mo- Farr Markey (CO) Sensenbrenner CONGRATULATING NEVADA ON tion to suspend the rules and pass the Fattah Markey (MA) Serrano THE 145TH ANNIVERSARY OF ITS Filner Marshall Sessions bill, S. 509, on which the yeas and nays Fleming Massa Sestak STATEHOOD were ordered. Forbes Matheson Shadegg (Ms. TITUS asked and was given per- Fortenberry Matsui Shea-Porter The Clerk read the title of the bill. mission to address the House for 1 The SPEAKER pro tempore. The Foster McCarthy (CA) Sherman Foxx McCarthy (NY) Shuler minute and to revise and extend her re- question is on the motion offered by Frank (MA) McClintock Simpson marks.) the gentleman from Minnesota (Mr. Franks (AZ) McCollum Skelton Frelinghuysen McCotter Slaughter Ms. TITUS. Mr. Speaker, I rise today WALZ) that the House suspend the rules to congratulate Nevada on the 145th and pass the bill, S. 509. Fudge McDermott Smith (NE) Gallegly McGovern Smith (NJ) anniversary of its statehood. This will be a 5-minute vote. Garrett (NJ) McHenry Smith (TX) On October 31, 1864, President Abra- Giffords McIntyre Snyder The vote was taken by electronic de- ham Lincoln admitted Nevada into the vice, and there were—yeas 352, nays 0, Gohmert McKeon Space Gonzalez McMahon Speier Union as the 36th State, which is an not voting 80, as follows: Goodlatte McNerney Stearns anniversary that is celebrated today [Roll No. 834] Graves Meek (FL) Sullivan Grayson Melancon Sutton throughout the State as Nevada Day. YEAS—352 Green, Al Mica Tanner Over the past 145 years, Nevadans Aderholt Bartlett Boehner Green, Gene Michaud Terry have exemplified their State motto: Adler (NJ) Barton (TX) Bono Mack Griffith Miller (FL) Thompson (MS) ‘‘All for our country.’’ Their patriotism Akin Bean Boozman Guthrie Miller (MI) Thompson (PA) Alexander Berkley Boswell Hall (TX) Miller (NC) Thornberry and sense of duty have made critical Altmire Berman Boucher Halvorson Miller, Gary Tierney contributions to our Nation’s security Andrews Berry Boustany Hare Miller, George Titus in times of war and peace. During Arcuri Biggert Boyd Harman Minnick Tonko Austria Bilbray Braley (IA) Harper Mitchell Towns World War II and the Cold War, Basic Baca Bilirakis Bright Heinrich Mollohan Tsongas Magnesium Mines and the Nevada Test Bachmann Bishop (GA) Brown (SC) Heller Moore (KS) Turner Site played key roles in United States’ Bachus Bishop (NY) Brown-Waite, Hensarling Moore (WI) Upton victories. Baird Blackburn Ginny Herger Moran (KS) Van Hollen Baldwin Blunt Buchanan Herseth Sandlin Murphy (CT) Visclosky Today, Nevada is a premier destina- Barrow Boccieri Burgess Higgins Murphy (NY) Walden tion for tourists, business travelers,

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A02NO7.038 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12180 CONGRESSIONAL RECORD — HOUSE November 2, 2009 family vacationers, and outdoor enthu- American Recovery and Reinvestment years, and you’re more liberal than I siasts throughout the United States Act, an aggressive plan to jump-start am—I’m a conservative—but let me and around the globe. They are at- our economy and to create jobs. tell you that I had a heart attack last tracted by Nevada’s many unique fea- As we look back on the Recovery month. Do you know what it cost? It tures, including the fabulous Las Vegas Act’s first 8 months, its success in cost $100,000. He said, Y’all have got to Strip, the Hoover Dam and beautiful averting catastrophe is clear. We are pass something with this health care. outdoor settings ranging from vibrant not out of the woods yet, and much It’s just too expensive, and if I were in desert landscapes to grand ski slopes. more work remains to create good jobs a different situation, I might lose my Nevada exemplifies the independence, and to lower unemployment; but there health care and might not be able to opportunity and pioneering spirit of are positive signs that the recession is get it. the West. So I join my fellow Nevadans over and that the economic policies I had a Halloween party at a friend’s in celebrating our 145th anniversary. pursued by the Democrats are starting house. I’m 60, and my friends are with- f to work. in the margin of error. They’re about Just last week, the Obama adminis- the same age. Several of them had had THE ATHALIE RANGE CULTURAL tration made important announce- ARTS FOUNDATION cancer, and they talked about how ments to invest $3.4 billion into the they couldn’t get out of their health (Ms. ROS-LEHTINEN asked and was smart energy grid and into the first policies. The premiums were going up. given permission to address the House round of awards under the Advanced The deductibles were going up, and it for 1 minute and to revise and extend Research Projects Agency for Energy, was costing them more and more; and her remarks.) or the ARPA-E program. These an- they weren’t authorizing certain treat- Ms. ROS-LEHTINEN. Mr. Speaker, I nouncements by the administration ments that they needed. rise tonight to recognize the Athalie show that the Recovery Act is working, Range Cultural Arts Foundation and giving investors the confidence they They said, You need to pass that its upcoming annual Celebration of need to leverage private funds to create health care bill. It’s important. Life event honoring those who have new clean-energy jobs to put people I went to my local pharmacy, and a made significant contributions to the back to work and to revolutionize the lady came up to me, and she told me African American community. This way we power our economy and drive about what the cost of prescription year, Miami-Dade County Commis- American innovation. drugs was doing to her. I told her we sioner Audrey Edmonson, WHQT Gen- f were going to close the doughnut hole, eral Manager Jerry Rushin, and retired that we were going to help her with her PELOSI’S TAKEOVER IS BAD FOR Bacardi Heritage Foundation president prescription drug prices. Jose Bacardi will be honored. JOBS We need to get this country’s health The Athalie Range Cultural Arts (Mr. WILSON of South Carolina care policy where it doesn’t destroy the Foundation helps to encourage the ap- asked and was given permission to ad- financial condition of people’s lives. We preciation and the enrichment of arts, dress the House for 1 minute and to re- need to allow them to move on. especially of African American arts, in vise and extend his remarks.) south Florida. The foundation was Mr. WILSON of South Carolina. Mr. named after one of south Florida’s Speaker, the Pelosi takeover bill is f most dedicated and courageous resi- nearly 2,000 pages of regulations and dents. tax hikes that will strangle small busi- THANKING THE AIRMEN OF Athalie Range was a pioneer in our nesses across America. At the same BARKSDALE community, first as a civil rights ac- time we celebrate the new jobs being (Mr. FLEMING asked and was given tivist and later as a public official. As created by Boeing in South Carolina, permission to address the House for 1 the PTA president of Liberty City Ele- the Pelosi takeover will destroy jobs, minute.) mentary, she became a champion for and we must stop it. the students of Miami-Dade County. Senior citizens are under attack by Mr. FLEMING. Mr. Speaker, this She informed the school board about squeezing Medicare. The Pelosi take- past weekend, my district in northwest the deplorable conditions of Liberty over will impose $135 billion in taxes on Louisiana was hit with severe storms City schools, and she demanded better small businesses. In addition, this bill and tornadoes which left neighbor- resources for those schools. includes nearly $500 billion in other hoods tattered, families without Athalie became the first African taxes, including a surtax on small busi- homes, and thousands threatened by American to serve on the Miami City nesses. The Nation’s largest small busi- levees that were threatening to break. Commission, and she also became the ness association, the National Federa- On Friday night, Bossier Parish offi- first African American and the first tion of Independent Business, NFIB, re- cials had exhausted all options to save woman to head the Florida Department ports that this employer mandate will this levee when many citizens and es- of Community Affairs. Athalie Range negatively impact small businesses, pecially the airmen of Barksdale Air lived a life of humility that under- eliminating 1.6 million jobs. Force Base mobilized to protect this scored her deep commitment to civil I encourage Speaker PELOSI to scrap community. Colonel Steven Basham rights, justice and opportunity for all. her health care takeover and to work assembled 140 airmen; and through I commend the Athalie Range Cul- across the aisle with Republicans to their efforts, the levees were saved that tural Arts Foundation for continuing adopt elements of H.R. 3400 and to give night. in Athalie’s footsteps, for helping to small businesses the opportunity to Over the days that followed, over 400 support the arts and for enriching the pull together to receive competitive airmen worked around the clock to lives of all of south Florida residents. rates. protect the levees, the homes and the In conclusion, God bless our troops, f families that surrounded it. Enlisteds, and we will never forget September the ENERGY officers and even generals worked side 11th in the global war on terrorism. by side in an effort to make sure that (Mr. TONKO asked and was given f permission to address the House for 1 floodwaters did not destroy Bossier minute and to revise and extend his re- HEALTH CARE REFORM Parish. marks.) (Mr. COHEN asked and was given per- I want to extend my sincere grati- Mr. TONKO. Mr. Speaker, in Janu- mission to address the House for 1 tude for their dedication and work dur- ary, President Obama took office while minute.) ing this natural disaster; and I want to facing the worst economic crisis in Mr. COHEN. Mr. Speaker, this week- say that the efforts of these airmen generations. end, when I went home, I went to the prove, once again, why the United Faced with that tremendous chal- laundry. States military is the greatest assem- lenge, President Obama and the Demo- A gentleman came up to me and said, blage of outstanding men and women cratic Congress responded with the You know, we’ve been friends for 40 in the world.

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.071 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12181 VETERANS’ SMALL BUSINESS AS- THE PELOSI HEALTH CARE BILL important political, economic, and cul- SISTANCE AND SERVICEMEM- (Mr. BURTON of Indiana asked and tural aspects of the conflict. Yet Presi- BERS PROTECTION ACT OF 2009 was given permission to address the dent Obama is now being urged to dou- (Ms. JACKSON-LEE of Texas asked House for 1 minute and to revise and ble down on the military-only policy and was given permission to address extend his remarks.) that has failed us and send in another the House for 1 minute.) Mr. BURTON of Indiana. Mr. Speak- 40,000 troops. Ms. JACKSON-LEE of Texas. Mr. er, this is the Pelosi health care bill: If we go down that road, what can the Speaker, I rise to support H.R. 3949, 1,990 pages. Nobody in this place has American people expect? They can ex- which was on the floor of the House even come close to reading it. In addi- pect higher troop levels, higher cas- today. I was delayed in coming to tion to that, it costs $2.25 million per ualty rates, and many years of war Washington because I was meeting word. That’s per word. There are al- that can end up costing us over a tril- with my union members to talk about most 3,500 ‘‘shalls’’ in there, and a lion dollars. Even if we do all that, the jobs. Yet I am excited about this legis- ‘‘shall’’ is a mandate that Congress do odds will still be stacked against us. lation that Chairman FILNER has something. Nobody has read this thing. That’s not a strategy for success, Mr. brought to the floor, and I thank him It’s going to cost all this money. Speaker. I think we can do better. for his leadership, which involves pro- Members of Congress can exempt If we want to succeed in Afghanistan, tecting and providing for servicemem- themselves from being involved in the we must change the way we do business bers. There are currently 25 million public option. Every time you go to a there. Instead of fighting extremists veterans—1,630,000 in Texas with 34,000 town hall meeting, the American peo- after they have gotten a foothold, let’s veterans living in my community. ple say, Are you guys going to be in- invest our resources on what would I am very proud that he put into the cluded? Well, this bill says you don’t prevent violent extremism from taking bill my vision impairment bill, which have to be included if you’re a Member root in the first place. That includes will provide for scholarships to help of Congress because we’re more impor- economic development, jobs, recon- train those who can work with the vis- tant than the guy on the street. struction, education, health care, civil ually impaired service veterans, many You know, this is just a terrible, ter- affairs, and diplomacy. All would help of whom have suffered from the IED ex- rible bill; and the people of this coun- stabilize Afghanistan. plosions in Afghanistan and Iraq. try don’t want it passed. I’ve had five It would also protect parents who can town hall meetings, and the people Mr. Speaker, a serious commitment be buried with their children. It will overwhelmingly are opposed to this to a civilian surge of experts and aid keep servicemembers from being evict- thing. They want us to solve the prob- workers to help the Afghan people de- ed or from being foreclosed on when lems of health care. They want us to do velop their economy would make a they’re serving in Iraq and Afghani- it in a responsible way, but they cer- huge difference over there. We must stan. Then of course it will provide for tainly don’t want this thing, and this also develop a much better set of rig- small businesses of veterans preferred doesn’t even include the manager’s orous metrics to evaluate progress and to be on the list so that they can ob- amendment. This is a bad bill, and it report the results to the American peo- tain businesses or business opportuni- should be defeated. ple. Then we could develop an exit strategy. We could send the message ties in the United States Government. f This is very important for the up- that our involvement in Afghanistan is coming Veterans Day. We must cele- b 1930 not open-ended. brate our veterans, and I am very SPECIAL ORDERS It would also help to reassure the Af- grateful that my vision impaired bill is The SPEAKER pro tempore. Under ghan people that we have no intention in this bill, H.R. 3949. the Speaker’s announced policy of Jan- of occupying their land, because right f uary 6, 2009, and under a previous order now too many Afghan citizens see of the House, the following Members America as an occupying force. That, RECOGNIZING NOVEMBER AS will be recognized for 5 minutes each. more than anything else, Mr. Speaker, AMERICAN DIABETES MONTH is fueling anti-Americanism and the in- f (Mr. PAULSEN asked and was given surgency. We must also do everything permission to address the House for 1 OCTOBER HAS BEEN THE DEAD- we can to assure a credible central gov- minute and to revise and extend his re- LIEST MONTH FOR U.S. TROOPS ernment in Kabul to help with humani- marks.) IN AFGHANISTAN tarian and other efforts to improve the Mr. PAULSEN. Mr. Speaker, I rise The SPEAKER pro tempore. Under a lives of the Afghan people. These are tonight to call attention to November previous order of the House, the gentle- just some of the elements of smart se- as American Diabetes Month. woman from California (Ms. WOOLSEY) curity that we need to use in Afghani- Today, 24 million Americans have di- is recognized for 5 minutes. stan. abetes, and in this 1 minute that it Ms. WOOLSEY. Mr. Speaker, I stood I have offered a comprehensive strat- takes me to give this speech, three up in the House in late July and said egy for smart security in House Reso- more Americans will be diagnosed. The the following words, ‘‘Five American lution 363, because I firmly believe that rate of diabetes cases is definitely on soldiers have been killed in Afghani- it would be a blueprint for victory the rise, and it is becoming more se- stan this week. That brings the death against extremism in Afghanistan and vere. Based on our current trends, one toll in July to 31, making this the other parts of the world. Mr. Speaker, out of every three children will eventu- deadliest month for our troops since by shifting from military power only to ally suffer from diabetes. Unlike can- the conflict in Afghanistan began.’’ smart power, we can help Afghanistan cer, heart disease and strokes, the Tragically, Mr. Speaker, July didn’t to build a stable and functioning State. death rate due to complications from hold the record for long. It was quickly We can save the lives of our troops, and diabetes has actually increased. replaced by August as the deadliest we can go a long way toward defeating Diabetes not only exacts great per- month. Now, 55 of our troops have died the extremists who threaten America sonal harm; it imposes financial harm in October, making this the deadliest and the world. as well. Diabetes in the United States month yet. costs $174 billion annually, and the cost We can’t blame the troops for this, of f of caring for someone with diabetes ac- course. They continue to fight with counts for $1 out of every $5 in total tremendous skill and with bravery. The SPEAKER pro tempore. Under a health care costs. They do everything our Nation asks of previous order of the House, the gen- Changing this trend begins with rais- them. tleman from North Carolina (Mr. ing awareness about diabetes. So, Mr. So what’s to blame? It’s our strategy. JONES) is recognized for 5 minutes. Speaker, let’s all commit to doing It’s a strategy which has relied almost (Mr. JONES addressed the House. His more to educate Americans on the seri- exclusively on military action for over remarks will appear hereafter in the ousness of this disease. 8 years while ignoring the critically Extensions of Remarks.)

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.072 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12182 CONGRESSIONAL RECORD — HOUSE November 2, 2009 HEALTH CARE There is a new payroll tax, and the Nation, and they deserve the best The SPEAKER pro tempore. Under a Pelosi bill creates a new voluntary treatment upon returning home. previous order of the House, the gen- payroll tax to fund new long-term care Whether it is through education, em- tleman from Indiana (Mr. BURTON) is programs requiring mandatory spend- ployment, or health care, no veteran recognized for 5 minutes. ing, also known as a new entitlement. should fall through the cracks. Mr. BURTON of Indiana. Mr. Speak- Abortions are authorized in a break The Sentinels of Freedom, an organi- er, continuing on from my 1-minute I from the Hyde amendment and other zation based in San Ramon and gave earlier, this bill, the Pelosi bill, longstanding pro-life policies. The bill Danville, California, provides opportu- the Pelosi health care bill that the includes the Capps amendment to au- nities to veterans returning from Iraq Democrats are embracing is almost thorize government funding of abor- and Afghanistan and has demonstrated 2,000 pages long. It’s going to cost $2.25 tions through the public option. It also a commitment to America’s heroes million for each word, and that does establishes an accounting gimmick to that we should all emulate. The Senti- not include the manager’s amendment, justify subsidizing private plans that nels of Freedom Scholarship Founda- which we have not yet seen. I imagine cover abortion. tion awards 4-year scholarships to se- it’s going to come down probably some- Next, Members of Congress, as I said, verely injured veterans who began time tomorrow. are exempt. They say that they may— their service on or after September 11, As I said before, Members of Congress not have to—enroll in the public op- 2001. don’t have to enroll in this public op- tion. At the same time it says ‘‘may’’ The program provides veterans with tion which is in the bill. I hope every- in there, there are 3,425 times in the community support and mentoring, body in America, if they happen to be bill it says you must, shall do some- help with job placement, financial as- paying attention—I know I can’t talk thing, and ‘‘shall’’ means it’s a manda- sistance for rent or mortgages, and to them, but if I were talking to them tory. There are mandatory things in continuing educational opportunities. I would say, Hey, ask your Congress- here to the tune of 3,425 times. The Sentinels of Freedom has helped Doctors reimbursement levels are up man why he is voting for a bill that’s dozens of veterans in States across the in the air. They’ve got those budget going to exempt him and make sure he country, including California, Texas, gimmicks that I talked about, which can join a private health care insur- Colorado, and Wisconsin. removes the doctor fix, the medical ance plan when there is a public option Many military personnel fighting in doctor fix of 250 billion, which takes in here that he should be joining just Operation Iraqi Freedom and Operation this up to between $1.2 and $1.3 trillion. Enduring Freedom are returning home like everybody else has to. It reduces affordability credits and with serious injuries that hamper their This bill is not going to cost under a instead expands Medicaid. The States transition from military to civilian trillion dollars as the Speaker has said. are going to love that. They are going life. It’s critical that we have programs If you put the doc fix in there, it’s to shovel a lot of this onto the States in place that will help these veterans going to cost another $250 billion. So who are already suffering, and they are we are looking at something between going to have to raise taxes. receive a quality education, secure a 1.2 and 1.3 trillion at a time when we The Pelosi bill reduces the size of af- job, stay in their home, and lead a ful- are suffering economically in this fordability credits for patients to pur- filling life. I have seen firsthand the country. Unemployment is close to 10 chase the insurance in the exchange exceptional work and dedication of the percent. The deficit this year, the def- and, instead, expands eligibility for Sentinels of Freedom and the way this icit this year is already 1.4 trillion, al- Medicaid to up to 150 percent of the organization helps to improve the lives most three times just what it was last Federal poverty level, placing more of veterans. This group is a true leader year, and we are going to add this new Americans on entitlement programs at in the community and deserves our bill, which is going to cost another 1.2 a cost to both the Federal and the highest respect. to 1.3 trillion dollars. State governments. I want to thank my colleagues for The American people simply don’t As I said most States are in the red, helping me to recognize and honor the want it. Let’s go into some of the other and they are not going to like this. Ask outstanding work the Sentinels of things that are in the bill, the Pelosi any Governor; he will tell you. Freedom have performed on behalf of health care bill. This also significantly changes the our Nation’s veterans. First of all, there is a surtax on small Medicare part D prescription drug pro- f business people. Now, at a time when gram. The Pelosi bill requires the Sec- we have unemployment that’s almost WOMEN’S INFLUENCE IN HEALTH retary of HHS to negotiate drug prices CARE 10 percent, this is going to drive addi- for the prescription drug program. tional jobs out of the country offshore There are also several provisions in the The SPEAKER pro tempore. Under a or they are going to have to cut back bill that will likely increase seniors’ previous order of the House, the gentle- some of these businesses that stay here premiums as identified by CBO, includ- woman from Florida (Ms. ROS- in America and let people go, which ing the bill that would force seniors, LEHTINEN) is recognized for 5 minutes. Ms. ROS-LEHTINEN. Mr. Speaker, in means there will be more unemploy- force seniors, to pay at least an addi- many households, women are the main ment. There is an employer mandate tional 20 percent more for their Medi- link between our family members and that’s still applied to small businesses. care prescription drug coverage. That’s the health care that they receive. Small businesses that have a payroll as part D. low as $ $500,000 a year are going to be These things the American people Women make the majority of health hit with a tax. need to know. This is not a good bill. care decisions for their families. As the There is a new medical device tax. In There is a better way, a better way. mother of two young adults and a new Indiana, we have some companies that grandmother, I know the many respon- f make medical devices to help people, sibilities placed on women with chil- prosthetic devices, wheelchairs and HONORING SENTINELS OF dren. From the time children are born things like that. There’s a new medical FREEDOM to far beyond when they reach adult- tax that’s going to be levied on these The SPEAKER pro tempore. Under a hood, a mother’s care and advice are kinds of devices of 2.5 percent, and previous order of the House, the gen- never far away. If we are fortunate, that’s going to be passed on to people tleman from California (Mr. eventually we will be the grown chil- who are suffering from medical prob- MCNERNEY) is recognized for 5 minutes. dren of elderly parents. lems that need these medical devices. Mr. MCNERNEY. Mr. Speaker, I rise In my family, my mother suffers We call that a wheelchair tax that’s in today in support of H. Res. 461, a reso- from Alzheimer’s, among many other this bill. lution honoring the Sentinels of Free- age-related problems. I know the re- There’s going to be new taxes on dom, which passed this afternoon by a sponsibility of caring for our elders. health savings accounts. The Pelosi unanimous vote when I was coming My day would not be complete without bill eliminates the nontaxable reim- here this afternoon on the airplane. at least making sure that I, along with bursements of over-the-counter medi- Our Nation’s veterans made tremen- my husband, children, and parents, cation from HSAs, HRAs, and FSAs. dous sacrifices in defending our great have and take all of our prescriptions

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.076 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12183 and make it to our doctors’ appoint- tleman from Oregon (Mr. DEFAZIO) is form, there is a big divide in this ments on time. It is no wonder that recognized for 5 minutes. House. We have many to the left that women are the majority of health care (Mr. DEFAZIO addressed the House. are saying they want a government- workers in the United States. We are His remarks will appear hereafter in centered plan, and then we have many well prepared for this task. the Extensions of Remarks.) of us who are on the right who are say- b 1945 f ing we want it to be patient-centered. We want the focus to stay with pa- Every American deserves access to The SPEAKER pro tempore. Under a tients, with families, and let’s not have health care insurance. This is our goal, previous order of the House, the gen- tleman from Kansas (Mr. MORAN) is a bureaucrat in the room. and it must be the goal of our Con- We know that women are indeed gress. The goal must not be a bill that recognized for 5 minutes. watching. They have seen what the costs $1 trillion. The goal must not be (Mr. MORAN of Kansas addressed the Democrats have to offer, and they are a bill written behind closed doors. The House. His remarks will appear here- unimpressed. They are not impressed goal must not be a bill that increases after in the Extensions of Remarks.) with this. They know that it limits and taxes on our families and all of our f small businesses. The goal must not be restricts their options. The SPEAKER pro tempore. Under a Women are the drivers in the health a bill that passes huge debts on to our previous order of the House, the gen- care marketplace, and I think Amer- children and grandchildren. tleman from Texas (Mr. POE) is recog- Women deserve better. Every Amer- ican women are going to be the drivers nized for 5 minutes. ican deserves better. They deserve in the decisions that are made as we (Mr. POE of Texas addressed the health care treatment, and every look at how we reform health care, be- House. His remarks will appear here- American deserves both health care cause indeed it should be patient-cen- treatment and efficiency at an afford- after in the Extensions of Remarks.) tered, with families and individuals able cost. But as America’s mothers f having control of those health care de- will tell you, Congress should be uti- The SPEAKER pro tempore. Under a cisions. We don’t want Washington and lizing what works in our health care previous order of the House, the gentle- a layer of bureaucracy making those system and fixing what does not. Moth- woman from North Carolina (Ms. FOXX) decisions. ers are masters at finding common- is recognized for 5 minutes. A couple of weeks ago, I saw a story sense and practical solutions. (Ms. FOXX addressed the House. Her in Politico, and it said the Democrats What we currently see is a health remarks will appear hereafter in the needed to do a better job in messaging care system burdened by excesses and Extensions of Remarks.) and trying to get their message out to women. I wrote a response to that, be- inefficient bureaucracy. What we see is f our children denied coverage because of cause I felt like, you know, they have The SPEAKER pro tempore. Under a a preexisting condition. What we see is gotten that message out. Women did previous order of the House, the gen- parents changing jobs, causing our not like what they were seeing. tleman from North Carolina (Mr. families to lose our doctors. What we So I am very appreciative that CATHY MCHENRY) is recognized for 5 minutes. see is women and our parents being MCMORRIS RODGERS, who is vice chair (Mr. MCHENRY addressed the House. charged more for insurance premiums of our caucus, and MICHELE BACHMANN His remarks will appear hereafter in because of their gender or because of from Minnesota have taken the lead for their age. the Extensions of Remarks.) the Republican women tonight in es- What we don’t see is how a govern- f tablishing this Special Order time. We know that we have better bills, and ment takeover of our health care is HEALTH CARE FOR WOMEN IN they will put women more in charge of going to provide for our families’ AMERICA needs. What we don’t see is how a bu- health care decisions and bring down reaucratic takeover of our health care The SPEAKER pro tempore. Under the cost, because just like too much of will bring down the cost of health care the Speaker’s announced policy of Jan- the family budget gets spent on taxes, procedures or health care insurance. uary 6, 2009, the gentlewoman from too much of it gets spent on health What we don’t see is how the Pelosi $1 Tennessee (Mrs. BLACKBURN) is recog- care. trillion bill helps us more than it hurts nized for 60 minutes as the designee of We need something to bring the costs us. the minority leader. down. Even the CBO says the Democrat Every American family deserves af- Mrs. BLACKBURN. Mr. Speaker, I bill is going to drive the cost up. It is fordable health care and affordable am so thrilled to be here tonight to going to drive the cost of health care health insurance. To use a mother’s talk about health care for women in up, it is going to drive the cost of saying, let’s not go throwing out the America. Throughout this evening, you health insurance up, and we know also baby with the bath water. Simple, com- are going to see colleagues of mine join it is going to restrict access. We know monsense, cost-effective reform is how me on the floor as we talk about wom- that women want to have a say in this, we can include all families in our en’s health care, to talk about the al- and they don’t want a bill that is going health insurance market. We can and ternatives that we as Republicans to end up hurting them and hurting we must accomplish health care reform have; how we would answer these ques- their alternatives at the end of the without ruining the current health tions that women and families have; day. So making certain that we have a care coverage that is enjoyed by the how they would make the decisions; plan that works for women is impor- majority of families. and some of the great ideas that we tant. Women across the United States would bring forward. Now, we know that in Speaker want to protect their family’s coverage You know, I think there is something PELOSI’s bill the Democrats outline while ensuring that every other mother that has become very evident to us how much the government will pay for out there has the same access that she over the last few weeks; women make certain procedures. A doctor who wants does. The Pelosi bill is not the answer. most of the health care decisions in to do business with the government We can do better. We must do better. their families. Indeed, we have surveys will have to accept that rate, and if f that show that women are making as you are an insurance company, why The SPEAKER pro tempore. Under a many as 85–90 percent of all health care would you offer any more money than previous order of the House, the gen- decisions for their families, for their the going rate established by the gov- tleman from South Carolina (Mr. ING- children, for their grandchildren many ernment? LIS) is recognized for 5 minutes. times, and for elderly parents. The Well, we also know from what we (Mr. INGLIS addressed the House. Sandwich Generation is really jumping have seen, from public option health His remarks will appear hereafter in in and making these decisions. They care and the test case that took place the Extensions of Remarks.) are watching so closely the alter- in my State of Tennessee, that this f natives for health reform. doesn’t always work. What you see is, The SPEAKER pro tempore. Under a Of course, while we all agree that when you have a public option plan in previous order of the House, the gen- there is indeed a need for health re- competition with private insurance,

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.077 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12184 CONGRESSIONAL RECORD — HOUSE November 2, 2009 the cost goes up, restriction to access it. I have a child who has a chronic on to my Web site, takes place. condition, or my spouse has a chronic blackburn.house.gov and pull down the With Tenncare, the test case for pub- condition, and, because of that, I would legislation and follow along through it lic option health care that took place have to deal with the preexisting con- as we go through it, we certainly would in our State, we saw the costs quad- dition issue if I were to change insur- appreciate you doing so. As I said, we ruple within a few years’ period of ance, if I were to change jobs. So ad- feel the legislation is going to be very time. We know that that hurt certain dressing those portability issues is tre- unfair to seniors. They’re talking procedures and access to certain proce- mendously important. about making cuts to the tune of $500 dures, like cardiology, and we are very Now, there is another component in billion in Medicare, basically doing concerned about the restrictions to this, liability reform. We all hear it. away with Medicare Advantage. Then cardiology that are in the bill that the We hear it regularly. We hear from our look what’s happening with this, cut- Speaker has brought forward. physicians. We hear from our neigh- ting Medicare by 2017. We all know the Mammography, we are very con- bors. We hear from individuals who Medicare trust fund is going to be run- cerned about what would happen to say, you know, the practice of defen- ning out of money. But what we’re see- mammography and the ability to have sive medicine, having to make certain, ing from the Democrat leadership of those imaging tests and procedures having to make certain that you have this House is a failure to recognize that that are needed and are necessary. The a physician who is getting a validating Medicare is a trust fund. Medicare is Speaker’s bill does we think end up opinion, who sent you to someone else not a slush fund. And we want to make hurting women in a couple of specific for a second opinion, who sent you to certain that we protect our seniors as areas that I have just pointed out, someone else—defensive medicine we work through this bill. breast cancer health and cardiology, drives the cost up. I am so pleased that we have women and we know that there is a better way Some of the physicians who are Mem- who are joining us on the floor tonight. to do this. bers of the House have told us that At this time, I yield to the gentlelady Let me touch on three bills that Re- fully they believe that this drives up from West Virginia, SHELLEY MOORE publicans have that I think give the the cost of medicine repeatedly to the CAPITO, for her comments on health ideas that women are looking for. They tune of tens of billions of dollars every care. bring forward great ideas that are pa- single year—every single year. So it in- Mrs. CAPITO. Thank you. I would tient-centered, that are focused on in- creases that cost. And it is also a in- like to thank the gentlewoman from dividuals, focused on reducing costs, convenience to our seniors. Tennessee. She has been an advocate increasing access, and making certain I had a constituent call me the other for health care but also commonsense that more individuals have the ability day and she said, Marsha, I just want health care. I think that’s what we’re to access the health care that they to tell you what has happened to me as facing here today. We’re looking at a need. we have been going through this situa- bill that Speaker PELOSI has put before One of those is H.R. 3218. It is by Rep- tion. She has a chronic condition. They this body. We’ve already heard that it’s resentative JOHN SHADEGG. It would were just beginning to address it. She 1,990 pages. I heard it weighs 20 pounds. allow small businesses, churches, alum- went to her primary care physician, It just defies logic that anybody can ni associations and other small institu- who ran a test and said, I think you honestly say that they know each and tions to pool together, to come to- need to see a specialist, and referred every thing that is in this bill. For gether just like you do when you join her. She went to him. He ran the test those of you who know Washington, those associations, come together with again, the same test, the same facility, who know what can happen, I think that membership and then be able to ordered by a different doctor. He got that would raise some serious ques- look forward and say, all right, we are the results back, and he said, I think tions—it certainly does in my mind— going to offer a health insurance plan. you need to go and visit with Dr. So- but in your mind as to what are in the It also would allow for those insurance and-so, so that you can get a second far reaches of this bill. plans to be implemented across State opinion on this. I would like to talk a little bit about lines. That is a pretty good idea, and She goes back. She sees the new phy- women and health care because being a that is a way, by pooling together sician. He runs the test again. Then she Member of Congress, a woman Member small businesses and individuals, pool- goes back to him. That is three times. of Congress, we have certain duties, ing together, then what you do is to And then the insurance wanted her to but we have so many other duties, like lower that cost. go for a fourth test. As she said, it was women across this country, that when Now, there is also H.R. 3713, and this the same test run four different times. we come into Washington, like many of is by Representative MIKE ROGERS out And her question was very simple. She us did today, we still have a little bit of Michigan. He is a member of the En- said, Why don’t they run the test once? of our hearts or a lot of our hearts at ergy and Commerce Committee with Run it once and read it four different home with our families, with our chil- us. He has taken an interest in and a times, rather than having me have to dren, with our husbands, with our par- leadership role in this issue. get my daughter to take off work, ents, with our siblings because we’re What he has done is to look at the which is a half a day for her to go to the nurturers. We’re the ones who, as things that the President has said he the test and then return home. women, oversee the health care in the wanted to accomplish, things that we family. We’re the ones who, when the all agree need to be done: Insurance b 2000 babies are little and they’re coughing market reforms, making certain that It’s expensive. It is invasive. It is in- at night, put our ears to their chests to we have affordable insurance, access to convenient. It is something that Con- see if they’re having some respiratory affordable insurance for individuals gress could address and do something issues, and I think we’re the ones that, who have preexisting and chronic con- about, and I think that most people as we become the sandwich generation, ditions; making certain that individ- agree with that. It is of concern to us much like I am—I have grown children uals that are in good standing with an that H.R. 3962, the Speaker’s bill, is and elderly parents—that we’re the insurance policy are not dropped from 1,990 pages of bill. It is a big bill. This ones that our parents come to to help that policy if they become ill and want bill, this big huge bill—and we’re going them get to the appointments, fill to exercise that policy; making certain to have that bill on the floor for you to their medications, help them with the that portability is in place. see tonight—this bill would be, really, forms, make sure that things are going One of the frustrating things we hear a bill that is not fair to our seniors, in the right direction when they can no often about, especially from women, is and it does concern us. It’s one of the longer depend on each other. the fact that they may change jobs and primary concerns that we do have in I’m quite lucky. My parents are in then they find they can’t take that in- this piece of legislation, the unfair their eighties, and they’re extremely surance with them. How many times practices that it would move forward self-sufficient on their own. But some- have you talked with a friend or a on our seniors. day they’re going to need that help neighbor who said, you know, I have As we are going through our Special that I as a daughter and my sister and had a great job offer, but I can’t take Order tonight, if you would like to log my brother will provide for them. In

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.085 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12185 West Virginia, I found—just coming the lack of access or coverage. But I to this, how aware. Because health care here today, it was astounding to me of am concerned and I think it’s a real is so personal. It’s such an everyday the number of folks that just randomly concern that the Speaker’s bill is going thing for so many people that every- approached me about knowing what is to come in and force over 60 percent of body has an opinion because they’re on the docket here, the Speaker’s over the women who have coverage for their basically living it. This isn’t something 1,900-page $1 trillion health care bill, employers to be put into a government- they’re seeing from afar or they’re hop- and people are concerned. I was in run insurance program that they don’t ing happens or it’s happening to their Wendy’s having lunch today, and I met choose, is not of their own choosing. neighbor. It’s happening in everybody’s a woman. She asked me to come over Then maybe if that’s not what hap- home in America, and people are stand- and talk with her. She is 75 years old, pens, then the insurance option that ing up and saying how they feel about quite remarkable, and her mother had they have is going to be the one that it, where the changes need to be made, died the day before. We have a great the government panel says meets ade- and how they feel. Generally speaking, history of longevity in our State. She quate coverage. Well, what does that today the Speaker’s 1,900-page bill, $1 is very concerned about this bill be- mean? What does that mean to the 60 trillion bill, got a big goose egg today cause she feels that not only is the bill percent of the women covered through because I did not run into one person being balanced on almost $500 billion in their insurance through their em- who said, That sounds like the plan for cuts in Medicare and Medicaid, which ployer? me. will influence her health care, but she I think we have to look at what this Thank you. is very concerned about government is going to do for small businesses. In Mrs. BLACKBURN. I thank the gen- bureaucracy making decisions for her our State of West Virginia, only 37 per- tlewoman from West Virginia, and I health care. She is very concerned cent of small businesses who have less thank her for those comments about about the government getting in be- than 50 employees provide health in- women in West Virginia and how this tween her decisions and her doctor’s surance coverage as compared to over bill would affect them. decisions. Quite honestly, she was 95 percent of larger firms employing What we are hearing all across our afraid of a rationing of care. Because more than 50. We need to fill that gap. Nation is, This is not a bill that women she is 75 years old, is she going to get As Republicans, we’ve come together want. Indeed, the blog spot, the same care she might have if she to find ways to fill the gap for small whymomsrule.com ran a survey, and it was 50 or if she was 25? These are the businesses, to make it affordable, make said that only 7 percent of American kinds of thoughts that are very real, it available, make it accessible. But women think the health care proposals and they were very real for her, as I the bill that is created by Speaker that have been brought by the leader- talked with her over lunch. PELOSI and those in the leadership does ship, the Democrat leadership, are pro- Then as I was going to get on my not do enough. What it does do is puts posals that reflect their concerns. We plane this afternoon, I was buying a another tax on small business to pro- know that. We are listening. We hear bottle of water, and the lady behind vide that insurance. them. And we have ways to solve this the counter said, Well, you’re going Lastly, I asked a lot of the women in issue so it puts patients and families in back to Washington, right? my district what they really thought charge of those decisions, not the Fed- I said, Right, going back to Wash- about the plan as they understand it, eral Government. It preserves that ington. expanded government involvement in freedom. Indeed, for small businesses— She said, It’s health care, right? health care. Of the women polled, 54 as we all know, women-owned small I said, Right, it’s health care. percent said that they would not per- businesses are a very active part in our And this voice in the back of the sonally trade their coverage for a pub- economy, in our financial sectors, and room said, Don’t mess with my health lic plan; 56 percent disagreed that they we’re very concerned about the impact care. Again, her view was, she’s not on would be best served by government- for employer-based insurance that this Medicare yet, but she had parents that run health care; 75 percent have said bill would have on those women-owned were. She is concerned about their they don’t want significant changes in small businesses. Medicare, but her concern was govern- their own health care; and 64 percent of At this time, I want to turn to the ment-run health care. She sees this bill the women in West Virginia said that gentlelady from Illinois (Mrs. BIGGERT) as it is. It’s a government reach into they prefer private insurance over the who has been such an active voice not her health care, and she was very con- public option. These are women that only in the Education and Labor Com- cerned. are accessing the health care system mittee but in the House as a whole, as Then as I was coming back in from not just for themselves, not just for she has been a leader on this issue. the airport, I had a man who asked me, their own families. They’re accessing it Mrs. BIGGERT. I thank the gentle- Going to talk about health care, right? for their parents. Many of them work woman from Tennessee, and thank you I said, Right. in the health care system. They see for having this tonight. And he goes, Well, let me tell you, he how it’s working. They see the changes You know, I was just thinking; I’ve said, If in any way that health care bill that could be made, and they really are got four children and eight grand- would leave a crack in the door for my rejecting it, I think, out of hand. I children. So I think as a mom and a taxpayer’s dollars to go for funding of know my colleagues will expand on grandmother, I’ve always been very abortion, I am going to go on a ram- this tonight. The women are rejecting concerned about health care, and I page. He said, I can understand, and I the types of changes where government want to make sure that my family has want to give, and I want to help, but goes between you and your health care the best that’s possible. this was his line in the sand. provider. When I was raising the children, all So you can see that everybody has a I believe that is what has happened we had was Dr. Spock. We didn’t have different perspective, and the 1,900 in this plan, not to mention the over $1 all the technology and all the wonder- pages that are in the Speaker’s bill are trillion price tag that’s attached to ful drug therapies and the health care causing great concerns on a whole lot this bill, which both men and women that we have now in the United States. of levels. across the country know that this is I am always concerned about the qual- I did some research on West Virginia going to be on the backs of their chil- ity of health care. Sure, we need re- women. Of West Virginia residents, 51 dren and grandchildren, a legacy of form, but we want to make sure that percent are women, and the 442,000 debt and deficit that’s going to be there’s that quality of health care that women in West Virginia who receive passed on. we have now. We’ve got moms, doctors, health care coverage through their em- I would like to thank the gentle- nurses, caregivers, taxpayers and ployer, which is almost 60 percent of woman from Tennessee and all of my women that really play a critical role the women, I am concerned about them colleagues for being here tonight. in the health care debate. Eighty-five because they have health care that Those are some of the perspectives that percent of women are the primary generally serves their needs. We need I have. It’s so interesting to me that in health care decision-makers in the to go in and make sure we make ad- the brief time today that I was out home, and that’s why we take this so justments, that we fill the cracks in among folks, how tuned in everybody is seriously.

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.087 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12186 CONGRESSIONAL RECORD — HOUSE November 2, 2009 The U.S. Census Bureau reports that how many doctors are going to want to Federal statute. And we all know that 82 million adult women are moms, and remain in a situation like this where this bill has over 3,400 new mandates in 32 million women have a child living in they really become staff. You know, we it. their homes. So women are overwhelm- think of them as professionals. I al- I yield to the gentlewoman. ingly supportive of health care reform, ways thought, oh, if I could be as smart Mrs. BIGGERT. It is so important but they want to know that this reform as the doctors. To me, it was just the and it has really been something that will improve the quality and afford- profession that was so outstanding. has really hit the fan, and there has ability of their current health care. And so this leads not only to ration- been a lot of rhetoric on this. But just For many women and their families, ing for these procedures, but also we’ve take it as this is a decision to be made higher health care cost means the dif- had a debate about the end of life and by the family, the children and the pa- ference between receiving care and how 80 percent of the costs really are tient; and it should be done early in going without. Unfortunately, the then. And I think as women, when I life. Pelosi health care bill empowers gov- read in the first bill, and that has We have to make plans like that. It’s ernment bureaucracies and undermines changed a little bit to be voluntary not that something is never going to a woman’s ability to make the best rather than mandatory counseling happen, but let’s not mandate it or health care decisions for her and her there, in my former life I was a probate make it something that a doctor has to family. attorney and I did estate planning, and do and is paid to do as part of his job. what was always so important was to The doctor as a counselor is fine, but b 2015 counsel families on aging and to make the family should come to them and re- I have got a letter that one of my sure that they had the decision of the quest that, not to say it in statute. And I’m concerned about the ration- constituents sent. It’s from Maryanne, family, the decision of the elderly in ing. It makes you think of, well, you’re and she writes to me: what they wanted to happen. ‘‘As a registered nurse and mother of So there was always this durable going to float out on an iceberg or a severely disabled child, I beg you to power of attorney that we did so that something when the end of life comes. seriously consider the long-and short- their wishes would be addressed and a And what we want is to have quality of term effects of the new health care pro- cousin or somebody would say, oh, no, care throughout everybody’s life and to make sure that we have the ability to posal. I am horrified to think that we can’t do anything. But the durable do that. The doctors are the ones that medical decisions will be determined power of attorney, the living will, and do deal with these issues, but they need by our government. I have seen this the do-not-resuscitate, if that’s the to have the map as to what the family fail in many countries. I happen to be wish of the person who would become wants in that regard. of the opinion that the precious com- ill in the end of life. And it’s so impor- modity of life far exceeds the almighty So I think that women as the care- tant, but it’s important to do it before givers are the ones that have to make dollar.’’ you ever reach that time. And this bill You know, one of my daughters lives those decisions. And it’s a tough deci- focuses on that they’re doing it as you sion to make, to bring up a subject in London. And when this health bill have already aged. So this is something came up, I said to her, Seriously, tell early on that you really might not that should not be put into statute. want to talk about; but it’s something me what is the health care like in the This is something that families should U.K.? What is it like versus here? we all need to do, but to do it by our address, and this is their choice and choice and not by a government-run And as a matter of fact, every time not some bureaucrat making it happen. my daughter brings my three grand- plan telling us to do that. Mrs. BLACKBURN. Reclaiming my So with that let me just say a couple children home for a visit, she takes time, I just want to expound on this of things about women, and there’s them to see the pediatrician that I point for just one moment because the been a new poll out. In this poll that took her to see just to make sure that point you’re making is so relevant to was released on October 28, in short, they’re in the best of health that they this debate. women believe that their current can be and make sure that somebody The bill that is before us now, the health insurance is better for them and from the United States is looking after 1,990-page bill that Speaker PELOSI has their families than what the Pelosi them. brought forward, and we hear tomor- plan has proposed. And while a major- And she said, Well, now, in London row there will be a manager’s amend- ity of women view health care reform it’s a different system. It started out ment that will be dropped or also added as an important issue, only 42 percent where doctors don’t have this high to this; so it’s going to be more than are satisfied with the proposal that is debt. They don’t have the high cost of 2,000 pages by the time we get to the brought before Congress and only 38 the medical school that we have here. end of the week, but in that bill there percent would like to change their own It’s paid for. So they start in the sys- are the provisions that mandate that insurance to a public option. In fact, tem and they’re in the public system. end-of-life counseling. while 48 percent of women want slight And then some of them become private Mrs. BIGGERT. Well, I think that be- changes to health care generally, 75 doctors. Now, my daughter has the cause of the concern and the outrage percent of women want few to no public health care, but she also has a really of so many of the American peo- changes to their own health care. private doctor. And she said, Well, in ple on that and particularly the seniors That’s kind of interesting. You emergencies you’re well taken care of. that were really put off by that, they talked about how I was on the Edu- But it’s the long term, and she gave me have changed it to voluntary, and so cation and Labor Committee. And the example, let’s say you have a rash it’s a little bit better. But still that is while we were marking up the bill, I on your arm, you go and they say we something that shouldn’t be in statute. had an amendment that said if you like will make an appointment for you, but If a family wants to go to the doctor the health care plan you have now, you the appointment is 9 months later. She and ask what are the things that we can keep it, and that was voted down also said that if you go on and check should do, but then to have the durable by the other side of the aisle unani- on the current wait list in London—for power of attorney so that the hospital, mously. example, the current wait list at the let’s say somebody is in the hospital, Women are also very concerned with time that I checked was 11 months for they know what the wishes are of the costs. You know, women care about af- a knee replacement, 10 months for a patient as well as the family knows fordability, and they are concerned hip replacement, 5 months for a slipped what the wishes of that patient are. with the costs. And only 5 percent of disc, and about 8 months for a hernia But this should be done long before we women believe that Congress should operation. And these are just a few of get to that situation. spend over $1 trillion on health care re- these that they wait so long for. Mrs. BLACKBURN. Reclaiming my form, which is the cost, and 45 percent Now, what that leads to also is ra- time, that’s one of those decisions that of women would be less likely to sup- tioning. And I had an event this morn- families make, that husbands and port a candidate that votes in favor of ing where one of the doctors stood up wives make, that parents and children such a costly health care bill. and talked about his belief that there make. It is not one that should be ad- Women believe that health care re- would be rationing, particularly with dressed with a ‘‘shall’’ or a ‘‘may’’ in a form is moving too fast, that Congress

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.088 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12187 should slow down. Only 9 percent of section numbers that will back up proposals. We have not talked much women want reform legislation in the what we are saying. about those tonight. I think we need to next few weeks. And we’re looking at I think one of the best things that at least say that we have made these addressing this this week. Twenty per- has come out of the debate that has proposals that fit with what the Amer- cent would like reform by the end of been going on about this health care, ican people want. 2009, and 43 percent believe that Con- and as our colleague from Illinois said They want to be able to buy insur- gress should pass a reform bill only earlier, if this was such a great idea, ance across State lines. They want to when quality legislation is developed this bill would have been passed in take a tax deduction for paying insur- even if it means no deadline. July, as our colleagues across the aisle ance premiums like their employer So I think we have got a health care wanted. But it isn’t a good idea, and does. They want to be able to get into plan that if everybody thought it was a it’s been very contentious. But we pools like my small business can join great plan, we would be passing it and point out to people what’s in the bill, with other small businesses. We want we would have passed it in July. But and people have been reading the bill. to let the States come up with innova- tions. We have lots and lots of ideas this is now July, August, September, b 2030 October, and now we are into Novem- like that that won’t cost $1.4 trillion ber, and there still are such concerns I think that is a very healthy thing but will solve this problem for the ap- by the American people on this. to do, and I hope people will continue proximately 10 million Americans who So I hope that we can slow down and to read the bill. I am a bit surprised, want health insurance but can’t afford really have a dialogue, a debate on actually. The bill was introduced on it. this, and find common ground to find a Thursday, we didn’t have session on We are turning our whole country up- bill that people would all get behind. Friday, and tonight when we had Spe- side down to take care of 10 million Mrs. BLACKBURN. I thank the gen- cial Orders and the Democrats had the Americans who want insurance but tlewoman. first hour, I thought they would be can’t afford it. We want to do that. I appreciate so much that you here defending this bill and explaining What it is going to do, if the American brought up the fact that they continue to the American people why this is people have any hesitation about what to say if you like what you have, you such a wonderful thing. And yet, they we are talking about in terms of where can keep it. didn’t show up. Here we are doing our we are going with health care, we need The problem is you can’t. Maybe you best to explain to our fellow Americans to point out that it will allow the IRS can keep it today or tomorrow or until what is wrong about this bill and why to be monitoring small businesses and, the end of the year. But by the time they shouldn’t be supporting it. I have ultimately, us as individuals. I don’t you get to 2013, you’re going to have to found a dearth of Democrats out here know anybody in this country that go through an exchange. defending the bill and saying, Let me wants to be dealing with the IRS. We I have got a list here that is 111 new tell you on page 94 what is good, or on know what a friendly group they are. bureaucracies that are created by the page 112. It seems to me, if they really And we know what is going to happen Speaker’s health care bill, 111 new bu- liked this bill, they would be doing to those bureaucracies that take over reaucracies. There is going to be a that. I know over time we have done our health care decisions. That’s just health choices commissioner that is that kind of thing. the wrong way to go. going to have over 60 new directives on I want to say to my colleague from We can beat this thing. We need the what kind of health care you can have. Tennessee how important I think it is American people to be calling their And you’re going to have the exchange to point out that there are going to be Members of Congress who are on the that has to approve the plan that your 111 new bureaucracies established by other side who are either undecided or employer would possibly be able to this bill. I am a small government con- have said that they are going to vote offer. And if your employer’s plan is servative, and I have had the same ex- for it and say that this is not what we not good enough, the employer gets an periences that my colleague from West want. We don’t want a further erosion 8 percent tax. Virginia has had. Everywhere I went of our freedoms. We want to remain the So it’s a little bit of a stretch to say this weekend, people said to me, Vote greatest country in the world. if you like what you have, you can ‘‘no’’ on that health care bill. Do ev- Mrs. BLACKBURN. I thank the gen- keep it when the whole playing field is erything you can to stop that health tlelady for yielding back, and I appre- going to change within just a few care bill. ciate that she mentioned how States years. I am not finding people who are say- need to be able to innovate, how they And as you said so very well, women ing to me vote for this. My mail is run- handle the Medicaid payments that are make those decisions. Seventy-five per- ning about 91⁄2 against it to 1. I think there. This is so very important be- cent of the women are very com- the reason is the American people, the cause they are the ones that are deliv- fortable with what they have, and average American, understands that ering these services. This bill would in- women want to be able to shop for a increased government intrusion in our crease the eligibility for Medicaid to plan that is going to best meet the lives takes away our freedom. This 150 percent of the Federal poverty needs of their families. country is the freest country in the level. Now, what this does is to shift At this time I yield to Dr. FOXX, the world. We are the greatest country in that burden over to our States. It takes gentlewoman from North Carolina, for the world because of that. But when that burden from the Federal Govern- her comments. you expand the Federal Government’s ment and places it squarely in the lap Ms. FOXX. I thank the gentlewoman power over our lives, that undermines of our States. from Tennessee for beginning the hour our freedom. And NANCY PELOSI’s Big Now, most of our States have bal- for us. Government health care bill is the sin- anced budget amendments. Here we are We stand up here and we talk a lot gle largest expansion of government handing them, and in my State of Ten- about what’s in this bill, and I know that we have seen in over a generation. nessee, we know we have heard from that many Americans wonder are we It is, I think, a threat to our freedoms. our Governor’s office that the expecta- telling the truth or not. But as you I believe the average American under- tion is this is going to cost us an extra pointed out, there is a provision in that stands that. $735 million per year. Every State bill that will do away with private When I talk to school groups, I say to around the country is looking to see health insurance policies beginning in them the major difference between what it would cost them. They know 2013. And if people want to find that, Democrats and Republicans is we be- that by shifting that Medicaid burden, they can find it on page 94, section lieve that individuals can solve most of expanding that eligibility to 150 per- 202(c). I heard when I came in you were their problems. Yes, we need govern- cent and then shifting that burden to talking about how to read the bill by ment. We need a police force. We need the States, well, it may help them with going to your Web site. I think all of us an Army. There are many things that budgeting, those that are trying to have Web sites with links to the bill, we need. But very few things at the pass this bill and are looking for budg- and I’m assuming most people also Federal level do we need. Republicans et gimmicks and trying to say it is have links to these page numbers and have figured this out. We have made going to cost less than $1 trillion. Well,

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.090 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12188 CONGRESSIONAL RECORD — HOUSE November 2, 2009 that gimmickry might help them, but surance to their small business em- ditions so you don’t lose coverage, for the taxpayer who already has too ployees, then they say they might just which would have medical malpractice much month left at the end of his have to lay off people to provide for reform which is estimated to save money, what you are saying is get that insurance. Or if they had to pay health insurance costs, which would ready, your sales tax is going up. Your that new tax, they will have to cut off allow us to be able to pool together and State property tax is going up. You are some products or future plans to ex- lower our costs for small businesses. going to see State income taxes going pand their businesses or drop the cov- There is some great language that up, and that is all because the Federal erage they have and move toward the would allow work on preventive care Government said, States get ready, it government plan, because they will pay and more education, those types of is coming to land in your lap. the 8 percent tax. Getting back to your things. I recognize the gentlewoman from point as to eliminating some of our op- There are just all kinds of problems Oklahoma (Ms. FALLIN) about how this tions in the private sector, if people in this legislation that I think the will affect the States. start dropping the private sector insur- American people are very concerned Ms. FALLIN. I thank the gentlelady ance plans because they are seeing a about, especially since we have been from Tennessee. shift to the government plans, then we debating behind closed doors on this. You are exactly right. I have heard will have less options. Mrs. BLACKBURN. I thank the gen- from a lot of my State senators, rep- As I have visited people in Oklahoma, tlelady, and the gentlelady is exactly resentatives, and agencies in Oklahoma they have asked me several questions. right. Much of this has been done be- that if we pass a massive new Federal They want to know is this health care hind closed doors by our colleagues Government bureaucrat health care reform bill that Speaker PELOSI and across the aisle, and many of the great bill that has unfunded mandates, which HARRY REID in the Senate are pro- ideas that have been brought forward this bill does, that those costs will be posing, is it going to lower costs. I that do stay focused on the patient passed on down to the States, and there can’t say that it is going to lower cost. have been brought forward by the Re- is only one way that you pay for those We are talking about almost a trillion publicans in the House, whether it is extra services and costs, and that dollars, debt and deficit. They were the Republican Study Committee bill, would have to be through tax increases asking if their children will have more MIKE ROGERS’ bill, JOHN SHADEGG’s or cutting spending. costs, more debt, more deficit piled on bill, PAUL RYAN’s bill, any of the num- A lot of States are experiencing them, and I have to say I think the an- ber of amendments, over a hundred budget shortfalls. In my State of Okla- swer is yes. amendments that we on Energy and homa, we have cut back services in our They are asking will this health care Commerce had when we were marking State. So, if we have more unfunded reform proposal offer them more up the bill. So there are lots of good mandates upon our State government, choices or will it take away some of ideas on our side of the aisle. whether it is through the expansion of their say and being able to choose what At this time I want to recognize the Medicaid or whether it is through the kind of health insurance they want for gentlewoman from Minnesota (Mrs. $500 billion that is being proposed to their family. My analysis is that it is BACHMANN) who has been so instru- cut seniors’ and Medicare services or going to take away choices for those mental in helping to lead the debate on the taxes on medical devices or some of families. health care here in the House. I yield the services that will be eliminated, They are asking if it will make to her for her comments on the issue. those costs get passed on down, and, ul- health insurance more affordable. Well, Mrs. BACHMANN. I thank the gen- timately, it will be the States that will a lot of the estimates we are seeing, tlewoman from Tennessee (Mrs. be picking up those costs. when you pile on over $800 billion in BLACKBURN). She has done an out- I appreciate what Congresswoman new taxes, when you have mandates, standing job leading this Special Order FOXX said about taking away the free- when you have unfunded mandates, tonight, and I thank you for what you dom of choice and liberties and our Na- when you are rationing some of the are doing. tion. Many people I have talked to are care, it is not going to make health We have so many women in our con- concerned about where is our Nation care more affordable. ference that wanted to be here tonight, going. We seem to be looking more like And then they are asking if the Fed- and they can’t all be here. The women a European nation where we have huge eral Government is going to be more in our conference understand one democracies and so much debt being involved in decisionmaking for their thing, and it is that women in the piled on our children and grand- health care choices. And according to United States overwhelmingly make children. Frankly, people are worried this bill, it looks like there will be a the health care decisions not only for about the future and about our secu- Federal bureaucrat basically between their families, not only for their chil- rity, our economic security and na- the patient and the doctor. dren, not only for their parents, but tional security, especially at a time They want to know if this bill will quite often women run a lot of the when we are experiencing a recession lead to rationing of care. We have seen H.R., the human resources offices as and people are concerned about keep- what has happened when other nations well in business after business. ing their jobs, supporting their fami- have implemented some type of gov- I think one thing that people in busi- lies, and making house payments. They ernment-run health care. It does lead ness are understanding is they are are very concerned. to rationing of care. There are people going to have fewer choices before I know some of the people I have who have died waiting to receive treat- them rather than more. been talking to, a lot of small business ment. In Canada and Europe, it is well What we have seen from the bill that owners are very concerned about the documented. the Speaker of the House released last proposed taxes that will be put onto So all of those questions that are Thursday, on page 92, I believe, is that the small businesses. We have actually being asked of me by my constituents, by the year 2013, no one will be able to had some congressional hearings with I can’t prove to them that it will lower purchase private insurance anymore. small business owners, and they have cost, that it will not increase the def- That’s it. Now let that thought pene- talked about how tough it is to get ac- icit, and that it will give us more trate for a moment, Mr. Speaker. cess to capital, to get loans, and how choices. It appears to me that this is they have had to cut back employees going exactly the opposite. b 2045 and how revenues have dropped off. I think what we have to tell the If we have to be frozen in time and They tell us in congressional hearings American people, there are lots of we can purchase no new private insur- if we pass another tax, as is being pro- other health care pieces of legislation ance after 2013, what will happen? What posed, and it would affect small busi- that we have been working on that will happen to our choices? What will nesses, they will have to lay people off. would provide choice, that would lower happen to the plans that we really And then if we have some type of gov- costs, that would work on issues like have? ernment mandate to provide health in- portability, where you could keep your Well, it’s interesting; a lot of people surance because that small business health insurance if you changed jobs, haven’t been waiting around, they’ve owner can’t afford to provide that in- that would eliminate preexisting con- been doing studies. One group called

VerDate Nov 24 2008 04:18 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.091 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12189 The Levin Group showed that by look- For the 5 percent who truly, through their job. And this started where your ing at the health care that we have in no fault of their own, can’t afford employer provided health insurance front of us, in all likelihood about 114 health insurance, we can take care of after World War II as an incentive to million Americans will be thrown off them and we will take care of them, get workers to come work for a par- the current health insurance plan they but we won’t break the bank to do it. ticular company. And it has, of course, have and onto the government system, We have great solutions. Let’s try grown since that time, and I think it which means about 114 million Ameri- that rather than burdening the Amer- has been a good thing for most people. cans won’t have the health care that ican people, and especially women who We have been able to provide a level of the President said we would all be enti- don’t need those burdens. And I yield care in this country that has been un- tled to keep. And we remember what back to the very kind gentlelady who’s equaled anywhere in the world. the President said, he said, If you like doing an outstanding job tonight, Mrs. What I have been able to see since your current health care plan, no prob- BLACKBURN of Tennessee. 1970, when I graduated from medical lem, you can keep it. Mrs. BLACKBURN. I thank the gen- school, were advances that I didn’t The only problem is, that’s just not tlelady from Minnesota for her good even dream of. The one advance that so. If you take 114 million Americans, work on this issue and for being here we haven’t seen come to fruition that I throw them off the health care they al- with us tonight as we have brought for- thought would is the cure for cancer. ready like, well, then they’re stuck ward the alternatives that are there, We haven’t done that, but we have being in the government’s plan. That the good, solid, positive, free-market- made tremendous strides in cancer and means fewer choices. And that means oriented alternatives that are there heart disease, diabetes, and so on. the women of America don’t get to from our conference and from the So we have a cost issue, and we have make the choices anymore, it’s govern- women in our conference. I thank ev- an access issue. We have approximately ment. eryone for joining us, and I yield back 47 million of our citizens in this coun- I think the thing that all American the balance of my time. try that are not covered currently by women really get out of this is that f health insurance. Who are they? Well, there is going to be an enormous hassle the Census Bureau believes that ap- factor. There is a big hassle cost that’s HEALTH CARE REFORM proximately 10 million of these folks in all of this. That’s what we women The SPEAKER pro tempore. Under are illegally in the country. We also be- deal with, we deal with hassles—has- the Speaker’s announced policy of Jan- lieve that probably 9 million or so have sles with our jobs, hassles with the uary 6, 2009, the gentleman from Ten- incomes above $75,000 a year and kids, hassles with trying to make the nessee (Mr. ROE) is recognized for 60 choose not to buy health insurance— books balance, and now the biggest minutes. their own choice. About 8 million peo- hassle of all, life and death decisions Mr. ROE of Tennessee. Madam ple make between $50,000 and $75,000, because if government literally con- Speaker, we are here tonight to con- and they may be families where this trols the health care decisions from tinue the discussion of health care. does stretch them, where they’re a cradle to grave—because it would be Before I get started, I am a freshman small business, and health insurance every single American—that means the here in Congress, and I am going to tell premiums—again, the cost factor has hassle cost goes way up. That’s kind of you a little about myself and why I’m gotten so expensive that these folks the last thing we women need right here to discuss this. can’t afford it. So we really are looking now. I grew up in the rural south in a at about 20 million people in this coun- Women are tired, we’re burdened, we small, rural community. My father was try who are working poor who don’t have so many things on our plate. And a factory worker. I went to college, I have access to care. I think especially women who are sen- went to medical school in Memphis, How are we providing the care in this ior citizens, because they’re watching Tennessee, at the University of Ten- country now? Well, we’re using private this debate, and they get that $500 bil- nessee—the real UT, I might add, for health insurance. Many people use lion is going to be cut out of Medicare. my Texas friends—and I spent 2 years their own employer, a small business, That’s what we know—cut out, gone. in the military. I trained in an inner- their health savings account. There are So what that means is scarcity, and city hospital, an urban hospital. I variations that people use to buy their that means less. So we are all going to spent time in an infantry division in a health insurance. be paying a lot more, but we are all medical battalion in Korea near the We have the government now which going to be getting a lot less. The sim- DMZ. I served in a military hospital, in provides about 46 cents of every dollar ple fact is we can do so much better. a VA hospital. I practiced in Johnson spent on health care with Medicare and The Republican women here know City, Tennessee, an area in Appalachia Medicaid and the VA. So we have gov- that there are many positive solutions in northeast Tennessee, and taught ernment taxpayers approaching 50 per- that we can do. We can really do a lot medical school with residents and in- cent of the care, and then we have the better. I will be real brief, and I will terns. I really have had a varied experi- rest, the 15 percent, who don’t have end with one positive solution we could ence, 31 years in private practice. My coverage at this time. take. specialty was obstetrics and gyne- So how do we go about keeping the I am a former tax lawyer. Rather cology, where I delivered almost 5,000 cost down, quality high, and the ac- than government owning your health babies. So I bring a rather unique expe- cess? We are joined here this evening— care and making all the decisions, or rience to the House floor, and I am and I am going to stop, having framed rather than your employer making the very privileged to be part of this de- the debate—with my good friend from health care decisions for you, we bate. Louisiana, Dr. JOHN FLEMING. And change the tax code so that you, every I think before, as a physician, what I JOHN, I am going to turn this over to American, gets to make your own would try to do in any case that I saw you to sort of continue this thought health care decision. You own it, you was try to identify the problem. In that I put forward. make the decision, it’s a wonderful America, we are trying to identify a Mr. FLEMING. I thank the gen- thing. So you own it, you make the problem with health care. And cer- tleman, my colleague and good friend, health care decision, and you get to tainly, I think we have heard it on Dr. ROE from the great State of Ten- take your own money, tax free, pur- both sides of the aisle that we do need nessee. I have visited there many chase the health care plan of your health care reform. I think the main times, the Smoky Mountains. Also, choice—you’re not limited to what gov- reasons for that are two: One is costs— speaking of smoky, everything there is ernment says you buy, you buy any health care costs are escalating beyond smoked, and it smells so delicious you plan anywhere. Anything that we don’t the average person’s ability to pay for want to eat bark off trees when you go cover out of your own tax-free money the care—and access to adequate care through Tennessee. So it’s a lovely you get to fully deduct on your income for all of our citizens. State, and I always enjoy visiting it. tax return. Have true lawsuit reform In this country, about 170 million of Like you, I grew up in a very middle that costs billions of dollars. In fact, our citizens are covered by their job. class, working middle class environ- that covers 95 percent of Americans. Their health insurance is provided by ment. I had to work my way through

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.093 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12190 CONGRESSIONAL RECORD — HOUSE November 2, 2009 college. My mother became disabled times the word ‘‘shall’’ appears in that the same survival rates that we do in when I was five, and then my father bill, this is truly transformational. the United States. died just as I graduated from high Some of the Members of our caucus Take, for example, my own sister-in- school. I suddenly had the burden of have said that this is the most signifi- law. She was diagnosed with a very ag- helping out with the family, but also cant debate that they have ever been gressive form of breast cancer on her working my way through college and involved in. So for those of us who are annual mammogram. She had no symp- then ultimately medical school, which, freshmen and did come here to reduce toms. She had none of the usual mark- with the help of the U.S. Navy, I was the size of State government, or to re- ers or factors which would indicate she able to do that. I served 6 honorable duce spending, or to, as the gentleman had a risk of an aggressive breast can- years—some of the best years of my from Louisiana said, reform health cer. Yet she was diagnosed based on her life, and my wife—in the Navy prac- care, we are seeing things that we annual mammogram. She was in sur- ticing medicine in such duty stations hoped would not be a consequence, and gery in the same month that she was as Guam; Charleston, South Carolina; that being more government interven- diagnosed, and she then began a regi- Oceanside, California; Camp Pendleton tion, more spending, more involvement men of both radiation and chemo- Marine Base. in our lives. therapy. Shortly thereafter, it saved It was, indeed, an honor to serve my And so we are here to protect people her life. country in that capacity as a physi- from more government intervention So she falls into that category of cian. And then of course I’ve been in and to protect the relationships that two-thirds of American women who are private practice since 1982, family med- you have with your doctor, with your surviving cancer. In fact, with breast icine. I still see patients, I still provide local community hospital, with your cancer, it’s a very significant number— care. I’m still dealing even day-to-day health care provider so you all can the difference between survivability in with some of the issues that all of us as make decisions regarding your own the United States versus survivability physicians deal with. lives and your own quality of treat- in European countries—and that’s be- Like you, in your many years of ment and the efforts that you will cause health care is rationed. This is a practice, I have carried a burden about make to enjoy the type of health care quote by the chief justice on the Cana- what a wonderful contrast we have and quality of life that you hope to dian Supreme Court: access to a wait- here. We have tremendous quality of have in your communities. And that is ing list is not access to health care. care and delivery of care and the best reflected in this recent survey of In this bill, we have to have assur- of care and the best of technology, but women. Sixty-four percent of American ance that we’re not going to be on a yet some people do have access prob- women would rather have private waiting list. Quite frankly, we don’t lems. There is no question about it; health insurance than a government- have that at all. In fact, based on what that needs to be solved. run health insurance plan. Sixty-six I’ve read in this 1,990-page bill and I ran on a reform campaign, health percent describe their health insurance based on what I’ve been told by my col- care reform. I wanted reform, I came as excellent or good. Seventy-four per- league, the gentleman from Tennessee here to reform, but you know what I cent describe their health care as ex- who is leading this discussion tonight, found when I got here is really any- cellent or good. Seventy-five percent in fact, we will have rationing. The thing but reform. What I’m seeing is a want few to no changes made in their cost will be tremendous, and the taxes Congress that has taken a sudden left own health care. that will be imposed on so many of us turn towards socialism to dismantle We all know that there needs to be as a result will be exorbitant. what is the best health care system in some reform. The cost is too high, and So it sounds to me like health care the world and remake it into the same in some areas access is limited. And reform, in the style of the bill that was image as Cuba, North Korea, Soviet certainly with regard to Medicare, in introduced last week, includes higher Union, the U.K., Canada. Even some of rural areas hospitals and doctors are taxes, penalties, less choice, more gov- the States like your own, Tennessee, not reimbursed for the full cost of pro- ernment, more costs to States, more who have experimented with socialized viding the services they provide. In my costs to individuals, more costs to medicine and government takeover of home State of Wyoming, in fact, the small business, and no guarantee of an medicine, have failed. I have actually hospital in Casper, Wyoming, has said improvement in access, in quality or in asked, I have been to venues and asked, they are only reimbursed for about the ability to craft a plan of treatment please, show me one example where one-third of the actual cost of pro- between you and your physician or to government-run health care has ever viding care to a Medicare patient. seek a second or third opinion in the been successful, and I have yet to find event you feel it’s necessary for you, b 2100 one single example of that. for your family, for your parents or for So, like you, I am very interested in Now, some doctors who are reim- your children. health care reform that is true reform, bursed at these very low levels have de- This is not health care reform as was that is common sense, that makes the cided not to take Medicare patients envisioned by my colleagues who are cost go down—bend the cost curve anymore. So, when things like that here tonight, the gentleman from Lou- down, that’s the common theme today. happen, we really are denying access to isiana and the gentleman from Ten- And there are so many ways that I’m care by having a government-run pro- nessee. sure we will get into as we go forward gram. Thank you kindly for allowing me to that we can do that. And I thank the Not only that—and this is one of my join you. gentleman for recognizing me. greatest concerns—it’s what we are I yield back. Mr. ROE of Tennessee. We have also giving up by taking on a government- Mr. ROE of Tennessee. Thank you, been joined this evening by our col- run program. Let’s compare ourselves the gentlewoman from Wyoming. Ex- league from Wyoming, CYNTHIA to countries that have government-run cellent comments. LUMMIS. We appreciate you being here, programs. Let’s look specifically at Health care decisions should always and I would like to now yield time to cancer. be made between patients, their fami- you. For men in the U.S., survival rates lies and their physicians, not the insur- Mrs. LUMMIS. Well, I thank the gen- exceed 60 percent and also for women. ance companies and not the Federal tleman from Tennessee, who has tre- In fact, two-thirds of women will sur- Government. I believe that, and I have mendous experience with government- vive. Spain, Italy, and the United King- used that in my practice for many run health care in the State of Ten- dom are all significantly below the years. It’s one of the reasons I was a nessee. And after he saw the 1,990-page United States in terms of survival very successful practitioner. I knew bill that we received last week and saw rates. One of the reasons for that is, who I worked for—my patients—and I how much government intervention is when diagnosis occurs in the United looked after their benefit. involved through that bill, how many States, treatment follows much more Now, one of the things I want you to unfunded mandates are being passed quickly than in some of these coun- think about in this bill—and this is the onto the States, how many government tries. So, if you are rationing care, bill here. It’s H.R. 3962. They’ve bureaucracies are created, how many that is a consequence. You don’t have changed the number because H.R. 3200

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.094 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12191 has become so tainted now. It’s two tax credits so that people in this in- prepared to lose seats in 2010 if that’s parts. As the gentlewoman pointed out, come bracket can also join health what it takes to pass it. it’s 1,990-pages long. I’ve only been plans and can share their risks. This is obviously suggesting that through the first 1,000 or so pages, and I’ve never understood why the gov- there are a lot of people out there who it’s going to take me a few more wake- ernment treats our patients on Med- don’t like this, and she’s bound and de- ful nights to go through it, but I will. icaid differently than they do from termined to have this as her legacy. In the Senate’s Baucus plan, for in- Medicare patients. They’re not treated ObamaCare, as it says—I call it stance, it’s an alleged 1,500-page bill. It as well, I don’t think, because of the PelosiCare—and little wonder. The gets you to 91 percent coverage. payment differences, but they health bill she unwrapped last Thurs- You can do two things on one page shouldn’t be. They should be allowed to day, which President Obama hailed as and get to 91 percent coverage, which is take those dollars as a credit that are a critical milestone, may well be the to allow young people who have grad- spent on Medicaid, and they should be worst piece of post-New Deal legisla- uated from high school or from college allowed to go into an association tion ever introduced. In a rational po- and who are not yet covered by insur- health plan and also spread those risks. litical world, this 1,990-page runaway ance plans at their work or who can’t So those are a few little things. train would have been derailed months afford it to stay on their parents’ plans Lastly—and I think it’s barely men- ago. until they’re 26 years old. You can tioned in this 2,000-page bill—we talked That’s quite true. Not one single Re- cover 7 million young people by doing at the beginning of this hour about publican at any point has supported that. costs and about how we control costs. this bill, and many Democrats have not Number two, you can sign up the peo- You will never ever control the costs of supported it. ple who are currently eligible for gov- health care unless you begin to do With spending and debt already at ernment programs, which would be something with tort reform, or with record peacetime levels, the bill cre- SCHIP and Medicaid, and you would malpractice reform, because, as a phy- ates a new and probably unrepealable then be at 91 percent without all the sician, if I don’t order a test—if I have middle class entitlement that is de- other bureaucratic morass that this a patient come to the emergency room signed to expand over time. bill goes through. and if I don’t get a CT scan and if Again, I emphasize ‘‘unrepealable.’’ I want to make this point tonight: something by chance happens to that Once this thing gets into law, like so this bill right here is almost incompre- patient, then I’m going to be liable for many things, there is no way we can hensible when you read it, because, that problem. If I order the test and if get rid of it. It will be with us forever. when you do read it, you have to refer there is nothing wrong, there is no pen- Taxes will need to rise precipitously. to the IRS code, to HHS, to Medicare, alty to me. So we have to change that. Even as ObamaCare so dramatically and so on. It’s just almost incompre- Let me just explain a couple of things expands the government control of hensible. So I’m going to go over about that helped me understand this. health care, eventually all medicine four or five things which, I think, could We have a terrible tort system in this will be rationed via politics. be done very simply—and I want the country. The reason it’s terrible is we So I think that’s very critical. First gentleman from Louisiana to step in— have no way to compensate injured of all, it’s one party—and one party which will allow those health care de- people. When someone does have an in- only—that wants to force this. Really, cisions to be made by families. jury due to malpractice, we have no it’s even less than that. Just the lead- Number one, one of the big argu- way to compensate him. ership of one party wants to force this ments we hear today, or issues which In 1975 in the State of Tennessee, we takeover of one-sixth of the American we deal with, is preexisting conditions, started a malpractice company called economy forever and wants to put it and they’re real. I’ve dealt with pa- the State Volunteer Mutual Insurance under government control forever, con- tients who’ve had breast cancer who Company. Since the inception of that trolling your life from day to day. For company, over half the premium dol- then, as individuals, could not be in- what gain? Dr. ROE just pointed out lars have gone to attorneys. Now, these sured. Well, in the group market, in that we could easily cover the same are defense attorneys and plaintiff at- large groups, that’s not a problem be- number of additional people with much torneys, but less than 40 cents on the cause you just accept those increased less cost and with much less effort. dollar have actually gone to injured risks and spread those risks among What it does is it leads to rationing. people. All the thousands and hundreds large groups of people. It leads to long lines. I think, cer- of thousands of dollars I have paid in When I was mayor of the city of tainly, what has been said about jus- over these years have not gone to com- Johnson City, we had 1,500 people, plus tice is true about health care: health pensate injured people. So that’s some- their families, with plans—teachers care delayed is health care denied. thing which, I think, is not in this bill. and employees of the city—and we were Mr. ROE of Tennessee. Will the gen- Until you address that, you’re never able to spread risk and to buy reinsur- tleman yield for a moment? going to address the ever-escalating ance for high-risk patients, but an indi- Mr. FLEMING. Yes, I would be happy costs. vidual has a real problem. I, as an indi- to. What do you think about it, JOHN? vidual, going in with a problem am not Mr. FLEMING. Well, I quite agree, Mr. ROE of Tennessee. I just want to give a brief example. insurable. with you, Dr. ROE. Well, how do you do that, how do you I would like at this moment—and I I was home this past week, and I make that same group market avail- think it would be a fitting time for spoke to one of my partners, Dr. Lewis. able for an individual that you have for this—to quote an excerpt from The Dr. Lewis had a patient who had a fer- large businesses? Wall Street Journal, today’s edition, tility problem, which he helped her Well, you eliminate State lines. You where there’s an editorial, probably the with. She was able to become pregnant, take the State lines out, and you allow best editorial I’ve ever read. but miscarried. She lost her baby. Her association health plans to be formed, For those of you who are watching husband worked for the State Depart- and then the individual market be- tonight, I would strongly recommend ment and was sent to England. Appar- comes a very large group market. Costs that you read a copy of, again, today’s ently, when the American employees go down, and the preexisting condition Wall Street Journal editorial. I’m are sent to England, they get private problem goes away. going to read just an excerpt. Here is insurance. Well, she wanted to move on Number two, I think that a person what it says. Again, these are financial with her fertility evaluation, so she shouldn’t be bankrupted if a person experts who are writing this. This is first had to go through the public sys- gets ill. I think, if you become ill probably the widest read newspaper in tem before she could access the private through no fault of your own, you the country, period, even more than system in England. She went there and shouldn’t go into bankruptcy. I think USA Today, and they’re certainly the she didn’t see the doctor. She saw a that’s a fairly simple thing. most intelligent and best-trained fi- nurse. What are you going to do for low-in- nancial people. The nurse said, Well, you need to see come people who can’t afford these It says: Speaker PELOSI has report- the doctor for your fertility problem. things? Well, you can have subsidies or edly told fellow Democrats that she is That will be a year.

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.096 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12192 CONGRESSIONAL RECORD — HOUSE November 2, 2009 She was going to have to wait a year plan that’s out there that didn’t meet done the math. They cannot figure out to see the fertility doctor. Well, she these cost expectations, and this one where they are going to get the extra 5, had a visit planned back home in a few won’t either. 10, 15 percent. I mean, most businesses weeks; and while she was home, she For our seniors, I know they get it, today operate on a margin of around 5 called her doctor, Dr. Lewis, who got but I want you to listen, and you can percent of gross income. Well, when her into the office in 1 week. He got her do the math. This plan, according to you add overhead of another 15 percent, back on her treatment, and she is now CBO, is going to be financed by taking that means you are upside down by 10 back in England. Hopefully, it will be $400 to $500 billion out of an under- percent. The bottom line is that every- successful. funded Medicare plan that’s going body, not just the high-income people, Those are the kinds of delays that broke by 2017. That’s the last number everybody is going to be paying more you’re going to see. This is just one ex- that I saw. That it would be upside in either taxes or premiums or both. ample. I could spend the rest of the down, more money going out than com- Everybody is going to be getting less night giving these examples. ing in. access to care. Yes, less access to care. Dr. Fleming, I want to get into the We are going to take $400 to $500 bil- Again, just quickly going back to cost because that’s something that lion out of that plan. We are then going Canada, remember in Canada, care is isn’t talked about in this CBO report. to add between 3 and 3.5 million sen- free for everybody. It’s universal, 100 Now, the CBO report we got said this is iors, our baby boomers that are hitting percent. Well, only one out of six peo- going to be deficit-neutral. Well, I Medicare age, beginning in 2011. That ple have a family doctor in Canada. want to go back through history a lit- will be between 30 and 35 million new They actually have a lottery system. tle bit. Let’s look at the history of recipients in the next 10 years. Yes, it’s 100 percent universal. Unfortu- Medicare, of Medicaid, of the Then in 2 years, in 2011, we are going nately, you can’t get in the system. TennCare, and of the Massachusetts to cut provider pay by as much as 25 They close hospitals down. plan. I’ll just briefly and quickly go percent. We are going to now add 30 to Even Cuba claims to have universal 35 million more people. We are going to through them. health care and medicine is free. The In 1965, when Medicare was passed, it cut $400 to $500 billion and cut our pro- only problem is they’ve got no medi- viders. Let me tell what you that adds was passed as a plan that was going to cine. So what good is free when it isn’t up to. They get it. I was home this be about a $3 billion to $4 billion plan. available? That is the direction that we weekend and spoke to many. Our sen- The CBO estimate was that, in 25 are taking here if we go off this way. iors are genuinely worried. Just to kind of summarize my com- years, by 1990, this would be a $15 bil- They know, number one, when you do lion plan. Fast forward to 1990. This ments on this, that is that every health that, you are going to cut access, be- care model in the world looks at two was a $90 billion plan. They missed it cause when you cut that much money just a tad there. Today, it’s over a $400 possibilities, two options to save out, you are going to have a very dif- money. One is to bring it down to the billion plan. It’s about $428 billion. ficult time getting to your doctor. If unit between the doctor and the pa- The Medicaid program has gone up 37 you can’t get to your provider, you are tient and give them both a stake in times since its inception. going to cut quality. Number three, to what the total cost is, not necessarily The Massachusetts plan had a noble get there, you are finally going to in- pay completely out of pocket but at goal, which was to try to cover as crease your own costs because you are least pay a portion of it, and that’s many of its citizens as possible. That’s going to have to pay more for the care where health savings accounts make absolutely what we should try to do in you are getting; without a doubt, you savvy consumers out of patients. Ei- an affordable way. In Massachusetts are. now, they’re at around 97 percent cov- We have seen it in our State, as I ther that, in which they have a stake erage. said. We will go into it in more detail, in controlling costs, or you have a giant bureaucracy such as in Canada b 2115 but, Dr. FLEMING, I would like to hear your comments about financing this. and the UK, in which case you have to Government spending on health care Mr. FLEMING. One thing that I have long lines and rationing. It’s one is up 70 percent since 2006. Between think can be said about this bill that’s way or the other. then and 2009, that’s just 36 short pretty obvious, and that is by virtue of America, you are going to have to de- months. In TennCare—and we will go a lot that you have said tonight, Dr. cide what you want. Today, we don’t into that a little bit more. The reason ROE, is that everyone will see costs go have the ideal thing. We need to im- it’s important to go into TennCare and up. There is individual mandates, so prove the system we have. But if we go what’s happening in Massachusetts is even individuals who don’t sign up for with the public option, which will lead because that’s basically what the basis insurance will pay 2.5 percent taxes, to single payer, then we are going to go of a lot of this plan is that we are de- which they don’t have to pay. That’s down the road of rationing and long bating tonight. middle class, even lower socioeconomic lines. There is no doubt about that. TennCare, which started in 1993 with class taxation. And even Members of the other side of a $2.6 billion Medicaid plan, by 2004, There will be taxation on health sav- the aisle said that’s where they want to just 10 years later, 11 years later, it ings accounts that does not exist be. was at 7.5 billion and would go to 8.5 today. Taxpayers will see their taxes Mr. ROE of Tennessee. I think one of billion in 11 years, which almost bank- increase. An employer will see their the things I want to talk about now— rupted our State. Today our State is in net tax go from 35 percent marginal and we have been joined here by Dr. such dire financial—and this is with rate today to 39 when the Bush tax cuts BURGESS, our good friend from Texas— the stimulus money that came in—that expire. Then another 5 percent above I think, where is the money coming we can no longer add any further chil- that, they will get to marginal rates of from to pay for this? I think at the end dren to the State Children’s Health In- 45 percent, which most of those higher- of the day, when a patient comes to me surance Plan. income individuals in that range are in my office and sees me, am I going to I got a letter from Governor Phil small business owners, which means be able to deliver better care when we Bredesen, who is a Democrat, who is a that they will have to reduce other pass this in the House, if the House health care expert, I might add, and benefits or reduce pay or reduce num- does pass this 2,000-page bill? The an- has done a very fine job in Tennessee ber of employees. That’s all there flat swer is no. Will access go down? I be- managing this along with the Repub- is to it. There are only so many places lieve it will. Will costs go up? I believe lican legislature. They have worked to- you can cut. they will. gether to try to control these costs. Mr. ROE of Tennessee. Have you had You mentioned about the individual What the Governor said is that in the any of your constituent businesspeople mandate. So people understand what next 5 years this will add $735 million, come to you and say, if this plan passes that is, you are a person working out which we do not have. If certain other as they understand it, they are out? there as a painter or you work in a stipulations are placed on this plan, it Their business is closed? I have. small business or whatever and you could be in the billions of dollars. We Mr. FLEMING. I have. I have had a don’t have health insurance. You have seen every single government number of them say that. They have choose not to buy it if it’s offered at

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.097 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12193 your group, or you just choose not to. The gentleman talked about how we effect that this bill will have on jobs You will pay 2.5 percent of your total pay for it. Some significant cuts to the and job creation. More people are con- income into this exchange as a penalty. Medicare program in order to fund a cerned about jobs in this country than Well, what’s happened in Massachu- new entitlement; a lot of people have they are about health care right now setts? Let me sort of go over that for difficulty with that. by a factor of 4 to 1. We are going to go just a moment. They have a mandate. But what about the taxes? What over 10 percent, in all likelihood, on That experiment is being tried right about the promise that there will be no Friday when the jobs report comes up now in the State of Massachusetts. taxes on individuals in the middle from the Department of Labor, will be The Harvard Pilgrim Health Care class, no taxes on individuals who earn the first double-digit unemployment in plan found from April of 2008 until less than $250,000 a year? And yet, we this country in decades. March of 2009, 1 year, they found that are going put a tax on so-called Cad- People are concerned about jobs; yet, 40 percent of their new enrollees kept illac insurance premiums. We are going at the same time, our small business their insurance for only 5 months. Dur- to put a tax on medical devices. people, the people that we, as politi- ing that 5-month period of time, the I did a press event this morning at a cians, say they are the backbone of the average payment was $2,400 a month; library where I distributed copies of economy of America, they are the en- whereas, the average person who just the bill for people who wanted to read gine that drives economic growth, they had part of their plan was $350 a the bill. A woman said, Well, then on are scared to death of what we are month. People were waiting because my $1,000 insulin pump, am I going to going to do to them in the coming you don’t have any—in Massachusetts, have to pay a 15 percent tax? I said, months. They are scared of this health Well, at some point someone will. She you cannot be denied coverage, and you care bill. They are scared of an 8 per- said, Well, how will that be assessed? I get a community rating, meaning that cent payroll tax that may be levied said, My understanding is it will be everyone pays the same rate. What upon them. They are scared of what we like a sales tax or value added tax. She people are doing is they are waiting are going to do in cap-and-trade, and did some quick math and said, That’s a until they get sick, at least in this they are scared of what we are going to lot of money to add to my already Harvard Pilgrim plan. Then when they do in financial regulation, not to men- stressed budget trying to cover my get well, they drop their insurance and tion the fact that there are significant medical expenses, because I do have di- pay the 2.5 percent penalty. tax increases just around the corner abetes. The other is an 8 percent penalty on when the tax laws of 2001 and 2003 ex- business, which is a payroll tax. Basi- Ten percent of people earning under $50,000 a year, 10 percent of the taxes pire. cally, a business will pay 8 percent of This is a debate that we must keep at its payroll into this exchange or into will be paid by people who earn under $50,000 a year. Ninety percent of the a fever pitch all week. This is the op- the government. Well, if you are pay- portunity. Now is the time to aggres- ing 10 or 12 percent now, then what you taxes are going to be paid by people who earn under $240,000 a year. Clearly, sively document and talk about what is are going to do is you are going to drop in this bill. Doesn’t really matter so that if you can and get into the public this is a tax on the middle class. That is how it’s going to be paid for. much about what I think, what I would option. do if I was in charge. Right now, the Well, I started thinking about this I did have some people ask me, Well, task before us is to lay out to the the other night. It’s the first time be- if the benefits don’t kick in for 4 years, American people what is in this bill, fore, in my business, in my medical is there perhaps not a way to, if this practice, I negotiated the health insur- passes, if no one can stop this and the let them see for themselves whether ance policy every year as a separate Speaker gets her way and this bill they like it or not. Then, Madam cost than payroll. Now what’s going to passes on Thursday or Friday or Satur- Speaker, the American people need to happen is your health care costs are day, what about, then, since the bene- tell us. tied directly to the payroll, meaning fits don’t kick in for a while, maybe we Quite honestly they will have a that if you give your employees a raise, can dial it back over the next several chance on Thursday at noon, the west you have also just raised your health years. My concern there is if we al- front of the Capitol, the people will care premiums. You put those linked ready start collecting the taxes for a have an opportunity to speak up about together for the first time, and I think benefit that is to occur in the future, it this bill. that’s not good for the person out there may be very, very difficult to indeed b 2130 dial back the portion of this bill if we working. Mr. ROE of Tennessee. Dr. BURGESS, I am going to yield now to my good are going to—the sensible thing to do would be to hit the pause button, the thank you for your comments. Also, friend, Dr. BURGESS from Texas. Thank just so people understand, it is not just you for joining us, and we have been reset button. Let’s sit down and figure out really what the American people an insulin pop. It is any medical device joined also this evening by Dr. CASSIDY that we are talking about. It could be from Louisiana. want us to do. a wheelchair; it could be a prosthetic Dr. BURGESS. We heard participatory democracy Mr. BURGESS. I thank the gen- all the way through the month of Au- device, if you have a leg that is a pros- tleman from Tennessee for yielding. gust. I know. I was on a listening tour thetic device; if you have stents in I was watching the events of this of sorts through my town halls in my your heart or hip replacements. And Special Order hour as you all were dis- district. Some people were quite vocif- who is going to pay that? The con- cussing it earlier. I felt like I needed to erous about what they felt about this sumer is going to pay that, we know come over and talk for just a minute bill, both pro and con. But I felt that, that, the person that is getting that de- about words we heard on the floor of after listening to her this summer, vice. What we don’t want to see is this this House the middle of September that we would come back here to Con- unbelievable amount of innovation that this bill could be passed, and it gress and perhaps sit down and try to that has occurred. would be entirely paid for, not one rethink where we were. It was almost Dr. BURGESS, what comes to mind for dime would be added to the deficit. as if the Democratic leadership said me is the equipment we use for a The American people look at this, that didn’t happen, it didn’t matter. It laparoscopically assisted whatever the figure is, 890 billion, 1.055 was some sort of national fugue state. hysterectomy. When we first started, trillion, 1.4 trillion, whatever the num- This was all an illusion this August. those took us 5 to 6 hours because we ber is, and they know a statement that People really weren’t upset with the didn’t have the equipment to do it it will not add one dime to the deficit bill. They just wanted it so badly that with. Now it is a 1-hour procedure be- is, on its face, preposterous. No one be- you misinterpreted their passion be- cause of the new equipment that is lieves that. Yet if we are asking people cause they want the government to there. Patients have benefited tremen- to believe that statement, what else is control. They want the government to dously from this. Did it cost money to hidden in this bill that we are not tell- take over the health care system in do this? Yes, it did. But I look at the ing you, because again, clearly, the this country. advantages for the patient. I don’t American people do not believe us on One of the other things, and I don’t want to see that innovation brought to that. think we can underestimate this, is the a halt, and I fear it will be.

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.098 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12194 CONGRESSIONAL RECORD — HOUSE November 2, 2009 Mr. BURGESS. Well, if the gen- Now, does it lower administrative are absolutely dead right on this. In tleman will yield for a moment on that costs? You almost have to laugh, be- my district, I visited four businesses, point, minimally invasive surgery has cause it creates 111 new bureaucracies, one is the City of Johnson City, Ten- changed the face of operations like boards, commissions. You name it, it nessee, where I was mayor. Another is hysterectomy operations, like a chole- clearly expands administrative costs. Holston Munitions, or BAE Corpora- cystectomy, removal of the gall blad- Does it incentivize healthy lifestyles? tion. der. I am sure you remember, I remem- I actually read that provision today, They have instituted a wellness pro- ber when I was in medical school and a and it gives grants to small businesses gram that in the last 5 years they have resident, this large incision that would that come up with innovative ways in not had a premium increase. What they go underneath the person’s rib cage. which you can make employees have done is they have basically They would be in the hospital 7 days; healthier. But it is very vague and very incentivized behavior, for instance, not because their gall bladder surgery gauzy. And I kept thinking of that smoking. was that traumatic, it was the incision small businesswoman who is really If you smoke, and one of my good that was traumatic. struggling to make ends meet, trying friends had a patient come to him the Now it can be done laparoscopically not to lay people off. What is the like- other day, and he said last spring, and through two or three 1-centimeter inci- lihood that she is going to take 2 hours this was in June, she said I have to quit sions. That patient is out of the hos- a day to write a grant application to smoking by the first of July. He pital the next day, or sometimes even submit to the Federal Government on thought, that is pretty good. I am glad the same day if it is done in a surgery the hope they will give her $150 per em- to hear that. They’ve been trying to center, and that has vastly decreased ployee, which is the maximum allowed, get you to quit for several years. But the cost of hospitalization for that pro- in order for her to come up with a why are you going to quit? She says cedure and that has vastly decreased wellness program? That is something well, my insurance changes and they the cost of the time lost from work for written by a Washington bureaucrat, are going to penalize me if I smoke. It people in recovery for operations like not by someone who knows the travails is going to cost me money. gall bladder removal and of a small business person. So, if you don’t smoke, or you get hysterectomy. Lastly, transparency. Frankly, I just your hemoglobin A1C, which is the way I yield back. find it unbelievable that a bill that cre- we monitor your sugar and diabetes, to Mr. ROE of Tennessee. I thank the ates 111 boards and commissions will be get your hemoglobin A1C down, you gentleman. transparent. lose weight, they will pay you for that. We have been joined by Dr. CASSIDY That said, what are the alternatives? So you can earn the money back. And from Louisiana. I yield to Dr. CASSIDY. I think we would all agree from our they have done that with their We thank you for being here this own experience, patient-centered care wellness program and been wildly suc- evening. can work. For example, you have got Mr. CASSIDY. You know, I agree cessful. great anecdotes about health savings To tag-team into your health savings with almost everything Congressman accounts. Congressman FLEMING, who account, just me personally in 2 years, BURGESS said, except for one thing, in just left, I love his story about a health that I do think it is important to dis- and people will say that, well, you savings account. can’t use that in Medicaid or you can’t cuss our Republican alternatives, be- For those who don’t know what they use that, I absolutely disagree with cause, frankly, part of the rationale, are, with traditional insurance poli- that. In our own medical practice, of the steamroll we are on, is there is no cies, a family of four, you put up $12,000 the 294 people that get insurance other option. We have, as the President a year. If you use the insurance, you through our practice, 84 percent use a has said, the cost of doing nothing, the may get some of your money back, but costs will double over the next 10 at the end of the year it is gone, and health savings account. These are the years, and that is an inflation rate of you put up another $12,000 for the next folks that check you in at the front about 7 percent if it compounds. year. and draw the blood and the nurses that Well, as it turns out, since the cost With a health savings account, you assist us and so forth. So it works very according to the Congressional Budget sluice off some of that money and you well for everybody. We all respond. Office of the reforms before us—the in- put it into a banking account, and that Mr. CASSIDY. If the gentleman will flation rate is 8 percent per year— banking account is yours and you can yield for just a second, this bill specifi- under the reform proposals before us, spend it on the things which you cally excludes small businesses from costs more than double in 10 years. At choose. But at the end of the year, if doing what you described as a wellness a minimum, reform should not be more you haven’t spent it, you keep it. program. That effective program is costly than the status quo. With the traditional policy, you start specifically excluded. So the patient- That said, I think it is important for over. With the health savings account, centered program which was so suc- us to discuss alternatives. I think we you conserve that money and it is cessful in Johnson City is not allowed can all agree on the goals. We need to there for you the next year. It rolls in that 2,000-page bill. control costs. I am with the President over, and it is that much less you have Mr. BURGESS. If the gentleman on this. If we cannot control costs, we to put forward. It changes the psy- would yield, you bring up a great point cannot expand access to quality care. chology. We know that. about tobacco. One of the problems Now, as it turns out, we three are But just to explain it, in a patient- with this bill is you are not allowed to physicians. We know that if the patient centered account, a patient was telling rate on tobacco use. In fact, there will is in the middle of the process, then me, he goes to a doctor. The doctor be only 2 ratings bands, based on age. costs are controlled. There is a report writes him a prescription, $159. He Health savings accounts—I am a big by McKinsey & Company and it talks says, doctor, you have given this to me believer. I have had a medical savings about the three imperatives for health before. It is $159. Listen, I have got a account since 1996. I skipped for a few care reform, and they are to decrease health savings account. Can you write years when I came up here, and we the administrative costs—so much me something cheaper? He goes, oh, I didn’t have them available. Now I have money goes to administration; to have am sorry. He writes him a $20 generic, it established again, and it is working transparency, so that when a patient so the system just saved $139. very, very well. But the problem is, goes in for her knee surgery, she knows I actually think the power of mil- that will not be a qualified plan. It will before the surgery how much it will lions of individuals making decisions not meet the minimum benefit stand- cost her, not find out a month later; at $139 a decision has more ability to ards under the new health care and, lastly, incentivize healthy life- control costs than 111 boards and com- commissar that is going to be devel- styles. So in a patient-centered plan we missions in Washington, D.C., that are oped by this bill that we have before should lower administrative costs, in- attempting to control health care in us. So the very thing that may lead to crease transparency, and incentivize all the small towns across the United a reduction in costs, we are not going healthy lifestyles. States. to be allowed to have. So I would like to compare it to the Mr. ROE of Tennessee. If the gen- Now, since the gentleman disagreed 2,000-page, $1 trillion, 20-pound bill. tleman will yield for a moment, you with me, I do feel obligated to point

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.100 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE November 2, 2009 CONGRESSIONAL RECORD — HOUSE H12195 out that it is not that Republicans It is amazingly complex, and the we are discussing this week, and, as Dr. don’t have alternatives or shouldn’t devil is in the details. When you start FLEMING said, we are probably going to have alternatives. I individually have reading the details, and I did begin the vote on this week. 20 bills dealing with health care under details today, that is where you begin So I think that this needs to be my name and have cosponsored at least to see what you lose in this. looked at as quickly as we can by the 30 additional bills. There are a plethora Mr. CASSIDY. If the gentleman American people to try to peel this of bills out there with Republican would yield, I was a little late coming onion back, so to say, and look at names that do everything from fix the over here because we were having a what’s there. I appreciate my col- problems that doctors have with the telephone town hall. For the folks who leagues being here tonight, and we’ll be sustainable growth rate formula in are watching, that is where we from here throughout this week to further Medicare to liability reform. They are Washington have a phone call that goes discuss this bill and what is in this bill. not part of this bill. They are not part out to thousands of people in our dis- f of the discussion this week. What is the trict, and we have a telephone town discussion this week is that mon- hall. LEAVE OF ABSENCE strosity behind the gentleman. There was a woman that got on and By unanimous consent, leave of ab- It is our obligation, it is our obliga- she just nailed it. You pointed out, we sence was granted to: tion to our patients and to our profes- have a 2,000-page, $1 trillion bill that Mr. ABERCROMBIE (at the request of sion to kill this bill so we can then was introduced last Thursday that we Mr. HOYER) for today and November 3. begin to talk about some of the alter- are going to vote on this coming Fri- Mr. DAVIS of Tennessee (at the re- natives that are rational, because it day that is going to remake 17 percent quest of Mr. HOYER) for today and No- makes no sense to preclude a wellness of our gross domestic product, dras- vember 3. program simply because it doesn’t fit tically affecting the health care for us Mr. DEFAZIO (at the request of Mr. into some chairman’s idea of what a all. HOYER) for today on account of travel health care bill should look like, some If it seems kinds of crazy that we difficulties. chairman who might have been here would do that, this woman calls in, Re- Mr. LUCAS (at the request of Mr. since 1974, by the way. becca, and I happen to know the fam- That is the problem we have before BOEHNER) for today on account of fam- ily, I didn’t realize it was from her ily illness. us this week, is this bill. After we get family, and they are very bright peo- rid of this bill, after we get past this Mr. PATRICK J. MURPHY of Pennsyl- ple, very hardworking, good people. vania (at the request of Mr. HOYER) for bill, yes, we can begin to talk about So here is kind of her quote. She those things to provide benefit to the today, November 3 and 4 on account of went to the Kaiser Family Foundation the birth of a child. American people, help to the American site to determine what her costs would people who actually need it. f be under the bills before Congress, and You said it earlier in this hour. It is she figured out that her family’s costs SPECIAL ORDERS GRANTED that 8 to 10 million people that have a preexisting condition. If we could make would double. By unanimous consent, permission to She says a small business is going to their problem go away, and we can, the address the House, following the legis- do a cost-benefit analysis, and they are Congressional Budget Office estimates lative program and any special orders just going to dump patients upon the between $8 billion and $20 billion over heretofore entered, was granted to: 10 years. That is a far cry from $1 tril- public option because, why shouldn’t (The following Members (at the re- lion. We could make that problem go they? Now, she says, I am quoting her, quest of Ms. WOOLSEY) to revise and ex- away with State reinsurance programs it seems like the people writing this tend their remarks and include extra- and State high-risk pools. We have are obtuse. They are not writing this neous material:) that power within our hands. Some for the middle class of the Nation. It is Ms. WOOLSEY, for 5 minutes, today. people may argue that constitutionally not centered on the patient. It feels Mr. MCNERNEY, for 5 minutes, today. we don’t have that power, but it would rushed. It doesn’t make sense; 2,000 Mr. DEFAZIO, for 5 minutes, today. be a darn sight better than what we are pages, one week to digest it. It feels (The following Members (at the re- talking about doing tonight. rushed. quest of Mr. BURTON of Indiana) to re- Mandates have no place in a free so- She finishes up by saying, for all the vise and extend their remarks and in- ciety. There was no mandate that re- possible plans, our premiums will dou- clude extraneous material:) quired me to buy an iPod, yet everyone ble. It is very expensive. You can’t get Mr. POE of Texas, for 5 minutes, No- in the country has an iPod or iPhone ahead. The more productive a citizen vember 6 and 9. today because it is a great product, and you try to become, it is like you take Mr. JONES, for 5 minutes, November 6 everyone wants one. That is what we one step forward and go two steps and 9. should be looking at in our insurance back. Ms. FOXX, for 5 minutes, today, No- policies, how to create products that This is a bill which is two steps back. vember 3, 4, 5, 6 and 9. Mr. BURGESS. If the gentleman people actually want, not making Mr. MCHENRY, for 5 minutes, today, someone take a policy that the insur- would yield on one point, it is hard to November 3, 4, 5 and 6. see if we make health care more expen- ance company says I can make money Mr. WILSON of South Carolina, for 5 selling. That is where we will go with sive that we are going to make it more minutes, November 3. affordable. mandates. Mr. HASTINGS of Washington, for 5 Mr. ROE of Tennessee. Reclaiming I yield back my time. minutes, November 3, 4 and 5. Mr. ROE of Tennessee. I think, in my time, I would also say it takes Mr. BURTON of Indiana, for 5 minutes, summary, in closing up this evening, away personal freedom to decide what November 6. is best for your family. For instance, in what we have got this week is a discus- my family now we don’t need fertility sion, I think the single biggest social f evaluations that maybe other families discussion we have had in this Nation ENROLLED BILLS SIGNED in 50 years, since Medicare. The chal- do need. They should be able to pur- Lorraine C. Miller, Clerk of the lenge is how do we make health care chase those if they need to. House, reported and found truly en- I want the viewing public tonight to affordable, and how do we provide it for rolled bills of the House of the fol- take a peak at H.R. 3962, which is a new the citizens now who don’t have it? lowing titles, which were thereupon name for H.R. 3200. I would encourage I think, as Dr. BURGESS stated just a signed by the Speaker: you to begin to read this. It will take moment ago, that right now, the bill some time. But the American people before us, they are not our solutions. H.R. 2996. An act making appropriations We keep hearing there are no Repub- for the Department of the Interior, environ- did read H.R. 3200. They actually did. I ment, and related agencies for the fiscal year had hundreds that came to me at town lican solutions. There absolutely are. ending September 30, 2010, and for other pur- halls that printed it off the Internet They are not on the table. They are not poses. and read it. It is probably just out on being discussed. This bill right here, H.R. 3606. An act to amend the Truth in the Net. H.R. 3962, all 1,990 pages, that is what Lending Act to make a technical correction

VerDate Nov 24 2008 02:45 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K02NO7.101 H02NOPT1 smartinez on DSKB9S0YB1PROD with HOUSE H12196 CONGRESSIONAL RECORD — HOUSE November 2, 2009 to an amendment made by the Credit CARD October 15, 2009, pursuant to 5 U.S.C. ting the Department’s final rule — Safety Act of 2009. 801(a)(1)(A); to the Committee on Transpor- Zone; National Cherry Festival July 4th tation and Infrastructure. Fireworks, Traverse City, Michigan [CGD09- f 4401. A letter from the Attorney Advisor, 06-108] (RIN: 1625-AA00) received October 15, SENATE ENROLLED BILL SIGNED Department of Homeland Security, transmit- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Safety Committee on Transportation and Infra- The Speaker announced her signa- Zone; Coast Guard Live Fire Exercise, Gulf structure. ture to an enrolled bill of the Senate of of Mexico, FL [COTP Sector St. Petersburg, 4412. A letter from the Attorney Advisor, the following title: FL 07-206] (RIN: 1625-AA00) received October Department of Homeland Security, transmit- S. 1929. To provide for an additional tem- 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Safety porary extension of programs under the the Committee on Transportation and Infra- Zone; National Cherry Festival Finale Fire- Small Business Act and the Small Business structure. works, Traverse City, Michigan [CGD09-06- Investment Act of 1958, and for other pur- 4402. A letter from the Attorney Advisor, 109] (RIN: 1625-AA00) received October 15, poses. Department of Homeland Security, transmit- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Security Committee on Transportation and Infra- f Zone; Garrison Channel, Florida [COTP Sec- structure. ADJOURNMENT tor St. Petersburg, FL 07-200] (RIN: 1625- 4413. A letter from the Attorney Advisor, AA87) received October 15, 2009, pursuant to Department of Homeland Security, transmit- Mr. ROE of Tennessee. Madam 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety Speaker, I move that the House do now Transportation and Infrastructure. Zone; TCF Bank Milwaukee Air Expo, Mil- adjourn. 4403. A letter from the Attorney Advisor, waukee, Wisconsin [CGD09-06-112] (RIN: 1625- The motion was agreed to; accord- Department of Homeland Security, transmit- AA00) received October 15, 2009, pursuant to ting the Department’s final rule — Safety ingly (at 9 o’clock and 46 minutes 5 U.S.C. 801(a)(1)(A); to the Committee on Zone; July 4, 2006 Fireworks, Manitowoc, Transportation and Infrastructure. p.m.), under its previous order, the Wisconsin [CGD09-06-097] (RIN: 1625-AA00) re- 4414. A letter from the Attorney Advisor, House adjourned until tomorrow, Tues- ceived October 15, 2009, pursuant to 5 U.S.C. Department of Homeland Security, transmit- day, November 3, 2009, at 8 a.m., for 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety morning-hour debate. tation and Infrastructure. Zone; Bauernfind/Morris Wedding Fireworks, 4404. A letter from the Attorney Advisor, Betsie Lake, Frankfort, MI [CGD09-06-115] f Department of Homeland Security, transmit- (RIN: 1625-AA00) received October 15, 2009, EXECUTIVE COMMUNICATIONS, ting the Department’s final rule — Safety pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ETC. Zone; Marinette July 4th Celebration, mittee on Transportation and Infrastruc- Marinette, Wisconsin [CGD09-06-098] (RIN: ture. Under clause 2 of Rule XXIV, execu- 1625-AA00) received October 15, 2009, pursuant 4415. A letter from the Attorney Advisor, tive communications were taken from to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- the Speaker’s table and referred as fol- Transportation and Infrastructure. ting the Department’s final rule — Security lows: 4405. A letter from the Attorney Advisor, Zone; Captain of the Port Lake Michigan, Department of Homeland Security, transmit- Chicago River, Chicago, IL [CGD09-06-116] 4394. A letter from the Auditor, District of ting the Department’s final rule — Safety (RIN: 1625-AA00) received October 15, 2009, Columbia, transmitting a copy of the report Zone; Fourth of July Fireworks, Au Sable pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- entitled, ‘‘Auditor’s Certification Review of River, Oscoda, MI [CGD09-06-099] (RIN: 1625- mittee on Transportation and Infrastruc- the Accuracy of Initiatives and Key Perform- AA00) received October 15, 2009, pursuant to ture. ance Indicators Set Forth in the Department 5 U.S.C. 801(a)(1)(A); to the Committee on 4416. A letter from the Attorney Advisor, of Consumer and Regulatory Affair’s Fiscal Transportation and Infrastructure. Department of Homeland Security, transmit- Year 2008 Performance Accountability Re- 4406. A letter from the Attorney Advisor, ting the Department’s final rule — Security port’’, pursuant to D.C. Code section 47- Department of Homeland Security, transmit- Zone; Captain of the Port Lake Michigan, 117(d); to the Committee on Oversight and ting the Department’s final rule — Safety Milwaukee, WI [CGD09-06-119] (RIN: 1625- Government Reform. Zone; Petoskey Fourth of July Fireworks, AA87) received October 15, 2009, pursuant to 4395. A letter from the Auditor, District of Petoskey, Michigan [CGD09-06-100] (RIN: 5 U.S.C. 801(a)(1)(A); to the Committee on Columbia, transmitting a copy of the report 1625-AA00) received October 15, 2009, pursuant Transportation and Infrastructure. entitled, ‘‘Audit of the Office of the People’s to 5 U.S.C. 801(a)(1)(A); to the Committee on 4417. A letter from the Attorney Advisor, Counsel Agency Fund for Fiscal Year 2004’’, Transportation and Infrastructure. Department of Homeland Security, transmit- pursuant to D.C. Code section 47-117(d); to 4407. A letter from the Attorney Advisor, ting the Department’s final rule — Safety the Committee on Oversight and Govern- Department of Homeland Security, transmit- Zone; Air show Practice Flights, Milwaukee, ment Reform. ting the Department’s final rule — Safety Wisconsin [CGD09-06-120] (RIN: 1625-AA00) re- 4396. A letter from the Auditor, District of Zone; City of Sheboygan 4th of July Celebra- ceived October 15, 2009, pursuant to 5 U.S.C. Columbia, transmitting a copy of the report tion, Sheboygan, Wisconsin [CGD09-06-102] 801(a)(1)(A); to the Committee on Transpor- entitled, ‘‘Auditor’s Review of Fiscal Over- (RIN: 1625-AA00) received October 15, 2009, tation and Infrastructure. sight of the 2008 Summer Youth Employment pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4418. A letter from the Attorney Advisor, Program’’, pursuant to D.C. Code section 47- mittee on Transportation and Infrastruc- Department of Homeland Security, transmit- 117(d); to the Committee on Oversight and ture. ting the Department’s final rule — Safety Government Reform. 4408. A letter from the Attorney Advisor, Zone; Festa Italiana Fireworks, Milwaukee, 4397. A letter from the Auditor, District of Department of Homeland Security, transmit- Wisconsin [CGD09-06-124] (RIN: 1625-AA00) re- Columbia, transmitting a copy of the report ting the Department’s final rule — Safety ceived October 15, 2009, pursuant to 5 U.S.C. entitled, ‘‘Audit of the Office of the People’s Zone; Shopko Fireworks Celebrate 801(a)(1)(A); to the Committee on Transpor- Counsel Agency Fund for Fiscal Year 2003’’, Americafest, Green Bay, Wisconsin [CGD09- tation and Infrastructure. pursuant to D.C. Code section 47-117(d); to 06-103] (RIN: 1625-AA00) received October 15, 4419. A letter from the Attorney Advisor, the Committee on Oversight and Govern- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Homeland Security, transmit- ment Reform. Committee on Transportation and Infra- ting the Department’s final rule — Moving 4398. A letter from the Auditor, District of structure. safety zone; YMCA Lake Michigan Swim, Columbia, transmitting a copy of the report 4409. A letter from the Attorney Advisor, Lake Michigan [CGD09-06-125] (RIN: 1265- entitled, ‘‘Auditor’s Certification Review of Department of Homeland Security, transmit- AA00) received October 15, 2009, pursuant to the Office of the State Superintendent of ting the Department’s final rule — Safety 5 U.S.C. 801(a)(1)(A); to the Committee on Education’’, pursuant to D.C. Code section Zone; Boyne City July 4th Fireworks, Boyne Transportation and Infrastructure. 47-117(d); to the Committee on Oversight and City, Michigan [CGD09-06-106] (RIN: 1625- 4420. A letter from the Attorney Advisor, Government Reform. AA00) received October 15, 2009, pursuant to Department of Homeland Security, transmit- 4399. A letter from the Auditor, District of 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety Columbia, transmitting a copy of the report Transportation and Infrastructure. Zone; Venetian Night Fireworks, Saugatuck, entitled, ‘‘Audit of the Public Service Com- 4410. A letter from the Attorney Advisor, Michigan [CGD09-06-126] (RIN: 1625-AA00) re- mission Agency Fund for Fiscal Year 2005’’, Department of Homeland Security, transmit- ceived October 15, 2009, pursuant to 5 U.S.C. pursuant to D.C. Code section 47-117(d); to ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- the Committee on Oversight and Govern- Zone; Sturgeon Bay Fireworks, Sturgeon tation and Infrastructure. ment Reform. Bay, Wisconsin [CGD09-06-107] (RIN: 1625- 4421. A letter from the Attorney Advisor, 4400. A letter from the Attorney Advisor, AA00) received October 15, 2009, pursuant to Department of Homeland Security, transmit- Department of Homeland Security, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety ting the Department’s final rule — Security Transportation and Infrastructure. Zone; Door County Triathlon, Egg Harbor, Zone; Tampa Bay, FL [COTP Sector St. Pe- 4411. A letter from the Attorney Advisor, Wisconsin [CGD09-06-127] (RIN: 1625-AA00) re- tersburg, FL 07-216] (RIN: 1625-AA87) received Department of Homeland Security, transmit- ceived October 15, 2009, pursuant to 5 U.S.C.

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801(a)(1)(A); to the Committee on Transpor- advertising and promotional expenses for H.R. 690: Mr. CHANDLER, Mr. DAVIS of Ala- tation and Infrastructure. prescription pharmaceuticals; to the Com- bama, and Mr. DINGELL. 4422. A letter from the Attorney Advisor, mittee on Ways and Means. H.R. 734: Mr. SMITH of New Jersey. Department of Homeland Security, transmit- By Mr. CUELLAR: H.R. 930: Ms. VELA´ ZQUEZ. ting the Department’s final rule — Safety H.R. 3980. A bill to provide for identifying H.R. 949: Ms. SHEA-PORTER and Mr. POM- Zone; Tonawandas Canal Fest Fireworks, Ni- and eliminating redundant reporting re- EROY. agara River, Tonawanda, NY [CGD09-06-128] quirements and developing meaningful per- H.R. 982: Mr. ADERHOLT, Mr. ALEXANDER, (RIN: 1625-AA00) received October 15, 2009, formance metrics for homeland security pre- Mrs. BACHMANN, Mr. BARTON of Texas, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- paredness grants, and for other purposes; to BILIRAKIS, Mr. FLEMING, Mr. GARRETT of New mittee on Transportation and Infrastruc- the Committee on Homeland Security. Jersey, Mr. JORDAN of Ohio, Mr. KLINE of ture. By Mr. HOLDEN: Minnesota, Mr. LEWIS of California, Mr. DAN- 4423. A letter from the Attorney Advisor, H.R. 3981. A bill to amend title I of the Om- IEL E. LUNGREN of California, Mr. MARCHANT, Department of Homeland Security, transmit- nibus Crime Control and Safe Streets Act of Mr. REHBERG, Mr. ROE of Tennessee, Mr. ting the Department’s final rule — Safety 1968 to eliminate the matching requirement ROGERS of Alabama, Mr. WALDEN, Mr. Zone; Spirit of Racine Triathlon, Racine, for certain bulletproof armor vest purchases WHITFIELD, Mr. BROWN of South Carolina, Wisconsin [CGD09-06-129] (RIN: 1625-AA00) re- under the matching grant program for bul- Mr. CARTER, Mr. CAMPBELL, Mr. COBLE, Ms. ceived October 15, 2009, pursuant to 5 U.S.C. letproof armor vests; to the Committee on GRANGER, Mr. MICA, Mr. SHIMKUS, and Mr. 801(a)(1)(A); to the Committee on Transpor- the Judiciary. STEARNS. tation and Infrastructure. By Mr. KILDEE (for himself, Mr. H.R. 1064: Mr. ROSS. f EHLERS, Ms. KILPATRICK of Michigan, H.R. 1126: Mr. MILLER of North Carolina. Ms. FUDGE, Mr. THOMPSON of Mis- H.R. 1142: Mr. ENGEL. REPORTS OF COMMITTEES ON sissippi, Mr. KISSELL, Mr. HASTINGS H.R. 1168: Mr. MINNICK. PUBLIC BILLS AND RESOLUTIONS of Florida, Mr. CONYERS, Mr. H.R. 1173: Ms. SHEA-PORTER. Under clause 2 of rule XIII, reports of GRIJALVA, Mr. MEEKS of New York, H.R. 1189: Mr. AL GREEN of Texas. committees were delivered to the Clerk Mr. MASSA, Mrs. NAPOLITANO, Mr. H.R. 1207: Mr. HEINRICH. H.R. 1235: Mr. COHEN. for printing and reference to the proper ROTHMAN of New Jersey, Mr. MCGOV- ERN, Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1305: Mr. COHEN. calendar, as follows: fornia, Mr. FILNER, Mr. SABLAN, Mr. H.R. 1326: Mr. RAHALL and Mr. BROWN of Mr. CONYERS: Committee on the Judici- BACA, Mr. CARDOZA, Ms. HIRONO, Ms. South Carolina. ary. H.R. 1110. A bill to amend title 18, MATSUI, Mr. PIERLUISI, Ms. WATSON, H.R. 1454: Ms. NORTON. United States Code, to prevent caller ID Mr. CAO, Ms. CORRINE BROWN of Flor- H.R. 1507: Mr. ACKERMAN. spoofing, and for other purposes; with an ida, Mr. FALEOMAVAEGA, Mr. PAYNE, H.R. 1526: Ms. SLAUGHTER. amendment (Rept. 111–321). Referred to the Mr. CLAY, Mr. COURTNEY, Mr. H.R. 1585: Mr. JACKSON of Illinois. Committee of the Whole House on the State MICHAUD, Ms. BERKLEY, Mrs. H.R. 1677: Mr. SMITH of Washington, Ms. of the Union. CHRISTENSEN, Mr. PLATTS, Mr. SCOTT HERSETH SANDLIN, and Mr. ARCURI. Mr. CONYERS: Committee on the Judici- of Virginia, Mr. MARKEY of Massa- H.R. 1721: Mr. NADLER of New York. ary. H.R. 3596. A bill to ensure that health chusetts, and Mr. CASTLE): H.R. 1792: Mr. BRALEY of Iowa and Mr. insurance issuers and medical malpractice H.R. 3982. A bill to prepare young people in MORAN of Kansas. insurance issuers cannot engage in price fix- disadvantaged situations for a competitive H.R. 1820: Ms. RICHARDSON. ing, bid rigging, or market allocations to the future; to the Committee on Education and H.R. 1821: Ms. SHEA-PORTER. detriment of competition and consumers; Labor. H.R. 1826: Mr. VAN HOLLEN. with an amendment (Rept. 111–322). Referred By Mr. MARKEY of Massachusetts: H.R. 1866: Mr. FARR. to the Committee of the Whole House on the H.R. 3983. A bill to suspend temporarily the H.R. 1895: Mrs. MCCARTHY of New York. State of the Union. duty on certain high-performance loud- H.R. 1932: Ms. MOORE of Wisconsin. Mr. FILNER: Committee on Veterans’ Af- speakers; to the Committee on Ways and H.R. 1964: Mr. PAYNE. fairs. H.R. 1168. A bill to amend chapter 42 of Means. H.R. 1993: Mr. AL GREEN of Texas. title 38, United States Code, to prevent cer- By Mr. MARKEY of Massachusetts: H.R. 2024: Mr. KILDEE. tain veterans with employment training as- H.R. 3984. A bill to suspend temporarily the H.R. 2103: Mr. LEWIS of Georgia and Mr. sistance; with an amendment (Rept. 111–323). duty certain electrical transformers rated at DELAHUNT. Referred to the Committee of the Whole 40VA; to the Committee on Ways and Means. H.R. 2136: Mr. MCGOVERN and Mr. MITCH- House on the State of the Union. By Mr. VAN HOLLEN: ELL. Mr. FILNER: Committee on Veterans’ Af- H.R. 3985. A bill to amend the Internal Rev- H.R. 2149: Mr. MORAN of Virginia. fairs. H.R. 3949. A bill to amend title 38, enue Code of 1986 to provide for a second gen- H.R. 2194: Mr. FRANK of Massachusetts and United States Code, and the Servicemember eration biofuel producer credit, and for other Mr. BOEHNER. H.R. 2254: Ms. FUDGE. Civil Relief Act, to make certain improve- purposes; to the Committee on Ways and H.R. 2256: Ms. MOORE of Wisconsin. ments in the laws relating to benefits admin- Means. H.R. 2269: Mr. ROTHMAN of New Jersey and istered by the Secretary of Veterans Affairs, By Mr. HERGER (for himself, Mr. and for other purposes (Rept. 111–324). Re- Mr. BISHOP of Georgia. CAMP, Mr. SAM JOHNSON of Texas, Mr. ferred to the Committee of the Whole House H.R. 2279: Ms. CORRINE BROWN of Florida RYAN of Wisconsin, Mr. NUNES, and on the State of the Union. and Mr. DOGGETT. Ms. GINNY BROWN-WAITE of Florida): Mr. CONYERS: Committee on the Judici- H.R. 2373: Mr. KING of Iowa. H. Res. 883. A resolution expressing the ary. H.R. 3237. A bill to enact certain laws re- H.R. 2377: Mr. JACKSON of Illinois and Mr. sense of the House of Representatives that lating to national and commercial space pro- WALZ. Members of the House receive the necessary grams as title 51, United States Code, ‘‘Na- H.R. 2406: Mr. GERLACH. cost information regarding health care re- tional and Commercial Space Programs’’ H.R. 2408: Mr. DAVIS of Illinois, Ms. form legislation at least 72 hours before any (Rept. 111–325). Referred to the House Cal- SLAUGHTER, and Mr. HIGGINS. vote on such legislation; to the Committee endar. H.R. 2452: Mr. WOLF, Mr. KING of Iowa, and on Rules. f Mr. MELANCON. f H.R. 2456: Mr. COHEN. PUBLIC BILLS AND RESOLUTIONS H.R. 2487: Ms. ZOE LOFGREN of California. ADDITIONAL SPONSORS Under clause 2 of rule XII, public H.R. 2502: Mr. COURTNEY. bills and resolutions of the following Under clause 7 of rule XII, sponsors H.R. 2528: Mr. ROSS. were added to public bills and resolu- H.R. 2559: Mr. COHEN. titles were introduced and severally re- H.R. 2563: Mr. BARROW. ferred, as follows: tions as follows: H.R. 2567: Ms. VELA´ ZQUEZ and Mr. LARSON By Mr. ROGERS of Alabama: H.R. 32: Mr. COHEN. of Connecticut. H.R. 3978. A bill to amend the Imple- H.R. 197: Mr. HOEKSTRA. H.R. 2568: Mr. AL GREEN of Texas. menting Recommendations of the 9/11 Com- H.R. 198: Mr. SMITH of Nebraska. H.R. 2573: Mr. PASTOR of Arizona. mission Act of 2007 to authorize the Sec- H.R. 272: Mr. DAVIS of Kentucky. H.R. 2579: Mr. KENNEDY, Mr. HONDA, Ms. retary of Homeland Security to accept and H.R. 273: Mr. COFFMAN of Colorado. ZOE LOFGREN of California, and Mr. WALZ. use gifts for otherwise authorized activities H.R. 275: Mr. WALZ and Mr. HUNTER. H.R. 2616: Mr. CARSON of Indiana. of the Center for Domestic Preparedness that H.R. 422: Mrs. MILLER of Michigan. H.R. 2740: Ms. BALDWIN. are related to preparedness for and response H.R. 571: Mr. MCNERNEY and Mr. BERMAN. H.R. 2755: Mr. KENNEDY. to terrorism, and for other purposes; to the H.R. 624: Mr. TIM MURPHY of Pennsylvania. H R. 2817: Mr. PAYNE. Committee on Homeland Security. H.R. 644: Mrs. CHRISTENSEN, Mr. FARR, Mr. H.R. 2897: Mr. KINGSTON, Mr. FILNER, Mr. By Mr. BERRY: SERRANO, and Ms. SHEA-PORTER. WALZ, and Mr. KRATOVIL. H.R. 3979. A bill to amend the Internal Rev- H.R. 646: Mr. ROTHMAN of New Jersey. H.R. 2969: Mr. MCGOVERN. enue Code of 1986 to deny the deduction for H.R. 658: Mr. KAGEN. H.R. 3010: Mr. JACKSON of Illinois.

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H.R. 3077: Mr. CLAY and Ms. WOOLSEY. H. Res. 398: Ms. ROS-LEHTINEN. ‘‘Affordable Health Care for America Act,’’ H.R. 3101: Mr. CARSON of Indiana and Ms. H. Res. 510: Mr. JACKSON of Illinois. do not contain any congressional earmarks, NORTON. H. Res. 633: Mr. FARR. limited tax benefits, or limited tariff bene- H.R. 3116: Mr. SHERMAN, Mr. FILNER, and H. Res. 711: Mr. LYNCH, Mr. CAPUANO, Mr. fits as defined in clause 9 of rule XXI. Mr. ARCURI. ELLISON, Mr. SHERMAN, and Mr. LEWIS of OFFERED BY MR. RAHALL H.R. 3149: Mr. SERRANO. Georgia. H.R. 3156: Mr. GRIJALVA and Mr. JOHNSON H. Res. 713: Mr. HASTINGS of Florida, Mr. The provisions that warranted a referral to of Georgia. ELLISON, Mr. MCNERNEY, Ms. EDWARDS of the Committee on Natural Resources in H.R. H.R. 3226: Mr. RADANOVICH and Mr. BAR- Maryland, Mr. PAYNE, Ms. MOORE of Wis- 3962, the ‘‘Affordable Health Care for Amer- RETT of South Carolina. consin, Mr. CLAY, Mr. LEWIS of Georgia, Ms. ica Act,’’ do not contain any congressional H.R. 3238: Mr. MCGOVERN. WATSON, Mr. PERLMUTTER, Mrs. MCCARTHY of earmarks, limited tax benefits, or limited H.R. 3248: Ms. BERKLEY. New York, Mr. ISRAEL, Mr. HINOJOSA, Mr. tariff benefits as defined in clause 9 of rule H.R. 3276: Ms. SUTTON and Ms. ZOE RUSH, Ms. SPEIER, and Mr. SCOTT of Georgia. XXI. H. Res. 759: Mr. LINDER. LOFGREN of California. OFFERED BY MR. SPRATT H.R. 3308: Mr. BAIRD. H. Res. 763: Mr. BILIRAKIS and Mr. EHLERS. ISHOP H.R. 3328: Mr. CARSON of Indiana. H. Res. 771: Mr. B of Georgia, Mr. The provisions that warranted a referral to H.R. 3365: Mr. NYE and Ms. KOSMAS. CASTLE, and Mr. DELAHUNT. the Committee on the Budget in H.R. 3962, H. Res. 773: Mr. BUYER, Mr. COURTNEY, and H.R. 3380: Mr. PETRI. the ‘‘Affordable Health Care for America Ms. SHEA-PORTER. H.R. 3415: Mr. LARSON of Connecticut. Act,’’ do not contain any congressional ear- H. Res. 833: Mr. ISRAEL, Mr. SNYDER, Mr. H.R. 3439: Mr. SOUDER and Mr. ELLSWORTH. marks, limited tax benefits, or limited tariff JACKSON of Illinois, Mr. BAIRD, Mr. WEXLER, H.R. 3480: Mr. CARNAHAN. benefits as defined in clause 9 of rule XXI. Mr. COHEN, Mr. MCGOVERN, Ms. GRANGER, H.R. 3485: Mr. FRANK of Massachusetts. Mr. GALLEGLY, Mr. ACKERMAN, Ms. BERKLEY, SUBMITTED BY MR. GEORGE MILLER OF H.R. 3535: Mr. BISHOP of New York. CALIFORNIA H.R. 3560: Ms. MOORE of Wisconsin. Mr. SHERMAN, Ms. WOOLSEY, Ms. WATSON, H.R. 3578: Ms. HERSETH SANDLIN. Ms. LEE of California, Mr. COSTA, Mr. TAN- The provisions that warranted a referral to H.R. 3646: Mrs. CHRISTENSEN. NER, Mr. SIRES, Mr. FALEOMAVAEGA, Mr. the Committee on Education and Labor in H.R. 3650: Ms. WASSERMAN SCHULTZ. ENGEL, Ms. JACKSON-LEE of Texas, Mr. H.R. 3962, the ‘‘Affordable Health Care for H.R. 3652: Mr. BRALEY of Iowa. CARNAHAN, Mr. MILLER of North Carolina, America Act,’’ do not contain any congres- H.R. 3696: Ms. GRANGER. Mr. MEEKS of New York, Mr. CONNOLLY of sional earmarks, limited tax benefits, or lim- H.R. 3710: Ms. SHEA-PORTER and Mr. Virginia, Mr. DELAHUNT, Mr. KINGSTON, Mr. ited tariff benefits as defined in clause 9 of MCGOVERN. GENE GREEN of Texas, Mr. ELLISON, Ms. GIF- rule XXI. FORDS, Mrs. LOWEY, and Mr. MANZULLO. H.R. 3721: Ms. EDDIE BERNICE JOHNSON of SUBMITTED BY MS. SLAUGHTER Texas. H. Res. 835: Mr. HERGER. H. Res. 839: Mr. LEWIS of Georgia. The provisions that warranted a referral to H.R. 3734: Mr. BROWN of South Carolina and H. Res. 841: Mr. OLSON and Mrs. the Committee on Rules in H.R. 3962, the Ms. RICHARDSON. BLACKBURN. ‘‘Affordable Health Care for America Act,’’ H.R. 3752: Mrs. BACHMANN. H. Res. 847: Mr. BARTON of Texas, Mr. do not contain any congressional earmarks, H.R. 3761: Mr. BARTON of Texas. FORBES, and Mr. YOUNG of Alaska. limited tax benefits, or limited tariff bene- H.R. 3764: Mr. KUCINICH and Mr. NADLER of H. Res. 856: Mr. LAMBORN and Mr. fits as defined in clause 9 of rule XXI. New York. LANGEVIN. H.R. 3778: Mr. CARNEY and Mr. LINCOLN H. Res. 857: Mrs. NAPOLITANO, Mr. DIAZ-BALART of Florida. LOEBSACK, Mr. CHANDLER, and Mr. f H.R. 3790: Ms. SHEA-PORTER, Ms. KAPTUR, NEUGEBAUER. and Mrs. MALONEY. H. Res. 858: Mr. SHERMAN. AMENDMENTS H.R. 3791: Mr. KING of New York, Mrs. H. Res. 861: Mr. CONAWAY, Mr. CRENSHAW, EMERSON, Mr. SCOTT of Georgia, and Mr. VIS- Mr. HUNTER, Mr. YOUNG of Florida, and Mr. Under clause 8 of rule XVIII, pro- CLOSKY. SESTAK. posed amendments were submited as H.R. 3795: Mr. SHERMAN. H. Res. 866: Mr. LUJA´ N, Ms. SCHWARTZ, Mr. follows: H.R. 3822: Mr. SMITH of Nebraska. LAMBORN, Mrs. BIGGERT, Ms. ROS-LEHTINEN, H.R. 3828: Ms. GRANGER. and Mr. MOLLOHAN. H.R. 3962 H.R. 3838: Ms. JACKSON-LEE of Texas and H. Res. 867: Mr. ADLER of New Jersey, Mr. OFFERED BY: MR. COFFMAN OF COLORADO Mrs. CHRISTENSEN. WALDEN, Mr. AUSTRIA, Mrs. BLACKBURN, Mr. AMENDMENT NO. 1: In section 302(a), before H.R. 3839: Mrs. MCMORRIS RODGERS and Mr. PLATTS, Mr. ROSKAM, Mr. HENSARLING, Mr. ‘‘In accordance with this section’’, insert the RODRIGUEZ. MINNICK, Mrs. KIRKPATRICK of Arizona, Mr. following and adjust the indentation appro- H.R. 3885: Ms. NORTON, Mr. COHEN and Mr. SHULER, Mr. COLE, Mr. HODES, Mr. COSTELLO, priately: WOLF. Mr. DRIEHAUS, Mr. GORDON of Tennessee, Mr. (1) IN GENERAL.— H.R. 3905: Mr. MANZULLO, Mr. HARPER, and BUYER, Mr. SHERMAN, Mr. PATRICK J. MUR- Mr. REHBERG. PHY of Pennsylvania, Ms. KILROY, Mr. In section 302(a), add at the end the fol- H.R. 3924: Mr. WILSON of South Carolina. BOCCIERI, Mr. CARNEY, Mr. CAO, Ms. TITUS, lowing new paragraph: H.R. 3939: Mr. PASTOR of Arizona and Mr. Mr. BILIRAKIS, Mr. MARIO DIAZ-BALART of (2) TREATMENT OF CERTAIN ELECTED OFFI- CONYERS. Florida, Mr. MCKEON, Mr. BISHOP of New CIALS.— H.R. 3943: Ms. ROS-LEHTINEN, Mr. LAMBORN, York, Mr. SMITH of New Jersey, Ms. GRANG- (A) IN GENERAL.—Members of Congress (as Mr. COSTELLO, Mr. HARE, and Mr. THOMPSON ER, Mr. DAVIS of Alabama, Mrs. LUMMIS, Mr. defined in section 2106 of title 5, United of California. PITTS, Mr. LATHAM, Mr. PUTNAM, Mr. States Code) and the dependents of Members H.R. 3959: Mr. BRALEY of Iowa. MELANCON, and Mr. CASSIDY. of Congress shall be enrolled in the public H.R. 3977: Mr. FILNER, Mr. CARNEY, Mr. H. Res. 868: Mrs. MYRICK. health insurance option under subtitle B. MORAN of Virginia, and Mr. BRALEY of Iowa. H. Res. 870: Mr. BLUNT, Mr. BOEHNER, Ms. For purposes of the proceeding sentence, H.J. Res. 11: Mr. PAULSEN. FOXX, Mr. LATHAM, Mr. LATOURETTE, Mr. Members of Congress and the dependents of H. Con. Res. 139: Mr. NEUGEBAUER. MCCARTHY of California, Mr. PLATTS, Mr. Members of Congress shall each be treated as H. Con. Res. 169: Mr. BONNER. SESSIONS, and Mr. WOLF. an Exchange-eligible individual. H. Con. Res. 175: Mr. LATTA, Mr. SOUDER, H. Res. 874: Mr. GINGREY of Georgia. (B) CONFORMING AMENDMENT.— and Mr. CARTER. H. Res. 878: Mr. SABLAN. (i) CHANGE TO FEHBP.—Section 8901(1) of H. Con. Res. 199: Mr. LARSEN of Wash- H. Res. 880: Mr. SABLAN. title 5, United States Code, is amended by ington, Mr. COURTNEY, Mr. JOHNSON of Geor- f striking subparagraphs (B) and (D). gia, Mrs. NAPOLITANO, Mrs. CHRISTENSEN, Mr. (ii) EFFECTIVE DATE.—The amendment CONGRESSIONAL EARMARKS, LIM- ORTIZ, Mr. REYES, Mr. ANDREWS, Ms. LORET- made by clause (i) shall take effect on the TA SANCHEZ of California, Mr. KISSELL, Mr. ITED TAX BENEFITS, OR LIM- first day of Y1. MASSA, Mr. MURPHY of New York, Mr. ITED TARIFF BENEFITS In section 302(c)(1) LOEBSACK, Mrs. MCMORRIS RODGERS, Mr. Under clause 9 of rule XXI, lists or (1) in subparagraph (A), strike ‘‘; and’’ and FLEMING, Ms. BORDALLO, Mr. CONAWAY, and statements on congressional earmarks, insert a semicolon; Mr. LAMBORN. limited tax benefits, or limited tariff (2) in subparagraph (B), strike the period H. Res. 68: Mr. GENE GREEN of Texas. and insert ‘‘; and’’; and H. Res. 89: Mr. JONES, Mr. PITTS, Mr. benefits were submitted as follows: (3) add at the end the following new sub- DRIEHAUS, Ms. ROS-LEHTINEN, and Mr. DIN- OFFERED BY MR. CONYERS paragraph: GELL. The provisions that warranted a referral to (C) Members of Congress and the depend- H. Res. 185: Mr. LAMBORN. the Committee on Judiciary in H.R. 3962, the ents of Members of Congress.

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Vol. 155 WASHINGTON, MONDAY, NOVEMBER 2, 2009 No. 161 Senate The Senate met at 2 p.m. and was U.S. SENATE, That is exactly why the two Senate called to order by the Honorable MARK PRESIDENT PRO TEMPORE, committees that drafted the founda- WARNER, a Senator from the Common- Washington, DC, November 2, 2009. tions of this bill—the HELP and Fi- wealth of Virginia. To the Senate: nance Committees—conducted lengthy Under the provisions of rule I, paragraph 3, public meetings. At these meetings, of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable MARK WARNER, a Sen- the American people could see that the The Chaplain, Dr. Barry C. Black, of- ator from the Commonwealth of Virginia, to committees considered and approved fered the following prayer: perform the duties of the Chair. numerous amendments and proposals Let us pray. ROBERT C. BYRD, by both Democrats and Republicans. Our God, we are thankful that You President pro tempore. For example, you could go on the have not only known us but You have Mr. WARNER thereupon assumed the HELP Committee’s Web site and watch made Yourself known to us. It is amaz- chair as Acting President pro tempore. them adopt 160 Republican amend- ments into this bill. It is in the name ing that You know us and still love us. f of transparency that the committees’ May our lawmakers come to You RECOGNITION OF THE MAJORITY legislation has been fully available on with the confidence borne of the LEADER the Internet for many weeks now. The knowledge that comes from being loved HELP Committee’s bill has been on its by You. As they seek to be Your am- The ACTING PRESIDENT pro tem- Web site since June 9, and the Finance bassadors to our Nation and world, help pore. The majority leader is recog- nized. Committee’s bill has been on its Web them to acknowledge that without You site since September 16. they can accomplish nothing that will f It is important to understand where endure. May they remember to use our HEALTH CARE REFORM we are in this process. Right now, we liberties and privileges, bought with so Mr. REID. Mr. President, our job as are merging those two bills into one crimson a cost, to promote the com- bill. That work is ongoing, and many legislators is to write and pass a bill mon good of humanity. different options are being weighed. that will make it easier for every Lord, we end this prayer by asking The CBO is analyzing those options, American family to afford to live a You to bless our military men and and based on their analysis we will de- healthy life. Democratic Members have women in harm’s way and their loved cide what to put into a bill. Those who ones. worked tirelessly over the past weeks, demand to see the bill this minute for- We pray this prayer in Your powerful months, and even years to fulfill this get that a final bill doesn’t yet exist. If Name. Amen. tremendous responsibility. We have lis- it did, we would bring it to the floor. tened to the vast majority of Ameri- All should remember that as soon as f cans who demand that we stop health the CBO results are in and as soon as insurance companies from taking ad- important decisions are made based on PLEDGE OF ALLEGIANCE vantage of each of us. We have listened those results, we have pledged to make to the vast majority of Americans who the final bill available to the full Sen- The Honorable MARK WARNER led the know that a public option for health Pledge of Allegiance, as follows: ate and the American people. The final insurance is the best way to keep com- bill will be public as soon as it is writ- I pledge allegiance to the Flag of the petition up, keep costs down, and keep ten. I will repeat that so there is no United States of America, and to the Repub- insurance companies honest. We con- confusion. The final bill will be made lic for which it stands, one nation under God, tinue to listen to Senators as diverse indivisible, with liberty and justice for all. public as soon as it is written. ideologically as they are diverse geo- Only one final decision has been graphically as we craft a final bill. f made so far. We are going to give peo- Today, we are closer than ever before ple the power of deciding whether they to making sure every American can ac- want to get their health insurance APPOINTMENT OF ACTING cess quality, affordable health care— from somewhere other than the reck- PRESIDENT PRO TEMPORE and making sure they have the choice less private companies that are respon- The PRESIDING OFFICER. The of whether they get that care through sible for the mess we are in, and we are clerk will please read a communication their private insurer or a public one. going to give the States the power of to the Senate from the President pro We are closer than ever, but we are deciding whether that choice is best for tempore (Mr. BYRD). not there quite yet. As we head for the its citizens. The assistant legislative clerk read finish line, one of the most important So that is where we stand. It is im- the following letter: parts of this process is transparency. portant to get these facts on the

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

S10963

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VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10964 CONGRESSIONAL RECORD — SENATE November 2, 2009 record, as misinformation, half-truths, I will acknowledge there is one thing and Democrat leaders in Congress. And and distractions fill the airwaves. that won’t be in their bill secretly or in nowhere is that disconnect more appar- Let’s be honest. These facts don’t a transparent fashion, and that is to re- ent than in the 2,000-page bureaucratic matter much to those who are dead set peal the McCarran-Ferguson Act that monstrosity of a bill that House Demo- on opposing health insurance reform exempts insurance companies from crats dropped on the American people for partisan reasons. They don’t matter antitrust laws. The insurance compa- last week. to the Republican Senator who said he nies love that because they can take At its core, this bill is very similar to hopes the effort to fix our broken advantage of the American people, as what we have already seen in the Sen- health care system will be President they have since 1945, since that act be- ate—a trillion-dollar government ex- Obama’s ‘‘Waterloo.’’ They don’t mat- came law. periment that raises taxes, raises pre- ter to the Republican Senator who said It is increasingly clear to the Amer- miums, slashes Medicare, and leads to Republicans will oppose the bill regard- ican people who is trying to help them. unprecedented government control less of any concessions Democrats It is clear who is reaching across the over the health care decisions of Amer- make. They don’t matter to the Repub- aisle and negotiating in good faith and icans. That is the foundation, the lican Senator who said, ‘‘I don’t have compromising where necessary. starting-off point. It doesn’t get any to read it, or know what’s in it. I am Mr. President, we want to work with better from there. going to oppose it anyways.’’ Their the Republicans, but how can you work Let’s start with the pricetag. At a strategy is to deny the undeniable fact with a party that says that they hope time of unprecedented government that families’ personal health and President Obama fails and that this is spending and a staggering $12 trillion pocketbooks are suffering. Their strat- his Waterloo? It doesn’t matter what is debt, the Democrat health care bill egy is to defend the indefensible prac- in the bill, they will oppose it. Again, asks taxpayers to pony up at least an- tices of insurance companies that today, we heard from Roll Call that other trillion dollars. To get some make huge profits on the backs of our their only strategy is to delay. I hope sense of the size of that figure, consider seniors and our sick. Their strategy is that will change and they will work the fact that this bill would cost more to ignore polls that clearly and consist- with us to come up with some ideas on than $2 million per word. And believe it ently show the American people sup- how they can improve health insur- or not, that is a conservative estimate. port a public option and instead argue, ance. Let’s get the bill on the floor and Once fully implemented, the bill will without evidence, that they don’t. start debating it. spend $2.3 trillion. And this doesn’t Republicans make no effort to hide f even account for the $250 billion that is their shortsighted and self-destructive needed to prevent a cut in reimburse- strategy. In fact, Roll Call newspaper SCHEDULE ments to doctors who treat Medicare today reports that they ‘‘have mapped Mr. REID. Mr. President, today, fol- patients. While this so-called ‘‘Doc out a strategy to draw out debate’’ lowing the remarks of the two leaders, Fix’’ is no longer in the bill, we saw rather than work with us to strengthen there will be a period of morning busi- last month how Democrats in both the the bill. Politico reported last week ness, with Senators permitted to speak House and Senate plan to pay for it. that Republican consultant Frank therein for up to 10 minutes each. At 4 They want to put this $250 billion on Luntz is out with a new memo urging p.m., the Senate will resume consider- the government credit card and then Republicans to fake bipartisanship. ation of the Unemployment Benefits claim their plans don’t add to the def- You will recall that, back in May, Extension Act, with the time until 5 icit. Luntz encouraged Republicans to op- p.m. equally divided and controlled be- Well, Americans aren’t buying it. pose a health care reform bill before tween the two leaders or their des- The bill would also hit already-strug- there was a single hearing held to de- ignees. At 5 p.m., the Senate will pro- gling States by imposing a crippling, termine what should be in the bill and ceed to a cloture vote on the Reid-Bau- 10-year, $34 billion expansion of Med- long before a single bill was even writ- cus substitute amendment. icaid. And it fails to meet the key test ten. Now Luntz says Republicans have German Chancellor Angela Merkel that Americans had set for reform, more to gain by faking bipartisanship will address a joint meeting of Con- which was to control costs. Indeed, and from complaining about the health gress tomorrow at 10:30 a.m. Senators contrary to early promises by the ad- care bill than working to improve it. should begin to gather in the Chamber ministration about the need to control All of us—every single American— at 10 o’clock tomorrow morning so costs, this bill would actually increase stand to lose if that happens. I know they can leave at 10:10 a.m. to proceed long-term Federal health care spend- Senate Republicans appreciate trans- to the House of Representatives. ing. parency because their strategy is as f The health care choices that Ameri- transparent as it comes. That strategy cans currently enjoy would also be lim- is simply to delay, delay, delay. And RECOGNITION OF THE MINORITY ited under this bill, and the govern- now the newspaper Roll Call acknowl- LEADER ment’s role would increase dramati- edges that. The ACTING PRESIDENT pro tem- cally. If you don’t want to buy insur- At the same time, I couldn’t help but pore. The minority leader is recog- ance, too bad: under this bill, the gov- notice that while Senate Republicans nized. ernment forces you either to buy insur- demand transparency, their own plan is f ance or pay a new 2.5-percent tax. being drafted, obviously, in secret—if, Under this bill, the government would in fact, there is one. We don’t know HEALTH CARE WEEK XVI DAY I also tell you what kind of insurance how much their bill will cost—the Re- Mr. MCCONNELL. Mr. President, for you can have by dictating the benefits publican bill—if there is one. We don’t months, the American people have you receive. If a politician in Wash- know whom it will help, if anybody, or been sending us a clear message about ington doesn’t approve of your current how it will keep insurance companies what they want to see in health care health care plan, you may be forced to from abusing Americans. They won’t reform. They want practical, common- give it up. Ironically, the person who tell us how their plan will lower your sense reforms that drive down the cost would dictate your benefits would go health care bills so you don’t have to of care, improve access, and create by the title of the Health Choices Com- choose between medication and your more choices. What they are getting missioner only in Washington, Mr. mortgage. So I can only conclude one instead from Congress are higher pre- President. of two things: Either the Senate Re- miums, higher taxes, Medicare cuts, Notably, this bill no longer includes publicans are drafting a bill in secret and more government control over language from earlier draft legislation or their proposal simply doesn’t exist their health care decisions. stating that essential benefits coverage and the Republicans have no solutions They are getting the same old big- should not lead to the rationing of to one of the greatest and most urgent government solutions to problems that health care. Language preventing ra- challenges of our time—health insur- call for creative, modern-day solutions. tioning is out. We can only conclude ance reform. Whichever it is should Quite simply, there seems to be a dis- from the exclusion of this language concern the American people greatly. connect between the American people that the bill writers have opened the

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10965 door to rationing care at some point The Senator from Illinois. plication and says: You forgot to tell down the road—just like every other f us you had headaches as a teenager or country that has gone in the direction acne and, therefore, we are going to HEALTH CARE AND of government-run health care for all. walk away, disallow any medical care. UNEMPLOYMENT BENEFITS Business owners are also a special Does that sound outlandish? It is a fact target of this bill. The government will Mr. DURBIN. Mr. President, we just in both instances and in cases that tell all but the smallest employers heard the Republican leader of the Sen- have come to our office—preexisting they must cover employees even if they ate speak, as he does every day, conditions. Preexisting conditions, a cannot afford it. If they refuse, they against health care reform. He has op- battle that people have to fight all the get hit with a $135 billion tax—a tax posed it from the start. He is con- time with these health insurance com- that independent experts warn will sistent. His message is consistent. He panies, would be prohibited under lower wages and kill jobs. does not propose any alternative. health insurance reform that we are Unemployment is nearly 10 percent, There is no Republican health care re- working on. despite the administration’s prediction form bill anyone has seen or heard of. Or how about their decision to cap that it would not rise past 8 percent if He comes in each day and tells us what the amount of coverage they will pro- we passed the stimulus. But instead of is wrong with the efforts underway in vide. You don’t know when you get trying to create jobs, Democrats are Congress, both the House and the Sen- into cancer treatment or serious brain trying to push through a trillion-dollar ate, to change the health care system surgery what the ultimate bill is going experiment with massive new taxes of America. to be. But the health insurance compa- that would kill even more jobs right in Unfortunately, most Americans—cer- nies can walk away from you when you the middle of a recession. tainly most business people—under- are sick and need their help the most. Finally, under this bill, the govern- stand that the current health care sys- We know what they do with kids, ment would create a government-run tem in America is unsustainable. The young people, when they reach the age health care plan that Americans op- cost of health care is going up so fast of 23. It happened in my family. They pose. Democrats say the whole point of that fewer and fewer businesses are cut off your children. No more will a government plan is to give Ameri- protecting their employees and fewer they cover them. They have to find cans a lower cost option. But the CBO and fewer individuals can afford to buy their own coverage. This bill says we has said that the premiums for the health insurance. And those who buy will extend that coverage. House government plan would actually health insurance know the reality of We are basically trying to plug the be higher than the premiums for pri- what it means today. They know that gaps in health insurance coverage vate plans. So in order for the govern- when they need it the most, many today that haunt American families ment plan to meet its goal of offering health care insurance companies turn when they desperately need help. And a lower cost alternative, it would have them down. People who had paid for a the Republican minority leader comes to use the power of government to sub- lifetime into a health insurance plan to the floor and objects to that, objects sidize costs, ration care, and undercut they had never used finally faced an ac- to this health care reform. I don’t un- private insurers. Democrats may call cident or a diagnosis or a critical ill- derstand where he is coming from. this an option, but it is clear to every- ness, went to their doctor, headed to He says this bill is too long. I have one else that this type of government- the hospital, only to find that now they heard the Senator from Kentucky and run plan would eventually become the were not just going to have to battle other Senators say: Why, this bill is only option. an illness, they had to battle their in- 1,000 pages long—1,000 pages. I don’t Americans want real reforms that surance company. know if there is an appropriate number lower costs and increase access—re- I cannot tell you how many cases of pages for health care reform. I don’t forms such as getting rid of junk law- have come to my office—so many that know if 100 is the right number and suits, leveling the playing field on we have lost count—asking: As a Sen- 1,100 is too much. I don’t know if we health care taxes, and incentivizing ator, will you please intervene with my healthy choices. Yet instead of adopt- should be involved in that kind of silly health insurance company. ing these commonsense ideas, the au- argument. The most recent involved a young What we are talking about here is a thors of this bill seem intent on forcing man who has been battling cancer in piece of legislation that will impact the American people to accept more my State for years, a heroic battle that health care for every American and spending, more debt, more taxes, and I know something about because I will literally address one-sixth of the more government in their daily lives. You can call that a lot of things. You know his family. He finally found a American economy. Mr. President, $1 can call it a lot of things, but you can- drug that worked that his oncologist out of every $6 spent in America is not call it reform. The passage of time recommended. It was a new drug, but it spent on health care. We are working has not been good to Democratic ef- was one that worked. For a while, the now to bring down costs and create a forts at health care reform. Earlier health insurance company paid for it. system that is fair, stable, and secure versions were deeply flawed to begin Then they announced they were going for people across the United States. If with. But when Americans look closely to cut off payments because it was not it takes 2,000 pages, does that mean the at this latest version, they will wonder an appropriate drug. Do you know how bill is wrong? who exactly congressional leaders have much it will cost his family to provide The other day on the floor, I asked been listening to over the past several that lifesaving drug to him each one of the Republican Senators who months. Clearly, it is not the American month? It is, $13,000. How long can he was talking about the bill being too people. last? How long can the savings last? long, first I said: Have you seen it? Of Mr. President, I yield the floor. How long can we stand here and tol- course he had not because the bill is erate that kind of mistreatment of the currently being written. The final bill f American people? is not before us. It will be on the Inter- RESERVATION OF LEADER TIME Yet day after day, the Republican net for at least 3 days before it is con- The ACTING PRESIDENT pro tem- leader comes and tells us he is opposed sidered on the floor, as it should be, pore. Under the previous order, leader- to change; he does not support our ef- but there is no final bill. ship time is reserved. forts to bring about real significant Then I asked him how many pages is f change when it comes to health insur- the Republican alternative on health ance in this country. care reform. He stumbled a little bit MORNING BUSINESS Let me tell you what our bill does— because there is no Republican alter- The ACTING PRESIDENT pro tem- this bill he said we should not pass. It native to health care reform. Speeches, pore. Under the previous order, there eliminates preexisting conditions. Do yes, but nothing in writing. will now be a period for the transaction you know what that means? When you When we went through the HELP of morning business until 4 p.m., with need your insurance the most and your Committee and marked up the bill— Senators permitted to speak therein health insurance company goes back one of the bills that is part of the pack- for up to 10 minutes each. and pulls out your health insurance ap- age being considered—there were 150

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10966 CONGRESSIONAL RECORD — SENATE November 2, 2009 Republican amendments that were ac- don’t receive it because he and others appointee, Doug Elmendorf, has said cepted. You would think that after 150 on his side of the aisle have held up that the majority’s government-run Republican amendments were accepted this bill for no good reason. health plans will actually raise insur- out of about 500, perhaps one Repub- We have work to do. We need to cre- ance premiums. lican Senator would vote to move the ate a safety net for those who have lost Despite the pig in a poke the major- bill forward. Not a single one, not one their jobs. We need to push forward on ity is trying to sell to the American in the HELP Committee would vote to the President’s recovery and reinvest- people, these independent experts have move it forward. ment program that is creating jobs to said that the government-run option It is unfortunate, but I think Major- put people back to work, and we need being proposed will have higher pre- ity Leader REID is right. There appears to sit together—I hope—come together miums than private plans. There is an- to be, by most Republican Senators, a and find a way to expand the number of other analysis that shows that the cost strategy to delay this as long as pos- jobs in this economy. We cannot do it the government would impose would sible and to oppose all change. I don’t if it takes 4 weeks for us to provide an increase the cost of the premiums on know if you can build a political party unemployment check for someone in private health care plans, particularly on that. I certainly don’t believe you my home State who has been out of if they continue to propose to impose can build a nation on that. And you work for a year and is desperate to taxes on the health insurers. That is certainly cannot address the concerns keep his family together. going to be shuffled off on every health that people express to us every day That is the reality of what this issue care provider, every person holding pri- about the current cost of health care is all about, the reality of the strategy vate insurance. When has government ever lowered and the need for us to have health in- of the party on the other side of the the cost of anything? We know these surance we can trust and the need to aisle. Whether it is unemployment ben- bills will raise taxes on families and bring more and more people into health efits or health care reform, they be- small businesses. We also know these lieve if they delay long enough, some- insurance coverage. bills would cut Medicare for seniors, up The bill before us, that we will vote how the clock will run out, the cal- to one-half trillion dollars, leaving our on at 5 o’clock today, is about unem- endar will end, and we will do nothing. seniors with fewer health care options. ployment compensation. It is a record- We cannot do that. The majority is not even denying these breaking bill. And you know why? Be- For the unemployed people in this charges. They are hoping no one is pay- cause it has taken us almost 4 weeks economy, for those counting on us for ing attention. Also what the majority by Wednesday to bring up the exten- real health care reform, we must do does not want you to know is under sion of unemployment compensation better. I urge my colleagues—I hope— these health care bills, government bu- benefits. The reason it breaks a record on the other side of the aisle—a few of reaucrats will have control over deci- is that historically this was never a de- them—to step forward and say this is sions that only you and your doctor batable item. People said: Of course, we an issue that goes way beyond politics. should have. These are startling con- are going to help people who are unem- I hope they join us in providing unem- clusions, but that is why Missourians ployed on a bipartisan basis, give them ployment benefits long overdue. are rightly concerned about the direc- a helping hand in a tough economy. The ACTING PRESIDENT pro tem- tion we are headed. Missourians and Now we are facing an economy with pore. The Senator from Missouri. the people across this country don’t millions of people unemployed and, un- Mr. BOND. Mr. President, I ask unan- want the same kind of denial, delay, fortunately, the Republicans have de- imous consent to proceed in morning and rationing that is common in coun- layed us for 4 weeks to bring this mat- business for 15 minutes. tries with government-driven health The ACTING PRESIDENT pro tem- ter up. care. While they have delayed us, thou- pore. Without objection, it is so or- Americans are also concerned with sands of people have lost their unem- dered. the high price our children and grand- ployment benefits. They are in my of- Mr. BOND. Mr. President, survey children will pay for these health care fice, sending e-mails talking about after survey shows that most Ameri- schemes. My constituents are asking this, spelling out what it means when cans like their health plan, but they why, in the midst of a recession, when you don’t have a job, you don’t have believe it costs too much. That is why unemployment is 10 percent, why, health insurance, you are struggling to I am concerned that at a time when the when Americans are already saddled pay the rent or the mortgage payment, American people are asking for lower with massive Federal debt, the major- trying to pick up some skills to find a health care costs, the trillion-dollar ity isn’t listening to their concerns as new job and the checks end. bills the Democrats are trying to ram they move ahead with a costly vast ex- We want to extend those unemploy- through Congress actually increase the pansion of government that increases ment benefits because there are six un- cost of health care. rather than lowers the cost of their employed Americans for every avail- You heard me correctly. The major- health care. able job. Even people who are working ity of both Houses is actually pro- Also, I have heard concern about the hardest to find new jobs are having posing to spend $1 trillion of taxpayer gimmicks that are being used to claim a tough time. But for 4 weeks, the Re- funds on proposals that will cause an the bill is deficit neutral, such as col- publicans have stopped us. And why? increase in health care for all Ameri- lecting all the taxes and fees long be- They want to offer amendments that cans. That is not the kind of reform fore the plan takes effect and has to be have nothing to do with unemployment Americans want. paid for. It is a grand scheme, but no compensation. Back home we call that a pig in a one outside of Washington actually be- One of the amendments the Senator poke. The only way to sell a pig in a lieves a $1 trillion health care bill will from Louisiana wants to once again de- poke is to hide from Americans what do anything but increase costs and pile bate is about an organization called their tax dollars are buying. That is more debt on our kids and grandkids. ACORN. ACORN has not been in busi- why, despite the President’s promise of In fact, experts have confirmed there ness in Illinois for a long time. It is an transparency, the majority in charge of would be shortfalls outside the 10-year organization that is controversial in Congress and in charge of the Senate is budget window. It is another smoke some sectors. In fact, it has led to four working behind closed doors on a com- and mirrors trick to disguise the fact or five votes already on the Senate plicated, probably 1,000-plus-page bill we are heaping massive debt on future floor. This Senator has said he wants that will lead to a massive government generations. to hold up the extension of unemploy- takeover of health care. Sadly, this proposed $1 trillion gov- ment benefits for thousands of Ameri- The assistant majority leader is cor- ernment takeover is just the latest in a cans so he can debate again another ef- rect; we have not seen a bill. It has string of efforts to expand the govern- fort to criticize ACORN. been done in secret. Just wait; some- ment at the cost of our children and I suppose it is an important speech to time we will see it. But we heard some grandchildren’s fiscal future. Already him but not as important as that un- facts that we think are very important. this year the administration and the employment check is to thousands of First, the nonpartisan Congressional majority in Congress have spent $1 tril- people in Louisiana and Illinois who Budget Office, headed by a Democratic lion on the misnamed stimulus bill,

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10967 adopted a budget that will double the lending through risky subprime loans Further, the Inspector General un- debt in 5 years and triple it in 10, pro- to a crisis where job loss has become covered hundreds of cases where chil- posed a $3.6 trillion new gasoline tax, the primary cause of foreclosures and dren—some as young as 4 years old— and other massive takeovers of various delinquencies. But for several reasons, and illegal immigrants claimed the companies and industries. I strongly believe the home buyer tax credit. Even more disturbing, the IG Mr. President, I think we are all in credit must end—primarily the dis- found that IRS employees themselves agreement that health care costs too turbing news about fraud in the pro- were illegally using the credit. It much, there are too many uninsured, gram and the high cost to taxpayers. sounds to me as though we have the fox and we need reform. But the question Before voting for another extension, I guarding the hen house. It is, there- is, What does real reform look like? To hope my colleagues ask themselves, fore, not surprising that one low-in- date, we have seen two vastly different based on its track record, whether the come tax aide recently testified before philosophies. For my colleagues on the home buyer tax credit is an effective a congressional panel that the abuse of other side of the aisle reform means a tool in helping the housing market. It the tax credit appeared to be wide- vast expansion of government costing is clear to me the answer is no due to spread. more than $1 trillion that will increase its high cost and its vulnerability to Legislative changes are being in- health care costs, raise taxes, and cut fraud. cluded to address this fraud. Thank Medicare benefits that are needed to News about the real cost to tax- you. I appreciate the efforts. But it is pay for the services our seniors will payers is alarming. In reality, this unrealistic to believe they will be suc- get. Under this kind of reform, Ameri- $8,000 home buyer tax credit costs the cessful due to the longstanding man- cans will end up paying more for less. taxpayers at least $43,000 per new home agement and oversight challenges of Our view on this side of the aisle—as sale using the most generous assump- the IRS and the rampant fraud in the the majority leader has already said— tions. According to the Brookings In- marketplace. is reform must be commonsense solu- stitution, the vast majority of home My colleagues on the Finance, Appro- tions focused on lowering health care buyers who used the credit would have priations, and Homeland Security and costs for families and small business. bought a home without it, and at best Government Affairs Committees are We are offering solutions that increase the credit simply brought forward very familiar with the IRS tax admin- access and improve patient care as home sales that would have occurred in istration shortcomings that have been well. Contrary to what has just been the future. Brookings estimates only 15 well documented by the Inspector Gen- said on the Senate floor, we support percent of the sales were attributable eral and the GAO. When I chaired the tax equity for all families, allowing to the credit. Treasury, Transportation, HUD, and small businesses to form their own as- If we used Goldman Sachs’s less gen- Related Agencies Appropriations Sub- sociations to purchase across State erous estimate that far fewer sales committee, I became familiar with the lines, and end the waste of the $120 bil- were directly caused by the credit, the IRS administration tax challenges. I lion annually spent for malpractice in- cost to taxpayers rises to $80,000 per am also familiar with other housing surance and the defensive medicine it new sale of homes. For the vast major- fraud cases because I have been work- causes. ity of cases, the home buyer tax credit ing with the FHA for too many years. amounted to a free gift since it did not We don’t need an overhaul of health As I learned, waste, fraud, and abuse affect their decision to purchase. care to give the American people what cannot be stopped no matter how many As described in a September 19 edi- they want. What is needed is for Demo- ‘‘thou shalt nots’’ are included in the torial this year in the Washington crats to stop ignoring the American legislation. people and start working on a bipar- Post, the tax credit simply moved In the case of the home buyer tax tisan basis—which they have not done around the demand to purchase homes credit, it is nearly impossible to stop so far—on real reforms that can make from future to present and from other fraud when those who are supposed to a difference, reforms that will lower consumers and other sectors to home prevent fraud are actually committing costs, increase access, and improve pa- buyers and homes. For the small mi- fraud at the IRS. With the FBI report- tient care. That is what Americans nority of buyers whose decision was di- ing that mortgage fraud is at a level want and that is where our focus rectly caused by this credit, this raises even higher during the subprime boom, should be, and we hope the Democrats the question of whether we are sub- we are kidding ourselves if we think we will join us. sidizing buyers who may not have been Mr. President, another example able to afford buying a home in the can prevent more fraud and more tax- where Americans are in a position first place. payer losses. where we are going to be seeing a In the face of these figures, it seems The most effective means of pre- major expansion of government indebt- obvious the home buyer tax credit is a venting fraud is simply not to extend edness and exposure of our tax burden terribly inefficient, irresponsible, and the credit. That was the approach is the measure that is probably going poor use of scarce taxpayer resources. taken by Congress to finally stop the to be adopted today to continue and ex- The expansion of the home buyer tax waste, fraud, and abuse of the so-called pand the home buyer tax credit provi- credit, if it continues only to affect one FHA seller no-downpayment program. sion. in five new home purchases with the Finally, and most troubling, is that Let me begin by pointing out that I new higher limits, will significantly in- we are going down the same path that originally supported the creation and crease the cost of exposure of the led us to the subprime crisis. The pre- the first extension of the home buyer American public to the costs of these vious two administrations tried to prop tax credit. Unfortunately, these days it credits and to the risk. up home prices through government in- seems as if the fastest way to make Even worse than the inefficient use centives and programs similar to the something permanent is to have Con- of tax dollars is the misuse of funds. tax credit, which contributed to the gress legislate a temporary program. With the lack of oversight and uncov- housing bubble. No-downpayment sales As a longtime housing advocate, I be- ered fraud in this program, extending led to the explosion of foreclosures. lieve a temporary credit, combined the credit could result in throwing If a family doesn’t have the dollars with other tools, such as housing coun- away billions of taxpayer dollars. The for a downpayment, they often cannot seling and refinancing efforts by State evidence of fraud in the program was cover the unexpected but sure to occur financing housing agencies, would help reported by the Treasury Inspector unforeseen costs of owning a home. No in the stabilization and recovery of the General for Tax Administration. Ac- downpayment has meant for too many market. cording to him, the IRS is inves- people the American dream turning Like many of my colleagues, I be- tigating more than 100,000 suspicious into the American nightmare. lieved it was critical to address the and potentially fraudulent claims in- Are we going down the same road housing market that was at the root of volving tax credits. In addition, the with the home buyer tax credit? Are the housing crisis and led to our reces- IRS and Federal law enforcement agen- the credits being monetized to cover sion. However, the housing crisis has cies are investigating 167 criminal for an inability of the purchaser to evolved from a crisis caused by loose schemes involving the credit. come up with the downpayment?

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10968 CONGRESSIONAL RECORD — SENATE November 2, 2009 Lastly, does anyone remember Presi- I urge my colleagues to read the Con- gage-backed securities on its way to a prom- dent Clinton’s 1995 National Homeown- gressional Quarterly cover story of ised total of $1.25 trillion. The Treasury has ership Strategy in which he charged July 7, 2008, entitled ‘‘FHA Guarantees taken on the debts and operational losses of HUD to work with leaders in govern- Not A Panacea.’’ By pushing and sub- Fannie Mae and Freddie Mac, which own or guarantee a combined $5.4 trillion in mort- ment and the housing industry to in- sidizing home ownership, the govern- gages. The Federal Housing Administration, crease home ownership? Have we for- ment has turned the American dream designed to insure mortgages for a relatively gotten President Bush’s 2002 America’s into the American nightmare for home- few low-income buyers, backed 40 percent of Homeownership Challenge and the 2004 owners, for neighbors, communities, all new home loans (together with other Ownership Society Initiative to work the global financial system, and tax- agencies) in August, according to the Mort- with the real estate and mortgage fi- payers. gage Bankers Association. Yet its losses nance industries to help boost the Are we learning from past mistakes have mounted: An audit shows that FHA re- home ownership rates of minorities or repeating them? Even without the serves are about to fall below the legal min- imum, which is 2 percent of the value of all with the goal of increasing the number tax credit, government has already loans guaranteed by the agency. In short, the of minority homeowners? taken unprecedented steps to stabilize very real risk of homeowner default is now All of these are extremely noble ob- the housing sector. The Fed has bought more concentrated than ever before in the jectives. I agree with the objectives. hundreds of billions of dollars’ worth of government’s hands. That is perhaps nec- But how did the government actually mortgage-backed securities, taken on essary in an emergency, but certainly unde- encourage home ownership? The gov- the debts of Fannie and Freddie, re- sirable in the long run. ernment used a number and variety of placed the private subprime lending The housing market has also benefited tools, such as tax incentives and easy with the government’s version of from its own version of the ‘‘Cash for Clunkers’’ program, which Congress created access to financing for borrowers subprime through the FHA by expand- for autos. As part of the February stimulus through entities such as Fannie Mae, ing their business in several ways, such bill, Congress created an $8,000 tax credit for Freddie Mac, and the FHA. as the enactment of HOPE for Home- individual first-time homebuyers who make The Tax Code already provides gen- owners. Not surprisingly, FHA losses less than $75,000, or couples who makes less erous incentives to encourage home have dramatically increased. than $150,000; it expires in November. This ownership through mortgage interest I ask unanimous consent to continue was an expansion of a slightly less generous deduction, property tax deduction, and for 1 minute. ‘‘temporary’’ credit Congress had adopted in capital gains tax exclusion. The Joint The ACTING PRESIDENT pro tem- 2008. The National Association of Realtors Committee on Taxation estimates that pore. Without objection, it is so or- says that the policy generated 350,000 home sales this year. And, not surprisingly, the for 2008 these tax incentives totaled dered. real estate industry and its supporters on just over $108 billion. Mr. BOND. The damage caused by Capitol Hill are calling for an extension of Through the implicit backing of the distorting housing prices cannot be de- the $8,000 credit to save the incipient hous- Federal Government and its own tax nied. Economics Professor Edward ing recovery. Sen. Johnny Isakson (R-Ga.) advantages, Fannie Mae and Freddie Glaeser of Harvard wrote: wants to make it $15,000. Mac were to boost home ownership by Subsidized lending has encouraged millions The credit probably did stimulate home improving access to credit for bor- of markets to leverage themselves wildly to sales, just as Cash for Clunkers gave auto rowers. For low-income borrowers, the bet on the housing market. dealers a shot in the arm this summer. But, like Cash for Clunkers, the housing credit government pushed Fannie and Freddie Betting taxpayer funds is a bad bet. does not magically generate demand. It to increase its purchases of the riskiest Why are we continuing these debt- moves demand around—from the future to loans, such as alternative A and fueled policies? Why do we keep using the present, and from other consumers, and subprime mortgages—some where they taxpayer dollars to distort and manipu- other sectors, to homebuyers and homes. didn’t even check to see if the person late the market? What is our exit These ‘‘results’’ don’t come for free. Cash for had an income. The riskiest loans even- strategy from a massive Federal Gov- Clunkers added $4 billion to the federal def- tually accounted for about 15 percent ernment takeover of housing? icit, and the housing tax credit is on track to add $15 billion. of Fannie and Freddie’s portfolio, Josh Rosner, a managing director of Congress should end this program while it which included a significant number of Graham Fisher, said: still can. With hundreds of billions of dollars subprime loans originated by lenders We’ve created a society where we love the in support from the Fed, the Treasury and such as Countrywide. term home ownership, yet we can’t allow the FHA still in place, the housing market Not surprisingly, Countrywide be- people to understand that they are being can survive without it. Indeed, the looming came Fannie Mae’s top business part- taken advantage of. problem for the U.S. economy is how to wean ner, accounting for 28 percent of I ask unanimous consent to have the housing off its dependence on federal back- Fannie’s loan portfolio in 2007. FHA Washington Post editorial of Sep- ing. That job will be hard enough without also was used by the government to en- tember 19 and articles by Professor adding yet another not-so-temporary subsidy to the list. courage home ownership by ensuring Glaeser printed in the RECORD. loans at virtually no risk to lenders There being no objection, the mate- [From the Boston Globe, Nov. 2, 2008] and with little or no downpayment by rial was ordered to be printed in the THIS OLD HOUSE POLICY borrowers. RECORD, as follows: (By Edward Glaeser) In other words, nobody who was run- [From the Washington Post, Sept. 19, 2009] At the heart of this fall’s historic financial ning up the tab, who was taking on the EXTRA CREDIT crisis lies a steep, nationwide fall in the obligations on the government’s credit It’s time for Congress to cancel a tem- price of homes. After a wild, bubble-like card, had any skin in the game. With porary tax subsidy for homebuyers. boom, housing prices have fallen more than the implosion of the private subprime For the Nation’s troubled housing market, 30 percent in some areas, wiping away the industry and the credit crunch, the things are looking tentatively but undeni- wealth of ordinary Americans and bringing government—through Fannie, Freddie, ably better. New-home sales, though still some of the nation’s biggest financial insti- and FHA—has become the primary well below where they were a year pre- tutions to the point of insolvency. source of mortgage funding. The Fed- viously, rose at a nearly 10 percent monthly For many pundits and politicians, the solu- rate in July. The median home price ticked tion is clear: find some way to keep the price eral Reserve Bank recently estimated up in 15 of 20 metropolitan areas in June, ac- of houses high, whether through new govern- the Federal Government now accounts cording to the S&P/Case-Shiller Home Price ment-subsidized loans or by buying up trou- for 95 percent of the mortgage market. Index. This is important good news for the bled mortgages. Keeping house prices up has In other words, the Nation’s mortgage economy, because it promises an end to the an obvious appeal to home-owning voters. market has been effectively federal- foreclosure wave that has rippled across the The banking system would certainly benefit ized, and all of the risk is now on the country and because even families not if new subsidies actually did shore up the as- back of the taxpayer. threatened by foreclosure tend to trim their sets that lie at the center of the crisis. As with previous housing bubbles, spending in times of declining home equity. But despite its popular appeal, the notion This fragile stability has been achieved that the government should try to prop up the taxpayer ends up bearing the through colossal government intervention in housing prices with more mortgage subsidies brunt. Last time I checked, the govern- the housing sector. To hold down mortgage is a mistake. On a practical level, even a ment didn’t do a good job of being a rates, the Federal Reserve has bought hun- huge expenditure of taxpayer money is un- landlord. dreds of billions of dollars worth of mort- likely to have a meaningful effect on the

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10969 price of homes. And to the extent that it did does modestly encourage homeownership. who aren’t planning on living in the same work, artificially high house prices will only But it specifically encourages borrowing to place for a long time. For people who live in encourage more new homes to be built, add- invest in expensive homes, which are risky multifamily dwellings, the administrative ing to the glut and making the crisis worse. assets that can crash as well as boom. We costs of renting can be much lower than In a larger sense, the problem lies in the had housing bubbles long before the federal dealing with the difficulties of collective very idea that the government should spend government got into the subsidy business, ownership. Renting creates more flexibility money to keep house prices high—the legacy but encouraging homeowners to buy with for people in America’s highly mobile work- of an expensive national housing policy that borrowed money certainly did nothing to force. A far more sensible approach to hous- has long outlived its purpose. moderate extreme price swings. ing would view homeownership as one pos- Today, there is no more case for artifi- The past eight years, in which housing sible housing option, not a primary public cially boosting housing prices than there is prices first doubled and then collapsed, de- goal. for artificially inflating the price of tea or T- serve a place in the annals of market mania. And even if, as a society, America decides shirts. We need to start treating housing In states like Massachusetts, where housing that the social benefits of homeownership markets not as some sort of ephemeral part supply is limited, borrowing has kept prices are sufficiently strong that ownership should of the American dream, but with the same high, which benefits existing homeowners be encouraged, there are much cheaper and rigorous logic that is used to think about but counterproductively makes homeowner- more effective ways of doing that than by markets for oil or software or orange juice. ship more difficult for ordinary Americans. encouraging people to borrow more money. The goal of housing policy should be not to In states like Nevada, with few regulations For instance, the home mortgage interest make prices higher, but to make homes more and wide-open spaces to build, these policies deduction could be reduced or even elimi- affordable—and, in so doing, to give people encourage further construction of more and nated. Most people who are on the margin the opportunity to choose housing that fits bigger homes. In the 1940s, it may have made between renting and owning have relatively their needs. sense to encourage Americans to house their lower incomes. Yet the home mortgage in- A better response to this crisis would be to children in larger and better houses. But terest deduction targets its benefits to the define sensible housing goals and to find today, we are essentially spending federal richest people, who buy the biggest homes. A policies that will actually help us meet money to encourage people to live in 3,000- small targeted subsidy for first-time buyers them. Rather than increasing the subsidies square-foot houses instead of 2,500-square- could encourage homeownership just as ef- for borrowing, the government would do bet- foot houses. fectively as the current system, without en- ter to offer a small, targeted tax benefit to In the midst of the crisis, it’s understand- couraging people to borrow vast amounts or first-time home buyers. Instead of large- able that some economists would think that to buy larger homes. (Reducing the home scale incentives that divert billions of dol- the right response is to try to keep housing mortgage interest deduction doesn’t mean lars toward wealthy Americans who borrow prices up by jacking up the federal subsidy that taxes need to go up—we could take the to buy bigger homes, we should make hous- for borrowing. Their logic is that lower $75 billion that it costs and use that money ing more affordable by reducing the barriers mortgage rates will energize home buyers to reduce other taxes.) to building more housing where it’s needed. and cause housing prices to rise again. This Instead of spending federal money to en- Housing is special. It is not just a com- kind of policy—bolstering prices by sub- courage borrowing and keep prices high, it modity or an investment, but a basic human sidizing borrowing—is like catnip to politi- would make more sense to make housing need. Our homes are the stages on which cians, since most American voters are home- more affordable by eliminating the artificial restrictions that stymie supply. In other much of our lives play out. For most Ameri- owners who would like to see prices go up. cans, homes are also the primary form of But trying to boost house prices through areas of the economy, the government pro- savings, which means that the government looser lending is likely to be expensive, inef- tects consumers by eliminating monopolies has a strong interest in not paying to fuel fective, and create a number of unattractive and other barriers to competition; our na- the borrowing that helped spur this painful side effects. Even a massive and expensive tion’s commitment to free markets and free boom-bust cycle in the first place. government intervention is likely to do no trade reflects our faith that ordinary Ameri- For 75 years, through both Democratic and more than prop up house prices by 5 per- cans win when the price of clothing is Republican administrations, the federal gov- cent—a difference almost imperceptible to brought down by imports from China, or when retailers and manufacturers face fewer ernment has aimed to increase homeowner- the people who need it most, those who have unnecessary regulations. ship by making it easier for people to borrow seen their house values drop by 30 percent. In the housing market, prices are artifi- money to buy a house. The roots of this ap- Lending subsidies are likely to be particu- cially inflated by barriers to building new proach lie in the New Deal, when the govern- larly ineffective in the areas that have had housing in many communities. In dense ment wanted to boost employment in the the biggest boom-bust cycles, like Las Vegas states like Massachusetts, prices have been construction industry. The public commit- and Phoenix. In these places, there are nei- kept high by localities that oppose new con- ment to subsidized lending increased in the ther natural nor man-made limits on build- struction, with large minimum lot sizes, Housing Act of 1949, which embraced the ob- ing, and, as a result, house prices in these Draconian barriers to subdivisions, and a jective of ‘‘a decent home and a suitable liv- areas stayed close to the cost of construction general hostility to any multifamily hous- ing environment for every American fam- until 2003. Between 2003 and 2006, these areas ing. If those rules were eased, then housing ily.’’ experienced a brief, wild price boom. Today, To achieve its goals, the government es- would become more abundant and affordable. prices in these areas are headed down toward Today, in the depths of the crisis, it’s easy tablished Fannie Mae and Freddie Mac, construction costs again. If a housing sub- to think that the quickest solution is to which created a fluid mortgage market by sidy did manage to keep prices higher for a keep house prices from falling any further. guaranteeing mortgages against default. On time, this would only encourage more over- Certainly, we shouldn’t feed the financial an even larger scale, the government pro- building and a larger housing glut. panic by deliberately pushing housing prices vides an immense annual subsidy to mort- Any new subsidy would only increase the downward in the midst of a price collapse. gage holders in the form of the home mort- cost of our current system, which is already But it also doesn’t make sense to try to stop gage interest deduction—a tremendous tax immensely expensive. We still don’t know the natural return of housing prices to their advantage enjoyed by anyone who borrows how much restructuring Fannie Mae and long-run levels—and to do so for reasons that money to buy a house and earns enough to Freddie Mac will cost. The mortgage-inter- no longer suit America’s housing needs. make itemization worthwhile. The more you est subsidy was estimated to cost the gov- Subsidized lending has encouraged millions borrow, the more you save in taxes. ernment $74 billion in 2007 alone. Most of of Americans to leverage themselves wildly These policies helped create a multitril- that money benefits people with the largest to bet on the housing market. All that bet- lion-dollar home-lending market, which has mortgages. The current system, in other ting helped to create the bubble that has helped bring about remarkable improve- words, allocates vast amounts of money to now popped. Lending more cheap money ments in American housing. In 1940, almost help well-off people bid up the prices of even would be like a gambler doubling down and 45 percent of American homes lacked com- better-off people’s homes. hoping for a win next time. plete indoor plumbing. More than 20 percent Instead of continuing the debt-fueled poli- Not everyone needs to be a homeowner. of homes had more than one person per cies that got us where we are, why not Not everyone needs to live in a McMansion. room. By 1980, less than 3 percent of homes rethink our approach to the housing market? There’s no single solution to the puzzle of lacked plumbing and less than 5 percent had Our current policy takes homeownership housing policy, but one thing is clear: it more than one person per room. Today, the itself to be a public good. Our leaders seem should be based on good economics, not on average American has close to 1,000 square to like homeowners. Thomas Jefferson an attachment to homeownership, the polit- feet of living space, more than twice the lauded yeoman farmers and George W. Bush ical appeal of helping homeowners, or the norm in France or England or Germany. admires the ownership society. Homeowners sentimental view that the American dream Much of that improvement was driven by ris- are indeed more likely to vote in local elec- means owning a big house. ing American incomes rather than govern- tions or know the name of their congress- The ACTING PRESIDENT pro tem- ment policy. Still, by those measures, fed- man; they are also more likely to garden, eral housing policy at least looks like a suc- and own guns. pore. The Senator from Arizona is rec- cess. Yet homeownership is not for everyone. As ognized. But the public subsidy of credit markets recent events well illustrate, owning a home Mr. KYL. Mr. President, once again has also had a dark side. The tax subsidy comes with large risks, especially for people this weekend I got an earful when I

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10970 CONGRESSIONAL RECORD — SENATE November 2, 2009 went home and heard from my con- care costs. In fact, the nonpartisan cost $1.055 trillion over a decade, which while stituents. Arizonians have told me re- Congressional Budget Office, the Joint far above the $829 billion net cost that Mrs. peatedly they don’t want government- Committee on Taxation, the Chief Ac- Pelosi fed to credulous reporters is still a low-ball estimate. Most of the money goes run insurance and they deserve to have tuary at the Department of Health and into government-run ‘‘exchanges’’ where their concerns taken seriously. The Human Services, and other inde- people earning between 150% and 400% of the Democratic leaders in both Chambers pendent actuaries all agree: The Demo- poverty level—that is, up to about $96,000 for of Congress have decided to include crats’ plan will drive up premiums and a family of four in 2016—could buy coverage government-run insurance, the so- overall health care spending faster at heavily subsidized rates, tied to income. called public option, in their than in the absence of such so-called The government would pay for 93% of insur- healthcare bills anyway. reforms. ance costs for a family making $42,000, 72% for another making $78,000, and so forth. Supporters of government-run insur- As premiums rise, politicians will At least at first, these benefits would be of- ance say it would be one choice of search for ways to control spiraling fered only to those whose employers don’t many and that it would promote com- costs without relinquishing their con- provide insurance or work for small busi- petition. In reality, the government- trol. The most obvious path would be nesses with 100 or fewer workers. The tax- run insurance would soon be the only more tax increases and payment cuts payer costs would be far higher if not for this option. Its artificially low prices, gov- for doctors and hospitals, but when ‘‘firewall’’—which is sure to cave in when ernment backing, and ability to run at those options are exhausted—and they people see the deal their neighbors are get- ting on ‘‘free’’ health care. Mrs. Pelosi a huge loss would quickly put private will be—the government’s only remain- knows this, like everyone else in Wash- insurers out of business, forcing mil- ing cost containment tool is to control ington. lions of Americans onto the govern- how much health care everyone re- Even so, the House disguises hundreds of ment-run plan. ceives; that is, to ration care. billions of dollars in additional costs with That is why the Lewin Group esti- The Pelosi bill shows Democratic budget gimmicks. It ‘‘pays for’’ about six mates that 88 million Americans with leaders have not listened to the Amer- years of program with a decade of revenue, employer-sponsored insurance would ican people at all. Americans have been with the heaviest costs concentrated in the second five years. The House also pretends wind up on the government-run plan. clear. They do not want a government Medicare payments to doctors will be cut by The Lewin Group is a well respected takeover of health care. Americans 21.5% next year and deeper after that, ‘‘sav- firm that consults in the area of health want high-quality health care that is ing’’ about $250 billion. ObamaCare will be care. more affordable. Instead, they are get- lucky to cost under $2 trillion over 10 years; It concludes that once the architec- ting a 2000-page, $1.055 trillion bill that it will grow more after that. ture for a huge government-run plan is leads to a near Washington takeover of Expanding Medicaid, gutting private Medi- in place, future Congresses need only care. All this is particularly reckless given health care with rationing and in- the unfunded liabilities of Medicare—now take small steps to get to a single- creased premiums and new taxes along north of $37 trillion over 75 years. Mrs. payer system. the way. Pelosi wants to steal $426 billion from future We have seen what happens in coun- Republicans will insist on protection Medicare spending to ‘‘pay for’’ universal tries with government-run health for our constituents from the harmful coverage. While Medicare’s price controls on care—rationing, delays, and denials. No effects of this bill. We believe Ameri- doctors and hospitals are certain to be tight- country, not even the most prosperous cans have rights in this process. We ened, the only cut that is a sure thing in on Earth, has unlimited resources to want to see commonsense reforms that practice is gutting Medicare Advantage to spend on health care. So when a gov- the tune of $170 billion. Democrats loathe empower patients and families, not this program because it gives one of out five ernment takes over health care—as it government bureaucrats. seniors private insurance options. has in countries such as Britain, Can- I ask unanimous consent that an edi- As for Medicaid, the House will expand eli- ada, and many European countries— torial in the Wall Street Journal, dated gibility to everyone below 150% of the pov- care ends up being rationed. People in November 1, called ‘‘The Worst Bill erty level, meaning that some 15 million new Canada and the United Kingdom rou- Ever’’ be printed in the RECORD. people will be added to the rolls as private tinely wait months for procedures There being no objection, the mate- insurance gets crowded out at a cost of $425 Americans can get in a matter of days, billion. A decade from now more than a quar- rial was ordered to be printed in the ter of the population will be on a program if not hours. The stories you hear RECORD, as follows: originally intended for poor women, children about monthly, in fact years-long, [From the Wall Street Journal, Nov. 1, 2009] and the disabled. waiting lists are not cherry-picked THE WORST BILL EVER Even though the House will assume 91% of the ‘‘matching rate’’ for this joint state-fed- scare stories. They are commonplace. Speaker Nancy Pelosi has reportedly told eral program—up from today’s 57%—gov- Patients often wait in pain for an MRI fellow Democrats that she’s prepared to lose ernors would still be forced to take on $34 or a hip replacement or dental care. seats in 2010 if that’s what it takes to pass billion in new burdens when budgets from Al- According to a study by the Fraser ObamaCare, and little wonder. The health bany to Sacramento are in fiscal collapse. bill she unwrapped last Thursday, which Institute, which is a Canadian-based Washington’s budget will collapse too, if think tank, the average wait time for President Obama hailed as a ‘‘critical mile- anything like the House bill passes. treatment from a specialist is 18.3 stone,’’ may well be the worst piece of post- European levels of taxation. All told, the weeks in Canada. New Deal legislation ever introduced. House favors $572 billion in new taxes, most- In a rational political world, this 1,990-page The $1.055 trillion Pelosi health care ly by imposing a 5.4-percentage-point ‘‘sur- runaway train would have been derailed charge’’ on joint filers earning over $1 mil- bill unveiled last week sets us on months ago. With spending and debt already course to experience that kind of gov- lion, $500,000 for singles. This tax will raise at record peacetime levels, the bill creates a the top marginal rate to 45% in 2011 from ernment rationing. Under the Pelosi new and probably unrepealable middle-class 39.6% when the Bush tax cuts expire—not plan, a new health care choices com- entitlement that is designed to expand over counting state income taxes and the phase- missioner—by the way, that sounds a time. Taxes will need to rise precipitously, out of certain deductions and exemptions. little Orwellian to me—will decide even as ObamaCare so dramatically expands The burden will mostly fall on the small what counts as essential benefits for government control of health care that even- businesses that have organized as Sub- tually all medicine will be rationed via poli- chapter S or limited liability corporations, Americans. Simply put, Washington tics. bureaucrats at 111 new Federal boards, since the truly wealthy won’t have any dif- Yet at this point, Democrats have dumped ficulty sheltering their incomes. commissions, and programs will dic- any pretense of genuine bipartisan ‘‘reform’’ This surtax could hit ever more earners be- tate your health insurance. and moved into the realm of pure power poli- cause, like the alternative minimum tax, it The Government will order all insur- tics as they race against the unpopularity of isn’t indexed for inflation. Yet it still won’t ance plans to offer a one-size-fits-all their own agenda. The goal is to ram through be nearly enough. Even if Congress had con- benefits package, and the same array whatever income-redistribution scheme they fiscated 100% of the taxable income of people of plan options. Rather than having the can claim to be ‘‘universal coverage.’’ The earning over $500,000 in the boom year of freedom to compete, insurers would in result will be destructive on every level—for 2006, it would have only raised $1.3 trillion. the health-care system, for the country’s fis- When Democrats end up soaking the middle essence become prepaid health utili- cal condition, and ultimately for American class, perhaps via the European-style value- ties. freedom and prosperity. added tax that Mrs. Pelosi has endorsed, The new Federal mandates and re- The spending surge. The Congressional they’ll claim the deficits that they created quirements will quickly raise health Budget Office figures the House program will made them do it.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10971 Under another new tax, businesses would Mr. KYL. Let me quote four sen- dustry as the Pelosi bill has done. Nor have to surrender 8% of their payroll to gov- tences from this editorial. are you going to see an over-a-thou- ernment if they don’t offer insurance or pay In a rational political world, this 1,990-page sand-page bill such as the bills that at least 72.5% of their workers’ premiums, runaway train would have been derailed which eat into wages. Such ‘‘play or pay’’ came out of the Senate committees. months ago. With spending and debt already taxes always become ‘‘pay or pay’’ and will You are not going to see $1 trillion at record peacetime levels, the bill creates a rise over time, with severe consequences for come out of Republicans. We do not be- new and probably unrepealable middle-class hiring, job creation and ultimately growth. lieve that is the way to deal with the While the U.S. already has one of the highest entitlement that is designed to expand over time. Taxes will need to rise precipitously, discrete problems that exist in our sys- corporate income tax rates in the world, tem. Democrats are on the way to creating a high even as ObamaCare so dramatically expands government control of health care that even- Yes, we have problems. Those prob- structural unemployment rate, much as Eu- lems have specific solutions. But they rope has done by expanding its welfare tually all medicine will be rationed via poli- states. tics. do not have to cost $1 trillion or con- Meanwhile, a tax equal to 2.5% of adjusted The editorial goes on to say: sume 2,000 pages of text and take over gross income will also be imposed on some 18 The result will be destructive on every our health care system. That is the million people who CBO expects still won’t level—for the health-care system, for the whole point of the debate. You have buy insurance in 2019. Democrats could make country’s fiscal condition, and ultimately for two different philosophies: one which this penalty even higher, but that is politi- American freedom and prosperity. says we have to do it in a comprehen- cally unacceptable, or they could make the subsidies even higher, but that would expose The editorial goes on to detail the sive way that takes over everything we the (already ludicrous) illusion that myriad of ways this is true. I believe currently have; the other says, no, we ObamaCare will reduce the deficit. the conclusion is correct and mirrors don’t have to do that, that is too much The insurance takeover. A new ‘‘health the comments I made at the beginning taxes, too much loss of freedom, an in- choices commissioner’’ will decide what here. crease in premiums, too much govern- counts as ‘‘essential benefits,’’ which all in- The final thing I wish to do is to ment control, and too much debt. We surers will have to offer as first-dollar cov- comment on a letter which Repub- don’t need to do that. What we need to erage. Private insurers will also be told how much they are allowed to charge even as licans wrote to the majority leader and do is focus on the specific problems and they will have to offer coverage at virtually the response which we received. Out of solve them. the same price to anyone who applies, re- fairness to the majority leader, I ask We have talked repeatedly about the gardless of health status or medical history. unanimous consent that at the conclu- ideas we have to do that. You can save The cost of insurance, naturally, will sky- sion of my remarks, his letter be print- maybe $100 billion to $200 billion a year rocket. The insurer WellPoint estimates ed in the RECORD. in unnecessary health care expendi- based on its own market data that some pre- The ACTING PRESIDENT pro tem- tures that result from the practice of miums in the individual market will triple under these new burdens. The same is likely pore. Without objection, it is so or- defensive medicine. That is, medical to prove true for the employer-sponsored dered. malpractice reform could save that plans that provide private coverage to about (See exhibit 1.) much money without costing a dime. 177 million people today. Over time, the new Mr. KYL. Mr. President, what we You could also provide for more com- mandates will apply to all contracts, includ- wrote was to ask him if he would be petition among the insurance compa- ing for the large businesses currently given a willing to share with us the bill that nies—not through a government-run safe harbor from bureaucratic tampering the media reported he had sent to the insurance company but allowing them under a 1974 law called Erisa. Congressional Budget Office to have The political incentive will always be for to compete with each other across government to expand benefits and reduce scored. That is congressional talk for State lines, by allowing small busi- cost-sharing, trampling any chance of giving to have the cost facts, costs of and sav- nesses and others to join together and individuals financial incentives to economize ings from the bill, or taxes generated expand their risk pools into something on care. Essentially, all insurers will become by the legislation provided to us. Every called association health plans, so they government contractors, in the business of bill that comes to the Senate floor has would have more bargaining power fulfilling political demands: There will be no to be scored. The news had reported when they negotiate with the insur- such thing as ‘‘private’’ health insurance. All of this is intentional, even if it isn’t ex- that the majority leader had sent a bill ance companies, as big business does, plicitly acknowledged. The overriding liberal to CBO to be scored. and a variety of other things. ambition is to finish the work began decades He held a press conference in which My point is the Republican solutions ago as the Great Society of converting he talked about the government option to the specific problems are targeted health care into a government responsi- or government-run health care part of solutions that don’t cost a lot of bility. Mr. Obama’s own Medicare actuaries that, what I spoke about earlier. But money, don’t ration health care, don’t estimate that the federal share of U.S. what the majority leader said in this take away your freedom, and don’t re- health dollars will quickly climb beyond 60% letter is that there is no bill. He talked from 46% today. One reason Mrs. Pelosi has quire 2,000 pages to wade through what fought so ferociously against her own Blue about the part he had referred to the you are doing. Dog colleagues to include at least a scaled- CBO, relating to the so-called public When the majority leader tries to en- back ‘‘public option’’ entitlement program is option, but he then said that is all he tice Republicans into sharing with him so that the architecture is in place for future had sent to them, and I will quote his our comprehensive bill that is like the Congresses to expand this share even further. conclusion here: ‘‘In other words, there Democrat comprehensive bill, my an- As Congress’s balance sheet drowns in tril- is no bill to release publicly—it does swer to him is I am sorry, Mr. Leader, lions of dollars in new obligations, the polit- not exist.’’ you are going to be disappointed be- ical system will have no choice but to start making cost-minded decisions about which Apparently there is no bill yet from cause that is not our approach, as we treatments patients are allowed to receive. the majority leader, only this concept have been saying all along. But at the Democrats can’t regulate their way out of of a public option which he has pre- time you have your 1,000-page or 2,000- the reality that we live in a world of finite sented to CBO to be scored. He then page bill, whatever it is, obviously we resources and infinite wants. Once health concluded by asking where the ‘‘com- wish to see it. care is nationalized, or mostly nationalized, prehensive Republican alternative is,’’ I think the American people deserve medical rationing is inevitable—especially and he said he would like to get a copy to see it because, as I heard from my for the innovative high-cost technologies and drugs that are the future of medicine. of that. constituents this weekend, they are Mr. Obama rode into office on a wave of This is something Republicans have very afraid about what they are hear- ‘‘change,’’ but we doubt most voters realized been saying for months now. You are ing. They are hearing about this mas- that the change Democrats had in mind was not going to see the same size bill out sive government takeover, massive ex- making health care even more expensive and of Republicans you have seen out of the pense, new taxes, premium increases, rigid than the status quo. Critics will say we Democratic majority. You are not increase in the debt, and rationing of are exaggerating, but we believe it is no going to see a 2,000-page bill. I exag- health care. They are scared to death stretch to say that Mrs. Pelosi’s handiwork ranks with the Smoot-Hawley tariff and gerate by 10 pages; I am sorry, it is and they have a reason to be frightened FDR’s National Industrial Recovery Act as 1,990 pages. We are not going to propose about this. among the worst bills Congress has ever seri- a comprehensive reform of the entire As soon as the majority bill is ready, ously contemplated. health care system and insurance in- obviously Republicans are going to

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10972 CONGRESSIONAL RECORD — SENATE November 2, 2009 want to examine it and share it with wish to associate myself with the re- Further, it appears the legislation— our constituents. In the meantime, marks of the Senator from Arizona. In again, I am speculating to some degree, what we have to talk about, I guess, is his comments, I thought Senator KYL but it appears the legislation would re- the bill that will be debated and voted hit the nail on the head. What we are quire States to opt out by 2014. Yet it on in the House of Representatives this looking for and I believe what the is going to take about 3 or 4 years to week, the so-called Pelosi bill which, American people are looking for in this get this government plan up and run- as I said, the Wall Street Journal has health care debate is a very thoughtful, ning. So almost at the same time that editorialized about today in a way that step-by-step approach. That is what I you are supposed to opt out, we will fi- I think should continue to frighten hear when I go back home. I suspect nally see, in terms of the regulations, people. As I said, it is called ‘‘The other Senators are hearing the same what this government plan is going to Worst Bill Ever,’’ and after you read thing. do to States and taxpayers in those the editorial I think you can see the Today I want to talk about some- States. I can’t see that there is much reasons why. thing that I as a former Governor—and choice. I yield the floor. I know the Presiding Officer was a You see, today we have the oppor- EXHIBIT 1 former Governor; we were Governors tunity to opt out of various Federal together—have experience with and U.S. SENATE, programs—No Child Left Behind. Ne- Washington, DC, November 2, 2009. that is Federal legislation that comes braska could opt out of the Federal bu- DEAR COLLEAGUE: Thank you for your re- along and it basically says to the reaucracy. Why don’t they opt out? cent letter on health care reform. I agree States: If you don’t like this Federal Why don’t other States? Because you with you about the importance of ensuring legislation, you can opt out. I often really don’t have a choice. The burden that the Senate debate health care reform in had that situation when I was Gov- of the legislation is still going to be an open and transparent way, and assure you ernor. Within the last 2 weeks or so, that the process for considering this critical there, and by opting out, what you are this idea came to the forefront with saying is: I will force the burden upon legislation will continue to meet that stand- the health care debate. All of a sudden, ard. my taxpayers and we will forego what- As you know, both the HELP and Finance there was this trumpeting going on ever limited benefit is available. So I that there would be a State choice here Committees conducted lengthy public mark- just say, as we study this, don’t be and that would be kind of a com- ups at which Republican and Democratic fooled. Opt-out in fact may have more promise, I think a compromise to bring Senators offered numerous amendments and of a downside and I suspect it is going proposals by members of both parties were some reluctant votes over in favor of to have more of a downside than any approved. This legislation has been fully the bill. available on the Internet for many weeks. I have to say I am very skeptical of potential for an upside, and therefore As you also know, we are now working to this concept. We have not seen the bill that is not a choice. The other thing I have to tell you is take these publicly-available provisions and yet here on the Senate side. That is meld them together into a single bill. Apart that as I look at this, there really is being worked on behind closed doors. I from my decision to include a public option not an opt-out. I think where we are was fascinated to listen to the Senator from which states may opt out, no final deci- headed is a first step toward a single- from Arizona talk about the fact that sions have been made—and none can be made payer, government-type program. Gov- until we get more information about how the majority leader said there is no bill ernment should not be the sole pro- CBO would score different combinations. In yet. If we are going to start debate other words, there is no bill to release pub- here, I hope a bill comes up soon so we vider of health insurance. It should not licly—it does not exist. have an opportunity to study it. But I be the sole arbiter of what kind of Once we receive the necessary information think we can look from past experience health care people will get in this from CBO, we can begin to make decisions and maybe get an idea of what this opt- country. about what to include in a merged bill. I as- What is the track record when there out is going to look like. sure you that I will make the legislation is a government program when it available to the full Senate and the Amer- No doubt about it, in order for this health care legislation to be able to comes to health care? Well, we can ican people prior to its consideration. There look at the track record because there will be ample opportunity to examine and work at all, billions of dollars are evaluate its provisions. Furthermore, if we going to have to be collected through is a lot of it out there. Medicare and are able to overcome your opposition to per- taxpayers, be collected all across the Medicaid would be perfect examples. mitting the Senate to even debate this im- country, from all States and their tax- Studies have been done of Medicare. portant legislation, all members will have payers. So if a State such as Nebraska They are done on a regular basis. If you the opportunity to offer amendments. I have is seriously considering the possibility are a Medicare recipient out there, you no intention of rushing this process or block- that it might opt out of this bill, it is have heard about this. Medicare is due ing Senators from offering alternatives. to be insolvent in 2017. And I am not While the two health care reform plans going to have to examine what choice that are serving as the main building blocks is available and is there a choice at all. talking about a little fix that is nec- for the merged bill have been publicly avail- Does that mean the State of Nebraska essary here; this is trillions of dollars. able for quite some time, I would note that will get to opt out of higher premiums? That is frightening when you think the Republican Leadership’s health care plan Does that mean the State of Ne- about it. It is especially frightening remains a secret, unless perhaps it does not braska will get to opt out of any indi- when you recognize that the proposal exist. vidual mandates that are a part of the is that about $450 billion will be pulled Needless to say, I fully understand if your out of this program, not to stabilize plan is still under development, and would legislation? Does that mean that if the not presume to suggest that you publicly Governor of Nebraska says, We do not Medicare, although I would argue that share draft legislative text for even an indi- want any part of this bill, the Medicare would make a lot of sense in terms of vidual element of your plan, let alone an en- recipients in Nebraska will not have to trying to say that any dollars that you tire bill, before it is finalized. experience the nearly $500 billion in can save in Medicare should stay with However, as soon as a comprehensive Re- Medicare cuts? Does that mean that if Medicare. No, that is not what is hap- publican alternative is complete, I hope you the Governor of Nebraska chooses to pening at all. You see, what is hap- will be willing to immediately make it pub- opt out of this legislation, he literally pening is that $450 billion will go to lic. I am sure you agree that the American people deserve the opportunity to fully re- has the ability to save Nebraska tax- start a new government program, a view both parties’ health reform plans before payers from the $400 billion, or their new entitlement. Then there is that es- we begin this important debate. share of that, that they would pay in timate that says about $10 billion an- Sincerely, taxes for this legislation, or is this nually is the minimum loss sustained HARRY REID, going to be like so many other opt-out by taxpayers every year due to Medi- Senate Majority Leader. opportunities that the Federal Govern- care fraud—$10 billion due to Medicare The ACTING PRESIDENT pro tem- ment gives to the States, and when you fraud. Medicaid has a 10-percent waste, pore. The Senator from Nebraska is really get down to it, you begin to real- fraud, and abuse rate. Neither is sus- recognized. ize there really is not an opt-out, there tainable under its current form. Mr. JOHANNS. Mr. President, as I really is not a choice; you have all of Again, as a former Governor, I will start out this afternoon, I wish also to the burdens of the legislation but, of tell you that Medicaid is the greatest speak about health care. If I could, I course, get no benefit. challenge Governors face in keeping

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10973 their budget together. We all talk I yield the floor. day. The national debt is nearing $12 about it, Democrats, Republicans; it The ACTING PRESIDENT pro tem- trillion. In the next few days, we will does not make any difference. Yet a pore. The Senator from Florida is rec- reach that mark. The White House part of this health care plan will shift ognized. projects we will be at $23 trillion in 10 the burden to the States when they are Mr. LEMIEUX. Mr. President, I wish years. The national debt rose at a rate already in very difficult times. to follow up on the comments of my of $4 billion a day. It took us until 1982 I recently got a letter from a high colleagues from Nebraska and Arizona. to hit $1 trillion in debt; now we are school junior from Kearney, NE. She I will not be as eloquent as they, but I near $12 trillion. said to me: also want to lend my voice to the dis- When I gave my maiden speech a cou- In my government class, we have discussed cussion regarding health care. ple of weeks ago, I tried to put some the health care issue. I feel very strongly I had the opportunity to receive the real-world context into what these about this issue for a few reasons, the first House bill, 1,990 pages. It is not an easy amounts of money mean because $1 being the fact that all the money the govern- read. I am making my way through it. trillion or $1 billion are numbers that ment is spending is going to come out of the But we have learned a lot through it. I pockets of Americans. This will mostly af- are hard to understand. I said in that fect the youth of this country. This will be have already found that the taxes start speech that $1 billion laid edge to edge my generation who will be paying off the on page 297. There is an estimated over in one-dollar bills would cover the city bills that you will create with this health $1 trillion in costs over the next 10 of Key West, FL, about 3.4 square care plan. years in these 1,990 pages. This is the miles, and $1 trillion would cover My goodness. Did she get that right House bill, the bill Speaker PELOSI has Rhode Island twice. Another way to or not? put forth. We do not yet have a copy of think of it is if you had one-dollar bills You know, it is just the common- the Senate bill to digest. So this is the and you stacked up $1 trillion, it would sense approach. If you are really going text we will go on for now. But I think be 678 miles high. These are staggering to try to do what we are elected to do, it is good to see this in the larger con- amounts of money. why would you not shore up current text in which we debate health care. It So where will all of this spending government programs first before is important to remember that this lead us? Well, I think we know. When going off in this massive, 1,990-page bill year, this Congress has passed a budget you have too much spending, you have to create a new entitlement? Why that has a record-setting $1.4 trillion to increase taxes. When you increase would you go off and siphon nearly $1⁄2 deficit. That is more deficit than the taxes, you reduce prosperity. We know trillion away from Medicare? We last 3 years of Congress combined. this 1,990-page bill already increases should ensure Medicare’s solvency Americans want and deserve more af- taxes. first. fordable health care. We have more In the Wall Street Journal this week- I believe the current proposal is than 40 million Americans without end, Peggy Noonan talked about the about advancing an agenda versus ad- health insurance, nearly 4 million of problems of New York. I do not mean dressing a real need. The government- them in Florida. They want better ac- to single out my friends from New run plan will not make health care cess to health care. They certainly York, but I thought what she said in more affordable. I think we are going want their health care to be less expen- her article was telling because here is a to see that confirmed over and over sive. But keeping this in mind, we have State with high taxes. She said that again as it is analyzed. If affordability to look at the situation in which we the Post reported this week that 11⁄2 is the goal, let people buy insurance find ourselves. The reckless spending of million people have left high-taxed across State lines. You will get vir- this Congress must stop or we are New York State between 2000 and 2008, tually unanimous bipartisan support going to bankrupt the future of our more than a million of them from ever for that. Let small businesses and children and of our grandchildren. higher tax New York City. They took farmers and ranchers band together to The Senator from Nebraska was talk- their tax dollars with them, more than get more competitive rates. Allow tax ing about a letter he received from his $4 billion in 2006 alone. deductibility to level the playing field constituent. I sat in my office and I do not know that people are going between corporations and individuals looked at some of the letters that have to leave the United States of America buying insurance. You see, again, if come in from Florida. I wanted to read because we have taxes that are too you did a step-by-step approach, I one from John Miller from Valrico, FL, high, but, as I said in my maiden think you would get nearly unanimous which is in the Tampa Bay area, right speech 2 weeks ago, I am very con- support for these ideas. near Brandon. He writes—it is in hand- cerned that one of my three sons—Max, Nebraskans see through the rhetoric. writing, it is not typed. It is from Octo- Taylor, or Chase—or maybe the baby I got another letter from a constituent ber 19. He says: we have on the way is going to come to in Omaha: Mr. LeMieux, I am one of those who have me when they are an adult and say: Please oppose latest iteration of health not paid enough attention to what is going Dad, my opportunities are better in an- care reform. This reform package will ac- on. Like others, I am waking up. I have de- complish none of the objectives that have other country because I do not want to cided to go old school and start hand-writing pay 60-percent taxes to pay for the def- been laid out at the outset of this process. letters again. It was recently reported the The ACTING PRESIDENT pro tem- Federal deficit for the 2009 fiscal year was icit and the debt you have laid on my pore. The Senator’s time has expired. $1.4 trillion, up from $459 billion the year be- shoulders. I hope that day never comes. Mr. JOHANNS. I ask unanimous con- fore. I think it is time for Congress to stop So what should we do? Instead of fo- sent for 1 additional minute. all work and start working on ways to cut cusing on new entitlement programs, The ACTING PRESIDENT pro tem- the deficit. One way is to shrink the govern- perhaps we should try to fix the ones pore. Without objection, it is so or- ment. we already have. Medicare, health care dered. Good thing Mr. Miller in Valrico, FL, for seniors, and Medicaid, health care Mr. JOHANNS. I thank the Chair. gets it. Before we start embarking for the poor, have huge amounts of This bill will ultimately lead to Govern- upon 1,990-page endeavors to create waste, fraud, and abuse, an estimated ment-run health care, will have more waste new entitlement programs that cost $1 $60 billion in waste, fraud, and abuse in and fraud than the current system and will trillion, we should focus, as Senator Medicare alone—$60 billion. There necessarily lead to arbitrary rationing and JOHANNS from Nebraska said, on the could be as much as $225 billion in long wait times for treatment. programs that we already have, and we fraud and abuse and waste across the Mr. President, I appreciate the indul- should do so through the lens of the whole health care system. gence to just wrap up my comments debt and deficit we have now that is I seek to be a problem solver in this and say that if there were ever a time going to bankrupt the future of our Chamber, and I seek to bring Demo- to go thoughtfully and carefully one children. crats and Republicans together. So last step at a time and work in a bipartisan Right now, we spend $253 billion a week, I introduced my first bill, S. 2128, way to fix this issue, it is now. My hope year in interest alone—$253 billion to the Prevent Health Care Fraud Act of is that in the weeks ahead, as we de- pay the interest on our debt. That is 2009. What that bill does is simply bate this issue, we will do precisely the third highest expenditure we have three things: No. 1, it creates in the that. in the Federal budget, $700 million a Department of Health and Human

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10974 CONGRESSIONAL RECORD — SENATE November 2, 2009 Services a Deputy Secretary, the No. 2 S. 2128, the Prevent Health Care Fraud We spend a dollar or so at a time for cos- person in the agency who will be the Act of 2009. metics and do not notice the high cost. The chief health care fraud prevention offi- I yield the floor. ribbon-counter clerk can pay 50 cents, 75 cer of the United States. The ACTING PRESIDENT pro tem- cents or $1 a month, yet it would take about They will be responsible for only one pore. The Senator from California. 20 years to set aside [enough money for] a large hospital bill. job—to make sure we ferret out health f care fraud. No. 2, we will bring pre- The Baylor plan proved popular and HISTORY OF THE MEDICAL dictive modeling to health care admin- was soon expanded. It served as the istration in this government. What is INSURANCE INDUSTRY foundation for what would become Blue predictive modeling? An easy way to Mrs. FEINSTEIN. Mr. President, Cross, the first example of a major, understand it is, it is the same way since most people have some form of nonprofit medical insurance provider. your credit cards work. If you make a health insurance, I decided, after many Throughout the 1930s, the number of credit card purchase and your credit calls from constituents who have said Blue Cross plans grew and enrollments card company thinks it is a question- to me: I can’t afford a 20-percent in- expanded. By 1937, 1 million subscribers able transaction, the computer has a crease in my medical health insurance were covered. model, and you get a phone call or an premium; I had a 10-percent one last In response to the lack of coverage e-mail. If you don’t call and validate year, I began to look into the history by Blue Cross for physician services, in that transaction, the vendor doesn’t of the medical insurance industry in 1939, the precursor to Blue Shield, get paid. It happened to me a week or America. I have come to the floor to called the California Physicians Serv- two ago. I went to buy a television. I discuss the current state of the private, ice, was developed. This plan reim- am from Florida. I get an e-mail on my publicly owned, for-profit health insur- bursed physicians for the cost of serv- BlackBerrry before I walk out the ance industry and the ways this system ices based on negotiated payment door, saying: Did you authorize this must be changed during health care re- schedules. According to the Congres- purchase? We don’t do that in health form. Bottom line: Our country is the sional Research Service, in 1945, non- care. Instead, we chase the bad guys biggest health care spender in the profit Blue Cross and Blue Shield plans later and try to get the money back. world. In return, we get very average had expanded to cover 19 million sub- That would stop the money from ever results. scribers nationally in most States. being paid. It wasn’t always this way in Amer- These nonprofit Blue Cross and Blue The third thing it would do is require ica. I wish, for a moment, to briefly re- Shield plans dominated the health in- background checks for health care pro- view the history of health insurance in surance industry. At this same mo- viders. The American people would be our country. Because understanding its ment, Congress was reviewing the mat- surprised to learn we don’t do this development and its transition to the ter of insurance regulation, generally. right now. We have people ripping off for-profit, commercial health insur- In 1945, after significant lobbying by Medicare and Medicaid, $10, $20 million ance model is actually critical to this the industry, the McCarran-Ferguson a shot. My State, specifically in south- debate. Act was enacted. By passing this law, east Florida, is the health care fraud The story began to take shape about the Federal Government committed to capital of the world. 90 years ago. There were very few a hands-off approach to insurance regu- We need to do a better job of spend- health insurance plans before the 1920s. lation, generally, including the regula- ing the money of the people now before As a matter of fact, there was not tion of for-profit, commercial health we embark upon new programs to much in the way of medical services to insurance companies. spend trillions more. Senator KYL men- insure. Options for medical care were This is where things began to change. tioned the Wall Street Journal’s edi- primitive by today’s standards. In 1900, The McCarran-Ferguson Act gave torial of today. It called this bill the the average American spent $5 each States, not the Federal Government, worst bill ever—that is a heck of a year on health care-related expenses. primary responsibility for overseeing name—because it implements a spend- This amounts to roughly $100 in to- the insurance business. It meant, as a ing surge to the tune of more than $1 day’s dollars. Health insurance was not practical matter, that whether insur- trillion. It has $572 billion in new taxes, necessary because the cost of care was ance companies would be regulated and it threatens to bankrupt the low. Over 90 percent of medical ex- forcefully or with little care would be States. Senator JOHANNS mentioned penses were paid out of pocket. Most left up to individual insurance commis- this as a former Governor. I was the patients were treated in their homes, sioners in each of the 50 States. Addi- chief of staff to a Governor. I know and medical technology and treatment tionally, the McCarran-Ferguson Act how difficult it is to make ends meet in options were very limited. The earliest included a specific antitrust exemption a State system where you actually private health insurance plans in the for the business of medical insurance. have to balance budgets, not like the United States were fairly basic agree- As a result, practices such as price fix- Federal Government where you can ments, primarily sponsored through ing, bid rigging, and market allocation, just spend more money and print more employers or unions. Employers de- prohibited by Federal law in every money. The States actually have to ducted funds from participating work- other industry, were left up to the balance budgets. In Florida, we spend ers’ salaries and contracted with local States and their enforcement mecha- more than 30 percent on health care. If physicians for treatment. nisms. you spend more money on health care, During the 1920s, medical technology If insurance companies colluded to specifically Medicaid, guess what you was advancing and the treatment of raise prices above competitive levels, spend less money on. Education and acute illnesses shifted from homes to Federal officials would not and could other good programs. With these in- hospitals. But on the heels of the Great not investigate or intervene. All regu- creased Medicaid obligations, the Depression, an increasing number of lation was up to the States and, in States will be in more of a difficult Americans were unable to afford med- fact, very little regulation has taken place. They will have to either cut ical services, which were becoming place. other programs or raise taxes. more costly. In 1929, the Baylor Univer- During World War II, for-profit, em- The Wall Street Journal said we sity Hospital developed a plan to guar- ployer-based health insurance plans ex- can’t regulate our way out of the re- antee affordable treatment options for panded rapidly and took a firm hold in ality that we live in a world of finite patients while ensuring a steady our country. Due to price and wage resources and infinite wants. stream of revenue for the hospital. Ac- controls, employers competed for We should focus on the programs we cording to author Paul Starr, the workers by offering health insurance have before we embark upon new pro- Baylor plan provided up to 21 days of benefits. In 1944, the unemployment grams. The majority wants to focus on hospital care and certain services to rate was 2 percent. Additionally, new programs and not on effectively 1,500 local teachers in Dallas, TX, for $6 unions were able to collectively bar- and efficiently running programs we a year or 50 cents a month, if we can gain health insurance benefits and em- have. believe it. ployer contributions for health insur- I hope my colleagues from both sides A hospital official promoting the ance which were excluded from a work- of the aisle will join me in supporting plan at the time said: er’s taxable income. By the 1950s, for-

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10975 profit commercial health insurers, such more than double, while benefits have buy health insurance. According to the as Aetna and the Connecticut General been getting worse and the industry Kaiser Family Foundation, since 1999, Life Insurance Company, known now as has been growing less competitive. the average health insurance premium CIGNA, became very active. Then A snapshot of the American health has more than doubled, rising 119 per- things started to change. The market insurance industry today presents an cent. That is an increase of four times share of Blue Cross and Blue Shield alarming picture. the national wage growth over the was significantly reduced in many As of 2007, just two carriers— same period and more than four times parts of the country. As of 1953, com- WellPoint and UnitedHealth Group— the rate of inflation. So it is ‘‘open ses- mercial insurers provided hospital in- had gained control of 36 percent of the ame.’’ surance to 29 percent of Americans national market for commercial health This is an amazing factor. Between versus Blue Cross’s 27 percent. insurance. Both these companies had 1999 and 2007, the average American The widespread entry of commercial more than doubled since 2000. Since worker saw his wages increase 29 per- insurance into the health insurance 1998, there have been more than 400 cent. His insurance premiums rose market had a dramatic impact. First, mergers—that is in 11 years—400 merg- more than 120 percent during that the commercial health insurers did not ers of health insurance companies, as same period. This is how dispropor- operate under the same rate restric- larger carriers have purchased, ab- tionate it is, and it is wrong. tions as Blue Cross. Second, Blue Cross sorbed, and enveloped smaller competi- For some people, this means their premium rates were based on the aver- tors. employer is paying more and strug- age cost of medical services in a de- In 2004 and 2005 alone, this industry gling more to stay in business. For fined geographic area or community. had 28 mergers, valued at more than some, it means they are personally Commercial insurers, on the other $53 billion. That is more merger activ- paying more and struggling to make hand, calculated premiums based upon ity in health insurance than in the 8 ends meet. For some, it means they the claims of particular groups or indi- previous years combined. have been forced to join the ever-grow- Today, according to a study by the viduals and adjusted these premiums ing group of 47 million Americans who American Medical Association, more each year depending on their health simply cannot afford health insurance than 94 percent of American health in- status. This also allowed commercial coverage today. surance markets are highly con- insurers to evaluate coverage on an in- While premiums are going up, there centrated under U.S. Department of dividual rather than use the commu- is no evidence coverage is improving. Justice guidelines. This means these nity rating system of Blue Cross. We have heard countless stories from companies could raise premiums or re- Therefore, commercial insurers were consumers about the way insurers are duce benefits with little fear that con- able to underbid Blue Cross for firms cutting costs and saving money by de- sumers will end their contracts and with very healthy workers who were nying coverage to people with pre- move to a more competitive carrier. existing conditions, rescinding care cheaper to insure. In 10 States—Alabama, Alaska, Ar- Right then and there, we begin to see when people fall ill and haggling ad- kansas, Hawaii, Iowa, Maine, Montana, the skewing of the system away from a ministratively over coverage and bene- Rhode Island, Vermont, and Wyoming, community rate toward an individual fits. these 10 States—two health insurance assessment; whereby companies could These stories come from health care companies control 80 percent or more cherry-pick only the healthiest and, providers too. When just a few compa- of the State market. So 10 States, 2 therefore, make more money. nies control the market, physicians health insurance companies control The loss of these healthier groups and hospitals have fewer places to turn more than 80 percent of the statewide then raised average costs among the when they believe they are not being market. remaining employees, placing Blue reimbursed fairly. Just as American In my State of California—nearly 40 Cross at a competitive disadvantage families and their employers have million people—just two companies— with commercial insurers. This com- fewer choices for purchasing insurance, WellPoint and Kaiser Permanente— petition from commercial insurers health care providers have less bar- control more than 58 percent of the eventually resulted in Blue Cross gaining power over reimbursement market. The market presence of these changing the way its premiums were rates. The net result is, consumers and two companies is up a combined 14 per- calculated. The single, community- health care providers are losing out, cent in 1 year. Let me repeat that. The wide premium pricing model was re- while health insurance companies and market presence of two companies in placed in favor of the commercial ap- their shareholders are bringing in California is up 14 percent in 1 year. proach. This shift toward charging pre- When you look at specific health record profits. According to Health Care for Amer- miums based on claims of particular markets, the situation is even worse. ica Now, between 2000 and 2007, profits groups or individuals changed the na- In 2007, the two largest health insur- at the 10 largest publicly traded health ture of competition in the health insur- ance companies in Bakersfield, CA, insurance companies soared up 428 per- ance market. Insurers could reduce controlled 76 percent of the market cent, from $2.4 billion in 2000 to $12.9 costs by shifting risk and recruiting there. In Salinas, the top two con- billion in 2007. employers with healthier workers, and trolled 65 percent. In Los Angeles, the The CEOs of these companies took in they did. Furthermore, because they top two carriers controlled 51 percent record earnings. In 2007, these 10 CEOs could choose whom to insure, many of the market. This is a huge market. made a combined $118.6 million. The large, for-profit commercial insurers It is a 12-million-person market, and CEO of CIGNA took home $25.8 million. left the individual market altogether two companies control over half of that The CEO of Aetna took home $23 mil- in favor of large-scale employers be- insurance market. cause they carried lower operating The American Medical Association lion. The CEO of UnitedHealth took costs. described it this way: home $13.2 million. The CEO of WellPoint took home $9.1 million. Where does that leave us today? The United States is headed toward a sys- Today we have a health insurance in- tem dominated by a few publicly traded com- This history, and this failed market, dustry where the first and foremost panies that operate in the interest of share- is a uniquely American story. I re- goal is to maximize profits for share- holders and not primarily in the interest of cently read ‘‘The Healing of America’’ holders and CEOs, not to cover patients patients. by T.R. Reid. He is a former Wash- who have fallen ill or to compensate I think that is a very sobering state- ington Post journalist who has a bum doctors and hospitals for their services. ment. shoulder. So he decided he would go It is an industry that is increasingly The effects of this market concentra- from country to country and go to doc- concentrated and where Americans are tion are being felt by consumers and tors in that country, examine their paying more to receive less. families. They are being felt by Amer- health care sector, see what would help Here is the bottom line: According to ican businesses. They are being felt by him, what they recommended, and it is the Kaiser Family Foundation, in the doctors and health care providers. a very interesting book. He writes last 9 years, American families have Premiums are skyrocketing for em- about the health care systems of the seen their health insurance premiums ployers and for individuals trying to countries he visits.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10976 CONGRESSIONAL RECORD — SENATE November 2, 2009 A few things are clear. First, as Reid Here is a picture of it I have in the That is why it is essential that we says: Chamber. I had actually asked some of take action, and take action now. I ba- The United States is the only developed my family, newly returned from living sically believe the medical insurance country that relies on profit-making health in France for a long time, if they would industry should be nonprofit, not prof- insurance companies to pay for essential and send me their actual Carte Vitale, it-making. There is no way a health re- elective care. which I have seen. Unfortunately, they form plan will work when it is imple- So in every country that has health have not arrived. But, as shown in this mented by an industry that seeks to care reform—the United Kingdom, picture, this is what they look like. return money to shareholders instead France, Switzerland, Germany, Can- As shown on this part of the picture, of using that money to provide health ada—the United States is the only one this is a small chip. In this chip is the care. This is difficult to accomplish that allows this open, ribald, for-profit entire medical history of a patient— today, but there are a number of steps health insurance industry that we do every shot received, every diagnosis that can be taken in this direction. in this country. made, everything about the patient. So The first is to repeal the antitrust Profit-seeking motives do influence the patient goes in for a physician’s exemption. I believe we must take insurance companies. Today, insurance visit, which costs about $27 in France strong action to stop illegal, anti-com- companies have a financial reason to today, and the doctor takes the Carte petitive activity in the industry. The deny coverage to people who may actu- Vitale, puts it into his computer, and Justice Department currently has au- ally get sick, so they exclude people the entire background of the individual thority to review certain health insur- with even the most minor preexisting pops up. ance mergers. But although almost 400 conditions. Let’s say he prescribes certain medi- health insurance mergers took place Secondly, if you get sick, insurance cation. That then goes into this small during the past administration, the De- companies will comb through past chip. Every French citizen over the age partment brought challenges to only records to find a reason to retro- of 15 carries a Carte Vitale, which has two of those mergers. Even those that actively deny coverage. This means taken the place of the walls of paper were challenged were later allowed to people lose their health coverage when records we see at our physicians’ of- proceed with relatively minor adjust- they need it the most. fices in this country. ments. In other nations, with not-for-profit Also, this system allows French phy- When a dominant market player tries insurance, there is no motivation for sicians to bill automatically for the to subsume a smaller competitor, the companies to engage in these practices. care they provide without paperwork Justice Department should review the Everyone is covered regardless of his or or bureaucracy. The Carte Vitale has acquisition carefully to ensure that her health history. This allows risk to helped the French achieve what many consumers, employers, and health care be effectively spread across the entire consider to be the world’s best health providers still have bargaining power. population. care system. We should also repeal the antitrust ex- Other countries accomplish this with As we have seen, other industrialized emption for health insurance compa- employer responsibility and an indi- nations spend less on administrative nies. This exception is a relic of the vidual requirement to become part of costs. They have nonprofit insurance. past, and it has no current justifica- tion. the insurance system. They use employers and individual re- The Justice Department should be A few examples: In Germany, most sponsibility to provide basic health able to investigate and sue health in- people enroll in sickness funds, with care to everyone. This structure does, surance companies when they engage premiums split between workers and by independent analysis, provide better in price fixing, bid rigging, or market employers. Only the very wealthy can results because, whatever the indi- cator, the United States lags behind allocation. These kinds of collusive ac- opt out to buy separate insurance. tivities are not fair play. They are not In Switzerland, everyone must pur- the rest of the industrialized world. This is painful, but I believe we have allowed in other industries, and they chase basic, nonprofit insurance. Com- to look at it. According to the World should not be allowed in this one. panies can only make a profit on the Health Organization, France leads the I also believe a public option is an es- extra benefits they sell, such as for cos- world in overall system performance, sential piece of any effort. It will pro- metic surgery or a private room in a followed by Italy. America is 37th. vide robust, nonprofit competition for hospital, but not by providing basic These are the top health care systems: an industry that is broken and profit- coverage. France, Italy—and, as you can see, the ridden. In concentrated markets, the In France, everyone is enrolled in one rest. We are No. 37. public option will provide consumers of several large health insurance funds, In avoidable mortality, which meas- with real choice. Remember, the larg- which are closely regulated by the fed- ures a system’s effectiveness in caring est market in America is the Los Ange- eral government. for people who contract a potentially les market, and a majority of that In the United Kingdom, everyone is serious medical condition, again, market is controlled by two health in- automatically covered by the National France tops the list, again, followed by surance companies. Health Service. Japan. The United States is 15th. Because it will not attempt to make Americans like to criticize other na- The United States lags other devel- a profit, the public option will not turn tions’ systems as bureaucratic. But in oped nations in infant mortality. Here anyone away. It may be able to charge truth, it is our system that is wasteful it is, as shown on this chart. This is ac- lower premiums because its goal will and inefficient. Many other countries cording to the Commonwealth Fund. be to provide health care coverage, not are able to deliver better health care The leader is Japan, with 3 deaths per to return profits to shareholders. for lower prices than we do currently. I 1,000 births. We are No. 22 on that list. Whether it is opt-in or opt-out, States wish to point this out. This is surprising because you would that strongly object to providing non- As T.R. Reid points out, our system, think, particularly with infant mor- profit competition to residents should with for-profit insurance and medical tality, we would be a real leader, but have the opportunity not to partici- underwriting, has some of the highest we are not. pate. But make no mistake; the public administrative costs in the world be- To summarize, I think action is need- option alone will not solve our Nation’s cause, in the United States, roughly 20 ed. problem with health care. It will be percent of every premium dollar is Other countries are far from perfect, available to a relatively few Americans spent on administration. This includes and I am not saying anything other at first. Only those who will purchase advertising, profits, and paperwork—20 than that. But these lessons show that insurance in newly created exchanges percent goes to this. high-quality health care can be deliv- will have the opportunity to buy it. Let’s compare this: Canada, on the ered for less than we currently spend. But I believe it is a building block as other hand, spends about 6 percent. Our system of relying on for-profit we work to construct a new system. France spends about 5 percent. One of medical insurance, I believe, is broken. In addition to creating a public op- France’s advantages comes from an We are spending more for worse results tion, we must put health insurance electronic form, a personal health than the rest of the world. That is what companies on a path toward more re- record. It is called the Carte Vitale. I hope to show. sponsible behavior. That is why I am

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10977 proposing a Federal medical insurance 9. American Medical Association, Competi- In addition to the 87 new government rate authority. tion in Health Insurance: A Comprehensive programs created by this legislation, a My proposal for a medical insurance Study of U.S. Markets, 2008. substantial amount of new regulatory rate authority builds on the successful 10. David Balto, Testimony Before the Sen- ate Judiciary Committee Subcommittee on authority has been granted to the Sec- and well-accepted model of utility Antitrust, July 31, 2008, Hearing on ‘‘The retary of Health and Human Services. I commissions. Throughout this country, Right Prescription? Consolidation in the know the other side doesn’t like to providers of gas, water, and electricity Pennsylvania Health Insurance Industry.’’ hear that this bill calls for a govern- need to justify any proposed rate in- 11. Corporate Research Group, The Man- ment takeover of our health care sys- crease. This is required because the aged Care M&A Explosion, 2005. tem, but let’s let the facts speak for services they provide—water, gas, and 12. Health Care for America Now, Pre- miums Soaring in Consolidated Health Insur- themselves. If it isn’t a government power—are considered necessities for ance Market, May 2009, citing U.S. Securities takeover of our health care system, life. and Exchange Commission filings. why does the word ‘‘Secretary’’—mean- Well, are they more a necessity for 13. T.R. Reid, The Healing of America: A ing Secretary of HHS—appear 982 times life than health insurance? I don’t Global Quest for Better, Cheaper, and Fairer in this bill? Maybe the other side needs think so. Health insurance should be Health Care, 2009. a reminder that the Secretary of no different. Access to affordable med- Mrs. FEINSTEIN. I thank the Chair Health and Human Services is an agent ical care is certainly a necessity of life. and I yield the floor. of the Federal Government appointed Under my proposal, the Federal Gov- The ACTING PRESIDENT pro tem- by the President, confirmed by the ernment would be required to establish pore. The Senator from Iowa is recog- Senate. a medical insurance rate authority nized. Iowans keep telling me that Congress which would oversee premiums charged Mr. GRASSLEY. Thank you, Mr. needs to just slow down, consider all by the for-profit medical insurance in- President. ideas, and, of course, common sense Mr. President, I come to the floor to dustry. Premium increases above a cer- tells us to actually read the legisla- address the issue of health care reform. tain threshold would need to be ap- tion. But the HELP Committee bill In order to demonstrate the com- proved. The medical insurance rate au- makes it clear that the majority lead- plicated issues that face us, I have with thority would conduct basic oversight ership and the White House would rath- me the House of Representatives insuring that premium funds are spent er push something through quickly and on medical care and not for profit or health care reform bill, approximately leave the important decisions to an overhead. 2,000 pages; I have over here the Senate unelected, unaccountable government These safeguards will ensure that the HELP Committee bill, approximately health insurance industry does not 1,000 pages; and over here, the Senate official. The long list of new powers granted continue their pattern of astronomic Finance Committee bill, approximately to the Secretary begin on page 11 of the premium increases. It is fair for the 1,500 pages. HELP Committee bill, and I quote: price of insurance to reflect the actual Some on the other side of the aisle price of medical care, but it is not fair are saying their bills do not represent The Secretary shall by regulation establish a minimum size for community ratings for insurance companies to increase a government takeover of the health areas. their profits while Americans pay high- care system. I want to believe that. I So let me put it in common language er and higher premiums. would really like to believe it, but the It has taken many decades for our facts seem to tell a different story. If rather than statutory language. This bill includes a number of con- health system to evolve and break we look at the specifics of the bill re- troversial rating reforms, and one of down as it has, and we cannot expect to ported by the Senate HELP Committee those reforms would set a 2-to-1 age fix it overnight. We need to remember or the House bill released last week, I rating band. That means premiums for what health insurance originally was don’t see how one could call it any- the oldest person could be no more in this country, nonprofit; and what it thing but a government takeover. than twice the cost of the premiums to is around the world, nonprofit; and a So I wish to start with the Senate way to ensure that people can get basic HELP Committee bill. the youngest person. Now, that is going care to stay healthy and they are pro- On September 17, the HELP Com- to reduce premiums substantially for tected from financial ruin when they mittee finally released what I pre- older people, and that is a fine goal, get sick. I believe strongly this must viously said was a bill containing but the money has to come from some- be the underlying goal of any health about 1,000 pages—more accurately, 839 where. So to pay for those lower pre- reform the Senate approves this year. pages—over 2 months after the major- miums for older people means much Mr. President, I ask unanimous con- ity party on the HELP Committee higher premiums for younger people. It sent that a list of sources be printed in voted to report it. When I was back in is a new hidden tax being imposed on the RECORD. my State of Iowa for the August recess, young people. It will increase pre- There being no objection, the mate- I held 17 townhall meetings. Due to the miums for young people by at least 50 rial was ordered to be printed in the controversial health care bill the percent. RECORD, as follows: HELP Committee and the three House This bill would give the Secretary SOURCES committees had just voted on, the at- the regulatory power to draw the map 1. Congressional Research Service, The tendance was the highest I have seen in in each State for these rating areas, Market Structure of the Health Insurance the 2,871 townhalls I have held during and that is where we go back to the Industry, 10/21/09. my years in the Senate. quote I just cited: 2. Congressional Research Service, Health Many of the people who attended The Secretary shall by regulation establish Care Reform: An Introduction, 8/31/09. were citing sections from the health re- a minimum size for community rating areas. 3. Alex Blumberg, All Things Considered, National Public Radio, October 22, 2009, ‘‘Ac- form bills. They had good questions. I Keep in mind, under current law this cidents of History Created U.S. Health Sys- heard repeatedly about the new powers sort of policy is presently decided by 50 tem.’’ being granted to the government in different State legislatures or by 50 dif- 4. Paul Starr, The Social Transformation these bills. So I decided we should have ferent insurance commissioners. But of American Medicine, 1982. a catalog of how many times these bills some in Congress want to take this re- 5. Melissa Thomasson, ‘‘The Importance of grant new powers to the Secretary of sponsibility away from the States and Group Coverage: How Tax Policy Shaped U.S. Health Insurance.’’ American Economic Health and Human Services. turn it over to unelected bureaucrats Review, 2003. Well, I have the HELP Committee in Washington, DC. 6. Blue Cross and Blue Shield, A Historical bill with me today, and there is a lot I spoke on the Senate floor earlier Compilation. Accessed 10/30/09 at going on in the 839 pages of that bill. last week about how the Democratic www.consumersunion.org. We have gone through the 20,725 lines proposals for health care will increase 7. Kaiser Family Foundation & Health Re- of legislative text just to see how many premiums and overall health care search and Education Trust, ‘‘Employee new government authorities it creates, spending. Quite the opposite: I think to Health Benefits: 2008 Annual Survey.’’ 8. American Medical Association, Competi- and here is what we found: This bill most people hearing us talk in Wash- tion in Health Insurance: A Comprehensive creates a total of 87 new government ington, DC, about health care reform, Study of U.S. Markets, 2007. programs. the word ‘‘reform’’ would mean to

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10978 CONGRESSIONAL RECORD — SENATE November 2, 2009 them not increasing premiums and cide what health plan works best for will actually raise costs for most indi- overall health care spending. you and your family. The Secretary vidual Americans. To offset the increase in premiums, will decide what conditions your doctor With the creation of a new unelected they say they will subsidize them using must meet to be included in your plan. Federal bureaucrat, called the ‘‘health taxpayer dollars. But guess who is The Secretary will decide what cur- choices commissioner,’’ the Federal given the power to decide what benefits riculum should be taught in our med- Government will now be in charge of are eligible for these new subsidies? I ical schools. deciding what insurance you have to will read the answer straight from the You may be tired of hearing me say buy. bill on page 90, line 11. It says: ‘‘Secretary,’’ because I am tired of say- If this isn’t a government takeover of The Secretary shall establish . . . the es- ing it. I have only said it 25 times in health care, I don’t know what it is. If sential health care benefits eligible for cred- this speech. But this bill uses the word you don’t like what the new health its. . . . ‘‘Secretary’’ another 957 times, which choices commissioner comes up with or My friends on the other side of the is an indication that the HELP Com- you cannot afford it, you will be hit aisle claim their proposal will increase mittee bill is moving control of our with a new individual mandate tax pen- choice and competition in the health health care system in what many peo- alty, and that will be enforced by the insurance industry. But after reading ple in this country consider the wrong IRS. this bill, it is clear that only 1 percent direction. Despite all the promises about being will have a choice, and that person is That brings me to the House bill that able to keep what you have, the bill the Secretary of HHS. was released last week. The House bill, cuts more than $150 billion from Medi- On page 74, line 17, the Secretary is right here—2,000-some pages—seems to care Advantage plans, endangering the given the power to regulate what type be heading in the wrong direction also. existing coverage for millions of sen- of health plan works best for you and In fact, a spokesman for the small busi- iors. your family. I will read that quote: ness industry said to the Hill news- Don’t take my word for it, because The Secretary shall, by regulation, estab- paper: the Office of the Actuary—that is a lish criteria for certification of health plans [The House bill] is a ‘‘how to’’ on how not professional office, not a political of- as qualified health plans. to do health care reform. fice—at the Department of Health and After the Secretary chooses what That is pretty disappointing, since Human Services said that with this plan works best for you and your fam- the bill costs about $2.2 million per level of cuts ‘‘enrollment in [Medicare ily, the Secretary can choose what con- word. You would think we would be Advantage] plans would decrease by 64 ditions your doctor must meet in order getting something for that kind of in- percent.’’ to contract with the plan chosen for vestment. The CBO has taken a look at some of you. The Wall Street Journal today calls the changes in the Medicare Part D On page 80, line 14, it says that a the House bill ‘‘the worst bill ever.’’ drug benefit and concluded that the qualified health plan may contract Quoting, ‘‘Epic new spending and taxes, changes will actually raise premiums. with ‘‘ . . . a health care provider if pricier insurance, rationed care, dis- So whether you are in Medicare Ad- such provider implements such mecha- honest accounting: the Pelosi bill has vantage, Medicare Part D, or private nisms to improve health care quality it all.’’ insurance, this new House bill means as the Secretary may by regulation re- Again, that was from the Wall Street higher costs, more government inter- quire.’’ Journal. ference, and less choice. I don’t think That means if you want to purchase Let’s start with what is in the 2,000 that is what people in my State of Iowa coverage through a new exchange es- pages and $1 trillion in spending in this have in mind when they ask us to fix tablished by this bill, the Secretary of new bill. the health care system. HHS will be deciding what health plan The bill includes a government-run The House bill also includes a part and what doctor is best for you and insurance provision. All the caveats that is called the CLASS Act, which your family. aside, it is still a government insur- creates a new long-term care entitle- This bill also extends the Secretary’s ance plan—or let me say government ment. I happen to be very supportive of influence into classrooms, where our insurance company, plain and simple. taking steps to improve long-term care future doctors are being trained. On Interestingly, after all the promises for Americans. But the CLASS Act is page 685 of the bill, line 10, it says: about lower costs, the Congressional fiscally irresponsible. I am not going to The Secretary shall support development, Budget Office has said that premiums name the prominent Senate Democrat, evaluation, and dissemination of model cur- in the government-run plan would be but one has been quoted as calling the ricula for . . . use in health professions more expensive than premiums in the CLASS Act a Ponzi scheme that Bernie schools . . . and for other purposes deter- private market. That report just came Madoff would have been proud of. mined appropriate by the Secretary. out within the last couple of days. Finally, I hope everyone out there That is a lot of power in a sentence of The bill also locks every American pays special attention to what House the law that says ‘‘and for other pur- with an income below 150 percent into Democrats call ‘‘shared responsi- poses determined appropriate by the Medicaid. Today, a family of 4 with an bility.’’ Secretary.’’ income of $33,000 is at 150 percent of If you make money in America, the Are all of these new requirements the poverty level. Under this new House Democrats expect you to do and regulations going to help our House bill, that family would not get some extra sharing. Lots. The bill in- health care system? Will they make any assistance to get private health cludes a massive tax increase to pay Americans healthier? The truth is, we coverage. In other words, they would for it. have no way of knowing since so much not have choice. Now I wish to go to what is not in the in this bill, including what I have high- Let me point out that Medicaid is al- bill. Even though President Obama lighted, is left to the regulatory deci- ready financially unsustainable in its continues to support medical liability sions of an unelected government bu- current form. This is the biggest ex- reform, as I do, the House still refuses reaucrat. pansion of Medicaid in its history. to consider it. In the ‘‘devil’s in the de- The proponents of this bill say it With this Medicaid expansion, the new tails’’ category, I find it particularly isn’t a government takeover of health House bill continues to leave States worrisome that the House bill failed to care. But after reading only a fraction liable for a significant share of that include a prohibition on rationing that of the bill out loud, as I have done, it new spending—a share States cannot was in their original discussion draft. is hard to argue the fact that the Sec- afford. Ultimately, that will force The discussion draft of H.R. 3200 stated retary of HHS is granted a lot of power States to raise taxes to pay for their that the committee should ‘‘ensure over our health care system. share of this expansion of Medicaid. that essential benefit coverage does The Secretary will determine the size That is a hidden tax, although it will not lead to rationing of health care.’’ of new rating areas. The Secretary will come separately among the 50 States. Every time you get the government decide what benefits health care plans The bill also proposes a host of new more involved in health care, the issue have to cover. The Secretary will de- Federal insurance market reforms that at grassroots America comes up: Will

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10979 we have rationing? A lot of committees mittee. He will be discussing a matter you want to change the law and make have tried to say that there would not of grave importance in Illinois and all it work. be any rationing coming from this, and across the Nation, the extension of un- So to come here and criticize the bill that was in the original House bill. But employment benefits, which we have which has not been presented in a final as it is put together as one final pack- been trying to bring to the floor for 27 form as I stand here I don’t think age, as it is here, that section, unfortu- days. Our Republican colleagues have makes a very strong case. nately, was dropped. In other words, opposed it, stopped it, delayed it, and I asked the other day for the Repub- the prohibition on rationing is not in demanded every vote they can think of licans to tell me how many pages their this bill. to stop the extension of unemployment health care reform bill is. The Senator This is what the latest House bill benefits, even though there are mil- from Tennessee said they were working proposes: more taxes, more spending, lions of Americans out of work and des- on several different bills but they higher premiums, fewer choices, a gov- perately looking for jobs. Many of would be shorter in length. The closest ernment-run plan, the biggest Medicaid them have exhausted their family sav- we can come to the Republican health expansion in history, unsustainable ings trying to avoid foreclosure, to feed care reform bill I hold in my hand. It is new entitlement programs, and 2,000 their families, and they need these ben- 21⁄2 pages long, and it consists of a press pages. efits desperately. But we have been release from MITCH MCCONNELL, the Despite all the promises, the facts held up time and again because several Senate Republican leader. That is as don’t lie. The House bill and the HELP Republican Senators have insisted on far as the Republicans have gone in Committee bill I referred to during amendments that have nothing to do writing health care reform for the these remarks represent an unprece- with unemployment and nothing or lit- American people. It is a press release. dented government takeover of our Na- tle to do with the economy. I hope In this press release, there are no posi- tion’s health care system—a takeover today we can break through that. I tive things they stand for, only criti- that this country cannot afford, and a hope we can find bipartisan support to cisms of our efforts to write a health takeover that the American people extend the unemployment benefits. care reform bill. don’t want. I thank the Senator from Montana To my right is the Senator from I thank my colleagues for giving me for yielding a moment to me. Montana, the chairman of the Senate this time beyond the hour of 4, when I wish to respond to my friend—and Finance Committee. He has spent the the unemployment compensation bill he is my friend—my colleague, Senator better part of a year—at least a year— was to be taken up, so I could keep an- GRASSLEY of Iowa, my neighboring trying to put together a health care other obligation. State. He and I have worked on many bill. He has engaged others in trying to I yield the floor. things together. Our political views dif- bring them into this conversation. Un- f fer, that is for sure, but I believe he is fortunately, at the end of the day, only a hard-working, good representative of one Republican Senator, Ms. SNOWE of CONCLUSION OF MORNING his State. In fact, when I said that once BUSINESS Maine, joined Senate Democrats in on the floor, he ended up quoting it in voting for health care reforms. So far, The PRESIDING OFFICER. Morning one of his campaign brochures, which she is the only Republican in the House business is closed. got me in trouble with the Iowa Demo- or the Senate who has voted for health f cratic Party. But so be it. I like him, care reform even at the committee and I hope he feels the same. level. The Republicans have been UNEMPLOYMENT COMPENSATION We have worked together on many standing on the sidelines while we have EXTENSION ACT OF 2009 issues, but for the Senator from Iowa been trying our best to put together The PRESIDING OFFICER (Mr. to come to the floor and be critical of good legislation which will bring the MERKLEY). Under the previous order, a bill saying it is too many pages—that cost of health care down, protect those the Senate will resume consideration is what I have heard over and over beneficiaries who are denied coverage of H.R. 3548, which the clerk will re- again from the Republican side. They under their health insurance plans, and port. have argued that health care reform in extend the reach of competition and The bill clerk read as follows: the Senate is going to run over 1,000 choice so more Americans have places A bill (H.R. 3548) to amend the Supple- pages in length, and they say it over to turn. When the Senator from Iowa mental Appropriations Act, 2008, to provide and over again. for the temporary availability of certain ad- I don’t know historically what major complains about so-called rationing, I ditional emergency unemployment com- legislation considered on the Senate think he overstates the case. pensation, and for other purposes. floor is comprised in the number of We know there is too much money Pending: pages, but we have had some pretty big spent on the current health care sys- Reid (for Baucus/Reid) amendment No. bills in the past—in the Senate Appro- tem. There is duplication, waste, and 2712, in the nature of a substitute. priations Committee and other places— fraud, and we want it to come to an Reid amendment No. 2713 (to amendment because those bills take on big issues end. If Medicare is going to be on sound No. 2712), to change the enactment date. and big subjects. Nothing is bigger financial footing, if we can say to sen- Reid amendment No. 2714 (to amendment iors today and for years to come that No. 2713), of a perfecting nature. than our health care system in Amer- ica. To talk about 1,000 pages really they can count on Medicare being there Reid amendment No. 2715 (to the language when they need it, we have to cut out proposed to be stricken by amendment No. does not do justice to the enormity of 2712), to change the enactment date. the task we are tackling, to try to unnecessary spending. Reid amendment No. 2716 (to amendment bring costs under control so people and One of the areas in that particular No. 2715), of a perfecting nature. businesses across America have secure program that is highly controversial is Reid motion to commit the bill to the and stable health care. called Medicare Advantage. Committee on Finance, with instructions to We ought to make sure as well that Medicare Advantage was proposed by report back forthwith, with Reid amendment the insurance industry. They said No. 2717, to change the enactment date. the health insurance companies stop Reid amendment No. 2718 (to the instruc- exploiting those who have health insur- years ago: The government has tried to tions (amendment No. 2717) of the motion to ance policies. We want to eliminate run Medicare for 40 years, but they commit), of a perfecting nature. preexisting conditions as an exclusion. haven’t done a very good job. Why Reid amendment No. 2719 (to amendment We want to make sure when you are don’t you let the private insurance No. 2718), of a perfecting nature. sick, your health care will be there; companies offer a Medicare plan. We The PRESIDING OFFICER. The Sen- that when you change jobs, you can will show you what you can do when ator from Montana is recognized. take your health care with you. We you use the genius of the insurance in- Mr. BAUCUS. Mr. President, I yield want to make sure your children are dustry in America to offer Medicare. to the Senator from Illinois such time covered for longer periods of time than We took them up on their challenge as he desires. they are now under current law. It and said to them: Present the insur- Mr. DURBIN. Mr. President, I thank takes a few pages to put that together. ance policy to seniors that will provide the chairman of the Finance Com- You cannot put it in a few sentences if Medicare benefits.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10980 CONGRESSIONAL RECORD — SENATE November 2, 2009 They called it Medicare Advantage, dustry from antitrust regulations. Cur- not necessarily getting better but stop and there are literally millions of these rently under the law, health insurance getting worse. For most Americans, it policies all across America today. companies can legally conspire and will still be some time before things We stepped back after a number of collude to establish the premiums they start getting better. Even though the years and said: How did they do? will charge all across America. There is economists can measure some improve- They challenged the government and no real competition. When they set ment and express it in the numbers, we said: We can do it better. premiums, they have sat down and still have only the beginning of a re- Some did. But we also found Medi- agreed on what they are going to covery. care Advantage plans that were over- charge. And they can allocate markets. Economists say that the stimulus charging the government 14 percent They can make sure they dominate package we passed last winter is part more than the cost of basic Medicare markets so there is no real choice of the reason for the growth. On Fri- the government offered. So instead of there for consumers. day, the Obama administration re- bringing the costs down, the costs went I think McCarran-Ferguson is out- ported that the stimulus package has up 14 percent. We were creating a sub- dated. It is a travesty under the law to created or saved more than 640,000 jobs sidy to private health insurance com- allow it continue, and it should end. so far. Economists also credit con- panies to offer Medicare plans. That is You will not hear one single Repub- sumer spending for the latest growth. a waste of dollars. The health insur- lican Senator say that—at least I In particular, economists credit auto- ance industry, although they used haven’t yet. I hope they join us in call- mobile and housing sales. From July those dollars to their own benefit, are ing for real health insurance reform, in through September, housing sales rose not helping Medicare, and they are not ending McCarran-Ferguson protection at a 23.4-percent annual rate. The home helping the taxpayers of this country. and exclusions based on preexisting buyer tax credit played a big part in The recent news about profits of the conditions, for example, and giving that growth. That is one of the provi- insurance giant Humana explains why real choice to consumers across this sions we are considering in the amend- the major health insurance companies country. Instead, what we hear from ment before us today. and most of the Republicans oppose them is the language of the health in- It will still take some time for the health care reform and why they have surance companies opposing funda- job picture to improve. Job growth gone to such great lengths to defeat mental health insurance reform. turns around more slowly than the our efforts. The American people have run out of economy as a whole. Economists call Last quarter, Humana saw their prof- patience with those who tolerate and this a lagging indicator. Last month, its rise 65 percent, mostly due to the encourage the current system—a sys- the jobless rate reached 9.8 percent. participation in the Medicare Advan- tem that fails us, as premiums go up That is the highest rate in 26 years. tage Program, the subsidies the tax- even as wages do not; a system that, Economists expect this week’s report payers are sending them. This one com- unfortunately, is not offering health will show that unemployment rose pany made $301 million in profits in the care protection for millions of Ameri- again this month. Economists will say last 3 months alone, and they did it, by cans working for businesses that even jobs will still be hard to find well into their own admission, on the backs of last year offered health insurance pro- 2010. Medicare and Medicare Advantage tection but they just cannot afford to Last week, the Labor Department re- beneficiaries. do it anymore. ported that 530,000 people filed their The insurance industry is making We are going to keep pressing for- first jobless claims. That number has billions by gaming the Medicare Ad- ward. The Republican plan consists of a been heading down, but at more than vantage system at the expense of sen- three-page press release. It will take half a million people, it is still far too iors’ traditional Medicare coverage, more than that to bring meaningful high. and taxpayers are picking up the bill. change to health care in America. We still need to do more to help the For some reason, the Senate Repub- Mr. President, I yield the floor. economy recover, and we still need to licans feel the need to defend them at The PRESIDING OFFICER. The Sen- do more to help Americans get and every turn. When you hear the opposi- ator from Montana. keep good jobs. The extension of unem- tion to health care reform, it is in- Mr. BAUCUS. Mr. President, we are ployment benefits and the tax relief in spired not exclusively but to a great now on the provision to extend unem- this legislation are part of the answer. extent by the opposition to health care ployment insurance, as well as extend I hope that today the Senate can act to reform from the private health insur- the home buyers tax credit, as well as bring relief to millions of Americans ance companies. expand the net operating loss provi- waiting for this important legislation. Why are these companies opposed to sion. I wish to speak about that provi- Unemployment insurance is a vital health care reform? Because it means sion because I think it is so important lifeline for millions of Americans. It is competition. A public option plan that that it pass. a lifeline many families and commu- is available around this country will The British mathematical physicist nities continue to need just to keep create in many parts in our country Lord Kelvin once said: afloat. the first real competition for health in- Until you can measure something and ex- Along with the rest of the Nation, my surance. It means consumers have a press it in numbers, you have only the begin- State of Montana has felt the effects of fighting chance to get a lower monthly ning of understanding. this great recession. Our unemploy- premium because there will be a not- The numbers now measure the begin- ment rate is up to 6.5 percent, and al- for-profit company there offering ning of a recovery, and we are begin- though it is not as high as the national health insurance benefits. It is a com- ning to understand the depth of the average, many in my State are suf- pany that is not focused on the bottom great recession of 2008 and 2009. It has fering. This is particularly true in the line of showing profits for share- been the longest recession since World Montana mining, lumber, and con- holders. It will be a company that is War II. The numbers show that the struction industries. The national de- not marketing and spending a fortune American economy has been shrinking mand for lumber is expected to fall on advertising. It will be a company from the middle of last year to the below 30 million board feet this year. that is not spending so much on admin- middle of this year—shrinking. For The amount of lumber used to build istrative help to say no to those cov- January through March, it declined at new homes is expected to drop from 28 ered by insurance policies. This will a 6.4-percent annual rate. It has been billion board feet to about 5 billion lower costs, and this is what drives the the sharpest decline in 27 years. But board feet, and that hits Montana very private health insurance companies last week, the Commerce Department hard. wild. reported that from July through Sep- When we help unemployed Ameri- Secondly, they hate to hear two tember, the numbers show the econ- cans, let’s remember, we help their words—McCarran-Ferguson—because omy grew at a 3.5-percent annual rate. communities. When we help our unem- they refer to a law passed by Congress When economists talk about the end ployed neighbors, we also help keep 64 years ago which exempted the insur- of a recession, however, they mean the open the neighborhood grocery store ance industry and health insurance in- time when things stop getting worse, and the neighborhood gas station.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10981 When we help our unemployed neigh- on a bill that would expand this provi- of the Federal Government in Wash- bors, we also help our economy and sion to all businesses. The amendment ington, DC, with massive tax increases ourselves. before us today includes that legisla- on small businesses and working fami- I am gratified that a majority of my tion. It would provide all businesses lies in this country, massive cuts to colleagues appear to agree that it is with the ability to carry back losses Medicare Programs upon which seniors important to extend unemployment from 2008 and 2009 for 5 years—not just across this country rely and depend. benefits. I am also hopeful that we will 2 years but 5 years. That is 3 years And that doesn’t even include what deliver those benefits very soon. longer than under current law. This happens if those cuts in Medicare don’t The amendment before us today also type of relief will help small and large happen. And we have reason to believe includes an extension of the Federal businesses alike. based on historical patterns they would unemployment tax. This extension cov- This tax relief is paid for also in a fis- not happen. Then it probably gets bor- ers the cost of the extended unemploy- cally responsible manner. Our amend- rowed, and we add more trillions of dol- ment benefits. The Federal unemploy- ment would delay a tax break for mul- lars to the Federal debt—a debt which ment tax has been extended every year tinational corporations, many of which is already growing at $1 trillion a year since 1982. would benefit from the expanded NOL every year for the next 10 years. The amendment before us today relief. We also included increases and So we have a massive expansion of would also provide tax relief to help penalties for taxpayers who fail to government—a $2 trillion expansion of our economy recover. The pending timely file partners and S corporation government, massive tax increases, amendment would extend the home returns. We believe these provisions massive cuts to Medicare, and perhaps buyers tax credit and provide employ- will increase compliance with the tax massive borrowing and additions to the ers important tax relief. law and also help us close the tax gap. Federal debt. That is what happens The home buyers tax credit has This package provides timely and es- with the 2,000-page bill which is being helped millions of Americans to buy sential relief to American families and proposed by the Democratic leadership their first homes. The tax credit has businesses that have been affected by in the House of Representatives. boosted demand and it has helped re- our economy. Our amendment would So if the Senator from Illinois or duce the inventory of unsold homes. extend benefits to the unemployed anybody on the other side is waiting This, in turn, has helped to bring much Americans who are hurting the most for Republicans to produce a 2,000-page needed stability to the housing mar- and would help home buyers to buy bill that expands the government by $2 ket. homes. It would provide support for all trillion and raises taxes on small busi- But in the housing market, like the businesses that are having trouble nesses—which are the economic engine labor market, we are not yet in the meeting their payroll in these tough of our economy and that will create clear. The housing market is still re- economic times. the jobs and get us back on a path to- covering from the implosion of the This amendment would help to speed ward recovery—I would suggest they subprime mortgage market. In many the recovery from the great recession. are going to be waiting a very long parts of the country, housing prices re- It would help to improve our economy, time. main at record lows and foreclosures and it would help the American people. That isn’t to say for 1 minute that continue as Americans continue to lose I urge my colleagues to support the there aren’t lots of ideas that Repub- their jobs and the means to pay their legislation and vote for cloture on the licans are putting forward that will mortgages. amendment. help drive the cost of health care That is why it is important to extend The PRESIDING OFFICER. The Sen- down—contrary to the big government the home buyers tax credit. In the ator from South Dakota. schemes put forward by the other side amendment before us today, we have Mr. THUNE. Mr. President, a few mo- which, in addition to raising taxes, cut- raised the income limitations to open ments ago, the Senator from Illinois ting Medicare, and borrowing more—if the tax credit to millions more who are was on the Senate floor essentially re- you can believe this—increases the cost thinking about buying a home. Our sponding to comments that had been of health care by raising premiums for amendment also extends the credit to made by the Senator from Iowa, Mr. everybody who currently has health in- include home buyers seeking to move GRASSLEY, regarding the health care surance in this country. up to a new home—not just for first- debate and the legislation that has So the 2,000-page bill isn’t coming time home buyers but those who want been reported out of the House and from us. We have a lot of great ideas to move up to a new home. For those that is going to be voted on this week— that we will have an opportunity to de- who have lived in their current resi- legislation which is 1,990 pages long. bate and amendments we can offer, if dence for 5 years or more, they would The Senator from Illinois asked: and when we get on this bill. But the be eligible for a $6,500 tax credit if they Where is the Republican bill, if they do 2,000-page bills—the massive expansion want to buy a new home. It is $8,000 for not like the Democratic bill? Well, of the Federal Government in Wash- first-time buyers and a $6,500 tax credit there are a number of Republican bills ington, DC—is not the way we believe for those who want to move up—for out there, but I would say to the Sen- we should fix and address the health those who have stayed in their current ator from Illinois or anybody on the care economy. residence for 5 years. Democratic side who is waiting for Re- That brings me to my point because The home buyers tax credit would be publicans to produce a 2,000-page bill, in contrast to a 1,990-page bill some are extended to April 30 of next year. We it is not likely to happen. We don’t be- calling reform—which doesn’t reform also include new binding contract lan- lieve legislating with 2,000-page bills but certainly wrecks one-sixth of the guage. This language would effectively makes a lot of sense when we are talk- American economy—I have a simple make the credit available until June 30 ing about one-sixth of the American one-page amendment. It is four lines of next year, as long as the home buyer economy. We believe it makes a lot long. I would like to have the oppor- entered into a binding contract before more sense to approach that in a way tunity to offer it to the underlying leg- May 1. that fixes and addresses the problems islation that is a matter of debate on I think this temporary extension of that exist with the health care econ- the unemployment insurance exten- the home buyers tax credit is the right omy in this country today in a step-by- sion, which I think most people on approach. It would provide a much step way, not with a huge, massive ex- both sides of this aisle support. I think needed stimulus of the housing market, pansion of the Federal Government in both Republicans and Democrats in the and it would remain fiscally respon- Washington, DC. Senate believe it makes sense for us to sible. The bill that came out of the House extend unemployment benefits cov- Our amendment also would add net last week—at least according to the erage to people who are losing it, and operating loss relief for businesses. CBO—was a $1 trillion increase in the underlying bill would do that by 14 Under current law, small businesses spending. But that is before it is fully weeks. are able to carry back their 2008 losses implemented. When it is fully imple- We also believe when a bill comes be- to profitable years for up to 5 years. mented, it will be $2 trillion in addi- fore the Senate, under the historical Senator SNOWE and I worked together tional spending—a massive expansion practices of the Senate, typically it is

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10982 CONGRESSIONAL RECORD — SENATE November 2, 2009 open to amendment. That is what gress created TARP a year ago to bring much time is allocated to each amend- makes the Senate different from the stabilization to the financial services ment, and it is an orderly process. That House of Representatives. Our Found- industry of this country. is the way the House was designed by ers, in their infinite wisdom, conceived That having been accomplished, it our Founders. of two institutions—one, the House of seems to me the next step ought to be The Senate is a very different insti- Representatives; two, the Senate. The to focus on getting the Federal debt tution. The Senate is supposed to be Senate has a more deliberative role. In under control and paying down the the place where we have open debate, doing so, it allows for open consider- debt. We can do that by taking those where we have a fair process that al- ation and debate and votes on amend- unexpended balances and the unobli- lows amendments to be heard and al- ments. gated balances in TARP and put those lows amendments to be voted on. I What has happened today is that the toward the Federal debt. think we have been very reasonable in majority leader has decided to fill the What is being done today is filling seeking to offer amendments to the un- tree; in other words, not to allow votes the tree and preventing us from having derlying unemployment insurance bill. on any amendments. So my one-page votes in the Senate. It has been done But as I said, Mr. President, the major- amendment, which is very simple and before; it is not like this is entirely ity leader has chosen to ‘‘fill the straightforward, isn’t going to get new. But it is important to bear in amendment tree’’ and thereby prevent voted on. mind what my colleagues on the other those amendments from being offered, Mr. President, all my amendment side have said in the past when it was those amendments from being debated, does is end, on December 31 of this done back when the Republicans were and those amendments from being year, TARP. If the Congress doesn’t in charge of the Senate. I want to voted on. take action, the Treasury Secretary quote what some of the Democrats who Mr. President, I know the Senator can extend TARP. What is important are in leadership positions in the Sen- from Nebraska is here as well. He also to note about that is TARP has over ate today said back then. has an amendment he would like to $200 billion that hasn’t been spent, and This is in February of 2006. offer that would offset in a different with payments that have come back This is a very bad practice. It runs against way the extension of the unemploy- into that fund, over $300 billion in the basic nature of the Senate. ment coverage to the people who are losing their coverage and should have funds that are unexpended. If we don’t That was Senator HARRY REID. spend those—and it doesn’t become a their benefits extended by the addi- This is a bad way, in my opinion, to run tional 14 weeks. His is an amendment I political slush fund to be spent on the Senate. also think should be voted on in the other priorities the Federal Govern- HARRY REID in March of 2006. ment in Washington comes up with— Senate. I have a right, under the procedures of the But I would like an opportunity to that goes to pay down the Federal Senate, to offer this amendment. I should debt. have this amendment voted on. It is have the right to offer it at the moment, but one page. But we will not have that op- I can’t think of anything more im- I am not because there is—I guess the word portant now than trying to pay down ‘‘obstruction’’ is to be used—obstruction at portunity because the majority leader the Federal debt. If we are worrying the moment is the tree is filled so that no has opted to fill the amendment tree about trying to help the economy re- one can offer an amendment. and prevent votes on those amend- ments. cover and helping taxpayers, let’s take That was Senator BYRON DORGAN I yield the floor. the unobligated balance in the TARP back in February 2006. The PRESIDING OFFICER. The Sen- fund, end that program at the end of If you don’t want to cast controversial ator from Montana is recognized. the year, and use those proceeds to votes, don’t run for the Senate. That is what Mr. BAUCUS. Mr. President, I wish apply to the Federal debt so we can this is all about. You have to face the music to make a couple of points, not get into and face the voters. start making a dent in these massive a knockdown, drag-out argument with deficits and this massive debt building That was the Senator from Illinois, my good friend from South Dakota. in Washington, DC. DICK DURBIN, back in May of 2006. First, he is saying the Democratic So that is all my amendment does. It Those are just a few examples of side is limiting his opportunity to offer just ends TARP at the end of the year. what my colleagues on the other side amendments. I want to remind my I think it is significant that since Con- have said about the very practice that friend that actually there has been a gress created TARP, Congress ought to is being employed by the leader today lot of to and fro here. The majority have a say in whether it gets extended. to prevent Republicans from offering leader has offered many other opportu- If we are going to have that say, it has amendments. Those are statements, as nities for your side to offer amend- to happen between now and the end of I said, made by Members of the now ments, back and forth, but it has got- the year. majority back when they were in the ten to the point where the leader had I couldn’t find many opportunities minority. to draw the line and say we have to get between now and the end of the year to So we are going to have a cloture moving here, we have to get moving on get this amendment offered, and as we vote at 5 o’clock—in a few minutes—on extending unemployment insurance. had this piece of legislation moving whether to proceed to this substitute The point is, there were many opportu- through the Senate, the sort of natural that is pending before us and whether nities to offer amendments, both ways. inclination of this institution is to we are going to allow this practice of We have to get moving here and get un- allow for amendments to be considered. filling the amendment tree to be used employment insurance extended. So I offered that amendment so that to prevent not only Members on the The other main point I think is im- Congress can be on the record as to Republican side but Members on the portant, just to raise it, basically sug- whether we think TARP ought to be Democratic side from offering amend- gesting this bill is not paid for. The extended or whether it ought to be ments. Congressional Budget Office is the gold ended and those unobligated balances Filling the tree is, as I said, not with- standard here. The Congressional be used to pay down the Federal debt, out precedent. It has been done. But it Budget Office says at least the Finance which, as I said, is growing at $1 tril- has been used rarely, historically, up Committee bill—we don’t have another lion a year for the next 10 years. until now. This will mark the 22nd bill before us yet in the Senate, but the So I think it is a very straight- time the Democratic leader has filled Finance Committee bill, the com- forward, simple amendment, and sim- the amendment tree in an attempt to mittee I chair—the CBO said the Fi- ple enough that it can be put on one prevent an open and fair debate and a nance Committee bill was deficit neu- page. It doesn’t take 1,990 pages to ex- vote on amendments that are offered tral for 10 years. That is their assess- plain this. That is all it does. I think it by the Senate. ment. The CBO is the gold standard. is important to the taxpayers that we I served as a Member of the House of They make these determinations. That have this vote and that the Senate be Representatives for three terms. There, is what they said. on the record, that we be heard with the Rules Committee regulates what They also concluded that the Finance respect to whether we think TARP legislation comes to the floor, what Committee bill would reduce the def- ought to be extended or not, since Con- amendments are made in order, how icit in future years—reduce the deficit

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10983 in future years—and significantly re- It turns out there is one significant The construction industry in Arizona duce the deficit in subsequent 10-year vote and it is the Senator from South has been particularly hard hit. A re- intervals. Dakota who I think very appropriately port in the East Valley Tribune earlier I must say, they also made another and, I think, wisely put an amendment this week noted that while there were very interesting conclusion that rebuts forward that would put TARP to an nearly 248,000 people employed in con- the charge that this health care legis- end at the end of the year. struction in June of 2006, that number lation is more government. The fact is, I am new to this process. But I have had declined to just 137,700 by Sep- the Congressional Budget Office con- to tell you, in the first weeks I was tember. That is a decline of 44 percent. cluded, in a letter to our committee, here when we were voting on amend- The State’s trade and transportation the bill would ‘‘reduce the Govern- ments I said to myself: This is the sector is off 15 percent from its peak, ment’s overall commitment to health most remarkable institution. Some- and manufacturing is down nearly as care.’’ body from the minority could literally much. Reduce the Federal Government’s come with an idea from a citizen back The unemployed need the support overall commitment to health care— home, put that idea out here, and get a that this benefit extension will pro- not the same, not increase, but reduce. vote on that. There cannot be anything vide. It is a shame, though, that we That is the Congressional Budget Of- like this anywhere in the world. couldn’t have passed this legislation fice, in a letter: Reduce it. They gave a What is happening today, if I might sooner to speed the delivery of these percentage. I think reduce it by a quar- point out, is that this is being thwarted benefits to those who need them. ter or half percent GDP over time. by filling the tree. For those who are The House of Representatives passed We do not have legislation before us listening to this and saying what does its version of the unemployment bene- now because the leader is melding two this filling the tree mean, all it means fits extension bill on September 22, but bills together, the HELP Committee is that the majority leader, who is in it was not until 21⁄2 weeks later, on Oc- and Finance Committee bills. Then we control of the process, simply puts all tober 8, that the majority leader fi- have to go to conference and so on and the amendments out there and there is nally brought a different version before so forth, but it would be my hope, be no opportunity for anybody else to the Senate for consideration. Senators my expectation, be my interest, to see offer an amendment. It is called filling were then given just an hour and a half that continues, namely that the bill we the tree. to review the bill and vote, with no op- pass out of this body is deficit neutral, Look at what is happening. This is portunity to consider amendments. when it comes back from conference it what does concern me as a Member of In other words, the majority leader is deficit neutral over 10 years, actu- this great institution. If you go back proposed that Senators either pass his ally does reduce the budget deficit over through the history of majority lead- bill or no bill at all. ers, you can see what has happened. And that is a problem because there time, and actually reduces the Federal Tom Daschle, when he was majority are changes that should be made to the Government’s commitment to health leader, I think used this once. Bill bill, yet there is no opportunity for care. That is, the Federal Government Frist, when he was majority leader, Senators of either party to offer would be paying less in health care used this I think it was 12 times, if I re- amendments. Acting in my capacity as over time. I hope that will be the case member correctly. minority whip, I objected on behalf of and that will be my expectation. That Today, this will be 22 times that the other Senators to the leader’s short- is something I will strive for. majority leader has done this. What circuited procedure, fully expecting I want to make it clear: not more this graph means is if you have an that we could promptly come to an government, less government—accord- amendment, as I do, that basically says agreement to allow votes on a limited ing to CBO anyway. Also the proposal I like what you are doing here. I don’t number of amendments and then vote out of the Finance Committee was def- have any problem with extending un- on final passage. Had the leader agreed, icit neutral. employment. I voted for the tax credit we could have disposed of the bill near- I reserve the remainder of my time. for homes. I voted, or I would vote, for ly 3 weeks ago, and it would probably The PRESIDING OFFICER. The Sen- the loss carryback. I talked about it on be law by now. ator from Nebraska is recognized. the campaign trail. But I have an Instead, the majority leader contin- Mr. JOHANNS. Mr. President, may I amendment that says we should pay ued to insist that Senators vote on his inquire how much time is remaining? for this the way we did originally, with bill and only his bill, without amend- The PRESIDING OFFICER. There re- stimulus funding. That is simple. This ment. mains 4 minutes 12 seconds. is not complicated. All I am asking is Only within the last few days has Mr. JOHANNS. Mr. President, I rise for a vote on that. I think that makes there been some willingness to work today to speak to the amendment proc- a tremendous amount of sense. with us on the important amendments ess with this unemployment bill. It is a What I am saying is if we are going Senators wanted to address. For exam- very important point that we are mak- to act like a Senate, if we are going to ple, both Republican and Democratic ing this afternoon. give each Member the ability to make Senators want to include an extension A few hours ago the very distin- their case, then what we have to do is of the homebuyer tax credit, which guished Member from Illinois, the sen- stop this and bring these issues to a some credit with reviving the home- ior Senator, got up and talked about vote. building industry. how the unemployment insurance bill I yield the floor. Another colleague would like to offer had been stalled by Republicans. He Mr. KYL. Mr. President, I intend to an amendment to better use E-Verify claimed that Republicans had been vote in favor of the H.R. 3548, the Un- to prevent fraudulent claims of unem- stalling it for 4 weeks. I rise today to employment Compensation Extension ployment benefits. This amendment respectfully disagree with that. We Act. would help ensure that people who have come forward with a series of When the Bureau of Labor Statistics claim benefits are who they say they amendments. That is what the Senate recently released jobless figures for are. is about. The other side has resisted September, they showed an estimated In addition, colleagues want to offer votes on the amendments. So we start- 287,300 people unemployed in my home amendments on net operating loss as a ed this process of trying to scale this State of Arizona. The State’s unem- stimulus to struggling companies. Oth- back. We started out with eight amend- ployment rate now stands at 9.1 per- ers would sunset the TARP program, ments. The majority leader said, no, it cent—the highest since 1983. provide nongovernment management could only be six. So Republicans got And as if that weren’t bad enough, of the TARP, and prevent TARP recipi- together and said we will come back the Bureau reports that Arizona’s un- ents from providing funds to ACORN. with only three Republican amend- employment rate approaches 17.2 per- Another amendment proposes an al- ments. Then, lo and behold, there was cent when the number of people who ternative offset for the $2.4 billion cost an objection to that. are underemployed are taken into ac- of extending unemployment benefits. Let me repeat: We said eight, they count, along with those who are so dis- The majority’s version offsets the cost said six, we said three, and they said couraged that they have given up on by extending the Federal unemploy- no. their job search. ment surtax, but imposing a direct tax

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10984 CONGRESSIONAL RECORD — SENATE November 2, 2009 on job creation is perhaps one of the exactly how many stimulus dollars are Standing Rules of the Senate, hereby move worst things we could do when the not yet spent, but I think it is signifi- to bring to a close debate on the Baucus-Reid economy continues to lose jobs. The al- cant and I think it would be unwise for amendment No. 2712 to H.R. 3548, the Unem- ternative that some Senators would us to stop them at this point. ployment Compensation Extension Act of Beyond that, I think we should get 2009. like to offer would offset the cost of MAX BAUCUS, BYRON L. DORGAN, EDWARD on, vote, and pass this legislation. Peo- the bill with unspent funds from the E. KAUFMAN, MARK L. PRYOR, JEFF so-called stimulus package instead. ple are out of jobs. There is a record BINGAMAN, TOM UDALL, ROLAND W. How these amendments will be ad- number of people seeking unemploy- BURRIS, TIM JOHNSON, MARY L. dressed is not yet clear; we do not have ment. There are, I think, about 15 mil- LANDRIEU, PATTY MURRAY, AL the right to offer any of them under lion Americans chasing 3 million jobs. FRANKEN, MICHAEL F. BENNET, BEN- the majority leader’s closed process. They can’t find jobs, can’t get them; JAMIN L. CARDIN, RICHARD DURBIN, We should also recognize that we are they are unavailable. It seems to me it HERB KOHL, MARK BEGICH. engaged in this exercise of extending only makes sense for us to extend the The PRESIDING OFFICER. By unan- unemployment benefits for one simple underlying unemployment insurance imous consent, the mandatory quorum reason: Our economy continues to lose for another 14 weeks for all States and call is waived. The question is, Is it the more jobs than it is producing. That is 6 weeks for those high unemployment sense of the Senate that debate on because the President’s stimulus pro- States. amendment No. 2712, the Baucus-Reid gram is simply not working as in- I mentioned earlier how important it substitute to H.R. 3548, the Unemploy- tended. is for us to keep spending stimulus dol- ment Compensation Extension Act of According to an October 29 Associ- lars. I chuckled when I heard my good 2009, shall be brought to a close? ated Press report, the Obama adminis- friend talk about filling the tree. The yeas and nays are mandatory tration is overstating the impact of the Frankly, in my State we need not to under the rule. stimulus and the number of jobs the fill up trees, we need to fell more trees The clerk will call the roll. program has created. According to the so we can get more jobs in our State, The assistant legislative clerk called AP report, ‘‘the review found some and that is one reason for the exten- the roll. counts were more than 10 times as high sion of the home buyer’s tax credit. Mr. DURBIN. I announce that the as the actual number of jobs; some jobs The people in our home States, as we Senator from Vermont (Mr. LEAHY), were credited to stimulus spending know, are more worried about jobs the Senator from Missouri (Mrs. when, in fact, none were produced.’’ than anything else. That is what it MCCASKILL), and the Senator from New AP went on to note that ‘‘there’s no comes down to is jobs, good-paying Jersey (Mr. MENENDEZ) are necessarily evidence the White House sought to in- jobs. With this legislation, hopefully, if absent. flate job numbers in the report, but the we get enough cloture votes so we can Mr. KYL. The following Senators are administration embraced the flawed invoke cloture and get to the passage necessarily absent: the Senator from figures the moment they were re- of the legislation, it is about jobs—ex- Utah (Mr. BENNETT), the Senator from leased.’’ tending the homeowners tax credit, it Kentucky (Mr. BUNNING), the Senator An October 21 report in the Phoenix is expanding the net operating loss pro- from Oklahoma (Mr. COBURN), the Sen- Business Journal recalled that while vision, which is so important to so ator from Tennessee (Mr. CORKER), the President Obama projected that the many companies. Add to that, it is ex- Senator from Texas (Mr. CORNYN), the stimulus bill would create 70,000 new tending unemployment insurance to Senator from New Hampshire (Mr. jobs in Arizona, the State has actually those people who need benefits because GREGG), the Senator from Texas (Mrs. lost 77,300 jobs since the stimulus was they are out of work, looking for jobs. HUTCHISON), the Senator from Georgia signed into law. Let me repeat two figures I men- (Mr. ISAKSON), the Senator from Alaska If the stimulus isn’t working, we tioned earlier: There are about 15 mil- (Ms. MURKOWSKI), and the Senator from ought to consider alternatives or at lion people in our country unemployed Alabama (Mr. SESSIONS). least try to put some of the remaining who are looking for about 3 million Further, if present and voting, the unspent funds to better use. jobs. That is about one out of five. Senator from Kentucky (Mr. BUNNING) After all, we can and should extend That is unconscionable in a country would have voted ‘‘yea,’’ and the Sen- unemployment benefits, but unless new such as ours. ator from Texas (Mr. CORNYN) would jobs are being created, the unemployed Let’s get on with this, let’s pass this have voted ‘‘yea.’’ will be no better off once the additional legislation so people can get some help. The PRESIDING OFFICER. Are there I yield the remainder of my time. I benefits we are providing run out. any other Senators in the Chamber de- guess there is only 4 seconds left on Mr. President, I wish the majority siring to vote? this side. I suggest the absence of a leader had allowed this bill to move The yeas and nays resulted—yeas 85, forward sooner under an open process. quorum. The PRESIDING OFFICER. The nays 2, as follows: We could have passed it weeks ago. But clerk will call the roll. [Rollcall Vote No. 332 Leg.] I intend to vote for it today. The legislative clerk proceeded to YEAS—85 The PRESIDING OFFICER. The Sen- call the roll. Akaka Enzi McCain ator from Montana is recognized. Mr. BAUCUS. Mr. President, I ask Alexander Feingold McConnell Mr. BAUCUS. Mr. President, how unanimous consent the order for the Barrasso Feinstein Merkley Baucus Franken much time is remaining on each side? quorum call be rescinded. Mikulski The PRESIDING OFFICER. The time Bayh Gillibrand Murray The PRESIDING OFFICER. Without Begich Graham remaining is 7 minutes 8 seconds on the Nelson (NE) objection, it is so ordered. Bennet Grassley Nelson (FL) Democratic side, and 4 seconds on the Mr. BAUCUS. Mr. President, I ask all Bingaman Hagan Pryor Boxer Harkin Republican side. Reed remaining time be yielded back and I Brown Hatch Reid Mr. BAUCUS. Four seconds. That is ask consent we proceed to the vote on Brownback Inhofe interesting. the underlying measure. Burr Inouye Risch I want to set the record straight for Burris Johanns Roberts The PRESIDING OFFICER. Is there Rockefeller my good friend from Nebraska. I don’t Byrd Johnson objection? Cantwell Kaufman Sanders know how wise it would be to pay for Without objection, it is so ordered. Cardin Kerry Schumer this unemployment extension by stop- Mr. BAUCUS. I thank the Chair. Carper Kirk Shaheen Shelby ping stimulus payments. Our economy CLOTURE MOTION Casey Klobuchar Chambliss Kohl Snowe is still coming out, still in recovery. The PRESIDING OFFICER. Pursuant Cochran Kyl Specter We are by no means out of the woods to rule XXII, the Chair lays before the Collins Landrieu Stabenow yet. I think it would not make sense to Senate the pending cloture motion, Conrad Lautenberg Tester pay for the extension of unemployment which the clerk will report. Crapo LeMieux Thune Dodd Levin Udall (CO) insurance benefits by going back to CLOTURE MOTION Dorgan Lieberman Udall (NM) stimulus money and stopping the pay- We, the undersigned Senators, in accord- Durbin Lincoln Vitter ment of stimulus dollars. I do not know ance with the provisions of rule XXII of the Ensign Lugar

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10985 Voinovich Webb Wicker Democratic problem; it is a hardship Bishop, of Medford, NY; SFC David E. Warner Whitehouse Wyden that hits every community in every Metzger, of San Diego, CA; SGT Nikolas A. NAYS—2 State in every part of our country. Mueller, of Little Chute, WI; SGT Josue E. Hernandez Chavez, of Reno, NV; SSG Shawn Bond DeMint Last week, I spoke about my con- H. McNabb, of Terrell, TX; CW3 Niall Lyons, NOT VOTING—13 stituent Jane McDermott from Stod- of Spokane, WA; CW4 Michael P. Mont- dard, NH. Jane wrote me last week Bennett Gregg Menendez gomery, of Savannah, GA; PFC Christopher Bunning Hutchison Murkowski that without this extension, she I. Walz, of Vancouver, WA; SPC Jared D. Coburn Isakson Sessions doesn’t know how she is going to pay Stanker, of Evergreen Park, IL; SGT Patrick Corker Leahy for the gas she needs to get out and O. Williamson, of Broussard, LA; SGT Issac Cornyn McCaskill look for a job, she doesn’t know how B. Jackson, of Plattsburg, MO; SGT Dale R. The PRESIDING OFFICER. On this she is going to pay for groceries for her Griffin, of Terre Haute, IN; SGT Fernando vote, the yeas are 85, the nays are 2. family or any of the other family ne- Delarosa, of Alamo, TX; SSG Luis M. Gon- zalez, of South Ozone Park, NY. Three-fifths of the Senators duly cho- cessities. I was hoping that today Jane sen and sworn having voted in the af- LCpl Cody R. Stanley, of Rosanky, TX; would get the news she has been wait- SPC Brandon K. Steffey, of Sault Sainte firmative, the motion is agreed to. ing for—that this extension will be put Marie, MI; MAJ David L. Audo, of Saint Jo- Cloture having been invoked on into effect and that she, along with seph, IL; PFC Devin J. Michel, of Stockton, amendment No. 2712, the motion to millions of other Americans who need IL; SGT Eduviges G. Wolf, of Hawthorne, CA; commit falls. it, will get the help to be able to con- Capt Kyle R. Van De Giesen, of North Attle- The Senator from New Hampshire. tinue to look for a job and continue to boro, MA; Capt David S. Mitchell, of Mrs. SHAHEEN. Mr. President, I ask get the family necessities while she Loveland, OH; Capt Eric A. Jones, of West- unanimous consent to speak as in chester, NY; CPL Gregory M.W. Fleury, of does that. Anchorage, AK; PFC Kimble A. Han, of Lehi, morning business. I think it is time—again, way past The PRESIDING OFFICER. Without UT; SPC Eric N. Lembke, of Tampa, FL; SPC time—for us to put politics aside. We Kyle A. Coumas, of Lockeford, CA; SSG objection, it is so ordered. shouldn’t make Jane or any of the Bradley Espinoza, of Mission, TX; LCpl Mrs. SHAHEEN. Mr. President, the other hundreds of thousands of Ameri- David R. Baker, of Painesville, OH; SPC Mi- Senate has just voted on a motion to cans who have been waiting for this ex- chael A. Dahl Jr., of Moreno Valley, CA; PFC advance the Unemployment Compensa- tension wait one more day. Daniel J. Rivera, of Rochester, NY; PFC tion Extension Act. This is the second Mr. President, I yield the floor with Brandon M. Styer, of Lancaster, PA; SPC Daniel C. Lawson, of Deerfield Beach, FL; time—that is right, the second time— the hopes that we will get an agree- we voted on this critical legislation. SPC Jesus O. Flores, Jr., of La Mirada, CA; ment today, tomorrow, as soon as pos- SSG Glen H. Stivison, Jr., of Blairsville, PA. But, unfortunately, opponents of the sible, to help the people who need help. extension are still holding it up. SPC Anthony G. Green, of Matthews, NC; Thank you. SSG Chris N. Staats, of Fredericksburg, TX; The bill under consideration today I note the absence of a quorum. SGT Christopher M. Rudzinski, of Rantoul, incorporates important ideas from both The PRESIDING OFFICER. The IL; SSgt Aaron J. Taylor, of Bovey, MN; sides of the aisle. When the House bill clerk will call the roll. LCpl Alfonso Ochoa Jr., of Armona, CA; SPC included additional weeks only for The assistant legislative clerk pro- George W. Cauley, of Walker, MN; SFC Ken- workers in States with unemployment ceeded to call the roll. neth W. Westbrook, of Shiprock, NM; SPC rates above 8.5 percent, the chairman Kevin O. Hill, of Brooklyn, NY; PFC Kevin C. Mrs. SHAHEEN. Mr. President, I ask Thomson, of Reno, NV; SPC Stephan L. and the majority leader allowed us to unanimous consent that the order for work out a compromise that would Mace, of Lovettsville, VA; SPC Christopher the quorum call be rescinded. T. Griffin, of Kincheloe, MI; SGT Michael P. support jobless workers in all 50 The PRESIDING OFFICER. Without Scusa, of Villas, NJ; SGT Joshua J. Kirk, of States. objection, it is so ordered. South Portland, ME; SGT Joshua M. Hardt, An amendment by Senator ISAKSON of Applegate, CA; SGT Justin T. Gallegos, of f to extend the home buyers tax credit Tucson, AZ; SSG Vernon W. Martin, of Sa- has now been incorporated into the MORNING BUSINESS vannah, GA; MAJ Tad T. Hervas, of Coon Senate bill, as well as an important Rapids, MN; PFC Alan H. Newton Jr., of Mrs. SHAHEEN. Mr. President, I ask Asheboro, NC; CPT Benjamin A. Sklaver, of amendment from Senator BUNNING to unanimous consent that the Senate extend the carryback of net operating Medford, MA; SPC Paul E. Andersen, of proceed to a period of morning busi- Dowagiac, MI. losses for up to 5 years. Both of these ness, with Senators permitted to speak SSG Thomas D. Rabjohn, of Litchfield are good ideas that will help home- for up to 10 minutes each, and that the Park, AZ; SPC Brandon A. Owens, of Mem- owners, help our housing market, and time during morning business count phis, TN; SGT Aaron M. Smith, of Manhat- provide relief to businesses that are against the postcloture time. tan, KS; SGT Roberto D. Sanchez, of Sat- trying to weather this economic reces- The PRESIDING OFFICER. Without ellite Beach, FL; SGT Ryan C. Adams, of Rhinelander, WI; SPC Russell S. Hercules sion. Both have now been included in objection, it is so ordered. the Unemployment Compensation Ex- Jr., of Murfreesboro, TN; SSG Jack M. Mar- tension Act. f tin, III, of Bethany, OK; SFC Christopher D. Now it is time for all of us to stop Shaw, of Markham, IL; SSG Alex French, IV, HONORING OUR ARMED FORCES of Milledgeville, GA; SPC Ross E. Vogel, III, playing politics and to focus on the Mr. LAUTENBERG. Mr. President, of Red Lion, PA; LCpl Jordan L. Chrobot, of critical issue we started to address a another 6 months have passed, and Frederick, MD; SPC Kevin J. Graham, of month ago: the devastating rates of un- more American troops have lost their Benton, KY; SPC Joseph V. White, of Belle- employment and the nearly 2 million lives overseas in Iraq and Afghanistan. vue, WA; SGT Edward B. Smith, of Home- Americans who are exhausting their stead, FL; SGT Titus R. Reynolds, of Colum- I wish to honor their service and sac- bus, OH; LCpl John J. Malone, of Yonkers, benefits at the rate of 7,000 a day. rifice by including their names in the This is good legislation. It is legisla- NY; PFC William L. Meredith, of Virginia CONGRESSIONAL RECORD. tion that provides at least 14 additional Beach, VA; TSgt James R Hornbarger, of Since I last included the names of Castle Rock, WA; SGT David A. Davis, of weeks of unemployment insurance for our fallen troops on April 23, 2009, the Dalhart, TX. those Americans who have been hard- Pentagon has announced the deaths of SPC Damon G. Winkleman, of Lakeville, est hit by this recession and those 310 troops in Iraq and in Operation En- OH; SPC Corey J. Kowall, of Murfreesboro, whose benefits are starting to be ex- during Freedom, which includes Af- TN; SPC Michael S. Cote Jr., of Denham hausted. I was pleased that once again Springs, LA; SrA Matthew R. Courtois, of ghanistan. They will not be forgotten the motion to advance this bill re- Lucas, TX; PFC Jeremiah J. Monroe, of and today I submit their names into ceived broad bipartisan support. The Niskayuna, NY; SSG Joshua M. Mills, of El the RECORD: vote was 85 to 2. The first vote was 87 Paso, TX; SFC Shawn P. McCloskey, of to 13. It should receive this kind of sup- PFC Lukas C. Hopper, of Merced, CA; SPC Peachtree City, GA; SFC Bradley S. Bohle, Adrian L. Avila, of Opelika, AL; Frank R. of Glen Burnie, MD; SGT Robert D. Gordon, port because unemployment isn’t a Walker, of Oklahoma City, OK; PFC Brian R. II, of River Falls, AL; 1LT David T. Wright, New England problem or a Montana Bates, of Gretna, LA; SPC Joseph L. II, of Moore, OK; SGT Andrew H. McConnell, problem or a southern problem; it isn’t Gallegos, of Questa, NM; SPC Robert K. of Carlisle, PA; SPC Demetrius L. Void, of a Republican or an Independent or a Charlton, of Malden, MO; SSG Keith R. Orangeburg, SC; SSgt Bryan D. Berky, of

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10986 CONGRESSIONAL RECORD — SENATE November 2, 2009 Melrose, FL; SPC Daniel L. Cox, of Parsons, SGT Gerrick D. Smith, of Sullivan, IL; AT Samuel D. Stone, of Port Orchard, WA; PVT KS; SSG Nekl B. Allen, of Rochester, NY; Andrew Scott Charpentier, of Great Falls, Bradley W. Iorio, of Galloway, NJ; PVT PFC Matthew M. Martinek, of DeKalb, IL; MT; SPC Justin D. Coleman, of Spring Hill, Thomas E. Lee, III, of Dalton, GA; SPC Chad SFC Duane A. Thornsbury, of Bridgeport, FL; PFC Donald W. Vincent, of Gainesville, A. Edmundson, of Williamsburg, PA; Dr. WV; SGT Tyler A. Juden, of Winfield, KS; FL; SPC Herberth A. Berrios-Campos, of Maged M. Hussein, of Cairo, Egypt, 1SGT 1LT Tyler E. Parten, of AR; LCpl Chris- Bealeton, VA; Cpl Nicholas G. Xiarhos, of Blue C. Rowe, of Summers, AR; CDR Duane topher S. Fowlkes, of Gaffney, SC. Yarmouth Port, MA; LCpl Jeremy S. Lasher, G. Wolfe, of Port Hueneme, CA; SrA Ashton PFC Zachary T. Myers, of Delaware, OH; of Oneida, NY; Sgt Ryan H. Lane, of Pitts- L. M. Goodman, of Indianapolis, IN; Lt Col PFC Thomas F. Lyons, of Fernley, NV; SSG burgh, PA; SPC Randy L.J. Neff, Jr., of Mark E. Stratton, II, of Houston, TX; SFC Shannon M. Smith, of Marion, OH; SGT Blackfoot, ID; SGT Joshua J. Rimer, of Brian Naseman, of New Bremen, OH; CW4 Youvert Loney, of Pohnpei, Micronesia; SSgt Rochester, PA; SGT Raymundo P. Morales, Brent S. Cole, of Reedsville, WV; SSG Paul Aaron M. Kenefick, of Roswell, GA; 1LT Mi- of Dalton, GA; PFC Dennis J. Pratt, of Dun- F. Brooks, of Joplin, MO. chael E. Johnson, of Virginia Beach, VA; can, OK; SPC Andrew J. Roughton, of Hous- 1LT Leevi K. Barnard, of Mount Airy, NC; GySgt Edwin W. Johnson Jr., of Columbus, ton, TX; SGT Anthony M. Lightfoot, of Riv- MAJ Jason E. George, of Tehachapi, CA; 1LT GA; PO3 James R. Layton, of Riverbank, CA; erdale, GA; SGT Gregory Owens Jr., of Gar- Roslyn L. Schulte, of St. Louis, MO; SGT Capt Joshua S. Meadows, of Bastrop, TX; 1st land, TX; Cpl Benjamin S. Kopp, of Carlie M. Lee, III, of Birmingham, AL; SSG Lt Joseph D. Helton, of Monroe, GA; SSG Rosemount, MN; LCpl Brandon T. Lara, of Esau I. De la Pena-Hernandez, of La Puente, Michael C. Murphrey, of Snyder, TX; SGT New Braunfels, TX; Capt Mark R. McDowell, CA; SPC David A. Schaefer Jr., of Belleville, Randy M. Haney, of Orlando, FL; 2LT Darryn of Colorado Springs, CO; Capt Thomas J. IL; CPL Ryan C. McGhee, of Fredericksburg, D. Andrews, of Dallas, TX; LCpl Christopher Gramith, of Eagan, MN; SPC Carlos E. VA; MAJ Steven Hutchison, of Scottsdale, S. Baltazar Jr., of San Antonio, TX; PO3 Wilcox, IV, of Cottage Grove, MN. AZ; PFC Michael E. Yates Jr., of Benjamin P. Castiglione, of Howell, MI; SPC SPC James D. Wertish, of Olivia, MN; SPC Federalsburg, MD; SPC Jacob D. Barton, of Jordan M. Shay, of Salisbury, MA; SSG Todd Daniel P. Drevnick, of Woodbury, MN; SFC Lenox, MO; SSG Christian E. Bueno-Galdos, W. Selge, of Burnsville, MN; SPC Tyler R. Jason J. Fabrizi, of Seffner, FL; Sgt Michael of Paterson, NJ; MAJ Matthew P. Houseal, Walshe, of Shasta, CA; PFC Jordan M. W. Heede, of Delta, PA; SSgt David S. of Amarillo, TX; SGT Lukasz D. Saczek, of Brochu, of Cumberland, ME; SPC Jonathan Spicer, of Zanesfield, OH; CW2 Rodney A. Lake in the Hills, IL; SPC Omar M. Albrak, D. Welch, of Yorba Linda, CA. Jarvis, of Akron, OH; SSG Eric J. Lindstrom, of Chicago, IL; CDR Charles K. Springle, of LCpl David R. Hall, of Elyria, OH; PFC of Flagstaff, AZ; MSgt Jerome D. Hatfield, of Wilmington, NC; PVT Justin P. Hartford, of Eric W. Hario of Monroe, MI; SSG Jason S. Axton, VA; LCpl Pedro A. Barbozaflores, of Elmira, NY; SSG Randy S. Agno, of Pearl Dahlke of Orlando, FL; SPC Abraham S. Glendale, CA; Cpl Matthew R. Lembke, of City, HI; SPC Shawn D. Sykes, of Ports- Wheeler, III, of Columbia, SC; PVT Taylor D. Tualatin, OR; SPC Joshua R. Farris, of La mouth, VA; SPC Jake R. Velloza, of Inver- Marks, of Monmouth, OR; SGT Earl D. Wer- Grange, TX; MSgt John E. Hayes, of Middle- ness, CA; SPC Jeremiah P. McCleery, of ner, of Mondovi, WI; SSG Kurt R. Curtiss, of burg, FL; LCpl Roger G. Hager, of Portola, CA. Murray, UT; PFC Matthew E. Wildes, of Gibsonville, NC; SPC Gregory J. Missman, of SPC Ryan C. King, of Dallas, GA; SGT Hammond, LA; SPC Dennis M. Williams, of Batavia, OH; PFC Lucas M. Bregg, of Wright James D. Pirtle, of Colorado; Springs, CO; Federal Way, WA; SFC Ronald W. Sawyer, of City, MO; Sgt Michael C. Roy, of North Fort SGT Christopher D. Loza, of Abilene, TX; Trenton, MO; CPT Cory J. Jenkins, of AZ; Myers, FL; AO Darren Ethan Tate, of Can- PO2 Tyler J. Trahan, of East Freetown, MA; CPT John L. Hallett, III, of Concord, CA; yon, TX; SPC Issac L. Johnson, of Columbus, SSgt Mark A. Wojciechowski, of Cincinnati, LCpl Donald J. Hogan, of San Clemente, CA; GA; SPC Chester W. Hosford, of Hastings, OH; Sgt James R. McIlvaine, of Olney, MD; CPL Darby T. Morin, of Victoria, Canada; MN; SGT Brock H. Chavers, of Bulloch, GA. SSG Leroy O. Webster, of Sioux Falls, SD; 2LT Joseph D. Fortin, of St. Johnsbury, VT; 2LT Derwin I. Williams, of Glenwood, IL; CSM Benjamin Moore Jr., of Waycross, GA; SSG Andrew T. Lobosco, of Somerville, NJ; CPT Mark A. Garner, of Elkin, NC; PFC CPL Brad A. Davis, of Garfield Heights, OH; PFC Jonathan C. Yanney, of Litchfield, MN; Nicolas H. J. Gideon, of Murrieta, CA; SPC Cpl William C. Comstock, of Van Buren, AR. SPC Troy O. Tom, of Shiprock, NM; SGT Christopher M. Talbert, of Galesburg, IL; Matthew L. Ingram, of Pearl, MS; SPC Jus- PO2 Tony Michael Randolph, of Henryetta, We cannot forget these men and tin R. Pellerin, of Boscawen, NH OK; LCpl Charles S. Sharp of Adairsville, women and their sacrifice. These brave PFC Brian M. Wolverton, of Oak Park, CA; GA; PFC Aaron E. Fairbairn, of Aberdeen, souls left behind parents, spouses, chil- 1SG Jose S.N. Crisostomo, of Inarajan, WA; PFC Justin A. Casillas, of Dunnigan, dren, siblings, and friends. We want Guam; SSG Clayton P. Bowen, of San Anto- CA; SPC Robert L. Bittiker, of Jacksonville, them to know the country pledges to nio, TX; PFC Morris L. Walker, of Chapel NC; SGT Juan C. Baldeosingh, of Newport, preserve the memory of our fallen sol- Hill, NC; SPC Paul E. Dumont, of Williams- NC; SGT Roger L. Adams Jr., of Jackson- burg, VA; SPC Matthew D. Hastings, of ville, NC; SFC Edward C. Kramer, of Wil- diers who gave their lives for our coun- Claremore, OK; SPC William Z. Van Osdol, of mington, NC; SGT Terry J. Lynch, of Shep- try. Pinson, AL; GySgt Adam F. Benjamin, of herd, MT; SSG Timothy A. David, of SERGEANT MICHAEL P. SCUSA Garfield Heights, OH; LCpl Leopold F. Gladwin, MI; PFC Steven T. Drees, of Mr. Ben NELSON of Nebraska. Mr. Damas, of Floral Park, NY. SFC William B. Peshtigo, WI; SPC Joshua L. Hazlewood, of President, I rise today to honor Army Woods Jr., of Chesapeake, VA; CPL Nicholas Manvel, TX; 1LT Brian N. Bradshaw, of SGT Michael P. Scusa, who lost his life R. Roush, of Middleville, MI; LCpl Joshua M. Steilacoom, WA; SPC Casey L. Hills, of Bernard, of New Portland, ME; SGT William Salem, IL; SGT Rodrigo A. Munguia Rivas, as the result of an attack in Kamdesh, J. Cahir, of Washington, DC; CPT John of Germantown, MD; SGT Ricky D. Jones, of Afghanistan, on October 3, 2009. Tinsley, of Tallahassee, FL; LCpl Bruce E. Plantersville, AL. As a child in Crete, NE, Michael Ferrell, of Perdido, AL; SPC Richard A. Wal- 1SG John D. Blair, of Calhoun, GA; MCPO Scusa had his sights set on a military ters Jr., of Cleveland, OH; LCpl Patrick W. Jeffrey J. Garber, of Hemingford, NE; SPC career. He joined the U.S. Army in 2005, Schimmel, of Winfield, MO; LCpl Javier Chancellor A. Keesling, of Indianapolis, IN; immediately following his high school Olvera, of Palmdale, CA; LCpl Dennis J. Bur- SSG Joshua A. Melton, of Carlyle, IL; SSG graduation in Villas, NJ, where he had row, of Naples, FL; SGT Jerry R. Evans Jr., Paul G. Smith, of East Peoria, IL; SGT Josh- of Eufaula, Al. ua W. Soto, of San Angelo, TX; MSG Kevin been living with his mother. After SPC Matthew K.S. Swanson, of Lake For- A. Dupont, of Templeton, MA; CPT Kafele H. basic training in Kentucky, Scusa was est, CA; SSG Tara J. Smith, of Nashville, Sims, of Los Angeles, CA; SPC Jonathan C. assigned to Fort Carson, CO. NC; Capt Matthew C. Freeman, of Richmond O’Neill, of Zephyrhills, FL; SSG Edmond L. While stationed at Fort Carson, Ser- Hill, GA; Sgt Jay M. Hoskins, of Paris, TX; Lo, of Salem, NH; CWO2 Ricky L. Richardson geant Scusa met his wife Alyssa. She Cpl Christian A. Guzman Rivera, of Home- Jr., of Franklin, MO; MAJ Rocco M. Barnes, describes her husband as a man with a stead, FL; LCpl Travis T. Babine, of San An- of Los Angeles, CA; LCpl Joshua R. Whittle, wonderful sense of humor who always tonio, TX; LCpl James D. Argentine, of of Downey, CA; LCpl Robert D. Ulmer, of brightened other people’s spirits. He Farmingdale, NY; PO3 Anthony C. Garcia, of Landisville, PA; SGT Christopher M. Kurth, never complained and always wore a Panama City, FL; PVT Keiffer P. Wilhelm, of Alamogordo, NM; SPC Charles D. Parrish, of Plymouth, OH; SFC Severin W. Summers, of Jasper, AL; SPC Jeffrey W. Jordan, of smile. The two had been married for 2 III, of Bentonia, MS; SFC Alejandro Rome, GA; SFC John C. Beale, of Riverdale, years and had a son Connor, named Granado, of Fairfax, VA; CPT Ronald G. GA; MAJ Kevin M. Jenrette, of Lula, GA; after one of Scusa’s close friends who Luce Jr., of Fayetteville, NC; PVT Patrick SGT Jasper K. Obakrairur, of Hilo, HI. was also killed while serving his coun- S. Fitzgibbon, of Knoxville, TN; PFC Richard SPC Jarrett P. Griemel, of La Porte, TX; try. Scusa was deployed to Afghanistan K. Jones, of Roxboro, NC; CPL Jonathan M. SPC Roberto A. Hernandez, I, of Far Rock- when Connor was just 8 months old. Walls, of West Lawn, PA; SPC Alexander J. away, NY; SGT Justin J. Duffy, of Cozad, Sergeant Scusa had been in Afghani- Miller, of Clermont, FL; SSG Johnny R. NE; PFC Matthew W. Wilson, of Miller, MO; Polk, of Gulfport, MS; LCpl Jonathan F. PFC Matthew D. Ogden, of Corpus Christi, stan for 5 months and was on his sec- Stroud, of Cashion, OK; LCpl Gregory A. TX; SSG Jeffrey A. Hall, of Huntsville, AL; ond tour overseas, having deployed to Posey, of Knoxville, TN; CW2 Douglas M. LCpl Matthew G. Reza, of Austin, TX; SPC Iraq from October 2006 to December Vose, III, of Concrete, WA. Marko M. Samson, of Columbus, OH; SPC 2007. He and seven other soldiers out of

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10987 Fort Carson, all of the 3rd Squadron, Obama said, ‘‘Freedom of religion and other event, even the earthquake, to 61st Cavalry Regiment, 4th Brigade expression lead to a strong and vibrant turn Anchorage from a small port city Combat Team, 4th Infantry Division, civil society that only strengthens the to Alaska’s largest city and the center were killed in combat while bravely de- state, which is why steps like reopen- of business, commerce, and supply in fending their outpost against a coordi- ing Halki Seminary will send such an the State. nated attack by hundreds of insurgents important signal inside Turkey and be- In preparation for the construction of in the mountainous Nuristan Provence. yond.’’ In a welcomed development, the Trans-Alaska pipeline and the sub- Over the course of his service, Sergeant Turkey’s Prime Minister, Recep sequent economic boom, Sullivan had Scusa received an array of honors and Tayyip Erdog˘ an met with the Ecu- the vision to see that municipal gov- awards, including a Bronze Star, Pur- menical Patriarch in August. In an ad- ernment needed to have greater au- ple Heart and Army Good Conduct dress to a wider gathering of minority thority to regulate and supervise Medal; and he was posthumously pro- religious leaders that day, Erdog˘ an growth. He led the effort to bring about moted from specialist to sergeant. concluded by stating, ‘‘We should not the merger of the city of Anchorage Upon his wishes, Sergeant Scusa has be of those who gather, talk and dis- with the surrounding borough to build been laid to rest in Colorado in order to perse. A result should come out of a unified government, helping to write be near his wife and son. He also leaves this.’’ the city-borough’s first charter in 1975. behind his mother Cindy; father and Mr. President, I urge Prime Minister He then stayed on to guide the young stepmother George and Kelley; sisters Erdog˘ an to follow through on the sen- unified city-borough government, serv- Susan and Kami; brothers John and timent of those remarks by actions ing as mayor for 14 years, longer than Jimmy; and numerous other family that will facilitate the reopening of the any other person before or since. members and friends. Halki Seminary without further delay. While guiding Anchorage to become Sergeant Scusa passed away making I am told that the Theological School the State’s largest city, he also found the ultimate and most valiant sac- of Halki is situated atop the summit of time to represent Alaska as the State’s rifice. My condolences and prayers go the Hill of Hope. For those of us who first member of the executive board of out to his family and friends. His her- have pursued this issue over the years, the National League of Cities in 1972. oism and selflessness will remain an in- our hope has been that we would indeed He also served as the president of the spiration for all of us. witness the reopening of this historic Alaska Municipal League. f institution. I remain hopeful and en- George also worked tirelessly to rep- ˘ resent Alaska’s needs during congres- CALLING UPON TURKEY TO FA- courage Prime Minister Erdogan to act decisively and without condition on sional consideration of the Alaska CILITATE THE REOPENING OF lands act that eventually passed in THE HALKI SEMINARY this matter before his upcoming visit to Washington. 1980. It was then that I first met him Mr. CARDIN. Mr. President, this f since I was working as an aide for the week’s visit to Washington by the Ecu- Alaska Legislature. George truly was menical Patriarch, Bartholomew I, is ADDITIONAL STATEMENTS an inspiration. He could light up a an appropriate occasion to renew calls room in Juneau just by entering it and for the reopening of the Halki Semi- could influence legislation simply with nary, without further delay. Founded REMEMBERING GEORGE M. SULLIVAN a few words of wisdom. in 1844, the Theological School of George did not speak to hear himself Halki, located outside modern-day ∑ Ms. MURKOWSKI. Mr. President, I talk, but everyone listened when he did Istanbul, served as the principal semi- wish to remember one of the great pub- talk. That was because everyone who nary for Ecumenical Patriarchate until lic officials in the history of the State knew George knew he was a straight its forcible closure by the Turkish au- of Alaska, the former mayor of Anchor- shooter, a totally honest, fair, dedi- thorities in 1971. Counted among alum- age, George M. Sullivan, who died cated and hard-working man of out- ni of this preeminent educational insti- peacefully in his sleep last month at standing judgment. He was a gen- tution are numerous prominent Ortho- age 87. George served Alaska during a tleman in every sense of the word. dox scholars, theologians, priests, and time of transition in our State’s his- He worked tirelessly to develop a bishops as well as patriarchs, including tory. complete city, one with services for the Bartholomew I. Many of these scholars A lifelong Alaskan who was born and young which is why the town’s sports and theologians have served as faculty raised in Valdez, George worked for the center the the Sullivan Arena—is at other institutions serving Orthodox U.S. Army’s transportation corps dur- named after him. He also worked to communities around the world. Despite ing World War II in the Aleutians. He build facilities for senior citizens and occasional indications by the authori- later won a seat in the Alaska House of low-income individuals and he worked ties of pending action to reopen the Representatives in 1964 and 1965, being to build the infrastructure necessary seminary, to date all have failed to ma- an excellent representative for Anchor- for a modern city in a cold climate. terialize. age to represent the city’s vast eco- While we had known of his ill health Earlier this year, several of my col- nomic needs in the State legislature. and his battle with cancer for some leagues from the Commission on Secu- He was a convincing spokesman for An- time, there is still a great emptiness at rity and Cooperation in Europe, which chorage in securing the aid that the his passing. While his wife Margaret I chair, joined me in a letter to Presi- city so desperately needed to rebuild. passed away 2 years ago, George is sur- dent Obama to underscoring our long- George became the mayor of the city vived by nine children, one of which, standing concern over the continued of Anchorage in 1967, just 8 years after Dan, is Anchorage’s current mayor. closure of this unique institution. The statehood, but more importantly just 3 As much as George was known for his continued denial of requests for the re- years after the Good Friday earth- leadership in the community and opening of the seminary stands in clear quake of 1964 that destroyed most of State, he was also known to be a fam- violation of Turkey’s obligations pur- downtown Anchorage. The city was ily man. He and his wife Margaret were suant to the 1989 OSCE Vienna Con- still in the early phases of rebuilding married for 59 years and raised nine cluding Document which affirmed the when George became the leader of city children. I offer my deepest condo- right of religious communities to pro- government. He guided the city lences to all of his children and grand- vide ‘‘training of religious personnel in through crafting new building and zon- children. appropriate institutions.’’ While there ing codes as well as implementing land George was truly one of Alaska’s is no question that the Halki Seminary use planning to prevent further earth- original pioneers, a giant who will be is the appropriate institution for train- quake damage from occurring in the sorely missed. His many accomplish- ing Orthodox clergy in Turkey, the future. ments will live on in Alaska’s history. Government of Turkey continues to Meanwhile, an economic earthquake Many Alaskans, including myself, will refuse to reopen the school. struck Alaska—the discovery of oil on continue to remember the good humor, In his address to the Turkish Gran Alaska’s North Slope in December 1968. wisdom, and selflessness of the man National Assembly in April, President That discovery did more than any who will always be called Mr. Mayor.∑

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10988 CONGRESSIONAL RECORD — SENATE November 2, 2009 TRIBUTE TO ANNA ‘‘ANN’’ ROSS The WASPs served our country with ceremony honoring the 25th anniver- KARY ANDERSON extraordinary bravery, even in the face sary of the American Federation of ∑ Mr. THUNE. Mr. President, today I of discrimination. Their service was es- Mineralogical Societies. Those in at- recognize Anna ‘‘Ann’’ Ross Kary An- sential to the war effort, and this rec- tendance that day in the White House’s derson who served honorably during ognition of their heroics is long over- Rose Garden to honor and thank June World War II as a member of the due and rightfully deserved. Though Culp Zeitner included First Lady Betty Women Airforce Service Pilots, WASP. the pages of history have thus far over- Ford and Mayor of Washington, DC, More than 1,000 women answered the looked the accomplishments and even Walter Edward Washington. call and served as pilots during World the existence of this group, which As the founder of the State Stone War II. However, because WASP served its country so well, this bill en- Program, June encouraged each State records were classified and archived for sures forever their rightful place in his- to select an official stone, mineral, and over 30 years, WASPs have been left tory.∑ fossil. It is thanks to June’s initiative out of much of the documented history f in founding the State Stone Program that South Dakota’s official gem is the of World War II. TRIBUTE TO BILL GROETHE On July 1, 2009, legislation was signed Fairburn Agate, our mineral is Rose into law that honors the service of ∑ Mr. THUNE. Mr. President, today I Quartz, and our fossil is the these women with the Congressional recognize Rapid City, SD, resident Bill Triceratops. Gold Medal, which is given in honor of Groethe on the occasion of his 86th June’s activities extended beyond the outstanding service to the United birthday. purely scientific to include education States and is one of the Nation’s high- Bill has dedicated most of his life to and journalism, serving as a teacher est civilian awards. This Congressional preserving and capturing the history and, for 38 years, a member of the edi- Gold Medal finally gives Anna ‘‘Ann’’ and heritage of Native Americans and torial staff of Lapidary Journal. She Ross Kary Anderson and the rest of South Dakota through his photo- also founded the National Rockhound these brave women the honor and rec- graphs. This means of documentation, and Lapidary Hall of Fame in my ognition they deserve. which Bill has so aptly and skillfully hometown of Murdo, SD. Her other ac- Between 1942 and 1944, the 1,102 employed, has allowed for the preserva- complishments include creating a dis- women of WASP were trained in Texas, tion and study of many of our region’s play collection for the Smithsonian In- and then went on to fly noncombat do- most significant events. stitution and receiving various State Bill’s photographic experiences and mestic military missions so all their and national awards. services extend beyond the scenery and male counterparts could be deployed to The passion and dedication June dis- history of the South Dakota. During combat. WASPs were required to com- played for mineralogy has done much World War II, he served his country as plete the same primary, basic, and ad- to influence professionals and a photo reconnaissance technician for vanced training courses as male Army hobbyists alike. The people of South the Army Air Force. Air Corps pilots, and many went on to Throughout his career, the photo- Dakota and our Nation are grateful for specialized flight training. By the con- the contributions and life of June Culp graphs Bill has taken have not only ∑ clusion of the war, WASPs logged 60 been masterpieces of great artistic Zeitner. million miles of flying in every kind of achievement but have also contributed, f military aircraft. in a unique way, to memorializing Following the war, the WASPs were MESSAGE FROM THE HOUSE great events of the past and, often- DURING ADJOURNMENT disbanded and the women pilots paid times, the people whom these events ENROLLED BILLS SIGNED their own way home without pomp or affected. Examples of this include pho- Under the authority of the order of circumstance. Even during the war, the tographs of Gutzon Borglum and his the Senate of January 6, 2009, the Sec- families of the 38 women who died in crew during the carving of Mount retary of the Senate, on October 30, the line of duty were responsible for Rushmore, the dedication of the Crazy 2009, during the adjournment of the the costs to transport their bodies and Horse monument, survivors of the 1890 Senate, received a message from the arrange burials. It was not until 1977 Wounded Knee Massacre, the Rapid House of Representatives announcing that the WASPs were granted veterans City flood of 1972, and, most notably, that the Speaker has signed the fol- status. 1948 photos of the last nine Native lowing enrolled bills: Anna ‘‘Ann’’ Ross Kary Anderson was American survivors from the Battle of born in 1920 on her family’s homestead the Little Big Horn. Each of these pho- S. 1929. An act to provide for an additional in Mellette County in South Dakota. temporary extension of programs under the tographs captures a pivotal and monu- Small Business Act and the Small Business Following high school, she attended mental event in our history. the University of South Dakota. After Investment Act of 1958, and for other pur- Thanks to the efforts, talents, and poses. her military service ‘‘Kary,’’ as she was generous donations of Bill Groethe, H.R. 2996. An act making appropriations known to her students, went on to in- generations to come will have the op- for the Department of the Interior, environ- struct hundreds of future pilots and portunity to look upon and more fully ment, and related agencies for the fiscal year was one of the first female FAA inspec- appreciate the events of the past.∑ ending September 30, 2010, and for other pur- tors. By the time she retired she had poses. f logged over 20,000 flight hours. She still H.R. 3606. An act to amend the Truth in has family living in South Dakota. TRIBUTE TO JUNE CULP ZEITNER Lending Act to make a technical correction While many of the South Dakota ∑ to an amendment made by the Credit CARD Mr. THUNE. Mr. President, today I Act of 2009. WASPs are no longer with us, I would recognize the life and accomplishments like to recognize all of the women who The enrolled bills were subsequently of June Culp Zeitner, the ‘‘First Lady signed by the President pro tempore joined from South Dakota in addition of Gems,’’ who passed away on October (Mr. BYRD). to Anna ‘‘Ann’’ Ross Kary Anderson: 11, 2009. Helen (Anderson) Severson of Summit, June, a longtime South Dakota resi- f SD. who was killed in service during a dent and world-renowned mineralogist, MESSAGES FROM THE HOUSE flight training accident in 1943; Mar- contributed greatly to the study and At 2:06 p.m., a message from the jorie (Redding) Christiansen of Mystic, knowledge of minerals and fossils House of Representatives, delivered by SD; Loes (Monk) MacKenzie of Salem, through her research and published Mrs. Cole, one of its reading clerks, an- SD; Laurine Nielsen of Deadwood, SD; writings. Her written works include 12 nounced that the House has passed the Maxine (Nolt) Wright DeHaven of books and more than 1,000 scholarly following bill, in which it requests the Sioux Falls, SD. I would also like to and magazine articles on subjects such concurrence of the Senate: honor Violet (Thurn) Cowden formerly as natural history, cutting and H.R. 3854. An act to amend the Small Busi- of Bowdle, SD, who now lives in Cali- polishing techniques, and collection ness Act and the Small Business Investment fornia, and Ola Mildred ‘‘Millie’’ methods. Act of 1958 to improve programs providing Rexroat, who currently resides in In 1976, June acquired the nickname access to capital under such Acts, and for Edgemont, SD. of the ‘‘First Lady of Gems’’ during a other purposes.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10989 At 5:40 p.m., a message from the By Mr. SCHUMER: By Mr. SCHUMER (for himself and House of Representatives, delivered by S. 2615. A bill to extend the temporary sus- Mrs. GILLIBRAND): Mrs. Cole, one of its reading clerks, an- pension of duty on C12-18 alkenes; to the S. 2632. A bill to suspend temporarily the Committee on Finance. duty on certain electrical connectors; to the nounced that the House has passed the By Mr. SCHUMER: Committee on Finance. following bill, without amendment: S. 2616. A bill to extend the temporary sus- By Mr. SCHUMER (for himself and S. 475. An act to amend the pension of duty on cis-3-Hexen-1-ol; to the Mrs. GILLIBRAND): Servicemembers Civil Relief Act to guar- Committee on Finance. S. 2633. A bill to suspend temporarily the antee the equity of spouses of military per- By Mr. SCHUMER: duty on certain tamper resistant ground sonnel with regard to matters of residency, S. 2617. A bill to suspend temporarily the fault circuit interrupter receptacles; to the and for other purposes. duty on certain stick umbrellas; to the Com- Committee on Finance. mittee on Finance. f By Mr. SCHUMER (for himself and By Mr. SCHUMER: Mrs. GILLIBRAND): MEASURES REFERRED S. 2618. A bill to suspend temporarily the S. 2634. A bill to suspend temporarily the duty on 2-Hydroxypropylmethylcellulose; to duty on certain occupancy sensor switches; The following bill was read the first the Committee on Finance. to the Committee on Finance. and the second times by unanimous By Mr. SCHUMER: By Mr. SCHUMER (for himself and S. 2619. A bill to suspend temporarily the consent, and referred as indicated: Mrs. GILLIBRAND): duty on mixtures containing n-butyl-1,2- H.R. 3854. An act to amend the Small Busi- S. 2635. A bill to suspend temporarily the benzisothiazolin-3-one (Butyl ness Act and the Small Business Investment duty on certain surge protective receptacles; benzisothiazoline) and application adjuvants; Act of 1958 to improve programs providing to the Committee on Finance. to the Committee on Finance. access to capital under such Acts, and for By Mr. SCHUMER (for himself and By Mr. SCHUMER: other purposes; to the Committee on Small Mrs. GILLIBRAND): S. 2620. A bill to suspend temporarily the Business and Entrepreneurship. S. 2636. A bill to suspend temporarily the duty on mixtures containing n-butyl-1,2- duty on certain stage lights of aluminum; to f benzisothiazolin-3-one (Butyl the Committee on Finance. benzisothiazoline), 1-hydroxypyridine-2- By Mr. SCHUMER (for himself and MEASURES PLACED ON THE thione, zinc salt (Zinc pyrithione) and appli- CALENDAR Mrs. GILLIBRAND): cation adjuvants; to the Committee on Fi- S. 2637. A bill to suspend temporarily the The following bill was read the first nance. duty on certain plastic base material spot- and second times by unanimous con- By Mr. SCHUMER: lights and nightlights; to the Committee on S. 2621. A bill to suspend temporarily the Finance. sent, and placed on the calendar: duty on 4-Methylbenzenesulfonamide; to the By Mr. SESSIONS: H.R. 3619. An act to authorize appropria- Committee on Finance. tions for the Coast Guard for fiscal year 2010, S. 2638. A bill to extend the temporary sus- By Mr. SCHUMER: pension of duty on 1,3,5-Triazine-2,4,6-tri- and for other purposes. S. 2622. A bill to suspend temporarily the amine,N,N′′′-[1,2-ethane-diyl-bis-[[[4,6- duty on mixture of calcium hydroxide, mag- f bis[butyl (1,2,2,6,6-pentamethyl-4- nesium hydroxide, aluminum silicate and piperidinyl)amino]-1,3,5-triazine-2-yl]imino]- REPORTS OF COMMITTEES stearic acid; to the Committee on Finance. 3,1-propanediyl]]bis[N’,N″-dibutyl-N’,N″- The following reports of committees By Mr. SCHUMER: S. 2623. A bill to suspend temporarily the bis(1,2,2,6,6,-pentamethyl-4-piperidinyl)-and were submitted: duty on 3-(1,3-Benzodioxol-5-yl)-2- Butanedioic acid, dimetheylester polymer By Mr. ROCKEFELLER, from the Com- methylpropanal (Helional); to the Com- with 4-hydroxy-2,2,6,6-tetramethyl-1- mittee on Commerce, Science, and Transpor- mittee on Finance . piperdine ethanol; to the Committee on Fi- tation, without amendment: By Mr. SCHUMER: nance. S. 30. A bill to amend the Communications S. 2624. A bill to extend the temporary sus- By Mr. SESSIONS: Act of 1934 to prohibit manipulation of caller pension of duty on magnesium zinc alu- S. 2639. A bill to extend the temporary sus- identification information (Rept. No. 111–96). minum hydroxide carbonate coated with ste- pension of duty on butanedioic acid, di- methyl ester, polymer with 4-hydroxy-2,2,6,6 f aric acid; to the Committee on Finance. By Mr. SCHUMER: ,-tetramethyl-1-piperidineethanol; to the INTRODUCTION OF BILLS AND S. 2625. A bill to extend the temporary sus- Committee on Finance. JOINT RESOLUTIONS pension of duty on magnesium aluminum hy- By Mr. SESSIONS: droxide carbonate (synthetic hydrotalcite) S. 2640. A bill to suspend temporarily the The following bills and joint resolu- and magnesium aluminum hydroxide car- duty on certain unwoven polypropylene tions were introduced, read the first bonate (synthetic hydrotalcite) coated with zippered sleeping bag carry cases, not under and second times by unanimous con- stearic acid; to the Committee on Finance. 77.5 cm in circumference and not exceeding sent, and referred as indicated: By Mr. SCHUMER: 106.7 cm in circumference; to the Committee S. 2626. A bill to extend the temporary sus- on Finance. By Mr. SCHUMER: pension of duty on polytetramethylene ether By Mr. SESSIONS: S. 2608. A bill to extend temporarily the re- glycol; to the Committee on Finance. S. 2641. A bill to extend the temporary sus- duction of duty on certain pesticide chemi- By Mr. SCHUMER (for himself and pension of duty on N,N-Hexane-1,6,diylbis(3- cals; to the Committee on Finance. Mrs. GILLIBRAND): (3,5-di-tert-butyl-4- By Mr. SCHUMER: S. 2627. A bill to temporarily suspend the hydroxyphenylpropionamide)); to the Com- S. 2609. A bill to extend temporarily the re- duty on aluminum lamp-holder housings mittee on Finance. duction of duty on certain acetamiprid, containing sockets; to the Committee on Fi- By Mr. SESSIONS: whether or not combined with application nance. S. 2642. A bill to suspend temporarily the adjuvants; to the Committee on Finance. By Mr. SCHUMER (for himself and duty on man-made shells used in the manu- By Mr. SCHUMER: Mrs. GILLIBRAND): facture of sleeping bags; to the Committee S. 2610. A bill to suspend temporarily the S. 2628. A bill to extend temporarily the on Finance. duty on digital camera lenses; to the Com- suspension of duty on brass lamp-holder By Mr. SESSIONS: mittee on Finance. housings containing sockets; to the Com- S. 2643. A bill to extend temporarily the re- By Mr. SCHUMER: mittee on Finance. duction of duty on polyethylene HE1878; to S. 2611. A bill to suspend temporarily the By Mr. SCHUMER (for himself and the Committee on Finance. duty on lightweight digital camera lenses Mrs. GILLIBRAND): By Mr. BUNNING: measuring approximately 55 mm or more; to S. 2629. A bill to extend temporarily the S. 2644. A bill to suspend temporarily the the Committee on Finance. suspension of duty on porcelain lamp-holder duty on high pressure fuel pump; to the Com- By Mr. SCHUMER: housings containing sockets; to the Com- mittee on Finance. S. 2612. A bill to suspend temporarily the mittee on Finance. By Mr. BUNNING: duty on lightweight digital camera lenses By Mr. SCHUMER (for himself and S. 2645. A bill to suspend temporarily the measuring approximately 70 mm or more; to Mrs. GILLIBRAND): duty on electric vehicle inverter; to the the Committee on Finance. S. 2630. A bill to extend temporarily the Committee on Finance. By Mr. SCHUMER: duty on plastic lamp-holder housing con- By Mr. BUNNING: S. 2613. A bill to suspend temporarily the taining sockets; to the Committee on Fi- S. 2646. A bill to suspend temporarily the duty on certain golf umbrellas; to the Com- nance. duty on injection fuel injector; to the Com- mittee on Finance. By Mr. SCHUMER (for himself and mittee on Finance. By Mr. SCHUMER: Mrs. GILLIBRAND): By Mr. BUNNING: S. 2614. A bill to suspend temporarily the S. 2631. A bill to suspend temporarily the S. 2647. A bill to suspend temporarily the duty on certain printed golf umbrellas; to duty on certain time switches; to the Com- duty on lithium ion electrical storage bat- the Committee on Finance. mittee on Finance. tery; to the Committee on Finance.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10990 CONGRESSIONAL RECORD — SENATE November 2, 2009 By Mr. BUNNING: tion adjuvants; to the Committee on Fi- By Mr. BURR: S. 2648. A bill to suspend temporarily the nance. S. 2684. A bill to extend the temporary sus- duty on motor generator units; to the Com- By Mr. BURR: pension of duty on Fenamidone; to the Com- mittee on Finance. S. 2666. A bill to extend the suspension of mittee on Finance. By Mr. BUNNING: duty on cyprodinil; to the Committee on Fi- By Mr. BURR: S. 2649. A bill to suspend temporarily the nance. S. 2685. A bill to suspend temporarily the duty on power electronics boxes; to the Com- By Mr. BURR: duty on 2,2-Dimethylbutanoic acid 3-(2,4- mittee on Finance. S. 2667. A bill to amend the Harmonized dichlorophenyl)-2oxo-1-oxaspiro(4 .5)dec-3-en- By Mr. BUNNING: Tariff Schedule of the United States to mod- 4-yl ester; to the Committee on Finance. S. 2650. A bill to suspend temporarily the ify the tariffs of engines with cylinder capac- By Mr. BURR: duty on stator/rotor; to the Committee on ity of less than 1 liter, designed for motor ve- S. 2686. A bill to extend and modify the Finance. hicles of heading 8709; to the Committee on temporary reduction of duty on By Mr. BUNNING: Finance. cyclopropane-1,1-dicarboxylic acid, dimethyl S. 2651. A bill to extend temporarily the By Mr. BURR: ester; to the Committee on Finance. suspension of duty on compound of barium S. 2668. A bill to extend temporarily the By Mr. BURR: magnesium aluminate phosphor; to the Com- suspension of duty on erasers of vulcanized S. 2687. A bill to extend and modify the mittee on Finance. rubber other than hard rubber or cellular temporary suspension of duty on Aluminum By Mr. BUNNING: rubber; to the Committee on Finance. tris (O-ethylphosphonate); to the Committee S. 2652. A bill to extend temporarily the By Mr. BURR: on Finance. S. 2669. A bill to extend temporarily the suspension of duty on calcium chloride phos- By Mr. BURR: suspension of duty on electrically operated phate phosphor; to the Committee on Fi- S. 2688. A bill to extend the temporary sus- pencil sharpeners; to the Committee on Fi- nance. pension of duty on Triadimefon; to the Com- nance. By Mr. BUNNING: mittee on Finance. By Mr. BURR: S. 2653. A bill to extend temporarily the S. 2670. A bill to suspend temporarily the By Mr. BURR: suspension of duty on compound of stron- duty on 1-(4,6-dimethoxypyrimidin-2-yl)-3-[2- S. 2689. A bill to reduce the temporary sus- tium chloroapatite-europium; to the Com- (dimethylcarbamoyl)phenylsufamoyl] urea; pension of duty on B-Cyfluthrin; to the Com- mittee on Finance. to the Committee on Finance. mittee on Finance. By Mr. BUNNING: By Mr. BURR: By Mr. BURR: S. 2654. A bill to extend temporarily the S. 2671. A bill to suspend temporarily the S. 2690. A bill to reduce and modify the suspension of duty on lanthanum phosphate duty on [(+/¥)-2-(2 ,4-dichlorphenyl)-3-(1H- temporary suspension of duty on Iprodione; phosphor; to the Committee on Finance. 1,2,4-triazole-1-yl) propyl, 1,1,2,2- to the Committee on Finance. By Mr. BUNNING: tetrafluoroethyl ether]; to the Committee on By Mr. BURR: S. 2655. A bill to extend the temporary sus- Finance. S. 2691. A bill to reduce temporarily the pension of duty on mixtures or coprecip- By Mr. BURR: duty on AE 0172747 Ether; to the Committee itates of lanthanum phosphate, cerium- S. 2672. A bill to suspend temporarily the on Finance. doped lanthanum phosphate, cerium phos- duty on copper oxychloride and copper hy- By Mr. BURR: phate, and terbium phosphate; to the Com- droxide; to the Committee on Finance. S. 2692. A bill to suspend temporarily the mittee on Finance. By Mr. BURR: duty on certain laminated rolled filmstock; By Mr. BUNNING: S. 2673. A bill to suspend temporarily the to the Committee on Finance. S. 2656. A bill to extend temporarily the duty on certain window shade material in By Mr. BURR: suspension of duty on mixtures or coprecip- rolls; to the Committee on Finance. S. 2693. A bill to suspend temporarily the itates of yttrium oxide and europium oxide; By Mr. BURR: duty on Methyl acrylate; to the Committee to the Committee on Finance. S. 2674. A bill to extend the temporary sus- on Finance. By Mr. BUNNING: pension of duty on acrylic or modacrylic By Mr. BURR: S. 2657. A bill to extend temporarily the filament tow; to the Committee on Finance. S. 2694. A bill to suspend temporarily the suspension of duty on strontium By Mr. BURR: duty on Hexanedioic acid, polymer with N-(2- halophosphate doped with europium; to the S. 2675. A bill to extend the temporary sus- aminoethyl)-1,3-propanediamine, aziridine, Committee on Finance. pension of duty on acrylic or modoacrylic (chloromethyl)oxirane, 1,2-ethandiamine, By Mr. BUNNING: staple fibers, not carded, combed, or other- N,N-1,2-ethanediylbis(1,3-propanediamine), S. 2658. A bill to extend temporarily the wise processed for spinning; to the Com- formic acid and alpha-hydro-omega- suspension of duty on strontium magnesium mittee on Finance. hydroxypoly(oxy-1,2-ethandiyl); to the Com- phosphate-tin doped inorganic products; to By Mr. BURR: mittee on Finance. the Committee on Finance. S. 2676. A bill to suspend temporarily the By Mr. BURR: By Mr. BUNNING: duty on certain synthetic staple fibers that S. 2695. A bill to suspend temporarily the S. 2659. A bill to extend temporarily the are not carded, combed, or otherwise proc- duty on N-Vinylformamide; to the Com- suspension of duty on yttrium vanadate essed for spinning; to the Committee on Fi- mittee on Finance. phosphor; to the Committee on Finance. nance. By Mr. REED (for himself and Mr. By Mr. BUNNING: By Mr. BURR: WHITEHOUSE): S. 2660. A bill to extend temporarily the S. 2677. A bill to extend temporarily the S. 2696. A bill to extend the temporary sus- suspension of duty on yttrium oxide phos- suspension of duty on 2,2-(6-(4- pension of duty on Pigment Red 187; to the phor; to the Committee on Finance. methoxyphenol)-1,3,5-triazine-2,4-diyl)bis(5- Committee on Finance. By Mr. KERRY: ((2-ethylhexyl)oxy)phenol); to the Com- By Mr. REED (for himself and Mr. mittee on Finance. S. 2661. A bill to create a 3-year pilot pro- WHITEHOUSE): gram that makes small, nonprofit child care By Mr. BURR: S. 2697. A bill to extend the temporary sus- S. 2678. A bill to extend temporarily the businesses eligible for loans under title V of pension of duty on Acid Blue 80; to the Com- suspension of duty on 2,2-Methylenebis[6-(2H- the Small Business Investment Act of 1958; mittee on Finance. benzotriazolyl-2-yl)-4-(1,1,3,3- to the Committee on Small Business and En- By Mr. REED (for himself and Mr. tetramethylbutylphenol)phenol]; to the trepreneurship. WHITEHOUSE): Committee on Finance. By Mr. GRAHAM (for himself and Mr. S. 2698. A bill to suspend temporarily the By Mr. BURR: CHAMBLISS): S. 2679. A bill to suspend temporarily the duty on Pigment Orange 43; to the Com- S. 2662. A bill to establish Federal stand- duty on 4,4′-methylenebis(2-chloroaniline); to mittee on Finance. ards for the resolution of health care mal- the Committee on Finance. By Mr. REED (for himself and Mr. practice claims, and for other purposes; to By Mr. BURR: WHITEHOUSE): the Committee on the Judiciary. S. 2680. A bill to extend temporarily the S. 2699. A bill to suspend temporarily the By Mr. BURR: suspension of duty on Butralin; to the Com- duty on Phophinic acid, diethyl-,zinc salt; to S. 2663. A bill to suspend temporarily the mittee on Finance. the Committee on Finance. duty on DCDNBTF Benzene, 2,4-dichloro-1,3- By Mr. BURR: By Mr. REED (for himself and Mr. dinitro-5-(trifluoroethyl)-; to the Committee S. 2681. A bill to suspend temporarily the WHITEHOUSE): on Finance. duty on Methyl chloroacetate; to the Com- S. 2700. A bill to suspend temporarily the By Mr. BURR: mittee on Finance. duty on Ammonium polyphosphate; to the S. 2664. A bill to extend the duty suspen- By Mr. BURR: Committee on Finance. sion on S-[(5-Methoxy-2-oxo-1,3,4-thiadiazol- S. 2682. A bill to extend the temporary sus- By Mr. REED (for himself and Mr. 3(2H)-yl)methyl]-O,O-dimethyl pension of duty on Pyrimethanil; to the WHITEHOUSE): phosphorodithioate; to the Committee on Fi- Committee on Finance. S. 2701. A bill to extend the temporary sus- nance. By Mr. BURR: pension of duty on Phosphinic acid, diethyl-, By Mr. BURR: S. 2683. A bill to suspend temporarily the aluminum salt with synergists and encap- S. 2665. A bill to extend the suspension of duty on Pyrasulfotole; to the Committee on sulating agents; to the Committee on Fi- duty on mixtures of cyhalothrin and applica- Finance. nance.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10991 By Mr. REED (for himself and Mr. trimethylbenzoyl) phosphine oxide; to the fered through institutions of higher WHITEHOUSE): Committee on Finance. education. S. 2702. A bill to extend the temporary sus- By Mr. LAUTENBERG: S. 812 pension of duty on Phosphinic acid, diethyl-, S. 2720. A bill to extend the temporary sus- aluminum salt; to the Committee on Fi- pension of duty on 1, 1, 2-2- At the request of Mr. BAUCUS, the nance. Tetrafluoroethene, oxidized, polymerized; to name of the Senator from Ohio (Mr. By Mr. WHITEHOUSE (for himself and the Committee on Finance. BROWN) was added as a cosponsor of S. Mr. REED): By Mr. LAUTENBERG: 812, a bill to amend the Internal Rev- S. 2703. A bill to renew the temporary sus- S. 2721. A bill to extend the temporary sus- enue Code of 1986 to make permanent pension of duty on Pigment Yellow 154; to pension of duty on Ethene, tetrafluoro- the Committee on Finance. the special rule for contributions of oxidized, polymerized, reduced, methyl qualified conservation contributions. By Mr. WHITEHOUSE (for himself and esters, reduced; to the Committee on Fi- Mr. REED): nance. S. 883 S. 2704. A bill to suspend temporarily the At the request of Mr. KERRY, the f duty on Pigment Orange 74; to the Com- name of the Senator from Maine (Ms. mittee on Finance. SUBMISSION OF CONCURRENT AND By Mr. WHITEHOUSE (for himself and COLLINS) was added as a cosponsor of S. SENATE RESOLUTIONS Mr. REED): 883, a bill to require the Secretary of S. 2705. A bill to suspend temporarily the The following concurrent resolutions the Treasury to mint coins in recogni- duty on Pigment Yellow 191; to the Com- and Senate resolutions were read, and tion and celebration of the establish- mittee on Finance. referred (or acted upon), as indicated: ment of the Medal of Honor in 1861, By Mr. WHITEHOUSE (for himself and By Mr. CASEY (for himself and Mr. America’s highest award for valor in Mr. REED): action against an enemy force which S. 2706. A bill to suspend temporarily the SPECTER): duty on Pigment Yellow 180; to the Com- S. Res. 330. A resolution commending the can be bestowed upon an individual mittee on Finance. service of the 56th Stryker Brigade Combat serving in the Armed Services of the By Mr. WHITEHOUSE (for himself and Team of the Pennsylvania Army National United States, to honor the American Mr. REED): Guard; to the Committee on Armed Services. military men and women who have S. 2707. A bill to suspend temporarily the By Mr. SCHUMER (for himself and been recipients of the Medal of Honor, duty on Pigment Yellow 97; to the Com- Mrs. GILLIBRAND): and to promote awareness of what the S. Res. 331. A resolution congratulating the mittee on Finance. Medal of Honor represents and how or- By Mr. WHITEHOUSE (for himself and United States Military Academy at West dinary Americans, through courage, Mr. REED): Point on being named by Forbes magazine as S. 2708. A bill to suspend temporarily the America’s Best College for 2009; considered sacrifice, selfless service and patriot- duty on Pigment Yellow 194; to the Com- and agreed to. ism, can challenge fate and change the mittee on Finance. By Mr. KERRY (for himself, Mr. course of history. By Mr. WHITEHOUSE (for himself and LUGAR, and Mr. CARDIN): S. 1055 Mr. REED): S. Res. 332. A resolution commemorating S. 2709. A bill to suspend temporarily the the 20th anniversary of the fall of the Berlin At the request of Mrs. BOXER, the duty on Pigment Yellow 151; to the Com- Wall, the end of the division of Europe, and name of the Senator from Rhode Island mittee on Finance. the beginning of the peaceful and democratic (Mr. WHITEHOUSE) was added as a co- By Mr. LAUTENBERG: reunification of Germany; considered and sponsor of S. 1055, a bill to grant the S. 2710. A bill to extend the temporary sus- agreed to. congressional gold medal, collectively, pension of duty on certain ion-exchange res- f to the 100th Infantry Battalion and the ins; to the Committee on Finance. 442nd Regimental Combat Team, By Mr. LAUTENBERG: ADDITIONAL COSPONSORS S. 2711. A bill to extend the temporary sus- United States Army, in recognition of pension of duty on dimethyl malonate; to S. 305 their dedicated service during World the Committee on Finance. At the request of Mr. SCHUMER, the War II. By Mr. LAUTENBERG: name of the Senator from California S. 1524 S. 2712. A bill to extend the temporary sus- pension of duty on D-Mannose; to the Com- (Mrs. FEINSTEIN) was added as a co- At the request of Mr. KERRY, the mittee on Finance. sponsor of S. 305, a bill to amend title names of the Senator from Connecticut By Mr. LAUTENBERG: IV of the Public Health Service Act to (Mr. DODD) and the Senator from Illi- S. 2713. A bill to provide for the liquidation create a National Childhood Brain nois (Mr. DURBIN) were added as co- or reliquidation of certain entries of granu- Tumor Prevention Network to provide sponsors of S. 1524, a bill to strengthen lated polytetrafluoroethylene resin from grants and coordinate research with re- the capacity, transparency, and ac- Italy; to the Committee on Finance. spect to the causes of and risk factors countability of United States foreign By Mr. LAUTENBERG: S. 2714. A bill to suspend temporarily the associated with childhood brain tu- assistance programs to effectively duty on Propanoic acid, 3-hydroxy-2- mors, and for other purposes. adapt and respond to new challenges of (hydroxymethyl)-2-methyl, polymers with 5- S. 461 the 21st century, and for other pur- iso-cyanato-1-(isocyanatomethyl)-1,3,3- At the request of Mr. CRAPO, the poses. trimethylcyclohexane and reduced methyl name of the Senator from Indiana (Mr. S. 1660 esters of reduced polymerized, oxidized tetrafluoroethylene, compounds with LUGAR) was added as a cosponsor of S. At the request of Ms. KLOBUCHAR, the trimethylamine; to the Committee on Fi- 461, a bill to amend the Internal Rev- name of the Senator from Kansas (Mr. nance. enue Code of 1986 to extend and modify BROWNBACK) was added as a cosponsor By Mr. LAUTENBERG: the railroad track maintenance credit. of S. 1660, a bill to amend the Toxic S. 2715. A bill to suspend temporarily the S. 545 Substances Control Act to reduce the duty on neopor expandable polystyrene; to At the request of Mr. KERRY, the emissions of formaldehyde from com- the Committee on Finance. posite wood products, and for other By Mr. LAUTENBERG: name of the Senator from New Jersey S. 2716. A bill to suspend temporarily the (Mr. MENENDEZ) was added as a cospon- purposes. duty on preparations based on sor of S. 545, a bill to develop capacity S. 1745 polyethylenimine; to the Committee on Fi- and infrastructure for mentoring pro- At the request of Mrs. MCCASKILL, nance. grams. the name of the Senator from Virginia By Mr. LAUTENBERG: (Mr. WEBB) was added as a cosponsor of S. 2717. A bill to extend the temporary re- S. 749 duction of duty on palm fatty acid distillate; At the request of Mr. COCHRAN, the S. 1745, a bill to expand whistleblower to the Committee on Finance. name of the Senator from North Da- protections to non-Federal employees By Mr. LAUTENBERG: kota (Mr. CONRAD) was added as a co- whose disclosures involve misuse of S. 2718. A bill to extend the temporary sus- sponsor of S. 749, a bill to improve and Federal funds. pension of duty on certain ion-echange resins expand geographic literacy among kin- S. 1778 (cationic H form); to the Committee on Fi- dergarten through grade 12 students in At the request of Mrs. SHAHEEN, the nance. By Mr. LAUTENBERG: the United States by improving profes- name of the Senator from Alaska (Mr. S. 2719. A bill to extend the temporary sus- sional development programs for kin- BEGICH) was added as a cosponsor of S. pension of duty on diphenyl (2,4,6- dergarten through grade 12 teachers of- 1778, a bill to amend the Federal Food,

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10992 CONGRESSIONAL RECORD — SENATE November 2, 2009 Drug, and Cosmetic Act with respect to Michigan (Ms. STABENOW), the Senator This industry is not one with high- generic drugs, and for other purposes. from Colorado (Mr. UDALL), the Sen- earnings overall, so access to capital is S. 1781 ator from Kentucky (Mr. BUNNING), the particularly difficult. Balancing the At the request of Mrs. SHAHEEN, the Senator from Colorado (Mr. BENNET), needs of maintaining a qualified staff name of the Senator from California the Senator from Vermont (Mr. while providing care that families can (Mrs. FEINSTEIN) was added as a co- LEAHY), the Senator from New Jersey afford is difficult at best. Calling for sponsor of S. 1781, a bill to provide for (Mr. LAUTENBERG), the Senator from reductions in operating costs can re- a demonstration program to reduce fre- Arkansas (Mrs. LINCOLN), the Senator sult in decreased safety and quality in quent use of health services by Med- from Minnesota (Ms. KLOBUCHAR), the the children’s environment that should icaid beneficiaries with chronic ill- Senator from New Jersey (Mr. MENEN- be structured to foster their learning nesses by providing coordinated care DEZ), the Senator from North Dakota and development. The cost of child management and community support (Mr. CONRAD), the Senator from Min- care—ranging anywhere from around nesota (Mr. FRANKEN), the Senator services. $4,000 to over $15,000 a year—is highly from West Virginia (Mr. BYRD), the prohibitive for many families and lim- S. 1789 Senator from Massachusetts (Mr. ited options only exacerbate this prob- At the request of Mr. DURBIN, the KERRY) and the Senator from Cali- lem. name of the Senator from Vermont fornia (Mrs. BOXER) were added as co- Not only is child care extremely ex- (Mr. SANDERS) was added as a cospon- sponsors of amendment No. 2712 pro- pensive, but there are simply not sor of S. 1789, a bill to restore fairness posed to H.R. 3548, a bill to amend the enough spaces. Nearly 14.5 million chil- to Federal cocaine sentencing. Supplemental Appropriations Act, 2008 dren under the ages 6 years old have S. 1790 to provide for the temporary avail- working parents and need child care. At the request of Mr. DORGAN, the ability of certain additional emergency But there are only an estimated 10.8 name of the Senator from Idaho (Mr. unemployment compensation, and for million legally-operating spaces for CRAPO) was added as a cosponsor of S. other purposes. both young and school-aged children. 1790, a bill to amend the Indian Health f Non-profit child care centers are a re- Care Improvement Act to revise and STATEMENTS ON INTRODUCED source for America’s working families extend that Act, and for other pur- BILLS AND JOINT RESOLUTIONS and deserve the same opportunities for- poses. profit centers have with access to S. 1822 By Mr. KERRY: SBA’s 504 loans. This is one clear step S. 2661. A bill to create a 3-year pilot At the request of Mr. MERKLEY, the forward that we can take to help solve program that makes small, nonprofit name of the Senator from Colorado this problem and invest in our chil- child care businesses eligible for loans (Mr. UDALL) was added as a cosponsor dren. I urge my colleagues to support under title V of the Small Business In- of S. 1822, a bill to amend the Emer- this bill. vestment Act of 1958; to the Committee gency Economic Stabilization Act of on Small Business and Entrepreneur- f 2008, with respect to considerations of ship. SUBMITTED RESOLUTIONS the Secretary of the Treasury in pro- Mr. KERRY. Mr. President, as we ex- viding assistance under that Act, and plore ways to help the working families for other purposes. in America, we should not forget the SENATE RESOLUTION 330—COM- S. 1834 many working parents who face dif- MENDING THE SERVICE OF THE At the request of Mr. AKAKA, the ficulty finding quality, affordable child 56TH STRYKER BRIGADE COMBAT names of the Senator from Louisiana care. Approximately 6 out of 10 chil- TEAM OF THE PENNSYLVANIA (Mr. VITTER) and the Senator from dren are cared for by someone other ARMY NATIONAL GUARD Vermont (Mr. SANDERS) were added as than their parents on a regular basis. Mr. CASEY (for himself and Mr. cosponsors of S. 1834, a bill to amend And far too many children are left SPECTER) submitted the following reso- the Animal Welfare Act to ensure that home alone before they are ready. lution; which was referred to the Com- all dogs and cats used by research fa- Across America, more households than mittee on Armed Services: cilities are obtained legally. ever are struggling to make ends meet, S. RES. 330 S. 1927 while providing safe, nurturing envi- Whereas the members of the Army Na- At the request of Mr. DODD, the name ronments for their children to grow up tional Guard and Air National Guard of the of the Senator from Missouri (Mrs. in. For many, child care is not a State of Pennsylvania reside throughout the MCCASKILL) was added as a cosponsor choice, but a necessity. We owe it to State and come from a number of different of S. 1927, a bill to establish a morato- America’s families to increase the backgrounds, professions, and communities; availability of quality child care. Whereas members and units of the Penn- rium on credit card interest rate in- sylvania National Guard have been deployed creases, and for other purposes. I believe one way to support this goal is to expand financing options for non- in support of United States military oper- AMENDMENT NO. 2652 profit child care centers. That is why I ations at home and in Iraq, Afghanistan, and dozens of other countries; At the request of Mr. FEINGOLD, the am reintroducing the Child Care Lend- name of the Senator from South Da- Whereas one such unit, the 56th Stryker ing Pilot Act, which establishes a Brigade Combat Team of the Pennsylvania kota (Mr. JOHNSON) was added as a co- three-year pilot program enabling sponsor of amendment No. 2652 in- Army National Guard, is composed of ap- small, non-profit child care businesses proximately 4,000 citizen-soldiers from tended to be proposed to H.R. 2847, a to be eligible for the SBA’s 504 loans. throughout the State of Pennsylvania; bill making appropriations for the De- Under current law, for-profit child care Whereas the 56th Stryker Brigade Combat partments of Commerce and Justice, small businesses have access to these Team is the only National Guard Stryker and Science, and Related Agencies for loans to finance facility expansions and Brigade serving in the United States Army; the fiscal year ending September 30, building repairs but non-profit centers Whereas the 56th Stryker Brigade Combat 2010, and for other purposes. Team, following mobilization and deploy- are shut out. Since the majority of ment to Kosovo in 2003, was placed on Fed- AMENDMENT NO. 2712 child care centers in many states are eral active duty for a second overseas mobi- At the request of Mr. BAUCUS, the non-profit, this exclusion blocks need- lization on September 19, 2008, and deployed names of the Senator from Ohio (Mr. ed resources from the facilities serving to Iraq on January 15, 2009; BROWN), the Senator from Pennsyl- the majority of our families. The Child Whereas during the deployment of the 56th vania (Mr. CASEY), the Senator from Il- Care Lending Pilot Act addresses this Stryker Brigade Combat Team in Taji, Iraq, linois (Mr. BURRIS), the Senator from problem and allows the centers to bet- the brigade was primarily engaged in convoy Massachusetts (Mr. KIRK), the Senator ter serve the children they care for. security, force protection, provincial recon- struction, and base operations missions; from New York (Mr. SCHUMER), the With low, predictable monthly pay- Whereas the members of the 56th Stryker Senator from Washington (Mrs. MUR- ments, these non-profit centers can im- Brigade Combat Team performed more than RAY), the Senator from Alaska (Mr. prove their buildings and materials 800 combined operations, captured 7 brigade- BEGICH), the Senator from New York without breaking the bank or raising level high-value targets, and discovered (Mrs. GILLIBRAND), the Senator from fees. more than 80 enemy weapon caches; and

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10993 Whereas in September 2009, upon comple- I want the National Guard to know leader of character committed to the values tion of 1 year of service in support of mili- that I will always be committed to of Duty, Honor, Country and prepared for a tary operations in Iraq, the 56th Stryker Bri- helping them during this phase. I know career of professional excellence and service gade Combat Team returned to the United that there are other Guard members to the Nation as an officer in the United States and demobilized: Now, therefore, be it States Army’’; and Resolved, That the Senate— who bear scars from battle, some visi- (3) respectfully requests the Secretary of (1) expresses its gratitude to the members ble and some not. The U.S. Senate the Senate to transmit a copy of this resolu- of the Army National Guard and Air Na- must ensure that our citizen soldiers’ tion to the Superintendent of West Point. tional Guard of the State of Pennsylvania jobs are maintained while they are de- f and their families for their service and sac- ployed and we must provide opportuni- rifice on behalf of the United States; ties for them to find employment upon SENATE RESOLUTION 332—COM- (2) commends the members of the 56th their return. For this reason, I will MEMORATING THE 20TH ANNI- Stryker Brigade Combat Team of the Penn- continue to urge my colleagues to take VERSARY OF THE FALL OF THE sylvania Army National Guard on the com- up and adopt the Service Members Ac- BERLIN WALL, THE END OF THE pletion of their deployment to Iraq; DIVISION OF EUROPE, AND THE (3) recognizes the achievements of the cess to Justice Act and the FORCE Act, which will make National Guard BEGINNING OF THE PEACEFUL members of the 56th Stryker Brigade Combat AND DEMOCRATIC REUNIFICA- Team, as well as all other formerly and pres- assistance programs more effective and TION OF GERMANY ently deployed Pennsylvania Army National responsive, and ensure that National Guard and Air National Guard units and Guard troops keep their jobs and em- Mr. KERRY (for himself, Mr. LUGAR, members, for their exemplary service; and ployment benefits as required under and Mr. CARDIN) submitted the fol- (4) offers its condolences to the family and law. lowing resolution; which was consid- friends of Specialist Chad Edmundson of Wil- ered and agreed to: liamsburg, Pennsylvania, and Staff Sergeant Again, I want to express my appre- S. RES. 332 Mark Baum of Quakertown, Pennsylvania, ciation to the 56th Stryker Brigade and who died in service to their country. all of our men and women in service. Whereas, between 1945 and 1961, more than f 2,500,000 people, or 15 percent of the total Mr. CASEY. Mr. President, I would population of the German Democratic Re- like to recognize the contributions of SENATE RESOLUTION 331—CON- public (referred to in this preamble as ‘‘East the 56th Stryker Brigade, which re- GRATULATING THE UNITED Germany’’), left the country to pursue eco- cently returned to homes and families STATES MILITARY ACADEMY AT nomic opportunity and enjoy the benefits of across Pennsylvania. For nine months, WEST POINT ON BEING NAMED liberty and political freedom in the Federal the 56th Stryker Brigade has been de- BY FORBES MAGAZINE AS AMER- Republic of Germany (referred to in this pre- amble as ‘‘West Germany’’) and other coun- ployed to Camp Taji, Iraq. Here, these ICA’S BEST COLLEGE FOR 2009 civilian soldiers, known as the Inde- tries; Whereas, at midnight on August 13, 1961, pendence Brigade, worked side by side Mr. SCHUMER (for himself and Mrs. GILLIBRAND) submitted the following East Germany sealed its border with West with their Iraqi counterparts to con- Berlin and began construction of a 100-mile tinue to bring stability and security to resolution; which was considered and agreed to: barrier that would later include bunkers, the Iraqi people. watchtowers, searchlights, minefields, On the front lines, they patrolled S. RES. 331 barbed wire, concrete walls, and armed neighborhoods in unrelenting condi- Whereas Forbes magazine has named the guards, to prevent the emigration of the peo- tions, targeted insurgents, and swept United States Military Academy at West ple of East Germany to seek freedom and op- for improvised explosion devices, IEDs. Point as America’s Best College for 2009; portunity elsewhere; They performed more than 800 com- Whereas the United States has had a mili- Whereas, during the 28 years the Berlin tary presence at West Point since the Revo- Wall existed, approximately 5,000 people suc- bined operations, captured seven bri- lutionary War because of its strategic posi- cessfully fled East Germany for West Ger- gade-level high valued targets, and dis- tion overlooking the Hudson River; many and West Berlin, more than 75,000 peo- covered more than 80 enemy weapon Whereas General George Washington se- ple were imprisoned for attempting to leave caches. Any success we have had in lected Thaddeus Kosciuszko to design West East Germany, and an estimated 1,200 people Iraq is not only the result of military Point’s fortifications in 1778; were killed trying to escape; achievements. In this regard, it is Whereas West Point is the oldest continu- Whereas Presidents John F. Kennedy and equally important to recognize the $22 ously occupied military post in the United Ronald Reagan declared their vision of Ber- million in reconstruction efforts that States; lin as a free city, in the heart of a free Ger- Whereas President Thomas Jefferson es- many; the 56th Stryker Brigade assisted with tablished the United States Military Acad- Whereas Chancellor Willi Brandt of West in coordination with an embedded U.S. emy at West Point in 1802; Germany and others demonstrated great provincial reconstruction team. Whereas West Point has educated many of foresight in their pursuit of ‘‘Ostpolitik’’, a While these young men and women the United States Army’s commissioned offi- policy of engagement that lowered tensions are now home, we must also remember cers; and ultimately helped undermine the author- those who fell in battle. Two members Whereas West Point instructs 4,400 cadets itarian rule of the wall-builders; of the 56th gave ‘‘the last full measure per year in academics, military tactics, Whereas more than 22,000,000 Americans of devotion.’’ Specialist Chad physical fitness, and leadership; served in the Cold War, supporting the ef- Edmundson of Williamsburg was killed Whereas approximately 1,000 cadets grad- forts to bring military, economic, and diplo- matic pressure to bear in the defense of Ger- by an IED and Staff Sergeant Mark uate each year and are commissioned in the United States Armed Services; many and the West, and ultimately helping Baum of Quakertown was killed by Whereas 2 Presidents of the United States, more than 400,000,000 people gain their free- enemy small arms fire. To these sol- 74 Congressional Medal of Honor recipients, dom from the bondage of communism in the diers’ families and friends, I want to 88 Rhodes Scholars, 33 Marshall Scholars, Soviet Bloc; express condolence and gratitude on and 28 Truman Scholars have graduated from Whereas the Solidarity Movement in Po- behalf of the people of Pennsylvania West Point; land demonstrated that the will of a people for their sacrifice. Please know that Whereas in addition to academics and mili- united could not be silenced by winning a our prayers are with you, and that we tary training, West Point offers extra- surprise landslide victory in elections to the Contract Sejm in June 1989; will never take for granted their per- curricular activities that include the Eisen- hower Hall Theatre and 115 athletic and non- Whereas, on August 23, 1989, Hungary offi- sonal courage and sacrifice. We pray sport clubs; and cially opened the border between Hungary for Chad and Mark and ourselves that Whereas West Point offers a well-rounded, and Austria, resulting in 13,000 refugees from we may be worthy of their valor. highly regarded education to the next gen- East Germany fleeing into West Germany While deployed, many things may eration of the Nation’s leaders: Now, there- through Hungary; have changed for these members of the fore, be it Whereas, on September 4, 1989, after pray- Pennsylvania National Guard. For ex- Resolved, That the Senate— ers for peace in the Nikolai Church, crowds ample, some service members met (1) congratulates the United States Mili- that would eventually number in the hun- their sons and daughters for the first tary Academy at West Point on being named dreds of thousands gathered in Leipzig, East by Forbes magazine as America’s Best Col- Germany, to repeatedly and peacefully pro- time. Nevertheless for all, a time of re- lege for 2009; test the authoritarian regime of East Ger- adjustment and reintegration back (2) supports West Point’s mission ‘‘to edu- many and to demand basic freedoms; into their communities and daily lives cate, train, and inspire the Corps of Cadets Whereas, in September 1989, thousands of lies ahead. so that each graduate is a commissioned people in East Germany took refuge in the

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10994 CONGRESSIONAL RECORD — SENATE November 2, 2009 embassy of West Germany in Prague, bill H.R. 3548, to amend the Supplemental Secretary of the Treasury to sell or dispose Czechoslovakia, in order to emigrate to West Appropriations Act, 2008 to provide for the of, or enter into contracts, commitments, or Germany and the West; temporary availability of certain additional arrangements to sell or dispose of, any asset Whereas, on October 18, 1989, faced with emergency unemployment compensation, to be transferred to TARP Trust under this widespread civil unrest and a deteriorating and for other purposes; which was ordered to subsection during the period beginning on political situation, East German leader lie on the table. the date of enactment of this Act and ending Erich Honecker, who had predicted that the SA 2722. Mr. JOHANNS submitted an on the date on which all assets are trans- Wall ‘‘will stand in fifty or a hundred years,’’ amendment intended to be proposed by him ferred to a TARP Trust. resigned; to the bill H.R. 3548, supra; which was or- (4) APPOINTMENT OF TRUSTEES.— Whereas, on November 4, 1989, more than dered to lie on the table. (A) IN GENERAL.—The President shall ap- 1,000,000 people gathered in Alexanderplatz in SA 2723. Mr. ENZI (for himself and Mrs. point 3 trustees, managers, or directors (in East Berlin and 40 other cities and towns in HUTCHISON) submitted an amendment in- this section referred to as ‘‘trustees’’), to East Germany to demand free elections and tended to be proposed by him to the bill H.R. manage the equity held in a TARP Trust. basic civil rights, such as freedoms of opin- 3548, supra; which was ordered to lie on the (B) CRITERIA.—A trustee appointed under ion, movement, press, and assembly; table. this subsection— Whereas, on November 9, 1989, East Ger- SA 2724. Mr. SCHUMER (for himself and (i) may not be an elected or appointed Gov- man politbureau member Gu¨ nter Schabowki Mr. MENENDEZ) submitted an amendment in- ernment official; announced that the government would allow tended to be proposed by him to the bill H.R. (ii) may not be an employee, director, or ‘‘every citizen of the German Democratic Re- 3548, supra; which was ordered to lie on the officer of any designated TARP recipient or public to leave the GDR through any of the table. have any financial interest in any designated border crossings,’’ and East German leader f TARP recipient that is material, in accord- Egon Krenz promised ‘‘free, general, demo- TEXT OF AMENDMENTS ance with the regulations or guidelines of cratic and secret elections’’; the Secretary issued under this section; Whereas thousands of people in East Berlin SA 2721. Mr. CORKER submitted an (iii) may be removed by the Secretary for immediately flooded the border checkpoints amendment intended to be proposed by cause; and at the Berlin Wall and demanded entry into him to the bill H.R. 3548, to amend the (iv) shall be paid at a rate equal to the rate West Berlin, causing the overwhelmed border Supplemental Appropriations Act, 2008 payable for positions at level III of the Exec- guards of East Germany to open the check- utive Schedule under section 5311 of title 5, points to allow people to cross into West to provide for the temporary avail- ability of certain additional emergency United States Code. Berlin; (C) INDEMNIFICATION.—The TARP Trust Whereas, in the days following the fall of unemployment compensation, and for shall indemnify the trustees, and the trust- the Berlin Wall, hundreds of thousands of other purposes; which was ordered to ees shall be held harmless, with respect to people from East Germany freely crossed the lie on the table; as follows: any claim made by a third party arising out border into West Berlin and West Germany At the appropriate place, insert the fol- of the actions of the trustees, to the extent for the first time in more than 28 years; lowing: that such actions were taken in the normal Whereas the Chancellor of West Germany SEC. ll. TARP MANAGEMENT IMPROVEMENTS. course of the duties of the trustees, and were Helmut Kohl and Foreign Minister Hans (a) SHORT TITLE.—This section may be taken in good faith in the fulfillment of the Dietrich Genscher managed the political sit- cited as the ‘‘TARP Recipient Ownership fiduciary duty of the trustees. uation and foreign diplomacy with great tact Trust Act of 2009’’. (5) DUTIES OF TRUST.—Consistent with the and in close cooperation with Western allies, (b) AUTHORITY OF THE SECRETARY OF THE goal of protecting the interests and invest- leading to the peaceful reunification of Ger- TREASURY TO DELEGATE TARP ASSET MAN- ment of the United States taxpayer, with the many as a sovereign, democratic state on Oc- AGEMENT.—Section 106(b) of the Emergency purpose of maintaining economic stability tober 3, 1990; Economic Stabilization Act of 2008 (12 U.S.C. and maximizing the return on investment to Whereas, on November 9, 2009, the people of 5216(b)) is amended by inserting before the the taxpayer in a reasonable period of time, Germany will celebrate on both sides of the period at the end the following: ‘‘, and the the trustees of the TARP Trust shall— Brandenburg Gate the 20th anniversary of Secretary may delegate such management (A) exercise the voting rights of any shares the fall of the Berlin Wall with the ‘‘Festival authority to a private entity established held by the TARP Trust, in accordance with of Freedom’’; under section 101(c)(4), except as to the su- the voting principles; Whereas the fall of the Berlin Wall was one pervision of the Secretary, as the Secretary (B) not participate in the day-to-day man- of the milestones of the 20th century, determines appropriate, with respect to the agement of any designated TARP recipient; brought about by the actions of many ordi- assets of any designated TARP recipient, as (C) develop and implement a plan of dis- nary and some extraordinary people; and required under subsection (c) of the TARP position; Whereas the fall of the Berlin Wall em- Recipient Ownership Trust Act of 2009’’. (D) develop an annual operating budget for bodied the end of the division of Europe, the (c) CONFORMING AMENDMENT.—Section its operations, which shall be subject to the opening of the Iron Curtain, and the triumph 101(c)(4) of the Emergency Economic Sta- approval of the Secretary, and conduct the of democracy over communism: Now, there- bilization Act of 2008 (12 U.S.C. 5211(c)(4)) is operations of the TARP Trust in accordance fore, be it amended by inserting before the period at with that budget; Resolved, That the Senate— the end the following: ‘‘, provided that a (E) provide for an accounting of the books (1) recognizes the 20th anniversary of the TARP Trust established and operated in ac- and records of the TARP Trust that is au- fall of the Berlin Wall; cordance with subsection (d) of the TARP dited on an annual basis, as well as monthly (2) celebrates 20 years of an undivided Eu- Recipient Ownership Trust Act of 2009 shall unaudited accounting and reporting, and rope, free from the oppression of satisfy the requirements of this section.’’. such other reports as the Secretary shall re- authoritarianism, with the people of the (d) CREATION OF MANAGEMENT AUTHORITY quire; former communist countries and Western FOR DESIGNATED TARP RECIPIENTS.— (F) hire such employees, advisors, and Europe; (1) TRANSFERS TO TARP TRUST.—Notwith- agents as may be required, define their du- (3) honors the service and sacrifice of the standing any provision of the Emergency ties, and determine their compensation, people of Germany, the United States, and Economic Stabilization Act of 2008, or any without regard to the provisions of title 5, other countries who served in the Cold War other provision of law, the Secretary shall United States Code, or other laws related to to bring freedom to Central and Eastern Eu- transfer all voting, nonvoting, and common the appointment, compensation, or termi- rope; equity in any designated TARP recipient to nation of Federal employees; (4) expresses its appreciation to the people a limited liability company established by (G) enter into such contracts as may be re- of Germany for their commitment to pre- the Secretary for such purpose, to be held quired, including contracts for services au- serving the dignity and freedom of others in and managed on behalf of United States tax- thorized by section 3109 of title 5, United their leadership on international assistance, payers and to be known as a ‘‘TARP Trust’’. States Code, without regard to any other peacekeeping, and security efforts, including (2) TRANSFER TIMING.—Transfers under provision of law regarding public contracts; in Afghanistan, Bosnia and Herzegovina, paragraph (1) shall occur not later than 120 (H) comply with standards and practices of Georgia, Kosovo, Lebanon, Sudan, and off days after— the Secretary with respect to custody of as- the coast of the Horn of Africa; and (A) the date of enactment of this Act, with sets, cash management services, and related (5) reaffirms the friendship between the respect to any entity that is a designated activities including depositing the net cash Government and people of the United States TARP recipient on that date of enactment; proceeds of any disposition of assets in an and the Government and people of Germany. and account established by the Secretary pursu- f (B) the date on which an entity becomes a ant to the Emergency Economic Stabiliza- AMENDMENTS SUBMITTED AND designated TARP recipient, with respect to tion Act of 2008; and any entity that becomes a designated TARP (I) comply with the requirements of the PROPOSED recipient after that date of enactment. Federal Credit Reform Act of 1990 (2 U.S.C. SA 2721. Mr. CORKER submitted an amend- (3) LIMITATION.—Nothing in this Act may 661 et seq.) and the Emergency Economic ment intended to be proposed by him to the be construed to limit the authority of the Stabilization Act of 2008 (12 U.S.C. 5221 et

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S10995 seq.) with respect to budgeting, accounting, ate that, pursuant to this paragraph, the the President is presented with the joint res- and financial reporting. Senate shall convene not later than the sec- olution and ending on the date the President (6) LIQUIDATION.— ond calendar day after receipt of such mes- takes action with respect to the joint resolu- (A) IN GENERAL.—The trustees shall liq- sage. tion shall be disregarded in computing the uidate a TARP Trust, including the assets (ii) PLACEMENT ON CALENDAR.—Upon intro- 15-calendar day period described in subpara- held by such trust, not later than December duction in the Senate, the joint resolution graph (A)(i). 24, 2011, unless— shall be placed immediately on the calendar. (II) VETOES.—If the President vetoes the (i) the trustees submit a report to the Con- (iii) FLOOR CONSIDERATION.— joint resolution— gress that liquidation would not maintain fi- (I) IN GENERAL.—Notwithstanding Rule (aa) the period beginning on the date the nancial stability or maximize the return on XXII of the Standing Rules of the Senate, it President vetoes the joint resolution and investment to the taxpayer; and is in order at any time during the period be- ending on the date the Congress receives the (ii) not later than 15 calendar days after ginning on the 4th day after the date on veto message with respect to the joint reso- the date on which the Congress receives such which Congress receives a report of the plan lution shall be disregarded in computing the report, there is not enacted into law a joint of the Secretary described in subparagraph 15-calendar day period described in subpara- resolution disapproving the extension, as de- (A)(i) and ending on the 6th day after the graph (A)(i); and scribed in subparagraph (B). date on which Congress receives a report of (bb) debate on a veto message in the Sen- (B) CONTENTS OF JOINT RESOLUTION.—For the plan of the Secretary described in sub- ate under this paragraph shall be 1 hour purposes of this paragraph, the term ‘‘joint paragraph (A)(i) (even though a previous mo- equally divided between the majority and resolution’’ means only a joint resolution— tion to the same effect has been disagreed to) minority leaders or their designees. (i) that is introduced not later than 3 cal- to move to proceed to the consideration of (v) RULES OF HOUSE OF REPRESENTATIVES endar days after the date on which the report the joint resolution, and all points of order AND SENATE.—This subparagraph, and sub- referred to in subparagraph (A)(i) is received against the joint resolution (and against paragraphs (B), (C), and (D) are enacted by by the Congress; consideration of the joint resolution) are Congress— (ii) which does not have a preamble; waived. The motion to proceed is not debat- (I) as an exercise of the rulemaking power (iii) the title of which is as follows: ‘‘Joint able. The motion is not subject to a motion of the Senate and House of Representatives, resolution relating to the disapproval of the to postpone. A motion to reconsider the vote respectively, and as such it is deemed a part extension of a TARP Trust’’; and by which the motion is agreed to or dis- of the rules of each House, respectively, but (iv) the matter after the resolving clause of agreed to shall not be in order. If a motion applicable only with respect to the procedure which is as follows: ‘‘That Congress dis- to proceed to the consideration of the resolu- to be followed in that House in the case of a approves the extension of a TARP Trust es- tion is agreed to, the joint resolution shall joint resolution, and it supersedes other tablished under the TARP Recipient Owner- remain the unfinished business until dis- rules only to the extent that it is incon- ship Trust Act of 2009.’’. posed of. sistent with such rules; and (C) FAST TRACK CONSIDERATION IN HOUSE OF (II) DEBATE.—Debate on the joint resolu- (II) with full recognition of the constitu- REPRESENTATIVES.— tion, and on all debatable motions and ap- tional right of either House to change the (i) RECONVENING.—Upon receipt of a report peals in connection therewith, shall be lim- rules (so far as relating to the procedure of under subparagraph (A)(i), the Speaker, if ited to not more than 10 hours, which shall that House) at any time, in the same man- the House would otherwise be adjourned, be divided equally between the majority and ner, and to the same extent as in the case of shall notify the Members of the House that, minority leaders or their designees. A mo- any other rule of that House. pursuant to this paragraph, the House shall tion further to limit debate is in order and (7) REPORTING.—The trustees of any TARP convene not later than the second calendar not debatable. An amendment to, or a mo- Trust shall provide reports to the Secretary, day after the date of receipt of such report. tion to postpone, or a motion to proceed to with respect to the assets of any such trust (ii) REPORTING AND DISCHARGE.—Any com- the consideration of other business, or a mo- and their operations, as the Secretary may mittee of the House of Representatives to tion to recommit the joint resolution is not request, and shall provide reports to Con- which a joint resolution is referred shall re- in order. gress that are similar to the reports that the port it to the House not later than 5 calendar (III) VOTE ON PASSAGE.—The vote on pas- Secretary would be required to provide under days after the date of receipt of the report sage shall occur immediately following the the Emergency Economic Stabilization Act described in subparagraph (A)(i). If a com- conclusion of the debate on a joint resolu- of 2008. mittee fails to report the joint resolution tion, and a single quorum call at the conclu- (8) OVERSIGHT AND AUDIT.—A TARP Trust within that period, the committee shall be sion of the debate if requested in accordance established in accordance with this section discharged from further consideration of the with the rules of the Senate. shall be subject to audit and oversight, to joint resolution and the joint resolution (IV) RULINGS OF THE CHAIR ON PROCEDURE.— the same extent and in the same manner as shall be referred to the appropriate calendar. Appeals from the decisions of the Chair re- provided under sections 104, 116, 121, and 125 (iii) PROCEEDING TO CONSIDERATION.—After lating to the application of the rules of the of the Emergency Economic Stabilization each committee authorized to consider a Senate, as the case may be, to the procedure Act of 2008, with respect to the TARP gen- joint resolution reports it to the House or relating to a joint resolution shall be decided erally. has been discharged from its consideration, without debate. (9) CONFLICTS.—The Secretary shall issue it shall be in order, not later than the sixth (E) RULES RELATING TO SENATE AND HOUSE regulations or guidelines necessary to ad- day after Congress receives the report de- OF REPRESENTATIVES.— dress and manage or to prohibit conflicts of scribed in subparagraph (A)(i), to move to (i) COORDINATION WITH ACTION BY OTHER interest that may arise in connection with proceed to consider the joint resolution in HOUSE.—If, before the passage by one House the administration and execution of the au- the House. All points of order against the of a joint resolution of that House, that thorities provided under this section and the motion are waived. Such a motion shall not House receives from the other House a joint operations of any TARP Trust, as soon as be in order after the House has disposed of a resolution, then the following procedures practicable after the date of enactment of motion to proceed on the joint resolution. shall apply: this Act. The previous question shall be considered as (I) The joint resolution of the other House (10) FUNDING.—The operating expenses of ordered on the motion to its adoption with- shall not be referred to a committee. each TARP Trust shall be administrative ex- out intervening motion. The motion shall (II) With respect to a joint resolution of penses payable under section 118 of the not be debatable. A motion to reconsider the the House receiving the resolution— Emergency Economic Stabilization Act of vote by which the motion is disposed of shall (aa) the procedure in that House shall be 2008, until such time as the TARP Trust gen- not be in order. the same as if no joint resolution had been erates sufficient income to support the ex- (iv) CONSIDERATION.—The joint resolution received from the other House; but penses, as approved by the Secretary as part shall be considered as read. All points of (bb) the vote on passage shall be on the of the annual operating budget of the TARP order against the joint resolution and joint resolution of the other House. Trust. against its consideration are waived. The (ii) TREATMENT OF JOINT RESOLUTION OF (e) DEFINITIONS.—As used in this section— previous question shall be considered as or- OTHER HOUSE.—If one House fails to intro- (1) the term ‘‘designated TARP recipient’’ dered on the joint resolution to its passage duce or consider a joint resolution under this means any entity that has received, or re- without intervening motion except two paragraph, the joint resolution of the other ceives, financial assistance under the Trou- hours of debate equally divided and con- House shall be entitled to expedited floor bled Asset Relief Program or any other pro- trolled by the proponent and an opponent. A procedures under this paragraph. vision of the Emergency Economic Stabiliza- motion to reconsider the vote on passage of (iii) TREATMENT OF COMPANION MEASURES.— tion Act of 2008 (Public Law 110–343), such the joint resolution shall not be in order. If, following passage of the joint resolution that the Department of the Treasury holds (D) FAST TRACK CONSIDERATION IN SENATE.— in the Senate, the Senate then receives the or controls, as of the date of enactment of (i) RECONVENING.—Upon receipt of a report companion measure from the House of Rep- this Act, or will hold or control at a future under subparagraph (A)(i), if the Senate has resentatives, the companion measure shall date, not less than a 10 percent ownership adjourned or recessed for more than 2 days, not be debatable. stake in the outstanding equity that ordi- the majority leader of the Senate, after con- (iv) CONSIDERATION AFTER PASSAGE.— narily votes in the election of directors (ex- sultation with the minority leader of the (I) IN GENERAL.—If Congress passes a joint cept that warrants to acquire voting equity Senate, shall notify the Members of the Sen- resolution, the period beginning on the date shall not be included in such determination,

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10996 CONGRESSIONAL RECORD — SENATE November 2, 2009 unless and until exercised) in the company the time that the amount established in an employment commencing before the date of as a result of such assistance, other than any individual’s account under subsection (b)(1) the enactment of this Act. investment fund created under the Public is exhausted’’; SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOY- Private Investment Partnership Program (B) in subparagraph (A), by striking ‘‘50 MENT COMPENSATION. under TARP or any other special purpose ve- percent’’ and inserting ‘‘54 percent’’; and (a) IN GENERAL.—Section 4002 of the Sup- hicle that was created in connection with (C) in subparagraph (B), by striking ‘‘13’’ plemental Appropriations Act, 2008 (Public purchasing or insuring troubled assets, ex- and inserting ‘‘14’’; Law 110–252; 26 U.S.C. 3304 note), as amended cept that stock held in a trust of which the (2) by striking paragraph (2); and by section 3(a), is amended by adding at the trustees were appointed by the Federal Re- (3) by redesignating paragraph (3) as para- end the following new subsection: serve Bank of New York shall not be deemed graph (2). ‘‘(e) FOURTH-TIER EMERGENCY UNEMPLOY- held or controlled by the Department of the (b) EFFECTIVE DATE.—The amendments MENT COMPENSATION.— Treasury for purposes of this section; made by this section shall apply as if in- ‘‘(1) IN GENERAL.—If, at the time that the (2) the term ‘‘Secretary’’ means the Sec- cluded in the enactment of the Supplemental amount added to an individual’s account retary of the Treasury or the designee of the Appropriations Act, 2008, except that no under subsection (d)(1) (third-tier emergency Secretary; amount shall be payable by virtue of such unemployment compensation) is exhausted (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- amendments with respect to any week of un- or at any time thereafter, such individual’s ties’’, and ‘‘securities laws’’ have the same employment commencing before the date of State is in an extended benefit period (as de- meanings as in section 3 of the Securities the enactment of this Act. termined under paragraph (2)), such account Exchange Act of 1934 (15 U.S.C. 78c); SEC. 3. THIRD-TIER EMERGENCY UNEMPLOY- shall be further augmented by an amount (4) the term ‘‘plan of disposition’’ with re- MENT COMPENSATION. (hereinafter ‘fourth-tier emergency unem- spect to any TARP Trust, means a plan to (a) IN GENERAL.—Section 4002 of the Sup- ployment compensation’) equal to the lesser dispose of the assets of such trust in a timely plemental Appropriations Act, 2008 (Public of— and orderly manner and in a manner that is Law 110–252; 26 U.S.C. 3304 note) is amended ‘‘(A) 24 percent of the total amount of reg- consistent with the duties of the TARP by adding at the end the following new sub- ular compensation (including dependents’ al- Trust; and section: lowances) payable to the individual during (5) the term ‘‘Voting Principles’’ means, ‘‘(d) THIRD-TIER EMERGENCY UNEMPLOY- the individual’s benefit year under the State MENT COMPENSATION.— with respect to any voting rights of equity law; or ‘‘(1) IN GENERAL.—If, at the time that the shares in any designated TARP recipient, ‘‘(B) 6 times the individual’s average week- amount added to an individual’s account that the trustees shall— ly benefit amount (as determined under sub- under subsection (c)(1) (hereinafter ‘second- (A) exercise such voting rights on— section (b)(2)) for the benefit year. tier emergency unemployment compensa- (i) the membership of the board of direc- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- tion’) is exhausted or at any time thereafter, tors (or similar governing body) of the com- poses of paragraph (1), a State shall be con- such individual’s State is in an extended ben- pany; sidered to be in an extended benefit period, efit period (as determined under paragraph (ii) amendments to the corporate charter as of any given time, if— (2)), such account shall be further augmented or bylaws (or similar operating document) of ‘‘(A) such a period would then be in effect by an amount (hereinafter ‘third-tier emer- the company; for such State under such Act if section gency unemployment compensation’) equal (iii) mergers, liquidations, substantial 203(d) of such Act— to the lesser of— asset sales, and other major corporate trans- ‘‘(i) were applied by substituting ‘6’ for ‘5’ ‘‘(A) 50 percent of the total amount of reg- actions involving the company; and each place it appears; and ular compensation (including dependents’ al- (iv) the issuance of securities on which ‘‘(ii) did not include the requirement under lowances) payable to the individual during shareholders are entitled to vote; and paragraph (1)(A) thereof; or the individual’s benefit year under the State (B) vote on any other issue proportionally ‘‘(B) such a period would then be in effect law; or with the other shareholders of the company. for such State under such Act if— ‘‘(B) 13 times the individual’s average (f) OVERSIGHT OF TRUSTEES.—Section 121 of ‘‘(i) section 203(f) of such Act were applied the Emergency Economic Stability Act of weekly benefit amount (as determined under to such State (regardless of whether the 2008 (12 U.S.C. 5231) is amended— subsection (b)(2)) for the benefit year. State by law had provided for such applica- (1) by redesignating subsection (k) as sub- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- tion); and section (l); and poses of paragraph (1), a State shall be con- ‘‘(ii) such section 203(f)— (2) by inserting after subsection (j) the fol- sidered to be in an extended benefit period, ‘‘(I) were applied by substituting ‘8.5’ for lowing: as of any given time, if— ‘6.5’ in paragraph (1)(A)(i) thereof; and ‘‘(k) OVERSIGHT OF TRUSTEES.—Notwith- ‘‘(A) such a period would then be in effect ‘‘(II) did not include the requirement under standing any other provision of law, and in for such State under such Act if section paragraph (1)(A)(ii) thereof. addition to the authorities set forth in this 203(d) of such Act— ‘‘(3) LIMITATION.—The account of an indi- Act, the Special Inspector General may ‘‘(i) were applied by substituting ‘4’ for ‘5’ vidual may be augmented not more than audit, investigate, and conduct other over- each place it appears; and once under this subsection.’’. sight activities of the operations of any ‘‘(ii) did not include the requirement under (b) CONFORMING AMENDMENT TO NON-AUG- TARP Trust established or trustee appointed paragraph (1)(A) thereof; or MENTATION RULE.—Section 4007(b)(2) of the in connection with the Federal Government ‘‘(B) such a period would then be in effect Supplemental Appropriations Act, 2008 (Pub- equity or other ownership interest in any in- for such State under such Act if— lic Law 110–252; 26 U.S.C. 3304 note), as stitution that has received financial assist- ‘‘(i) section 203(f) of such Act were applied amended by section 3(b), is amended— ance pursuant to section 101(c)(4).’’. to such State (regardless of whether the (1) by striking ‘‘and (d)’’ and inserting ‘‘, State by law had provided for such applica- (d), and (e) of section 4002’’; and SA 2722. Mr. JOHANNS submitted an tion); and (2) by striking ‘‘or (d)’’ and inserting ‘‘, (d), amendment intended to be proposed by ‘‘(ii) such section 203(f)— or (e) (as the case may be))’’. (c) EFFECTIVE DATE.—The amendments him to the bill H.R. 3548, to amend the ‘‘(I) were applied by substituting ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i) thereof; and made by this section shall apply as if in- Supplemental Appropriations Act, 2008 ‘‘(II) did not include the requirement under cluded in the enactment of the Supplemental to provide for the temporary avail- paragraph (1)(A)(ii) thereof. Appropriations Act, 2008, except that no ability of certain additional emergency ‘‘(3) LIMITATION.—The account of an indi- amount shall be payable by virtue of such unemployment compensation, and for vidual may be augmented not more than amendments with respect to any week of un- other purposes; which was ordered to once under this subsection.’’. employment commencing before the date of lie on the table; as follows: (b) CONFORMING AMENDMENT TO NON-AUG- the enactment of this Act. MENTATION RULE.—Section 4007(b)(2) of the SEC. 5. COORDINATION. Strike all after the enacting clause and in- Supplemental Appropriations Act, 2008 (Pub- Section 4002 of the Supplemental Appro- sert the following: lic Law 110–252; 26 U.S.C. 3304 note) is amend- priations Act, 2008 (Public Law 110–252; 26 SECTION 1. SHORT TITLE. ed— U.S.C. 3304 note), as amended by section 4, is This Act may be cited as the ‘‘Worker, (1) by striking ‘‘then section 4002(c)’’ and amended by adding at the end the following Homeownership, and Business Assistance inserting ‘‘then subsections (c) and (d) of sec- new subsection: Act of 2009’’. tion 4002’’; and ‘‘(f) COORDINATION RULES.— SEC. 2. REVISIONS TO SECOND-TIER BENEFITS. (2) by striking ‘‘paragraph (2) of such sec- ‘‘(1) COORDINATION WITH EXTENDED COM- (a) IN GENERAL.—Section 4002(c) of the tion)’’ and inserting ‘‘paragraph (2) of such PENSATION.—Notwithstanding an election Supplemental Appropriations Act, 2008 (Pub- subsection (c) or (d) (as the case may be))’’. under section 4001(e) by a State to provide lic Law 110–252; 26 U.S.C. 3304 note) is amend- (c) EFFECTIVE DATE.—The amendments for the payment of emergency unemploy- ed— made by this section shall apply as if in- ment compensation prior to extended com- (1) in paragraph (1)— cluded in the enactment of the Supplemental pensation, such State may pay extended (A) in the matter preceding subparagraph Appropriations Act, 2008, except that no compensation to an otherwise eligible indi- (A), by striking ‘‘If’’ and all that follows amount shall be payable by virtue of such vidual prior to any emergency unemploy- through ‘‘paragraph (2))’’ and inserting ‘‘At amendments with respect to any week of un- ment compensation under subsection (c), (d),

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TREATMENT OF ADDITIONAL REGULAR graph (1) shall be applied by substituting sections 2, 3, and 4 of the Worker, Homeown- COMPENSATION. ‘July 1, 2010’ for ‘May 1, 2010’.’’. ership, and Business Assistance Act of 2009), The monthly equivalent of any additional (2) WAIVER OF RECAPTURE.— if such individual claimed extended com- compensation paid by reason of section 2002 (A) IN GENERAL.—Subparagraph (D) of sec- pensation for at least 1 week of unemploy- of the Assistance for Unemployed Workers tion 36(f)(4) of such Code is amended by ment after the exhaustion of emergency un- and Struggling Families Act, as contained in striking ‘‘, and before December 1, 2009’’. employment compensation under subsection Public Law 111–5 (26 U.S.C. 3304 note; 123 (B) CONFORMING AMENDMENT.—The heading (b) (as such subsection was in effect on the Stat. 438) shall be disregarded after the date of such subparagraph (D) is amended by in- day before the date of the enactment of this of the enactment of this Act in considering serting ‘‘AND 2010’’ after ‘‘2009’’. subsection). the amount of income and assets of an indi- (3) ELECTION TO TREAT PURCHASE IN PRIOR ‘‘(2) COORDINATION WITH TIERS II, III, AND vidual for purposes of determining such indi- YEAR.—Subsection (g) of section 36 of such IV.—If a State determines that implementa- vidual’s eligibility for, or amount of, bene- Code is amended to read as follows: tion of the increased entitlement to second- fits under the Supplemental Nutrition As- ‘‘(g) ELECTION TO TREAT PURCHASE IN PRIOR tier emergency unemployment compensation sistance Program (SNAP). YEAR.—In the case of a purchase of a prin- by reason of the amendments made by sec- SEC. 9. ADDITIONAL EXTENDED UNEMPLOYMENT cipal residence after December 31, 2008, a tax- tion 2 of the Worker, Homeownership, and BENEFITS UNDER THE RAILROAD payer may elect to treat such purchase as Business Assistance Act of 2009 would unduly UNEMPLOYMENT INSURANCE ACT. made on December 31 of the calendar year delay the prompt payment of emergency un- (a) BENEFITS.—Section 2(c)(2)(D) of the preceding such purchase for purposes of this employment compensation under this title Railroad Unemployment Insurance Act, as section (other than subsections (c), (f)(4)(D), by reason of the amendments made by such added by section 2006 of the American Recov- and (h)).’’. (b) SPECIAL RULE FOR LONG-TIME RESI- Act, such State may elect to pay third-tier ery and Reinvestment Act of 2009 (Public Law 111–5), is amended— DENTS OF SAME PRINCIPAL RESIDENCE.—Sub- emergency unemployment compensation section (c) of section 36 of the Internal Rev- prior to the payment of such increased sec- (1) in clause (iii)— (A) by striking ‘‘June 30, 2009’’ and insert- enue Code of 1986 is amended by adding at ond-tier emergency unemployment com- the end the following new paragraph: pensation until such time as such State de- ing ‘‘June 30, 2010’’; and ‘‘(6) EXCEPTION FOR LONG-TIME RESIDENTS termines that such increased second-tier (B) by striking ‘‘December 31, 2009’’ and in- serting ‘‘December 31, 2010’’; and OF SAME PRINCIPAL RESIDENCE.—In the case of emergency unemployment compensation an individual (and, if married, such individ- may be paid without such undue delay. If a (2) by adding at the end of clause (iv) the following: ‘‘In addition to the amount appro- ual’s spouse) who has owned and used the State makes the election under the pre- same residence as such individual’s principal ceding sentence, then, for purposes of deter- priated by the preceding sentence, out of any funds in the Treasury not otherwise appro- residence for any 5-consecutive-year period mining whether an account may be aug- during the 8-year period ending on the date mented for fourth-tier emergency unemploy- priated, there are appropriated $175,000,000 to cover the cost of additional extended unem- of the purchase of a subsequent principal res- ment compensation under subsection (e), idence, such individual shall be treated as a such State shall treat the date of exhaustion ployment benefits provided under this sub- paragraph, to remain available until ex- first-time homebuyer for purposes of this of such increased second-tier emergency un- section with respect to the purchase of such employment compensation as the date of ex- pended.’’. (b) ADMINISTRATIVE EXPENSES.—Section subsequent residence.’’. haustion of third-tier emergency unemploy- 2006 of division B of the American Recovery (c) MODIFICATION OF DOLLAR AND INCOME ment compensation, if such date is later and Reinvestment Act of 2009 (Public Law LIMITATIONS.— than the date of exhaustion of the third-tier 111–5; 123 Stat. 445) is amended by adding at (1) DOLLAR LIMITATION.—Subsection (b)(1) emergency unemployment compensation.’’. the end of subsection (b) the following: ‘‘In of section 36 of the Internal Revenue Code of SEC. 6. TRANSFER OF FUNDS. addition to funds appropriated by the pre- 1986 is amended by adding at the end the fol- lowing new subparagraph: Section 4004(e)(1) of the Supplemental Ap- ceding sentence, out of any funds in the Treasury not otherwise appropriated, there ‘‘(D) SPECIAL RULE FOR LONG-TIME RESI- propriations Act, 2008 (Public Law 110–252; 26 DENTS OF SAME PRINCIPAL RESIDENCE.—In the are appropriated to the Railroad Retirement U.S.C. 3304 note) is amended by striking case of a taxpayer to whom a credit under Board $807,000 to cover the administrative ‘‘Act;’’ and inserting ‘‘Act and sections 2, 3, subsection (a) is allowed by reason of sub- expenses associated with the payment of ad- and 4 of the Worker, Homeownership, and section (c)(6), subparagraphs (A), (B), and (C) ditional extended unemployment benefits Business Assistance Act of 2009;’’. shall be applied by substituting ‘$6,500’ for under section 2(c)(2)(D) of the Railroad Un- ‘$8,000’ and ‘$3,250’ for ‘$4,000’.’’. SEC. 7. EXPANSION OF MODERNIZATION GRANTS employment Insurance Act, to remain avail- FOR UNEMPLOYMENT RESULTING (2) INCOME LIMITATION.—Subsection able until expended.’’. FROM COMPELLING FAMILY REA- (b)(2)(A)(i)(II) of section 36 of such Code is SON. SEC. 10. USE OF STIMULUS FUNDS TO OFFSET amended by striking ‘‘$75,000 ($150,000’’ and COSTS OF PROGRAM CHANGES. inserting ‘‘$125,000 ($225,000’’. (a) IN GENERAL.—Clause (i) of section Notwithstanding section 5 of the American (d) LIMITATION ON PURCHASE PRICE OF RESI- 903(f)(3)(B) of the Social Security Act (42 Recovery and Reinvestment Act of 2009 (Pub. U.S.C. 1103(f)(3)(B)) is amended to read as fol- DENCE.—Subsection (b) of section 36 of the Law 111–5), from the amounts appropriated Internal Revenue Code of 1986 is amended by lows: or made available and remaining unobligated ‘‘(i) One or both of the following offenses as adding at the end the following new para- under Division A of such Act (other than graph: selected by the State, but in making such se- under title X of such Division A), there is lection, the resulting change in the State ‘‘(3) LIMITATION BASED ON PURCHASE hereby rescinded a total of $9,110,000,000. The PRICE.—No credit shall be allowed under sub- law shall not supercede any other provision Director of the Office of Management and of law relating to unemployment insurance section (a) for the purchase of any residence Budget shall determine how to apply the re- if the purchase price of such residence ex- to the extent that such other provision pro- scission to which accounts and in what vides broader access to unemployment bene- ceeds $800,000.’’. amounts. Not later than 30 days after the (e) WAIVER OF RECAPTURE OF FIRST-TIME fits for victims of such selected offense or of- date of the enactment of this Act, the Direc- HOMEBUYER CREDIT FOR INDIVIDUALS ON fenses: tor of the Office of Management and Budget QUALIFIED OFFICIAL EXTENDED DUTY.—Para- ‘‘(I) Domestic violence, verified by such shall report to each congressional committee graph (4) of section 36(f) of the Internal Rev- reasonable and confidential documentation the amounts so rescinded within the jurisdic- enue Code of 1986 is amended by adding at as the State law may require, which causes tion of such committee. the end the following new subparagraph: the individual reasonably to believe that SEC. 11. EXTENSION AND MODIFICATION OF ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE such individual’s continued employment FIRST-TIME HOMEBUYER TAX CRED- ARMED FORCES, ETC.— would jeopardize the safety of the individual IT. ‘‘(i) IN GENERAL.—In the case of the disposi- or of any member of the individual’s imme- (a) EXTENSION OF APPLICATION PERIOD.— tion of a principal residence by an individual diate family (as defined by the Secretary of (1) IN GENERAL.—Subsection (h) of section (or a cessation referred to in paragraph (2)) Labor); and 36 of the Internal Revenue Code of 1986 is after December 31, 2008, in connection with ‘‘(II) Sexual assault, verified by such rea- amended— Government orders received by such indi- sonable and confidential documentation as (A) by striking ‘‘December 1, 2009’’ and in- vidual, or such individual’s spouse, for quali- the State law may require, which causes the serting ‘‘May 1, 2010’’, fied official extended duty service— individual reasonably to believe that such (B) by striking ‘‘SECTION.—This section’’ ‘‘(I) paragraph (2) and subsection (d)(2) individual’s continued employment would and inserting ‘‘SECTION.— shall not apply to such disposition (or ces- jeopardize the safety of the individual or of ‘‘(1) IN GENERAL.—This section’’, and sation), and any member of the individual’s immediate (C) by adding at the end the following new ‘‘(II) if such residence was acquired before family (as defined by the Secretary of paragraph: January 1, 2009, paragraph (1) shall not apply Labor).’’. ‘‘(2) EXCEPTION IN CASE OF BINDING CON- to the taxable year in which such disposition (b) EFFECTIVE DATE.—The amendment TRACT.—In the case of any taxpayer who en- (or cessation) occurs or any subsequent tax- made by this section shall apply with respect ters into a written binding contract before able year. to State applications submitted on and after May 1, 2010, to close on the purchase of a ‘‘(ii) QUALIFIED OFFICIAL EXTENDED DUTY January 1, 2010. principal residence before July 1, 2010, para- SERVICE.—For purposes of this section, the

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10998 CONGRESSIONAL RECORD — SENATE November 2, 2009 term ‘qualified official extended duty serv- the purchase of any residence unless the tax- ‘‘(III) subparagraph (F) shall not apply. ice’ means service on qualified official ex- payer has attained age 18 as of the date of ‘‘(ii) APPLICABLE NET OPERATING LOSS.—For tended duty as— such purchase. In the case of any taxpayer purposes of this subparagraph, the term ‘ap- ‘‘(I) a member of the uniformed services, who is married (within the meaning of sec- plicable net operating loss’ means the tax- ‘‘(II) a member of the Foreign Service of tion 7703), the taxpayer shall be treated as payer’s net operating loss for a taxable year the United States, or meeting the age requirement of the pre- ending after December 31, 2007, and begin- ‘‘(III) an employee of the intelligence com- ceding sentence if the taxpayer or the tax- ning before January 1, 2010. munity. payer’s spouse meets such age require- ‘‘(iii) ELECTION.— ‘‘(iii) DEFINITIONS.—Any term used in this ment.’’. ‘‘(I) IN GENERAL.—Any election under this subparagraph which is also used in para- (2) CONFORMING AMENDMENT.—Subsection subparagraph may be made only with respect graph (9) of section 121(d) shall have the (g) of section 36 of such Code, as amended by to 1 taxable year. same meaning as when used in such para- this Act, is amended by inserting ‘‘(b)(4),’’ ‘‘(II) PROCEDURE.—Any election under this graph.’’. before ‘‘(c)’’. subparagraph shall be made in such manner (f) EXTENSION OF FIRST-TIME HOMEBUYER (b) DOCUMENTATION REQUIREMENT.—Sub- as may be prescribed by the Secretary, and CREDIT FOR INDIVIDUALS ON QUALIFIED OFFI- section (d) of section 36 of the Internal Rev- shall be made by the due date (including ex- CIAL EXTENDED DUTY OUTSIDE THE UNITED enue Code of 1986, as amended by this Act, is tension of time) for filing the return for the STATES.— amended by striking ‘‘or’’ at the end of para- taxpayer’s last taxable year beginning in (1) IN GENERAL.—Subsection (h) of section graph (2), by striking the period at the end of 2009. Any such election, once made, shall be 36 of the Internal Revenue Code of 1986, as paragraph (3) and inserting ‘‘, or’’, and by irrevocable. amended by subsection (a), is amended by adding at the end the following new para- ‘‘(iv) LIMITATION ON AMOUNT OF LOSS adding at the end the following: graph: CARRYBACK TO 5TH PRECEDING TAXABLE ‘‘(3) SPECIAL RULE FOR INDIVIDUALS ON ‘‘(4) the taxpayer fails to attach to the re- YEAR.— QUALIFIED OFFICIAL EXTENDED DUTY OUTSIDE turn of tax for such taxable year a properly ‘‘(I) IN GENERAL.—The amount of any net THE UNITED STATES.—In the case of any indi- executed copy of the settlement statement operating loss which may be carried back to vidual who serves on qualified official ex- used to complete such purchase.’’. the 5th taxable year preceding the taxable tended duty service (as defined in section (c) RESTRICTION ON MARRIED INDIVIDUAL year of such loss under clause (i) shall not 121(d)(9)(C)(i)) outside the United States for ACQUIRING RESIDENCE FROM FAMILY OF exceed 50 percent of the taxpayer’s taxable at least 90 days during the period beginning SPOUSE.—Clause (i) of section 36(c)(3)(A) of income (computed without regard to the net after December 31, 2008, and ending before the Internal Revenue Code of 1986 is amended operating loss for the loss year or any tax- May 1, 2010, and, if married, such individual’s by inserting ‘‘(or, if married, such individ- able year thereafter) for such preceding tax- spouse— ual’s spouse)’’ after ‘‘person acquiring such able year. ‘‘(A) paragraphs (1) and (2) shall each be property’’. ‘‘(II) CARRYBACKS AND CARRYOVERS TO (d) CERTAIN ERRORS WITH RESPECT TO THE applied by substituting ‘May 1, 2011’ for ‘May OTHER TAXABLE YEARS.—Appropriate adjust- FIRST-TIME HOMEBUYER TAX CREDIT TREATED 1, 2010’, and ments in the application of the second sen- AS MATHEMATICAL OR CLERICAL ERRORS.— ‘‘(B) paragraph (2) shall be applied by sub- tence of paragraph (2) shall be made to take Paragraph (2) of section 6213(g) the Internal stituting ‘July 1, 2011’ for ‘July 1, 2010’.’’. into account the limitation of subclause (I). (g) DEPENDENTS INELIGIBLE FOR CREDIT.— Revenue Code of 1986, as amended by this Act, is amended by striking ‘‘and’’ at the end ‘‘(III) EXCEPTION FOR 2008 ELECTIONS BY Subsection (d) of section 36 of the Internal SMALL BUSINESSES.—Subclause (I) shall not Revenue Code of 1986 is amended by striking of subparagraph (N), by striking the period at the end of subparagraph (O) and inserting apply to any loss of an eligible small busi- ‘‘or’’ at the end of paragraph (1), by striking ness with respect to any election made under the period at the end of paragraph (2) and in- ‘‘, and’’, and by inserting after subparagraph (O) the following new subparagraph: this subparagraph as in effect on the day be- serting ‘‘, or’’, and by adding at the end the fore the date of the enactment of the Work- following new paragraph: ‘‘(P) an entry on a return claiming the er, Homeownership, and Business Assistance ‘‘(3) a deduction under section 151 with re- credit under section 36 if— Act of 2009. spect to such taxpayer is allowable to an- ‘‘(i) the Secretary obtains information ‘‘(v) SPECIAL RULES FOR SMALL BUSINESS.— other taxpayer for such taxable year.’’. from the person issuing the TIN of the tax- ‘‘(I) IN GENERAL.—In the case of an eligible (h) IRS MATHEMATICAL ERROR AUTHOR- payer that indicates that the taxpayer does small business which made or makes an elec- ITY.—Paragraph (2) of section 6213(g) of the not meet the age requirement of section Internal Revenue Code of 1986 is amended— 36(b)(4), tion under this subparagraph as in effect on (1) by striking ‘‘and’’ at the end of subpara- ‘‘(ii) information provided to the Secretary the day before the date of the enactment of graph (M), by the taxpayer on an income tax return for the Worker, Homeownership, and Business (2) by striking the period at the end of sub- at least one of the 2 preceding taxable years Assistance Act of 2009, clause (iii)(I) shall be paragraph (N) and inserting ‘‘, and’’, and is inconsistent with eligibility for such cred- applied by substituting ‘2 taxable years’ for (3) by inserting after subparagraph (N) the it, or ‘1 taxable year’. following new subparagraph: ‘‘(iii) the taxpayer fails to attach to the re- ‘‘(II) ELIGIBLE SMALL BUSINESS.—For pur- ‘‘(O) an omission of any increase required turn the form described in section 36(d)(4).’’. poses of this subparagraph, the term ‘eligible under section 36(f) with respect to the recap- (e) EFFECTIVE DATE.— small business’ has the meaning given such ture of a credit allowed under section 36.’’. (1) IN GENERAL.—Except as otherwise pro- term by subparagraph (F)(iii), except that in (i) COORDINATION WITH FIRST-TIME HOME- vided in this subsection, the amendments applying such subparagraph, section 448(c) BUYER CREDIT FOR DISTRICT OF COLUMBIA.— made by this section shall apply to pur- shall be applied by substituting ‘$15,000,000’ Paragraph (4) of section 1400C(e) of the Inter- chases after the date of the enactment of for ‘$5,000,000’ each place it appears.’’. nal Revenue Code of 1986 is amended by this Act. (b) ALTERNATIVE TAX NET OPERATING LOSS striking ‘‘and before December 1, 2009,’’. (2) DOCUMENTATION REQUIREMENT.—The DEDUCTION.—Subclause (I) of section (j) EFFECTIVE DATES.— amendments made by subsection (b) shall 56(d)(1)(A)(ii) of the Internal Revenue Code of (1) IN GENERAL.—The amendments made by apply to returns for taxable years ending 1986 is amended to read as follows: subsections (b), (c), (d), and (g) shall apply to after the date of the enactment of this Act. ‘‘(I) the amount of such deduction attrib- residences purchased after the date of the en- (3) TREATMENT AS MATHEMATICAL AND CLER- utable to an applicable net operating loss actment of this Act. ICAL ERRORS.—The amendments made by with respect to which an election is made (2) EXTENSIONS.—The amendments made by subsection (d) shall apply to returns for tax- under section 172(b)(1)(H), or’’. subsections (a), (f), and (i) shall apply to resi- able years ending on or after April 9, 2008. (c) LOSS FROM OPERATIONS OF LIFE INSUR- dences purchased after November 30, 2009. SEC. 13. 5-YEAR CARRYBACK OF OPERATING ANCE COMPANIES.—Subsection (b) of section (3) WAIVER OF RECAPTURE.—The amend- LOSSES. 810 of the Internal Revenue Code of 1986 is ment made by subsection (e) shall apply to (a) IN GENERAL.—Subparagraph (H) of sec- amended by adding at the end the following dispositions and cessations after December tion 172(b)(1) of the Internal Revenue Code of new paragraph: 31, 2008. 1986 is amended to read as follows: ‘‘(4) CARRYBACK FOR 2008 OR 2009 LOSSES.— (4) MATHEMATICAL ERROR AUTHORITY.—The ‘‘(H) CARRYBACK FOR 2008 OR 2009 NET OPER- ‘‘(A) IN GENERAL.—In the case of an appli- amendments made by subsection (h) shall ATING LOSSES.— cable loss from operations with respect to apply to returns for taxable years ending on ‘‘(i) IN GENERAL.—In the case of an applica- which the taxpayer has elected the applica- or after April 9, 2008. ble net operating loss with respect to which tion of this paragraph, paragraph (1)(A) shall SEC. 12. PROVISIONS TO ENHANCE THE ADMINIS- the taxpayer has elected the application of be applied by substituting any whole number TRATION OF THE FIRST-TIME HOME- this subparagraph— elected by the taxpayer which is more than BUYER TAX CREDIT. ‘‘(I) subparagraph (A)(i) shall be applied by 3 and less than 6 for ‘3’. (a) AGE LIMITATION.— substituting any whole number elected by ‘‘(B) APPLICABLE LOSS FROM OPERATIONS.— (1) IN GENERAL.—Subsection (b) of section the taxpayer which is more than 2 and less For purposes of this paragraph, the term ‘ap- 36 of the Internal Revenue Code of 1986, as than 6 for ‘2’, plicable loss from operations’ means the tax- amended by this Act, is amended by adding ‘‘(II) subparagraph (E)(ii) shall be applied payer’s loss from operations for a taxable at the end the following new paragraph: by substituting the whole number which is year ending after December 31, 2007, and be- ‘‘(4) AGE LIMITATION.—No credit shall be al- one less than the whole number substituted ginning before January 1, 2010. lowed under subsection (a) with respect to under subclause (I) for ‘2’, and ‘‘(C) ELECTION.—

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‘‘(i) IN GENERAL.—Any election under this gram established under title I of division A of the tax imposed by subtitle A on individ- paragraph may be made only with respect to of the Emergency Economic Stabilization uals, estates, or trusts.’’. 1 taxable year. Act of 2008 (unless such taxpayer is a finan- (b) CONFORMING AMENDMENT.—Paragraph ‘‘(ii) PROCEDURE.—Any election under this cial institution (as defined in section 3 of (1) of section 6011(e) of the Internal Revenue paragraph shall be made in such manner as such Act) and the funds are received pursu- Code of 1986 is amended by striking ‘‘The may be prescribed by the Secretary, and ant to a program established by the Sec- Secretary may not’’ and inserting ‘‘Except shall be made by the due date (including ex- retary of the Treasury for the stated purpose as provided in paragraph (3), the Secretary tension of time) for filing the return for the of increasing the availability of credit to may not’’. taxpayer’s last taxable year beginning in small businesses using funding made avail- (c) EFFECTIVE DATE.—The amendments 2009. Any such election, once made, shall be able under such Act), or made by this section shall apply to returns irrevocable. (2) the Federal National Mortgage Associa- filed after December 31, 2010. ‘‘(D) LIMITATION ON AMOUNT OF LOSS tion and the Federal Home Loan Mortgage SEC. 18. TIME FOR PAYMENT OF CORPORATE ES- CARRYBACK TO 5TH PRECEDING TAXABLE Corporation, and TIMATED TAXES. YEAR.— (3) any taxpayer which at any time in 2008 The percentage under paragraph (1) of sec- ‘‘(i) IN GENERAL.—The amount of any loss or 2009 was or is a member of the same affili- tion 202(b) of the Corporate Estimated Tax from operations which may be carried back ated group (as defined in section 1504 of the Shift Act of 2009 in effect on the date of the to the 5th taxable year preceding the taxable Internal Revenue Code of 1986, determined enactment of this Act is increased by 33.0 year of such loss under subparagraph (A) without regard to subsection (b) thereof) as a percentage points. shall not exceed 50 percent of the taxpayer’s taxpayer described in paragraph (1) or (2). SEC. 19. EMERGENCY DESIGNATION. taxable income (computed without regard to SEC. 14. EXCLUSION FROM GROSS INCOME OF For purposes of Senate enforcement, the the loss from operations for the loss year or QUALIFIED MILITARY BASE RE- amount resulting from the provisions of, and any taxable year thereafter) for such pre- ALIGNMENT AND CLOSURE FRINGE. amendments made by, this Act is designated ceding taxable year. (a) IN GENERAL.—Subsection (n) of section as an emergency requirement and necessary ‘‘(ii) CARRYBACKS AND CARRYOVERS TO 132 of the Internal Revenue Code of 1986 is to meet emergency needs pursuant to section OTHER TAXABLE YEARS.—Appropriate adjust- amended— 403 of S. Con. Res. 13 (111th Congress), the ments in the application of the second sen- (1) in subparagraph (1) by striking ‘‘this concurrent resolution on the budget for fis- tence of paragraph (2) shall be made to take subsection) to offset the adverse effects on cal year 2010. into account the limitation of clause (i).’’. housing values as a result of a military base (d) ANTI-ABUSE RULES.—The Secretary of realignment or closure’’ and inserting ‘‘the SA 2723. Mr. ENZI (for himself and the Treasury or the Secretary’s designee American Recovery and Reinvestment Tax Mrs. HUTCHISON) submitted an amend- shall prescribe such rules as are necessary to Act of 2009)’’, and ment intended to be proposed by him prevent the abuse of the purposes of the (2) in subparagraph (2) by striking ‘‘clause to the bill H.R. 3548, to amend the Sup- amendments made by this section, including (1) of’’. plemental Appropriations Act, 2008 to anti-stuffing rules, anti-churning rules (in- (b) EFFECTIVE DATE.—The amendments provide for the temporary availability cluding rules relating to sale-leasebacks), made by this act shall apply to payments and rules similar to the rules under section made after February 17, 2009. of certain additional emergency unem- 1091 of the Internal Revenue Code of 1986 re- SEC. 15. DELAY IN APPLICATION OF WORLDWIDE ployment compensation, and for other lating to losses from wash sales. ALLOCATION OF INTEREST. purposes; which was ordered to lie on (e) EFFECTIVE DATES.— (a) IN GENERAL.—Paragraphs (5)(D) and (6) the table; as follows: (1) IN GENERAL.—Except as otherwise pro- of section 864(f) of the Internal Revenue Code At the appropriate place, insert the fol- vided in this subsection, the amendments of 1986 are each amended by striking ‘‘De- lowing: made by this section shall apply to net oper- cember 31, 2010’’ and inserting ‘‘December 31, ating losses arising in taxable years ending SEC. ll. ENCOURAGEMENT OF INNOVATIVE 2017’’. STATE PROGRAMS TO CONNECT UN- after December 31, 2007. (b) CONFORMING AMENDMENT.—Section EMPLOYMENT INSURANCE RECIPI- (2) ALTERNATIVE TAX NET OPERATING LOSS 864(f) of the Internal Revenue Code of 1986 is ENTS WITH JOBS AND OPPORTUNI- DEDUCTION.—The amendment made by sub- amended by striking paragraph (7). TIES TO ACQUIRE NEW SKILLS. section (b) shall apply to taxable years end- (c) EFFECTIVE DATES.—The amendments (a) IN GENERAL.—Section 903(f) of the So- ing after December 31, 2002. made by this section shall apply to taxable cial Security Act (42 U.S.C. 1103(f)) is amend- (3) LOSS FROM OPERATIONS OF LIFE INSUR- years beginning after December 31, 2010. ed— ANCE COMPANIES.—The amendment made by SEC. 16. INCREASE IN PENALTY FOR FAILURE TO (1) in paragraph (1)— subsection (d) shall apply to losses from op- FILE A PARTNERSHIP OR S COR- (A) in subparagraph (C), by striking ‘‘Of erations arising in taxable years ending after PORATION RETURN. the’’ and inserting ‘‘Subject to subparagraph December 31, 2007. (a) IN GENERAL.—Sections 6698(b)(1) and (D), of the’’; and (4) TRANSITIONAL RULE.—In the case of any 6699(b)(1) of the Internal Revenue Code of (B) by adding at the end the following new net operating loss (or, in the case of a life in- 1986 are each amended by striking ‘‘$89’’ and subparagraph: surance company, any loss from operations) inserting ‘‘$195’’. ‘‘(D) If a State elects this subparagraph to for a taxable year ending before the date of (b) EFFECTIVE DATE.—The amendments apply rather than subparagraph (C), the the enactment of this Act— made by this section shall apply to returns maximum incentive payment determined (A) any election made under section for taxable years beginning after December under subparagraph (B) with respect to such 172(b)(3) or 810(b)(3) of the Internal Revenue 31, 2009. State shall be transferred to the account of Code of 1986 with respect to such loss may SEC. 17. CERTAIN TAX RETURN PREPARERS RE- such State upon a certification under para- (notwithstanding such section) be revoked QUIRED TO FILE RETURNS ELEC- graph (4)(B) that the State meets the re- before the due date (including extension of TRONICALLY. quirements of paragraph (8).’’; time) for filing the return for the taxpayer’s (a) IN GENERAL.—Subsection (e) of section (2) in paragraph (4)— last taxable year beginning in 2009, and 6011 of the Internal Revenue Code of 1986 is (A) in subparagraph (A)— (B) any application under section 6411(a) of amended by adding at the end the following (i) by striking ‘‘(2) or (3)’’ the first place it such Code with respect to such loss shall be new paragraph: appears and inserting ‘‘(2), (3), or (8)’’; and treated as timely filed if filed before such ‘‘(3) SPECIAL RULE FOR TAX RETURN PRE- (ii) by inserting ‘‘or paragraph (8)’’ before due date. PARERS.— the period at the end; (f) EXCEPTION FOR TARP RECIPIENTS.—The ‘‘(A) IN GENERAL.—The Secretary shall re- (B) in subparagraph (B), by inserting ‘‘or if amendments made by this section shall not quire than any individual income tax return the Secretary of Labor finds that the State apply to— prepared by a tax return preparer be filed on meets the requirements of paragraph (8),’’ (1) any taxpayer if— magnetic media if— after ‘‘(2) or (3)’’; and (A) the Federal Government acquired be- ‘‘(i) such return is filed by such tax return (C) in subparagraph (C)— fore the date of the enactment of this Act an preparer, and (i) in clause (i), by striking ‘‘(2) or (3)’’ and equity interest in the taxpayer pursuant to ‘‘(ii) such tax return preparer is a specified inserting ‘‘(2), (3), or (8)’’; and the Emergency Economic Stabilization Act tax return preparer for the calendar year (ii) in clause (iii), by striking ‘‘2011’’ and of 2008, during which such return is filed. inserting ‘‘2012’’; (B) the Federal Government acquired be- ‘‘(B) SPECIFIED TAX RETURN PREPARER.—For (3) in paragraph (5)— fore such date of enactment any warrant (or purposes of this paragraph, the term ‘speci- (A) in subparagraph (A), by striking ‘‘sub- other right) to acquire any equity interest fied tax return preparer’ means, with respect paragraph (B)’’ and inserting ‘‘subparagraphs with respect to the taxpayer pursuant to the to any calendar year, any tax return pre- (B) and (C)’’; and Emergency Economic Stabilization Act of parer unless such preparer reasonably ex- (B) by adding at the end the following new 2008, or pects to file 10 or fewer individual income subparagraph: (C) such taxpayer receives after such date tax returns during such calendar year. ‘‘(C) A State may use any amount trans- of enactment funds from the Federal Govern- ‘‘(C) INDIVIDUAL INCOME TAX RETURN.—For ferred to the account of such State under ment in exchange for an interest described in purposes of this paragraph, the term ‘indi- this subsection for the payment of amounts subparagraph (A) or (B) pursuant to a pro- vidual income tax return’ means any return under paragraph (8)(A)(iv).’’; and

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11000 CONGRESSIONAL RECORD — SENATE November 2, 2009 (4) by adding at the end the following new Whereas the United States has had a mili- The preamble was agreed to. paragraph: tary presence at West Point since the Revo- The resolution, with its preamble, ‘‘(8)(A) A State meets the requirements of lutionary War because of its strategic posi- reads as follows: this paragraph if the State has in place a tion overlooking the Hudson River; S. RES. 332 voluntary job placement program under Whereas General George Washington se- which an individual— lected Thaddeus Kosciuszko to design West Whereas, between 1945 and 1961, more than ‘‘(i) is paid weekly unemployment com- Point’s fortifications in 1778; 2,500,000 people, or 15 percent of the total pensation; Whereas West Point is the oldest continu- population of the German Democratic Re- ‘‘(ii) is placed with an employer who pro- ously occupied military post in the United public (referred to in this preamble as ‘‘East vides training to the individual in order for States; Germany’’), left the country to pursue eco- the individual to acquire new skills; Whereas President Thomas Jefferson es- nomic opportunity and enjoy the benefits of liberty and political freedom in the Federal ‘‘(iii) may work up to 24 hours a week for tablished the United States Military Acad- Republic of Germany (referred to in this pre- a 6 week period with such employer at no emy at West Point in 1802; amble as ‘‘West Germany’’) and other coun- cost to such employer; and Whereas West Point has educated many of tries; ‘‘(iv) may receive payments to cover trans- the United States Army’s commissioned offi- Whereas, at midnight on August 13, 1961, portation, child care, dependent care, and cers; East Germany sealed its border with West needs-related payments, that are necessary Whereas West Point instructs 4,400 cadets Berlin and began construction of a 100-mile to enable an individual to participate in the per year in academics, military tactics, barrier that would later include bunkers, program. physical fitness, and leadership; watchtowers, searchlights, minefields, ‘‘(B) An individual participating in job Whereas approximately 1,000 cadets grad- barbed wire, concrete walls, and armed placement program under subparagraph (A) uate each year and are commissioned in the United States Armed Services; guards, to prevent the emigration of the peo- shall not be considered to be an employee en- ple of East Germany to seek freedom and op- gaged in employment for purposes of the Whereas 2 Presidents of the United States, 74 Congressional Medal of Honor recipients, portunity elsewhere; Fair Labor Standards Act of 1938 (29 U.S.C. Whereas, during the 28 years the Berlin 201 et seq.).’’. 88 Rhodes Scholars, 33 Marshall Scholars, and 28 Truman Scholars have graduated from Wall existed, approximately 5,000 people suc- SA 2724. Mr. SCHUMER (for himself West Point; cessfully fled East Germany for West Ger- many and West Berlin, more than 75,000 peo- Whereas in addition to academics and mili- and Mr. MENENDEZ) submitted an ple were imprisoned for attempting to leave tary training, West Point offers extra- amendment intended to be proposed by East Germany, and an estimated 1,200 people curricular activities that include the Eisen- him to the bill H.R. 3548, to amend the were killed trying to escape; hower Hall Theatre and 115 athletic and non- Supplemental Appropriations Act, 2008 Whereas Presidents John F. Kennedy and sport clubs; and Ronald Reagan declared their vision of Ber- to provide for the temporary avail- Whereas West Point offers a well-rounded, lin as a free city, in the heart of a free Ger- ability of certain additional emergency highly regarded education to the next gen- many; unemployment compensation, and for eration of the Nation’s leaders: Now, there- Whereas Chancellor Willi Brandt of West other purposes; which was ordered to fore, be it Germany and others demonstrated great lie on the table; as follows: Resolved, That the Senate— foresight in their pursuit of ‘‘Ostpolitik’’, a (1) congratulates the United States Mili- On page 27, between lines 6 and 7, insert policy of engagement that lowered tensions tary Academy at West Point on being named the following: and ultimately helped undermine the author- by Forbes magazine as America’s Best Col- ‘‘(IV) EXCEPTION FOR LOSSES FROM SPECI- itarian rule of the wall-builders; lege for 2009; FIED FRAUDULENT ARRANGEMENTS.—Subclause Whereas more than 22,000,000 Americans (2) supports West Point’s mission ‘‘to edu- (I) shall not apply to any qualified loss re- served in the Cold War, supporting the ef- cate, train, and inspire the Corps of Cadets sulting from a specified fraudulent arrange- forts to bring military, economic, and diplo- so that each graduate is a commissioned ment (within the meaning of Revenue Proce- matic pressure to bear in the defense of Ger- leader of character committed to the values dure 2009–20). many and the West, and ultimately helping of Duty, Honor, Country and prepared for a f more than 400,000,000 people gain their free- career of professional excellence and service dom from the bondage of communism in the CONGRATULATING THE UNITED to the Nation as an officer in the United Soviet Bloc; States Army’’; and STATES MILITARY ACADEMY Whereas the Solidarity Movement in Po- (3) respectfully requests the Secretary of land demonstrated that the will of a people Mr. LIEBERMAN. Madam President, the Senate to transmit a copy of this resolu- united could not be silenced by winning a I ask unanimous consent that the Sen- tion to the Superintendent of West Point. ate proceed to the immediate consider- surprise landslide victory in elections to the f ation of S. Res. 331, submitted earlier Contract Sejm in June 1989; today. COMMEMORATING THE 20TH ANNI- Whereas, on August 23, 1989, Hungary offi- The PRESIDING OFFICER (Mrs. VERSARY OF THE FALL OF THE cially opened the border between Hungary and Austria, resulting in 13,000 refugees from SHAHEEN). The clerk will report the BERLIN WALL East Germany fleeing into West Germany resolution by title. Mr. LIEBERMAN. Madam President, through Hungary; The bill clerk read as follows: I ask unanimous consent that the Sen- Whereas, on September 4, 1989, after pray- A resolution (S. Res. 331) congratulating ate proceed to the immediate consider- ers for peace in the Nikolai Church, crowds the United States Military Academy at West ation of S. Res. 332, submitted earlier that would eventually number in the hun- Point on being named by Forbes magazine as today. dreds of thousands gathered in Leipzig, East America’s Best College of 2009. The PRESIDING OFFICER. The Germany, to repeatedly and peacefully pro- There being no objection, the Senate clerk will report the resolution by test the authoritarian regime of East Ger- many and to demand basic freedoms; proceeded to the consideration of the title. resolution. Whereas, in September 1989, thousands of The bill clerk read as follows: people in East Germany took refuge in the Mr. LIEBERMAN. Madam President, A resolution (S. Res. 332) commemorating I ask unanimous consent that the reso- embassy of West Germany in Prague, the 20th anniversary of the fall of the Berlin Czechoslovakia, in order to emigrate to West lution be agreed to, the preamble be Wall, the end of the division of Europe, and Germany and the West; agreed to, the motions to reconsider be the beginning of the peaceful and democratic Whereas, on October 18, 1989, faced with laid upon the table, with no inter- reunification of Germany. widespread civil unrest and a deteriorating vening action or debate, and that any There being no objection, the Senate political situation, East German leader statements relating to the resolution proceeded to consider the resolution. Erich Honecker, who had predicted that the be printed in the RECORD. Mr. LIEBERMAN. Madam President, Wall ‘‘will stand in fifty or a hundred years,’’ The PRESIDING OFFICER. Without I ask unanimous consent that the reso- resigned; objection, it is so ordered. lution be agreed to, the preamble be Whereas, on November 4, 1989, more than The resolution (S. Res. 331) was agreed to, the motions to reconsider be 1,000,000 people gathered in Alexanderplatz in agreed to. laid upon the table, with no inter- East Berlin and 40 other cities and towns in East Germany to demand free elections and The preamble was agreed to. vening action or debate, and that any The resolution, with its preamble, basic civil rights, such as freedoms of opin- statements relating to the resolution ion, movement, press, and assembly; reads as follows: be printed in the RECORD. Whereas, on November 9, 1989, East Ger- S. RES. 331 The PRESIDING OFFICER. Without man politbureau member Gu¨ nter Schabowki Whereas Forbes magazine has named the objection, it is so ordered. announced that the government would allow United States Military Academy at West The resolution (S. Res. 332) was ‘‘every citizen of the German Democratic Re- Point as America’s Best College for 2009; agreed to. public to leave the GDR through any of the

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S11001 border crossings,’’ and East German leader Mr. BROWN. Madam President, I ask One of the reasons this legislation is Egon Krenz promised ‘‘free, general, demo- unanimous consent that the order for so important is that these kinds of dis- cratic and secret elections’’; the quorum call be rescinded. crimination practices will be banned Whereas thousands of people in East Berlin The PRESIDING OFFICER. Without by our legislation: No more cutting immediately flooded the border checkpoints objection, it is so ordered. at the Berlin Wall and demanded entry into people off due to a preexisting condi- West Berlin, causing the overwhelmed border f tion, no more cutting people off be- cause they got sick and went over their guards of East Germany to open the check- HEALTH CARE REFORM points to allow people to cross into West annual cap or because they are too ex- Berlin; Mr. BROWN. Madam President, most pensive to take care of; no more dis- Whereas, in the days following the fall of of us go home every weekend and talk crimination based on geography, gen- the Berlin Wall, hundreds of thousands of to our constituents. In places such as der, or disability. We are going to ban people from East Germany freely crossed the Mansfield, OH, and all over our States, these practices—no more using pre- border into West Berlin and West Germany most of us are hearing a lot about peo- existing conditions, no more caps, no for the first time in more than 28 years; ple’s problems with health insurance. I Whereas the Chancellor of West Germany more discrimination—but even with Helmut Kohl and Foreign Minister Hans come to the Senate floor most nights that, it is important that we have a Dietrich Genscher managed the political sit- or days and read letters from people in public option—just an option. A public uation and foreign diplomacy with great tact my State who have had difficulty be- option will say to the insurance indus- and in close cooperation with Western allies, cause of their health insurance situa- try: We are not going to let you do that leading to the peaceful reunification of Ger- tion, and I hear a couple of things over anymore. We are going to change the many as a sovereign, democratic state on Oc- and over. One I hear is that most peo- law, but we are going to help to enforce tober 3, 1990; ple are generally pretty satisfied with it with this public option. Whereas, on November 9, 2009, the people of their health insurance—not the cost I commend Leader REID for respond- Germany will celebrate on both sides of the Brandenburg Gate the 20th anniversary of but generally their coverage—until ing to the support of the Presiding Offi- the fall of the Berlin Wall with the ‘‘Festival they get really sick and then they find cer, Senator SHAHEEN from New Hamp- of Freedom’’; out their health insurance isn’t as good shire, and many of us who wrote to Whereas the fall of the Berlin Wall was one as they thought it was. Senator REID asking him to include the of the milestones of the 20th century, I get letters from people all over my public option in the health insurance brought about by the actions of many ordi- State—from Youngstown, from Toledo, reform bill. He has done that. That is a nary and some extraordinary people; and from Bowling Green, to St. response from many Members of the Whereas the fall of the Berlin Wall em- Clairsville—that a year ago they would Senate, and it is also what most of this bodied the end of the division of Europe, the have said they had very good health in- opening of the Iron Curtain, and the triumph country wants. In poll after poll, of democracy over communism: Now, there- surance, but they end up having a baby roughly twice as many Americans want fore, be it with a preexisting condition or their to see a public option as don’t. A re- Resolved, That the Senate— health insurance costs are so expensive cent physicians poll by the Robert (1) recognizes the 20th anniversary of the because of an illness that their insur- Wood Johnson Foundation—certainly a fall of the Berlin Wall; ance is canceled. In some cases, a group that has no dog in this hunt— (2) celebrates 20 years of an undivided Eu- woman who has a C-section is consid- found that 70 percent of doctors want rope, free from the oppression of ered to have a preexisting condition by authoritarianism, with the people of the to see a public option because they former communist countries and Western insurance companies because the next want to protect their patients. They Europe; baby would have to be a C-section, and want to make sure their patients (3) honors the service and sacrifice of the in some cases, even women who have aren’t victimized by discrimination, by people of Germany, the United States, and been victims of domestic violence are preexisting conditions, and by losing other countries who served in the Cold War considered by their insurance compa- their insurance and all of that. to bring freedom to Central and Eastern Eu- nies to be a risk because that is a pre- It is time for our Nation to get more rope; existing condition. If they were abused choices, and the public option does give (4) expresses its appreciation to the people by their husband or boyfriend or more choices. In Ohio, one insurance of Germany for their commitment to pre- serving the dignity and freedom of others in whomever in the household, then it is company controls 41 percent of the their leadership on international assistance, likely that person will do it again, so market. One company controls 41 per- peacekeeping, and security efforts, including that is a preexisting condition, and cent of the market. Two companies in Afghanistan, Bosnia and Herzegovina, sometimes they are closed out of their control 58 percent of the market. In Georgia, Kosovo, Lebanon, Sudan, and off insurance. southeast Ohio, two companies control the coast of the Horn of Africa; and A few weeks ago, the Senate Health, 85 percent of the market. What does (5) reaffirms the friendship between the Education, Labor, and Pensions Com- that mean? That means little competi- Government and people of the United States mittee chairman, Senator HARKIN from tion, it means lower quality, and it and the Government and people of Germany. Iowa—a committee I and about a quar- means higher rates. You put the public f ter of the Senate sit on—held a hearing option out there, and you give people a AUTHORIZING APPOINTMENT OF to examine how health insurance com- choice. They do not have to choose the COMMITTEE panies discriminate against women in public option. They can choose Aetna Mr. LIEBERMAN. Madam President, the private market. Insurance compa- or CIGNA or Medical Mutual—a not- I ask unanimous consent that the nies often deny care and charge higher for-profit company in Ohio—or they President of the Senate be authorized premiums to women. For instance, in can choose WellPoint. Put that out to appoint a committee on the part of the case of a 32-year-old man and a 32- there with the public option as a com- the Senate to join with a like com- year-old woman with very similar petitor, and you bet these companies mittee on the part of the House of Rep- health backgrounds, the insurance pre- are going to behave better. resentatives to escort Her Excellency miums for a woman will be signifi- It is not just an Ohio problem. In Angela Merkel, Chancellor of the Fed- cantly more. She will pay higher insur- fact, in some States it is worse. Two eral Republic of Germany, into the ance premiums than the man will pay. health plans control 80 to 100 percent of House Chamber for the joint meeting We also heard stories about what I just the market share in 10 States. Two at 10:30 a.m. on Tuesday, November 3, mentioned, that women who have been companies control at least 80 percent 2009. victims of domestic violence or women of the market in one-fifth of the States The PRESIDING OFFICER. Without who have had C-sections are charged in this country. In another 11 States, 2 objection, it is so ordered. higher rates or sometimes the insur- health plans control 70 to 80 percent of Mr. LIEBERMAN. Madam President, ance industry literally rescinds—the the market. So you have 21 States I suggest the absence of a quorum. industry term is ‘‘rescission’’—their in- where 2 companies control at least 70 The PRESIDING OFFICER. The surance coverage. That is only one ex- percent of the market. That is not clerk will call the roll. ample of how insurance companies competition; that is an oligopoly, I The bill clerk proceeded to call the make a profit at the expense of people guess is the term we learned in high roll. in need. school economics class. But whatever

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11002 CONGRESSIONAL RECORD — SENATE November 2, 2009 we call it, we know it is simply not $20 million-a-year salaries. The CEO of own pockets much more. Small busi- working to keep health care costs Aetna last year made $24 million. The nesses make up 72 percent of Ohio’s down, it is not working to keep health average salary of the CEOs of the 10 businesses but only 47 percent offered insurance prices down, and it is not largest insurance companies is $11 mil- health benefits in 2006, and that was working to provide the kind of high- lion. To make $11 million, you have to down 5 percent from half a decade ear- quality insurance that is needed. cut a lot of people off from getting lier. In the insurance industry, what have their insurance, you have to keep a lot So it is important that we have this we seen happen in the last 7 or 8 years? of people out, you have to deny a lot of hearing tomorrow, but what really Insurance premiums have doubled. The preexisting conditions, and you have to matters is that our health insurance reason they have doubled is because deny a lot of claims. And they are very bill will, in fact, give small businesses they can. There are fewer insurance good at that. Again, that is why the several options. It will mean they can companies, but they have gotten larger public option is so very important. The go into a larger pool, if they would and larger. These insurance companies private insurance industry has avoided like, where their costs will be less. We have a business plan. Their plan is ba- risk at the expense of their enrollees know a small business pays much more sically twofold. First of all, they hire when they should have been bearing than a large business pays per em- lots of people to make sure they deny risk on behalf of their enrollees. ployee. Small businesses will get a tax coverage. You can’t even buy insurance There is no better way to keep the break. Small businesses that have 24 if you are sick or if you have a pre- private insurance industry honest than employees, 22 employees, have been existing condition. Then they hire lots to make sure they are not the only paying too much for health insurance. of people to deny your claim. Some- game in town. When they are the only If one or two of their employees gets thing like 30 percent of all claims sub- game in town, when there are only two really sick, you know what happens: mitted on the first go-round to private companies in southwest Ohio, you bet their insurance prices spike up and insurance companies are denied. So executive salaries are high and profits they may even lose their insurance their business plan is to hire a bunch of are high and quality is low, and you overall or they may get canceled. But bureaucrats—the private, for-profit bet cost is high for those small busi- if you take the small business and put companies—to keep from buying insur- nesses and individuals and large busi- it into a pool, you are going to see ance people who might be costly. Then nesses, too, that are buying that insur- much more evening. You won’t see on the other end they hire a bunch of ance. those price spikes when a handful of bureaucrats to make sure they try not Too often, the private insurance in- people get sick because you could to pay out for health care costs people dustry has cast out the sick instead of spread that around the whole risk pool. have. covering them. Too often, the industry That is why this is so important. It is Lots of countries in the world have has promised financial protection and so important for these small businesses private health insurance. We are the has delivered disillusionment. No small to have a public option because it will, only country that has private for-prof- business is safe from unheard-of pre- again, keep the insurance companies its. This isn’t a bunch of countries mium increases, even if they are pay- honest. It will mean more competition. around the world that have socialized ing in more than they got out from It will mean insurance companies have medicine. Many countries have private their insurance company year after to compete on price. insurance doing it, but they are not- year. The people running the public option for-profit private insurance. So they do There is a small business in Cin- in every State are not going to be pay- not add to the private insurance bu- cinnati, in southwest Ohio, as I men- ing $24 million to their CEO. You can reaucracy by hiring lots and lots of ex- tioned earlier, that I believe has been bet they are not going to hire a bunch pensive people to keep you from buying in business for a quarter century. He of people to try to keep people off of insurance if you are sick or if you have would like to take the money he has their insurance rolls. You can bet they a preexisting condition, and they do made and plow it back into the busi- are not going to hire a bunch of bu- not hire a bunch of people on the other ness and take a lot more of his reve- reaucrats to stop the insurance compa- end to stop you from collecting on your nues and plow that back into the busi- nies—the public option—from having insurance when you do in fact get sick. ness to grow his business, but he is to pay. Medicare doesn’t disallow or That is why the public option is so im- spending more and more of his money— throw people off for a preexisting con- portant. It is going to compete with all of his discretionary money—on in- dition. The public option won’t either. these private companies. You won’t see surance, to the point now where it Just by existing, the public option will the kind of gaming of the system the looks as if, from what insurance com- keep the private insurance industry private insurance companies are doing panies say, he may not even be able to more honest. now. cover his employees at all in the years Madam President, let me just close— According to the Congressional Budg- ahead. and I think Senator MERKLEY is going et Office, a strong public option in Tomorrow, the HELP Committee— to be joining us in a few minutes—with health reform, such as we provide for the committee that held the hearings a couple of letters from people who in the HELP Committee bill, would on discrimination against women in have been victimized, in some sense, by save the government $25 billion over 10 health insurance—is holding a hearing this insurance system. years—again, because a public plan entitled ‘‘Increasing Health Costs Fac- This is Sheila from Richland County, wouldn’t have to turn a profit. ing Small Businesses’’ to examine how the county where I grew up, in north So what does that mean? It means exorbitant premium increases are af- central Ohio—the Mansfield, Shelby, that in the last 7 or 8 years, private in- fecting our small businesses. In the Shilo, Plymouth, Lexington area. Shei- surance companies have seen a 400-per- past 2 years, half of small businesses la writes: cent increase in their profits. How do that have offered coverage reported I moved to Ohio five years ago to be with they make that profit? Well, by hiring switching to plans with higher out-of- my granddaughter. I’ve worked hard all my a bunch of bureaucrats to stop people pocket costs in response to rising pre- life, and now, I’m 60 years old still working from getting coverage if they might miums. and paying my own insurance. The other day get sick. They hire a bunch of bureau- So what is happening all over this I learned my health insurance has doubled. I crats, if they do get sick, to keep them country, the small businesses—and am alarmed because I’m wondering how long from having to pay for it. large businesses—in order to get cov- I will be able to pay for my benefits. I’ve talked to some other people my age and they At the same time, profits have gone erage are forcing their employees to are feeling the same way. I have always up because those are good investments. pay more money out of their own pock- worked, never sat down, or expected hand- Those bureaucrats who deny coverage ets for their insurance. Employees are outs. But insurance companies are downright are good for the industry if they deny often not getting raises, in part be- greedy. I do have a problem with Seniors a lot of claims, which, of course, they cause of the recession, certainly, but being gouged because of age and health do. But look at the executive salaries, also because the company is spending issues. look at the trips they take, look at so much money on health insurance Sheila brings this to mind. There are their sales meetings in Tahiti and their and people are having to dip into their a lot of letters we received that are

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S11003 from people like Sheila. She is 60—they Please help Jon and millions of Americans She, Melissa, is specifically asking to might be 63; they might be 58. They are who are uninsured. join the public option. That is her typically from people who worked hard Jon is 25. In many cases people like choice once this legislation is passed. all their lives, as the great majority of Jon are dropped from their insurance I thank you for the time on the floor. people in my State have worked hard, plan when they are 22. One of the I add, this bill we are going to debate played by the rules, and it is not al- things our bill says is no longer will in the next couple of weeks, this legis- ways so easy, of course. Sheila sug- someone coming home from the Army lation, in so many ways, makes sense gests, as many do, she knows she is or coming home from college, someone for this country. Medicare eligible in 5 years. She is 60 who moved back in with their parents, First of all, anyone who is satisfied now—4-plus years. A lot of letters I whether they are 22, 23 years old, be with their insurance can keep what get, in addition to people thinking they dropped from their insurance. Under they have, and we will build in con- had good insurance until they got real- our bill that passed out of the HELP sumer protections around it so people ly sick, a lot of letters are from people Committee, anyone can stay on their can’t lose insurance because their costs in their early sixties. They just want parents’ policy until the age of 26. But were too high or a preexisting condi- to hang on until they are Medicare eli- even at 26, what will happen is much tion. They might have had a C-section gible because they are paying such preferable, obviously, to what is hap- as a young woman or might have been high premiums. She said her costs dou- pening to Jon. a victim of domestic violence. Losing bled. What is happening to Jon is—his par- their insurance for those things will She knows Medicare, which looks a ents say they are dropping him without not be allowed anymore. lot like the public option, is something much prospect, it sounds like, of get- This will help small businesses with that will ultimately protect her and ting insurance. What our bill says is tax incentives and other ways to will matter as she lives out the last 10, that anyone who is uninsured, like Jon spread their costs around so I guess 20, 30 years of her life. That is why it is will be, at whatever age he would be- they go into a bigger insurance pool. It so important. will help those who do not have insur- Linda, from Muskingum County, the come uninsured, anyone will be able to go into the insurance exchange, and ance. They will have the option to buy Zanesville area of the State, east of Co- it. If they are low- or middle-income lumbus, eastern Ohio: Jon will be able to choose from a whole menu—Aetna, Wellpoint, Medical Mu- Americans, they will get some assist- I’m 60 years old and a mother of two grown tual—or does he want to choose the ance to pay for their insurance. sons. Since my divorce earlier this year, I’ve Last, this bill will have a public op- had to start my life all over—after 33 years public option? of working hard and paying off bills and our Because Jon sounds like he is pretty tion which will help to discipline the mortgage. low income, Jon will get some assist- insurance market, will compete with In May, I selected a standard plan from a ance from the government, from tax- them, will make them more honest, private insurer. As expensive as it was, I had payers, to buy insurance so he will be and help to bring prices down as good, to pay the $625 a month they quoted. in this large insurance pool with, more old-fashioned American competition As of September, I did not receive a policy does. or information on my benefit plan, despite or less, tens of millions of other Ameri- asking for a copy of my plan and being cans, which will keep prices in check I suggest the absence of a quorum. charged monthly premiums. because of the expanded universal pool The PRESIDING OFFICER. The The insurance company finally notified me of people. But Jon will be in a much clerk will call the roll. that they misplaced my form and that I The legislative clerk proceeded to better situation because he will have would receive some information in August. call the roll. insurance under this legislation. In that time—I didn’t see a doctor or use Mr. MERKLEY. Madam President, I the policy in any way, but I still paid the Melissa, the last one I will read, from ask unanimous consent the order for monthly premiums assuming I was covered. Lake County just east of Cleveland, But in just 3 months the insurance company the quorum call be rescinded. Willowwick, Wickliffe, Eastlake, Madi- The PRESIDING OFFICER. Without increased my premiums from $625 a month to son, that area of Ohio: $1,000 a month. The explanation I got was objection, it is so ordered. that the insurer was required to increase the I’m a young, college-educated professional Mr. MERKLEY. Madam President, I premium in order to maintain enough money who has always had to purchase my own rise this evening to address the issue of to fund the plan I selected. The only thing health insurance because employer plans health care in our society, and specifi- were not available. they did was to take my payments for three cally the public option. Earlier today I Even as a healthy young woman with no months for something I wasn’t able to use. I had a chance to listen to some of my don’t think it is fair they can increase the health problems and no pre-existing condi- premium that quickly or even within a year. tions, my monthly insurance costs are very colleagues defend the status quo sys- Linda reflects—she is the same age as expensive. I teeter on the brink of dropping tem. They wanted to argue that health Sheila. They are both from sort of coverage. care reform should not occur now— small, medium-size towns in Ohio. I would love to participate in a public op- maybe sometime later. I guess the 100 tion, and especially want it to be available Some of the same problems—60 years years we have spent as a country, to family members and people in my commu- working to have affordable, accessible old, onerous, very expensive premiums nity who desperately need it. that they seem to have no control over. health care for every citizen, the 100 Again, what our health insurance bill Melissa is in a situation like so years we spent in that debate isn’t will do, as we see more competition many. She works for an employer, enough. from the public option, we will see could be a small business—whomever There is a novel by a couple of ladies more spreading of the risk so she she works for—that doesn’t provide who were turning 100. They titled their doesn’t have to buy an individual pol- health insurance. It sounds like she has novel ‘‘The Second Hundred Years,’’ or icy like this so if she gets sick she will had decent jobs, but they don’t provide ‘‘Our Second Hundred Years.’’ That was be covered. her health insurance. She has had to a beautiful glimpse into the possibility Robert and Monica from Cuyahoga buy it herself. It is incredibly expen- of a life well-filled and a life of antici- County, Cleveland area, northeast sive, and it is increasingly expensive to pated fulfillment as they went into Ohio, write: buy insurance on your own, even if you their old age post-100. Our son Jon will have no health insurance don’t have a preexisting condition, We are in a different situation with as of March, 2010. He’s 25 years old and work- even if you have not been sick, the way health care. This 100-year debate ing on an associates degree in landscape de- Melissa is. But she would like the op- should not go on for another 100 years; sign at a community college. Our son Jon tion of going into the insurance ex- another 100 years for us to consider the supports himself as a landscaper, despite change and going into the public op- possibility, the principle that every being deaf. He makes just enough to buy tion that would inject competition. It single person in America should have food, pay rent and pay for some of his would keep prices more in check. She affordable, accessible, quality health courses. While he could file Supplemental would be part of a larger pool, and she Security Income, he has never collected a care. penny of government assistance. would have those protections, the con- I heard earlier today a lot of scare But in March of next year, Jon will be sumer protections that our legislation words thrown out to defend the current dropped from our health insurance plan. offers. system and encourage citizens to be

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S11004 CONGRESSIONAL RECORD — SENATE November 2, 2009 afraid of reform. Those scare words are and, whoosh, your health care coverage But now, if you introduce a player very unnecessary because citizens in is gone. That is not a fair system for that is not there to maximize profits, America know our health care system those who have health issues in our Na- is there to maximize wellness, that is is broken. They know it from their per- tion. real choice. Nobody would be asked to sonal experience. So opponents of re- So we need to reform this system. It take a public option or community form, they don’t want to have a plan, starts by ending the unfairness for health care plan choice over a private they simply want to scare citizens into those who have it. It is called insur- insurance company. That is why they sticking with the broken status quo. ance reform. No more blocking folks call it choice. That is why they call it Indeed, sometimes there is a certain from being accepted into health care— an option. You would get to choose. universal guaranteed access. No more concern about change, what change Let us empower our citizens through dumping of folks off health care insur- will bring. Well, let’s look for a mo- choice in the marketplace. Again, this ance once you become ill—an end to ment at what the status quo is bring- is red, white, and blue American com- dumping, an end to preexisting condi- ing us. Our health care costs are dou- petition to benefit consumers of health tions. bling every 6 to 8 years. That means a care services. lot of folks who could afford health In other words, health care reform care just a few years ago cannot afford for those who have insurance is all We have had a lot of conversation it today. A lot of small businesses that about fairness. There were some other about health care this year. It has cer- could afford health care 6 to 8 years words thrown out earlier today, words tainly been an intense conversation ago cannot afford it today. A lot of big such as ‘‘deficit,’’ ‘‘government take- since January. We have five bills that businesses that are competing inter- over,’’ ‘‘increases in premiums.’’ All have come out of committees. Many nationally were more competitive 6 to those are scare words designed to mis- folks like to stack up all those bills 8 years ago than they are today. lead the citizens from following the and say: Look how complicated it is. I would like to be able to tell you logic of their own experience, their own Look how complicated health care re- that the rate of increase in the cost of common sense about the broken health form is. Well, it is a bit complicated health care has declined but, if any- care system we have in America. because we have multiple health care thing, it has increased. We are looking But let’s consider some other words. systems in our country. at another doubling over the years to How about ‘‘competition.’’ It may sur- We have a Veterans’ Administration come, over the next 6 to 8 years. prise some to find out we do not have system. We have a Medicare system. I do not know about anyone else, but much competition at all in health care We have a Medicaid system. We have given how high health care costs are here in America. Why is that? It is be- private insurance companies in the sys- today for the American family, do we cause the health care insurance indus- tem. We have another system for all want a system, a broken system, that try is exempt from competition. They those folks who cannot qualify for any is going to double those costs again in are allowed to work together as an ex- of the first ones. It is this: Save your the very near future? Is that a good fu- emption for antitrust. They are al- money and hope you have enough when ture for America? Is that affordable lowed to coordinate and to compare. you get sick. If you do not, then I am That works to the benefit of the com- health care? Is that accessible health sorry, you are in trouble. care? Is that an ability to acquire qual- panies, but it does not work to the ben- efit of the citizens. There are some statistics on this: ity health care, which I think every In addition, a lot of markets in this 45,000 Americans a year die because American citizen knows in their heart country have a single dominant pro- they do not have access to health care, that, indeed, that is not affordable or vider, often 80 percent of the market. 45,000. That can be compared to just accessible or quality health care, to That does not work toward competi- about virtually anything else that hap- have a system that is doubling every 6 tion. What do you get here in America pens in this country. That is a pretty to 8 years. in a market where you have no com- big total. That is a lot of suffering. The other thing we know about petition or very little competition? That is not just folks who get sick and health care in America is that folks What you get are extraordinarily high suffer, all those folks who get sick and who have insurance still have a lot of costs that are doubling every 6 to 8 suffer and die. challenges. Well, the first is getting in- years. That is not a system that works surance in the first place because our We had a gentleman in central Or- for citizens. egon who had a tumor growing on his current system allows insurance com- So how about we introduce competi- panies, as incredible as this might spine. His doctor asked the private in- tion. That is as American as apple pie. surance company for an MRI, permis- seem, to say: No, we do not want you. How can we do that? What we can do is You have a family history of diabetes. sion to do imaging so they would un- have a health care competitor dedi- derstand what was happening. The in- You have a preexisting condition. It cated to healing, not dedicated to cor- might simply be a skin rash. It might surance company, the private insur- porate profits. That health care entity, ance company, turned him down. So be anything. People are turned down that publicly created structure of for health care day and night in our the patient and his doctor found a sec- health care, indeed healing, they are ond expert. The second expert went country. not trying to maximize their profits at Well, those are a lot of American over the man and said: He needs to the expense of citizens; they are trying have an MRI. They sent a request to citizens who do not get to participate to invest in the citizens to maximize in our health care system. What about the insurance company. The insurance wellness. company turned him down, again. those folks who do get insurance and It is a completely different model. It they go along paying their premiums is a model about prevention. It is a He died from that tumor on his spine. year after year, 10 years, 15 years, and model about disease management. It is He actually had health insurance, but then they finally have a health care a model about healthy choice incen- he had health insurance with a private problem and they get a letter from tives. That is the competition that a insurance company coming between their health insurance company that public option or a community health him and his doctor. Some of my col- says: We are dumping you off your plan will introduce with health care all leagues like to say under a public plan health care plan. Now that you are over our Nation. the government gets involved. Well, sick, we do not want to cover you any- I think lower costs and competition not really. It is you and your doctor. more. are good things. I think giving citizens Right now we have insurance compa- What kind of fairness is there in that more choice is a good thing. Here are nies that come between you and your for the American citizen, that compa- some brilliant aspects of this. If you do doctor every single day. Why not give nies can dump you off your plan when not have competition right now due to the American citizen this choice to you finally need health care, after you the antitrust provisions or due to the have a different system, a system dedi- have been paying your premiums dominance of a single payer, then the cated to healing, a system that will month after month, year after year, or citizens can look at the possibility and create competition, a system that will decade after decade, and finally you go: Well, they are all about the same. hold the private insurance company’s have an illness that needs to be covered That is not real competition. feet to the fire.

VerDate Nov 24 2008 06:38 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S02NO9.REC S02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — SENATE S11005 That is the community health care ORDERS FOR TUESDAY, The PRESIDING OFFICER. Without plan or the public option. I will con- NOVEMBER 3, 2009 objection, it is so ordered. clude with this notion, that competi- f tion that lowers costs, increases Mr. MERKLEY. Madam President, I choice, and improves service is a won- ask unanimous consent that when the PROGRAM Senate completes its business today, it derful direction for health care reform Mr. MERKLEY. Madam President, adjourn until 10 a.m. tomorrow, No- to go. We have made many steps in German Chancellor Angela Merkel will that direction. But we have not gotten vember 3; that following the prayer and address a joint meeting of Congress to- that bill to the President’s desk. Let’s pledge, the Journal of proceedings be morrow at 10:30 a.m. Senators are en- do that. Let’s get that bill that in- approved to date, the morning hour be couraged to gather in the Senate creases choice, improves service, and deemed expired, the time for the two Chamber at 10 a.m. so we may proceed lowers costs, let’s get that bill to the leaders be reserved for their use later as a body to the Hall of the House of President’s desk by Christmas. in the day, and the Senate recess from Representatives at 10:15. 10:15 a.m. until 11:30 a.m. to allow for a I suggest the absence of a quorum. f The PRESIDING OFFICER. The joint meeting of Congress; that fol- clerk will call the roll. lowing the joint meeting, the Senate ADJOURNMENT UNTIL 10 A.M. resume consideration of H.R. 3548, the TOMORROW The legislative clerk proceeded to Unemployment Benefits Extension Act call the roll. Mr. MERKLEY. If there is no further of 2009; further, that the Senate recess business to come before the Senate, I Mr. MERKLEY. I ask unanimous from 12:30 p.m. until 2:15 p.m. to allow ask unanimous consent that it adjourn consent that the order for the quorum for the weekly caucus luncheons; and under the previous order. call be rescinded. finally, that the time during any ad- There being no objection, the Senate, The PRESIDING OFFICER. Without journment, recess, or period of morning at 7:04 p.m., adjourned until Tuesday, objection, it is so ordered. business count postcloture. November 3, 2009, at 10 a.m.

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RECOGNIZING THE LAUNCH BY PERSONAL EXPLANATION would like to take a moment and highlight the THE LEGAL AID SOCIETY OF excellent work they continue to do: PALM BEACH COUNTY OF ITS HON. K. MICHAEL CONAWAY Central Lincoln PUD—Central Lincoln PUD, ARMED SERVICES ADVOCACY OF TEXAS serving portions of Lincoln, Lane, Douglas and PROJECT IN THE HOUSE OF REPRESENTATIVES Coos counties, provides affordable electricity Monday, November 2, 2009 to nearly 84,000 Oregonians, supporting thou- HON. ALCEE L. HASTINGS Mr. CONAWAY. Madam Speaker, on rollcall sands of jobs in the tourism, fishing, and for- est products industries. Central Lincoln has OF FLORIDA No. 830, H.R. 3854, had I been present, I would have voted ‘‘yea.’’ helped many of its commercial and industrial IN THE HOUSE OF REPRESENTATIVES f customers with long-term energy saving projects, including the Oregon Coast Aquarium Monday, November 2, 2009 PERSONAL EXPLANATION in Newport and the Georgia-Pacific paper mill Mr. HASTINGS of Florida. Madam Speaker, in Toledo. Central Lincoln is a platinum spon- I rise today to celebrate the launch by the HON. JOSEPH CROWLEY sor of cutting edge renewable energy and Legal Aid Society of Palm Beach County of its OF NEW YORK electricity storage research at Oregon State Armed Services Advocacy Project, ASAP, IN THE HOUSE OF REPRESENTATIVES University’s Wallace Energy Systems & Re- made possible through a grant from the Flor- Monday, November 2, 2009 newables Facility at its school of Electrical En- ida BRAIVE Fund at the Dade Community gineering and Computer Science. Additionally, Mr. CROWLEY. Madam Speaker, on Octo- Foundation. More than 1.7 million veterans Central Lincoln is enhancing its focus on con- ber 29th, 2009, I was absent for four rollcall call Florida home, one of the largest such pop- servation and energy efficiency, including the votes. If I had been here, I would have voted: ulations of any State. Palm Beach County hiring of an energy services specialist, who ‘‘yes’’ on rollcall vote No. 828; ‘‘no’’ on rollcall alone is home to 1,200 Iraq and Afghanistan will provide technical assistance and informa- veterans. The need for services for these peo- vote No. 829; ‘‘yes’’ on rollcall vote No. 830; and ‘‘yes’’ on rollcall vote No. 831. tion to customers and the general public re- ple is tremendous. garding practical application of a variety of en- f This new project’s mission is to provide civil ergy technologies. Central Lincoln is also a re- legal assistance to active duty Armed Forces COMMENDING THE 70TH ANNIVER- cent recipient of a $10 million smart-grid grant service members and veterans who are serv- SARY OF PEOPLE’S UTILITY DIS- from the federal government. ing or have served in Operation Enduring TRICTS IN OREGON Tillamook PUD—Tillamook PUD and Hamp- Freedom or Operation Iraqi Freedom and/or ton Lumber’s Tillamook Lumber Mill have a their families living in Palm Beach County HON. KURT SCHRADER strong working relationship and have worked Specifically, the Armed Services Advocacy OF OREGON together on energy efficiency improvement Project will provide legal advice, education, IN THE HOUSE OF REPRESENTATIVES counsel, and representation with regard to projects for more than two decades. Tillamook pre-deployment, deployment and post-deploy- Monday, November 2, 2009 Lumber, one of Tillamook PUD’s largest cus- ment issues, free of charge. Mr. SCHRADER. Madam Speaker, I rise tomers, has always valued conservation, and has demonstrated its importance even through Legal services offered to personnel and/or today in honor of Public Power Week 2009 in this rough economic downturn. During the their family members will include access to the State of Oregon. The history of public spring, operations at the mill decreased from benefits, benefit denials, disability determina- power in Oregon stems from a grassroots a 24 hour operation to one shift, leaving nearly tions, discharge matters, housing and financial campaign of Oregonians in the 1930’s who, one-third of its employees out of work. With issues, access to health care and mental due to their rural service areas, did not have health resources, employment rights and access to electricity. They spearheaded an ini- rebates and assistance from Tillamook PUD, much more. Individuals may also receive as- tiative and Oregon eventually passed a meas- Hampton installed new motors and variable sistance with specialized military issues includ- ure allowing for the development of publically frequency drives in several areas of the mill, ing navigating the physical disability evaluation owned and operated energy utilities. resulting in annual savings of over $90,000. system, appealing involuntary administrative As President Franklin Roosevelt stood at More than 40 percent of the $486,000 project separations, defending inappropriate dis- the gates of the Bonneville Dam and inaugu- costs were paid through the Tillamook PUD/ charge, discharge characterization, or dis- rated the Bonneville Power Administration, BPA rebate program. Tillamook PUD and the ability rating and filing claims for Traumatic In- BPA, these Oregonians finally had a viable Port of Tillamook are also converting a very jury Insurance Under the Service Members option towards implementing their publically valuable asset from its famous cows into en- Group Life Insurance, TSGLI. owned energy facilities. By the 1940’s, four ergy. In 2003, the Port constructed a central- People’s Utility Districts were formed across ized methane digester to biologically process The ultimate goal of the Armed Service Ad- Oregon in Lincoln, Tillamook, Clatskanie, and vocacy Project is to improve the lives of Palm the manure from 4,000 of the county’s 30,000 Wasco Counties. By the early 1980’s, two dairy cows. The digester has the ability to Beach County residents who have served or more were created: Emerald and Columbia are serving in Iraq or Afghanistan and their produce and capture methane from the ma- River People Utility Districts. nure and reduces the amount of methane that families through legal intervention aimed at Oregon’s PUDs are a testament to the co- providing safer living conditions, meeting med- otherwise would enter the atmosphere. The operation of more than 250,000 Oregonians green power generated is sold to Tillamook ical needs or reducing the time and frustration who publically own and operate their energy involved in navigating social services and vet- PUD, powers approximately over 200 homes, company. Oregon’s PUDs focus on renewable and maintains more than 150 family-wage erans’ assistance systems. generation, conservation, and energy effi- dairy industry jobs in the community. Madam Speaker, I am quite familiar with the ciency programs has resulted in over 90 per- problems active duty and retired service mem- cent of their power generated and distributed Madam Speaker, while more than 70 years bers have faced with these issues. I am de- being green and renewable. This is quite an has passed since the establishment of public lighted to know that the Legal Aid Society of achievement. Today, Oregon’s PUDs are thriv- power in the State of Oregon, I am proud to Palm Beach County, an old and very trusted ing with green technology innovation while still say that they represent a spirit that I believe agency, has created the Armed Services Ad- providing low-cost rates and quality service to all Americans share: the spirit of community vocacy Project, and I wish them great success their consumers. first. I honor them as they celebrate Public with their efforts on behalf of one of America’s There are two PUDs that serve my district: Power Week 2009 and wish them continued most beloved and respected populations. Central Lincoln PUD and Tillamook PUD. I success in the coming years.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.001 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2676 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 TRIBUTE TO WILLIAM ‘‘BILL’’ PERSONAL EXPLANATION this type of mutual hate-killings between CASAMO different religious factions, stopping this kind of hate-killing from spreading. In the HON. K. MICHAEL CONAWAY meantime, mainland police also destroyed OF TEXAS the religious activities of the two house HON. JAMES P. MORAN IN THE HOUSE OF REPRESENTATIVES churches. According to estimates, the reli- gious belief of tens of thousands of people’s OF VIRGINIA Monday, November 2, 2009 may have been affected. IN THE HOUSE OF REPRESENTATIVES Mr. CONAWAY. Madam Spaker, on rollcall According to the indictment, Xu Wenku No. 828—Flake Amendment, had I been and others swindled people out of 20.5 million Monday, November 2, 2009 RMB in various parts of mainland China by present, I would have voted ‘‘yea.’’ illegally hiring believers and collecting con- Mr. MORAN of Virginia. Madam Speaker, I f tributions, etc. At the beginning of 2007, Xu Wenku and other core members of ‘‘Three rise today to pay tribute to the life of Mr. Wil- CHINESE HUMAN RIGHTS ATTOR- liam ‘‘Bill’’ Casamo, community activist, human Grades of Servants’’ Church were sentenced NEYS TESTIFY BEFORE THE TOM to death and were immediately executed. rights leader, and U.S Veteran. Bill lived the LANTOS HUMAN RIGHTS COM- Through investigations and interviews, we kind of full, robust life we all hope to live, leav- MISSION believe that the relatively secluded venues ing us at the distinguished age of 92 on Octo- for religious activities in rural areas have ber 21, 2009, at his beloved home in Alexan- given rise to religious heresies or have led dria, Virginia. HON. FRANK R. WOLF some people to be engaged in illegal activi- OF VIRGINIA ties in the name of religion. On the other hand, mainland police, while cracking down Mr. Casamo was a proud veteran of the IN THE HOUSE OF REPRESENTATIVES U.S. Marine Corps and a one-man force on heresies, also take the opportunity to de- Monday, November 2, 2009 throughout the modern American labor move- stroy venues for religious activities in rural areas, reducing the number of venues for vil- ment. His deeply held values and experiences Mr. WOLF. Madam Speaker, I would like to lagers’ religious activities. I believe that truly reflect the best of what the ‘‘Greatest draw the attention of my colleagues to the fol- mainland police have failed to distinguish Generation’’ had to offer our nation. lowing testimonies of two Chinese human the normal religious activities from the ille- rights attorneys who submitted testimony for a gal and criminal behavior in the religious ac- Bill was the second child of immigrant par- hearing last week of the Tom Lantos Human tivities that should be cracked down. As a ents, Hilda Johanson from Norway and An- Rights Commission. result, the religious environment in the thony Casamo from Sicily. In 1921, in an effort countryside continues to deteriorate and has [Written Testimony submitted to the Tom entered into a sort of vicious cycle: While to provide a better life for their family outside Lantos Human Rights Commission on the bustling New York City, they moved to Patter- cracking down on heresies, the venues for re- rule of law in China, Oct. 29, 2009] ligious activities were reduced. After the son, NY. Early in his childhood, Mr. Casamo BY CRACKING DOWN ON HERESIES, THE GOV- venues for religious activities were reduced, demonstrated the strong work ethic that would ERNMENT REDUCES VENUES FOR RELIGIOUS the religious activities of villagers were carry him throughout his life. During his sum- ACTIVITIES IN RURAL AREAS forced to be more secret, and secret religious mers in Patterson he worked at local res- (By Mr. Wang Guangze) activities often tend to nourish the creation taurants, slaughterhouses and meat packing From May 2006 to July 2007, I was working of heresies and varying degrees of illegal re- ligious activities. as Beijing-based editor and commentator for plants to help support his family. In 1943, he For more evidence, please view the fol- enlisted with the U.S. Marine Corps, leaving the magazine Phoenix Weekly, a subsidiary lowing relevant report at: http:// behind his wife and first child to fight in World operation of Phoenix Satellite TV. During www.boxun.com/hero/wanggz/. that period of time, I had tried to make some War II. Mr. Casamo served honorably in the reports on the status of religious freedom. Pacific Theater until his discharge in February [Written Testimony submitted to the Tom Phoenix Satellite TV and its subsidiary mag- Lantos Human Rights Commission on the 1946. azine Phoenix Weekly were registered in rule of law in China, Oct. 29, 2009] Hong Kong, but due to their pro-CPC fea- After the war ended, Mr. Casamo began EXPECTING THE SECOND TRANSFORMATION OF tures, the CPC gave them the special permis- CHINA’S RELIGIOUS POLICIES what would be a lifelong dedication to the sion to set up a reporter’s station in Beijing (By Mr. Cao Zhi) American labor movement. The map of his ca- and recruit employees. The restrictions on reer truly traces the rise of labor throughout its scope of news reporting are rather lax as 1. FOUR STAGES OF RELIGIOUS POLICIES IN our country. His first union job came at the compared with other media outlets in main- CHINA early age of 20 when he was elected a union land China. This is also the main reason why 1. In the 1950s before the Cultural Revolu- tion, the system of administration of reli- representative at a meat packing plant in New this witness was able to report on religious cases, while other media outlets in China gions was formed. The basic characteristics York. Over the next half-century he dedicated had no such right to report on related con- of the system were that the religious organi- himself to numerous union organizations, in- tent during the same period of time. zations were politicized, were classified cluding the United Furniture Workers Union, The religious case of ‘‘Three Grades of under the administration as a ‘work unit,’ the American Federation of State, County, and Servants’’ was published in the eleventh and everything in terms of religious life was issue of Phoenix Weekly in 2006, in a Chinese simplified. In 1978, after the Cultural Revolu- Municipal Employees, AFSCME, the Inter- tion, the political program of the country national Industrial Engineers, and the Inter- article of as many as 11,000 characters. The entire report consisted of three articles: ‘‘An turned to the ‘‘priority of economic develop- national Brotherhood of Pulp, Sulphite and Pa- underground church and sixteen cases in- ment’’ from the ‘‘class struggle.’’ In March 1982, ‘‘Basic Viewpoints and Basic Policies of permill Workers, which later became the Inter- volving death,’’ ‘‘Xu Wenku and his religious Religious Issues of Our Country During the national Brotherhood of Papermill Workers, kingdom,’’ and ‘‘Religious reality in a rural Period of Socialism’’ (i.e. Document No. 19) village.’’ The entire report was written by IBPW. He retired in 1985 as the Director of was promulgated. This was the first trans- two journalists, Deng Fei and Liu Zhiming, the Retiree Affairs Department for IBPW. Mr. formation of religious policies in China. On Casamo has always been proud of his work, after they conducted interviews. They were the one hand, this document required the often penning a Labor Day message to ex- notified by a witness, who also gave guidance restoration of religious activities held by re- on conducting interviews. In the end, I edit- ligious organizations at sites designated for press his gratefulness for the courage, for- ed on the articles and published them. titude and vision of American workers. The religious activities. On the other hand, how- Through investigations and interviews, we ever, the predominant idea was that ‘‘class same can be said of a nation’s gratefulness found that the mainland Chinese Public Se- struggles still exist within certain areas,’’ for Mr. Casamo. curity department and prosecution depart- and it confined the religious activities with- ment accused ‘‘Three Grades of Servants,’’ a Bill Casamo will be deeply missed. He set in the ‘‘normal limits.’’ In 1982, Article 36 of Christian church under the management of the Constitution, essentially the ‘‘Clause on the standard as an exemplary individual who Xu Wenku, of carrying out an order to mur- Religious Belief,’’ was formulated based on spent his life fighting to make a better life for der twenty members of another Christian the religious policies defined in Document his family and for his brothers and sisters in house church that called itself ‘‘the Light- 19. With its promulgation, the state now the labor movement. He is survived by his lov- ning in the Orient.’’ Both police and prosecu- must recognize what it considers ‘‘normal re- ing wife of 43 years, Eileen Casamo, 4 chil- tion agencies believed that the two parties ligious activities,’’ while at the same time, not only had the motive of competing for the dren, 16 grandchildren and 11 great grand- it must prohibit or crack down on religious recruitment of believers, but that there were activities outside its control. The idea of children. Bill will be missed, but his warmth, also conflicts between their religious creeds. ‘‘the state protects normal religious activi- kindness and strength of character will be re- After the case was cracked, mainland Chi- ties’’ must be interpreted in the context of membered always. nese police effectively cracked down upon this contradiction.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.005 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2677 2. After the third wave of the democratic structure is based on the experience gathered 3. The issue of legality of religious organiza- movement in 1989, referred to as ‘‘Catholic in the legislation of religious affairs in other tions. wave’’ by Huntington, the ruling party mis- places. The language used in this regulation The registration system for religious orga- takenly believed that the church was against is vague and for the first time on the level of nizations is built upon seven major compo- its rule. Therefore, the ideas of ‘‘class strug- state administrative regulations, it publicly nents based on the regulations on social or- gle’’ and ‘‘friends and enemies’’ fueled a implements the system of administrative ap- ganizations and religious regulations: the boost in religious [restrictive] policies. In proval on religious organizations, sites for nature of registration process as an adminis- 1991, the ‘‘Notification from the Central religious activities, religious activities, cler- trative permit, the system of double permits, Committee of the Chinese Communist Party gymen, religious publications, religious in- conditions for the legal person, format of and the State Council on Several Questions stitutions and religious affairs involving rules and regulations, ‘‘simplicity’’ clause of Concerning Doing a Good Job in Religious overseas entities. Whatever does not obtain social organizations, the clause that pro- Affairs’’ (i.e. Document 6) was established. an administrative permit is considered ille- hibits the establishment of regional branches For the first time, this document unequivo- gal. and the measure of abolishment. Its func- cally proposed ‘‘administration of religious What is worth mentioning here is that on tions aim at ensuring that the religious or- affairs in accordance with law.’’ It further the question of religious properties, the ganizations obey the system of government proposed to ‘‘speed up the legislation on reli- ‘‘Regulations on Religious Affairs’’ clearly administration. The logic for the adminis- gious issues.’’ Document 6 demanded that states the responsibilities of agencies in tration through registration is that the charge of religious affairs and they have the the State Administration of Religious Af- agencies in charge of religious administra- tendency to protect religious activities. fairs under the State Council, governments tion exercises its power in approving the reg- in various provinces, autonomous regions II. FOUR ISSUES. istration and issuing the administrative per- and municipalities remain directly under the 1. Religious clergymen. mits. It requires the religious organizations jurisdiction of the central government-led In the process of recognition (agreement)— to obey the guidance and supervision by regulations in cases concerning religion. Be- record filing for religious clergymen, ‘‘record agencies in charge of religious administra- tween 1991 and 1999, two administrative regu- filing’’ is the center of the issue. ‘‘Record fil- tion and departments in charge of civil af- lations were formulated and promulgated at ing’’ is merely the name of it, but the real fairs. Otherwise, their application for reg- the same time by the State Council on Janu- intention is to control the clergy through istration would not be approved; religious or- ary 31, 1994. In the meantime, the State Ad- the approval system. Two examples of this ganizations not registered do not have a ministration of Religious Affairs under the are the Zhaozhi case in Niuxin Temple of legal status and they may not establish sites State Council also formulated four adminis- Sichuan in 2005 and Shengguan case in for religious activities or hold religious ac- trative regulations. In the past 10 years, with Huacheng Temple in Jiangxi in 2006. These tivities. They would be abolished by agencies the exception of Beijing and Shanxi, 29 prov- incidents have brought up this situation: in charge of religious administration and inces, autonomous regions and municipali- that is, the recognition and appointment of cannot exist. To house churches, ‘‘obeying ties directly under the jurisdiction of the religious clergymen is not based on the cri- the guidance and supervision by agencies in central government completed the religious teria of belief or knowledge in the doctrines legislation. Among them, the comprehensive charge of religious administration and de- of the specific religion, but on whether they partments of civil affairs’’ means that they laws and regulations from 16 provinces, au- obey the government. The religious organi- tonomous regions and municipalities di- must be affiliated to the TSPM church sys- zations and the site for religious activities tem. Examples like this are the Shouwang rectly under the central government adopted where these religious clergymen serve are a format with 10 chapters of General Rules, Church case in 2006 and ‘‘Autumn Rain’’ therefore subordinate to the government and Church case in 2009. Religious Organizations, Religious Activi- we have a situation where the state dictates ties, Sites for Religious Activities, Clergy- 4. The issue of church properties. the church. Therefore, such a process vio- men, Religious Education (or institutions), It is said in Document 19 of the Central lates the Constitutional principle of the sep- Religious Properties, Religious Issues In- Party Committee that ‘‘reasonable arrange- aration of the church and the state and is volving Overseas Contacts, Legal Liabilities ments of sites for religious activities is an therefore an inappropriate process. One of and Supplementary Articles. important material condition for the imple- the ways to reform the religious system is to 3. After the 1999 Falun Gong Incident, the mentation of the Party’s religious policies abolish such a process and turn control over religious policies became tight. In 2001, the and for the normalization of religious activi- to the religion itself for the recognition and goal of administration of religious affairs of ties. At that time, it was required that ‘‘we appointment of religious clergymen. The the government was unequivocally defined as must take effective measures and make fur- government must not intervene and should to ‘‘protect legal activities; stop illegal ac- ther reasonable arrangements for the sites of withdraw itself from the administration of tivities; fight against infiltration and crack religious activities according to different sit- affairs on religious clergymen. down on crimes.’’ In light of this, relevant uations.’’ legislations started. The 1997 version of the 2. Religious publications. In the ‘‘Notice of the Central Party Com- amendment to the Criminal Law changed the Due to ideological domination, ‘‘freedom of mittee and the State Council on Several ‘‘counter-revolutionary crime’’ in the 1979 religious belief’’ in Article 36 of the Con- Questions of Further Doing a Good Job in version of the Criminal Law to ‘‘endanger stitution can only be interpreted in the nar- Religious Affairs’’ (i.e. Document 6) issued in the safety of the state.’’ In the meantime, rowest sense of the phrase: i.e. citizens have 1991, it is unequivocally proposed that ‘‘In the clause in Article 99 of the latter was in- only the freedom of ‘‘belief’ which does not implementing and carrying out the policies corporated into Chapter 6 from Chapter 1 of include citizens’ freedom of ‘‘establishing a of freedom of religious belief, we must reso- the special provisions of the Criminal Law. church’’ and ‘‘proselytizing.’’ As ‘‘proselyt- lutely correct the phenomenon of violating It was changed to Article 300. The presump- izing’’ and ‘‘establishing a religion’’ are the the citizens’ rights of freedom of religious tive conditions defined in the Criminal Law, core [elements] of the freedom of belief, pub- belief and the legitimate rights of the reli- i.e. crimes have three situations: utilizing lication is a necessary means for ‘‘proselyt- gious circle. Where there are few sites for re- superstitious sects or secret societies, cult izing’’ and ‘‘establishing a religion.’’ There- ligious activities, we must solve the problem organizations or utilizing superstition in un- fore, if someone intends to limit the expan- of lack of sites people need for their normal dermining the implementation of the law sion of a religion, restricting the publica- religious activities. We must properly re- and administrative regulations of the state; tions for the religion is a must. Therefore, solve the issue of religious real estate prop- causing death in deception schemes; raping the act of printing publications on a large erties left from the past so as to contribute women and obtaining properties through scale and distributing them for free by reli- to the unity with the vast religious believers cheating. In comparing Article 300 in the 1997 gious organizations, especially house church- and the stability of the state and the soci- version of Criminal Law and Article 99 of the es, can be penalized through the ‘‘crime of il- ety.’’ 1979 version of the Criminal Law, ‘‘cult orga- legal business operation.’’ on Interpretation The ‘‘Regulations on Religious Affairs’’ ex- nization’’ was added to the subjects of crime of Several Questions in the Specific Applica- plicitly explains the obligations of the agen- and in the objects of crime, ‘‘proletarian dic- tion of Law Governing the Trial of Criminal cies in charge of religious affairs on the tatorship and socialist system’’ was changed Cases of Illegal Publications. It is stipulated church properties. It is stated in Article 33 of to ‘‘implementation of state laws and regula- in Article 11 of Zui Gao Fa Fa Shi, 1998, No. the Regulation that ‘‘Where the houses or tions, personal rights and property rights.’’ 30, that if. the circumstance is serious for structures of a religious organization or a Therefore, the objects of abolishment publication, printing, copying and distribu- site for religious activities need to be demol- changed from ‘‘superstitious sects or secret tion of publications, and it seriously harms ished or relocated because of urban planning societies’’ to religious organizations. The the public order and disrupts the market in or construction of key projects, the demol- reason for abolishment has also changed violation of the relevant stipulations of the isher shall consult with the religious organi- from being a ‘‘counter-revolutionary’’ to state, the perpetrator shall be convicted of zation or the site for religious activities con- ‘‘endangering public order’’ or ‘‘violating illegal business operation and penalized in cerned, and solicit the views of the relevant one’s personal rights or property rights.’’ accordance of Item 3 of Article 225 of the religious affairs department. If, after con- 4. In 2005, the ‘‘Regulations on Religious Criminal Law. Examples of this are the Cal sultation, all the parties concerned agree to Affairs’’ was promulgated. Its content actu- Zhuohua case in 2005, Wang Zaiqing case in the demolition, the demolisher shall rebuild ally can be traced back to the religious poli- 2006, Zhou Heng case of 2007 and Shi Weihan the houses or structures demolished, or, in cies in Document 19 and Document 6. Its case of 2008. accordance with the relevant provisions of

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.008 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2678 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 the State, make compensation on the basis try to abandon the mentality of regarding On that horrendous September day in 2001, of the appraised market price of the houses religions, especially Christianity, as ‘‘en- we lost 343 firefighters in the line of duty. or structures demolished.’’ First, the article emies’’ or representatives of the West at- In responding to approximately 1.6 million requires that the demolisher of the religious tempting to infiltrate China. fires set each year, we see our firefighters properties must consult with the religious 2. If they recognize equality among all the organization that owns the religious prop- religions, they should recognize the Chinese rushing to the scene saving countless lives erties or the organization that owns the site house churches that have existed for 60 years and sometimes giving theirs in return. for religious activities, and solicit the opin- and that are approved by the TSPM. I know sometimes younger people idolize ions from Bureau of Religion which has ju- 3. If they want to have administration on professional athletes and cheer for their favor- risdiction over the area where the religious religions in accordance with law, they should ite sports teams. And the same could be said properties are located; second, the pre- require that the state law and regulations for some adults too. But if you really want to condition for the demolition is that both the meet with the relevant international conven- see true teamwork search no further than your owner of the religious properties and the Bu- tions, such as revising the registration sys- reau of Religion must agree to the demoli- local fire station. It is here where men and tem for religious organizations and change it women work together and count on each other tion and relocation; third, in the case of to the system of record filing from the cur- demolition and relocation, priority should be rent system of review and approval; they to protect lives. Their service demonstrates given to the rebuilding of the site for reli- should let the parents decide first of all or courage, camaraderie, and bravery. gious activities. That article requires that mainly the issue of the religious belief of It is time that we honor those men and one must solicit the views from the Bureau their minor children, instead of using state women who have given their lives and those of Religion in the demolition and the reloca- control by force on this issue; they should that were disabled in the line of duty. I urge tion. In fact, it requires the Bureau of Reli- respect and protect religious properties and the President to designate a day as National gion to implement its obligation of pro- prevent special interest groups from infring- tecting the legitimate rights of religious or- Firefighters Memorial Day and I urge my col- ing upon the legitimate interests of the peo- leagues to support this very important legisla- ganizations or sites for religious activities, ple in religious circles. and ensure the religious activities be held in 4. The religious case widely regarded as a tion. a normal manner and maintains the har- litmus test on the freedom of religion in f mony of religious relationships. China is the religious case in Linfen, Shanxi PERSONAL EXPLANATION At the end of 2007, Hu Jintao made a that just happened last month and is still speech on religion in which he explicitly worsening. pointed out that the government should re- Jindengtang Church of Linfen is a house HON. DEVIN NUNES flect the will of the believers and earnestly church. It has a history of 30 years and it OF CALIFORNIA safeguard the legitimate rights of the people currently has a membership of 50,000 people. in the religious circle. IN THE HOUSE OF REPRESENTATIVES After its religious properties at the church The current problem is that the conflict Monday, November 2, 2009 over religious properties between the growth in Fushan County were demolished, they of religion and the economic development were cracked down during their negotiations Mr. NUNES. Madam Speaker, on the legis- (i.e. the interests of special interest groups) with the government. At this time, over 30 of lative day of Thursday, October 29, 2009, I is becoming more and more prominent. For its church branches are forbidden to gather. was unavoidably detained and was unable to example, in the religious properties case in The pastor, his wife and core-co-workers cast a vote on a number of rollcall votes. Had Tianshui, Gansu province in 2006, the believ- have been arrested. The US Congress may communicate with the Chinese government I been present, I would have voted: rollcall ers had to use the sit-in demonstrations to 823—‘‘nay’’; rollcall 824—‘‘nay’’; rollcall 825— defend their rights. Because the local gov- on this case through appropriate manners. ‘‘yea’’; rollcall 826—‘‘nay’’; rollcall 827—‘‘yea’’; ernment changed its hard-line attitude in a f timely manner, held negotiations with the rollcall 828—‘‘aye’’; rollcall 829—‘‘aye’’; rollcall church, united the believers in a maximum NATIONAL FIREFIGHTERS 830—‘‘yea’’; rollcall 831—‘‘yea.’’ manner, and proposed a solution to safe- MEMORIAL DAY f guard the legitimate rights of the people in the religious circle, the incident was re- SPEECH OF 18TH ANNIVERSARY OF THE EN- solved in a way both sides were relatively THRONEMENT OF ECUMENICAL satisfied, and it quickly restored the social HON. CANDICE S. MILLER PATRIARCH BARTHOLOMEW stability. In the case involving religious OF MICHIGAN properties in Taian, Shandong province in IN THE HOUSE OF REPRESENTATIVES 2007, the believers defended their rights by HON. JOHN P. SARBANES guarding the religious properties, demanding Wednesday, October 28, 2009 OF MARYLAND IN THE HOUSE OF REPRESENTATIVES that provincial CCC/TSPM intervene, peti- Mrs. MILLER of Michigan. Mr. Speaker, I tioning at the government site and peti- Monday, November 2, 2009 tioning in higher authorities. The two sides rise today in strong support of H. Res. 729, to finally reached a compromise. The advan- designate a National Firefighters Memorial Mr. SARBANES. Madam Speaker, today, tages of the two cases in Gansu and Day to honor the courage, bravery, service November the 2nd, marks the 18th anniver- Shandong have these following characteris- and sacrifice of the Firefighters of the United sary of the enthronement of Ecumenical Patri- tics in common: The religious properties are States. arch Bartholomew, who as the first among protected either with land for land exchange Firefighters are the backbone of our com- equals, presides over a spiritual communion of or remained unchanged. munities. Of the 1,000,000 firefighters in self-governing churches that represent 300 III. MY PROPOSALS America, 71 percent are volunteer firefighters. million Orthodox Christians from around the Mr. Wang Zuoan, the new director at State They are often the first to respond to an emer- world. Throughout the eighteen years of his Administration for Religious Affairs, pointed gency, whether the emergency is a fire, trans- ecumenical ministry, Ecumenical Patriarch out in a recent speech in welcoming the portation accident, natural disaster, act of ter- United Religious Delegation from the U.S., Bartholomew has asked all of us to act with that the characteristics of the relationship rorism, medical emergency, or spill of haz- sensitivity and understanding towards our in China between the state and the church ardous materials. These great men and brethren and towards our natural environment. are: separation of the church and the state, women respond to nearly 2 million calls each When the Iron Curtain came down, His All equality among all the religions, administra- year without hesitation. They have an unwav- Holiness provided spiritual and moral support tion according to law, and political partici- ering dedication to protecting those that are in to those traditionally Orthodox countries that pation. distress. suffered religious persecution under the yoke Currently, the key issue is that only reli- First responders are often under-appre- of communism. And after years of historical gious organizations that are affiliated to the government are regarded as legal religious ciated and taken for granted until crisis strikes tension, Ecumenical Patriarch Bartholomew entities. Only by being in such a status can and the public reaches out for help and res- and Pope John Paul II earnestly pursued upon the organizations hold all the religious ac- cue. Against all common sense and natural in- the reconciliation of the Roman Catholic and tivities. In other words, the state protects stinct, firefighters rush to the scene of an Orthodox Christian Churches. religious activities in this sense. Otherwise, emergency and into harm’s way without the In 1997, recognizing Ecumenical Patriarch all other activities are illegal ones and slightest hesitation. While our natural instinct Bartholomew’s robust activity and positive in- should be restricted or cracked down. is to run away from the fire—our fire fighters fluences upon the world, this House awarded Therefore, the Congress should work with the Chinese government and promote change are running in. him with the Congressional Gold Medal. And in the following areas: Without the promise of any fame, fortune, or when our country was attacked in New York 1. If they implement the separation be- so much as a simple ‘‘thank-you’’, firefighters and in Washington, His All Holiness assem- tween the state and the church, they should remain constantly vigilant and ready to serve. bled a group of international religious leaders

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.010 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2679 to produce the first joint statement with Muslim rial Day’ to honor and celebrate the firefighters Amount Provided: Not Stipulated leaders that condemned the 9/11 attacks as of the United States.’’ Had I been present, I Account: U.S. Army Corps of Engineers— ‘‘anti-religious.’’ would have voted ‘‘aye.’’ Section 205 Although His All Holiness speaks English, f Recipient: Rock Island Illinois Corps Office/ French, German, Greek, Italian, Latin and Mason City, Iowa Turkish, he is more widely known for his ef- CONFERENCE REPORT ON H.R. 2996, Recipient’s Street Address: Clock Tower forts at promoting interfaith dialogue. As a DEPARTMENT OF THE INTERIOR, Bldg., Rodman Ave, Rock Island, IL 61201 Christian leader of global significance who is ENVIRONMENT, AND RELATED Description: Continuation of authorized ac- domiciled in a country with a population that is AGENCIES APPROPRIATIONS tivities. 99 percent Muslim, Ecumenical Patriarch Bar- ACT, 2010 This project is related to mitigating recurring tholomew’s everyday life experience gives him flood problems in Iowa, and provides for con- SPEECH OF a unique, mature and realistic perspective for tinuation of flood control strategies being un- engaging in this interfaith dialogue. And it is HON. CHRIS VAN HOLLEN dertaken by the Corps. from these everyday life experiences that the OF MARYLAND f moral timber of His All Holiness shines bright- IN THE HOUSE OF REPRESENTATIVES est, where even in the face of Turkish govern- RECOGNIZING LIBERTY ISD STAFF Thursday, October 29, 2009 ment sanctioned discrimination, oppression FOR EXCEPTIONAL SERVICE and outright physically threatening provo- Mr. VAN HOLLEN. Madam Speaker, I rise cations, he steadfastly remains committed to in support of this FY 10 Interior-Environment HON. TED POE interfaith conciliation, and supports peace- Conference Report and the key investments it OF TEXAS makers of all religions and stands firm upon makes to clean up our water, improve our na- IN THE HOUSE OF REPRESENTATIVES tional parks, combat climate change and pro- his conviction that war in the name of religion Monday, November 2, 2009 is war against religion. mote the arts. Beyond urging humanity to seek peace in In order to remedy the previous administra- Mr. POE of Texas. Madam Speaker, those fraternal harmony, Ecumenical Patriarch Bar- tion’s underinvestment in our Nation’s water who educate our children today, shape the tholomew has more than any other religious infrastructure, this legislation provides $2.1 bil- leaders of tomorrow. I rise today to recognize leader promoted the spiritual dimension of lion for the Clean Water State Revolving Fund six outstanding staff members of the Liberty environmentalism. In 2008, Time Magazine and $1.38 billion for the Drinking Water State Independent School District for their out- named Ecumenical Patriarch Bartholomew to Revolving Fund. These investments will go a standing commitment to education. its list of the world’s 100 most influential peo- long way toward modernizing our aging waste- Dottie Barrier—Business Secretary, Robby ple, where the Archbishop of Canterbury water systems and delivering safe drinking Fontenot—Social Studies Teacher and Coach, Rowan Williams acknowledged that ‘‘This water to all of our citizens. Margaret Lee—Chief Financial Officer for brave and visionary pastor has given a com- Additionally, I am pleased that today’s con- LISD, Mike Tabors—Custodian, Abbey Turn- pletely new sense to the ancient honorific [Ec- ference report contains $2.7 billion for our na- er—Math Teacher, and Melissa Zalesak— umenical Patriarch]; his work puts squarely on tional parks. In addition to sustaining ongoing Math Computer Lab Teacher were awarded our agenda the question of how we express park operations, this funding will help the Na- the district’s 212-degree medal in honor of spiritual responsibility for the world we live in.’’ tional Park Service continue to upgrade our their service and dedication to Liberty schools. For his unparalleled spiritual commitment to parks ahead of the Service’s 2016 centennial The philosophy of the 212-degree medal the natural environment, His All Holiness has celebration. was best explained by Principal Bruce been dubbed the ‘‘Green Patriarch.’’ The As Congress works to finalize comprehen- Lacefield, ‘‘At 211 degrees, water is very hot. Green Patriarch has challenged people of faith sive clean energy and climate change legisla- At 212 degrees, water begins to boil. By ap- to acknowledge that ecological questions are tion, this bill invests $385 million in climate plying that one extra degree so much more spiritual matters of concern for all humanity change research and abatement, including can be accomplished. Never give up. Just try and that ‘‘a world in which God the Creator $17 million to continue development of a a little harder.’’ uses the material stuff of the universe to com- Greenhouse Gas Registry and $51 million for These six 212-degree medal recipients work municate who he is and what he wants is one EPA’s Energy Star program. tirelessly to improve the lives of their students that demands reverence from human beings.’’ Finally, this FY 10 Interior-Environment Con- and fellow faculty. Their willingness to going Just last week, His All Holiness presided ference report includes $167.5 million for the the extra mile makes them outstanding exam- over the Religion, Science and the Environ- National Endowment for the Arts and $167.5 ples and I commend them for their efforts and ment Symposium entitled Restoring Balance: million for the National Endowment of the Hu- congratulate them on their achievement. The Great Mississippi River, and just last manities to foster excellence and greater ac- f night, His All Holiness arrived at Andrews Air cess to our Nation’s cultural heritage. EARMARK DECLARATION Force Base for a weeklong visit to our Capitol Madam Speaker, in addition to these na- city. I offer my congratulations to His All Holi- tional priorities, I am particularly gratified that ness for his good deeds in the pursuit of inter- this legislation includes $50 million in core HON. J. RANDY FORBES faith peace and reconciliation, for his concern funding for the Environmental Protection OF VIRGINIA with our natural environment and for his activ- Agency’s Chesapeake Bay program, and IN THE HOUSE OF REPRESENTATIVES ism that has brought him to the shores of $750,000 for the city of Rockville to rehabili- Monday, November 2, 2009 America to help draw attention to the need to tate its sanitary sewer system. This is impor- restore our environment, such as the need to tant, fiscally responsible legislation, and I urge Mr. FORBES. Madam Speaker, pursuant to restore to health the great Mississippi River. my colleagues’ support. the Republican Leadership standards on ear- It is a wonderful honor that His All Holiness f marks, I am submitting the following informa- is here in America upon the day of the 18th tion regarding earmarks I received as part of anniversary of his enthronement as Ecumeni- EARMARK DECLARATION H.R. 3183, the Energy and Water Develop- cal Patriarch during his visit to our country. ment and Related Agencies Appropriations Act, 2010. f HON. TOM LATHAM OF IOWA Requesting Member: Congressman J. PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES RANDY FORBES Bill Number: H.R. 3183 HON. ILEANA ROS-LEHTINEN Monday, November 2, 2009 Account: Army Corps of Engineers, Inves- OF FLORIDA Mr. LATHAM. Madam Speaker, pursuant to tigations IN THE HOUSE OF REPRESENTATIVES the House Republican standards on earmarks, Legal Name of Requesting Entity: Army I am submitting the following information. Corps of Engineers Monday, November 2, 2009 Bill Number: H.R. 3183—Energy and Water Address of Requesting Entity: 803 Front Ms. ROS-LEHTINEN. Madam Speaker, on Development and Related Agencies Appro- Street, Norfolk, VA 23510 rollcall No. 831, on a Motion to Suspend the priations Act, 2010. Description of Request: Provides $70,000 to Rules and Agree to ‘‘Expressing support for Project Name: Winnebago River, Mason conduct a feasibility study to address flooding designation of a ‘National Firefighters Memo- City, Ia. concerns and environmental restoration. The

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.014 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2680 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 Dismal Swamp is maintained as a swamp by resolution with my good friend Representative TRIBUTE TO DR. GAINES fixed weirs across the drainage ditches to re- ROSA DELAURO, on behalf of Kristen Martinez PARTRIDGE strict the flow of water out of the swamp and and over 155,000 women and men who are inward to Lake Drummond in the middle of the presently living with metastatic breast cancer. HON. PARKER GRIFFITH Dismal Swamp. The water exiting Lake Drum- OF ALABAMA mond through a feeder ditch is used to main- f IN THE HOUSE OF REPRESENTATIVES tain the level of water in the Dismal Swamp Canal, a portion of the Atlantic Intracoastal CELEBRATION OF MRS. MAGGIE Monday, November 2, 2009 Waterway. When Lake Drummond spilled from KATIE BROWN KIDD’S 105TH Mr. GRIFFITH. Madam Speaker, I rise today its banks due to heavy rains, it inundated BIRTHDAY to honor the life of Dr. Gaines Roland Par- areas of the city. The public perceives that the tridge. Dr. Partridge had a rewarding career in Corps may have prevented or minimized the education that spanned over five decades. flooding by diverting the floodwaters from Lake HON. DAVID SCOTT The scope of his accomplishments and con- Drummond through the navigation locks at tributions transcended every level of academia OF GEORGIA Deep Creek, Virginia, and at South Mills, in various capacities, as he served our com- North Carolina. IN THE HOUSE OF REPRESENTATIVES munity as a teacher, principal, Dean, Pro- f fessor, Department Chair and, in retirement, a Monday, November 2, 2009 student liaison. PERSONAL EXPLANATION Mr. SCOTT of Georgia. Madam Speaker, as Dr. Partridge’s rich legacy was as impres- sive as it varied. His relationship with and in- HON. K. MICHAEL CONAWAY the Proverb states, ‘‘Who can find a virtuous woman? For her price is far above rubies.’’ I fluence on students continues. Few individuals OF TEXAS rise today to recognize a truly virtuous woman can measure the impact of their accomplish- IN THE HOUSE OF REPRESENTATIVES ments in such significant numbers. As a result whose life is not only far above rubies, but of his passionate advocacy on behalf of minor- Monday, November 2, 2009 one of great milestones and accomplishments ity applicants to Loma Linda University, nearly Mr. CONAWAY. Madam Speaker, on rollcall that is worthy of celebration. On November 800 African American students have become No. 829—Motion to recommit H.R. 3854, had 27th of this year, Mrs. Maggie Katie Brown alumni of the institution during his tenure. I been present, I would have voted ‘‘yea.’’ Kidd will turn 105 years old and I am honored Affectionately referred to as ‘‘Doc,’’ Dr. Par- f to serve as a spokesman for Mrs. Kidd’s fam- tridge was steadfast to the cause of self-deter- ily members and friends who will recognize NATIONAL METASTATIC BREAST mination in the Seventh-Day Adventist Church. her birthday with a party in her honor. CANCER AWARENESS DAY He provided leadership in the fight to deter- Born during President Theodore Roosevelt’s mine the pace, direction, and outcome of their SPEECH OF second term in office, Mrs. Kidd has been efforts to establish and implement ministry pri- HON. JOHN B. LARSON blessed to see 17 Presidents in her lifetime. orities. The eleventh and youngest child of William Madam Speaker, I wish to recognize Dr. OF CONNECTICUT and Lucy Brown, Mrs. Kidd learned the impor- Gaines Partridge on a phenomenal life as ed- IN THE HOUSE OF REPRESENTATIVES tance of hard work and faith in God at an ucator. His legacy will continue to empower Wednesday, October 28, 2009 early age. Baptized at the Mount Zion Baptist students for years to come. Mr. LARSON of Connecticut. Mr. Speaker, I Church by the Reverend Henry Gresham, she f rise today in support of House Resolution 787 served under the leadership of the Reverend SMALL BUSINESS FINANCING AND designating October 13th as National Meta- W.M. Combs until she moved to her current INVESTMENT ACT OF 2009 static Breast Cancer Awareness Day. home in Atlanta Ga. However, her faith is her At a health care public forum I held in my Lord and her dedication to the church never SPEECH OF district on October 25th, I had the great pleas- left her and she instilled the traditions of faith HON. DAVID WU ure of meeting a woman of true inspiration. and her work in her own family. She married OF OREGON Kristen Martinez of Colebrook, at the age of the late Willie Kidd, III on November 30, 1940, IN THE HOUSE OF REPRESENTATIVES 31, was diagnosed with Stage 4 metastatic and together they raised their two children, breast cancer. She had no idea the severe John and Rosalyn. She is also the proud Thursday, October 29, 2009 back pains and chronic fatigue were clear grandmother to four and the great-grand- The House in Committee of the Whole symptoms of cancer, but they were signs the mother to three and serves as the matriarch of House on the State of the Union had under cancer spread to her bones. As she stated, her loving family. consideration the bill (H.R. 3854) to amend she was forced to face her own mortality as the Small Business Act and the Small Busi- diagnosis touched her life during a time when Mrs. Kidd’s family describes her as a loving ness Investment Act of 1958 to improve pro- she ‘‘was on top of the world.’’ and selfless member of her community, offer- grams providing access to capital under such Kristen, like many women living with meta- ing her time and whatever she has to those in Acts, and for other purposes: static breast cancer, has faced a constant need. She is also an avid quilter and partici- Mr. WU. Mr. Chair, I rise today in support of cycle of switching from different treatment pates in family gatherings and activities out- H.R. 3854, the Small Business Financing and methods. In her own words, Kristen said ‘‘liv- side of Georgia. Her most favorite moments, Investment Act. ing with metastatic breast cancer has been a however, are the ones on a quiet afternoon I.also want to thank my colleague from Or- journey filled with every emotion one could stitching in her favorite chair. egon, Congressman KURT SCHRADER, for imagine.’’ But as a testament to her own per- bringing this important bill to the floor. Madam Speaker, I am so honored to serve sonal strength, she has faced the illness head- H.R. 3854 will create incentives for small as Mrs. Kidd’s representative. Her life is a liv- on. business lending, reduce bureaucracy, and in- ing history of the times and events that have She has become an advocate on behalf of crease the size of SBA loans in order to help young woman across our nation living with shaped our great land and is a monument to loosen credit and get capital flowing again to breast cancer. As an active member of the how far we’ve come as a nation. Moreover, small businesses. Metastatic Breast Cancer Network, Young her life serves as a testament to individuals Furthermore, H.R. 3854 addresses an im- Survival Coalition, a graduate of the National and families everywhere that a strong unbind- portant issue tied to health care reform, the Breast Cancer Coalition’s Project Lead and a ing faith in the Lord, coupled with hard work cost of health information technology for small volunteer patient advocate for breast cancer and a dedication to family will carry you far in practice providers. These provisions were part survivors, Kristen has provided motivation and life. As the Proverb states, ‘‘favour is deceitful, of Congresswoman DAHLKEMPER’s Small Busi- encouragement for fellow women facing this and beauty is vain: but a woman that feareth ness Health Information Technology Financing debilitating disease. the LORD, she shall be praised’’. Mrs. Maggie Act. In her own right, she has emerged from this Katie Brown Kidd truly embodies the example This bill will streamline loan processing for battle as a stronger woman, devoted to giving of a virtuous woman and I ask my colleagues health information technology by reducing pa- back to her community and the young women to join me in recognizing her life by wishing perwork for both the lender and applicant, and of our nation. I am proud to co-sponsor this her a very happy 105th birthday. require a 72-hour response time by SBA on

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K02NO8.003 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2681 decisions to guaranty loans. Under the bill, and costs associated with blood transfusion RECOGNIZING HISPANIC HERITAGE health information technology loans will be through transfusion-free medical and surgical MONTH guaranteed 90 percent by the SBA, a factor techniques. SPEECH OF that will encourage robust lender participation I would also like to recognize the important in the program. work of Englewood Hospital and Medical Cen- HON. BETTY SUTTON Health IT has the potential to reduce costs ter, which is located in my congressional dis- OF OHIO and medical errors, while encouraging greater IN THE HOUSE OF REPRESENTATIVES trict, to further the goals and ideals of this im- efficiency. It will be an essential component of Wednesday, October 28, 2009 our efforts to reform health care. portant event. The Hospital’s Institute for Pa- However, to use health IT most effectively, tient Blood Management and Bloodless Medi- Ms. SUTTON. Mr. Speaker, I rise today in we must first address three barriers to its cine and Surgery is a world-renowned leader strong support of H. Res. 783 to recognize widespread adoption: technical standards and in patient blood management. I commend the Hispanic Heritage Month. This resolution cele- interoperability, workforce training, and the re- physicians of the Institute for their commitment brates the vast contributions that Hispanic- alignment of financial incentives. to improving patient outcomes and educating Americans have made to the history, values This bill can help to address a part of the the medical community about best practices in and culture of our great nation. third, which involves the cost of implementa- blood management. Since the arrival of the earliest Spanish set- tlers more than 400 years ago, millions of His- tion. panic men and women have come to the U.S. I.have long believed that we should continue f from Europe, Central and South America, to look at ways that we can create more in- Puerto Rico and Cuba in search of freedom, centives for small practice doctors to adopt RECOGNIZING FAYE SCHNEIDEWIND FOR 50 YEARS peace and opportunity. health information technology. It’s important to Their commitment to these American prin- OF SERVICE TO JERRY’S DRIVE- note that 80 percent of all outpatient visits ciples has contributed immensely to the pros- IN take place in practices with 10 or fewer doc- perity and cultural development of our nation. tors. It is essential that these practices receive With a population totaling 47.5 million, His- the assistance they need in order to be able panics represent the fastest-growing ethnic to implement health IT. HON. JEFF MILLER group in America. The larger barrier to health IT adoption is OF FLORIDA According to a 2000 U.S. Census Bureau that its associated costs and benefits are not report, three of the top 10 counties with the realized equally between health care providers IN THE HOUSE OF REPRESENTATIVES highest Hispanic population in the country lie and payors. The financial benefit of health IT Monday, November 2, 2009 at least partly within Ohio’s 13th District. accrues to the payor—the insurer—while pro- More than 24,000 Hispanics and Latinos re- viders are the parties most likely to bear the Mr. MILLER of Florida. Madam Speaker, I side in my district, representing nearly 4 per- cost. rise today to recognize Ms. Faye cent of the population. In the city of Lorain, The challenges of implementing health IT Schneidewind upon the occasion of her 50th Hispanics make up 20 percent of the popu- vary greatly from large health systems to year of loyal service to Jerry’s Drive-In, a Pen- lation. smaller medical practices. Small medical prac- sacola, Florida, landmark. Miss Faye is an inti- And, like all Americans today, Latinos re- tices, which may have to incur initial costs of main focused on the economy and its recov- mate part of the fabric of our northwest Florida up to $200,000—around $40,000 per physi- ery. community, and I am proud to recognize her cian—for a system, may see little, if any, fi- Hispanic-Americans in my district are sup- on this achievement. nancial benefit from its applications. It’s no ported by community centered organizations, wonder health IT has a deployment rate of Faye Schneidewind grew up in Pensacola such as El Centro de Servicios Sociales. less than 20 percent in these offices. and still lives only a few blocks from Jerry’s. Located in the City of Lorain, El Centro is a I.have been working with the Education and The 80-year-old great-grandmother started Hispanic-Latino non-profit advocacy organiza- Labor Committee and leadership to address working as a waitress at the diner when she tion. It works to provide social, educational, this issue in health care reform moving for- was just 21. After a few years away, Miss cultural and development services that are es- ward. Faye returned to Jerry’s on November 5, sential to members of our communities. H.R. 3854 will provide financial assistance 1959, her sister’s birthday. She has been Our country’s success rests on the long- standing ideal that anyone—regardless of eth- to these small practices, and I wholeheartedly serving the customers at Jerry’s ever since. nicity, gender, race or religion—can achieve support this legislation. Miss Faye knows just about everyone who the American dream. f walks through the doors at Jerry’s, and always With Hispanic culture rooted deeply in my SUPPORTING THE GOALS AND provides a warm smile, a hot meal, and good district, I am proud to celebrate the contribu- IDEAS OF THE THIRD ANNUAL conversation. She is as much a part of the tions and heritage of our country’s Hispanic BLOOD MANAGEMENT AWARE- history of Jerry’s as memorabilia stretching community. And, it is my honor to serve His- NESS WEEK across its walls. panic Americans as a member of Congress. Jerry’s Drive-In is a truly family restaurant. f HON. STEVEN R. ROTHMAN Originally named Jerry’s Barbeque, Jerry’s RECOGNIZING ARTE MORENO, RE- OF NEW JERSEY Drive-In was opened by Jerry Glass in 1939. CIPIENT OF THE 2009 GUIDING IN THE HOUSE OF REPRESENTATIVES Raymond ‘‘Grandpa’’ Wessel purchased the LIGHT PHILANTHROPY AWARD restaurant in the early 1950’s with his son Bill. Monday, November 2, 2009 The Wessels lived in an apartment above the HON. HARRY E. MITCHELL Mr. ROTHMAN of New Jersey. Madam restaurant. Even after the restaurant was sold, Speaker, I rise today to mark the beginning of OF ARIZONA Mr. Wessel continued to maintain his resi- IN THE HOUSE OF REPRESENTATIVES the third annual Blood Management Aware- dence above Jerry’s. Robert, Jimmy, and Pam Monday, November 2, 2009 ness Week. November 2nd through November Halstead bought Jerry’s in 1997 and have 6th has been designated as Blood Manage- continued its tradition of great food and great Mr. MITCHELL. Madam Speaker, I rise ment Awareness Week by the Society for the service. today to recognize Arte Moreno, who has Advancement of Blood Management. This been honored by the Tempe Community event is dedicated to educating patients and Madam Speaker, on behalf of the United Council with this year’s Guiding Light Philan- healthcare workers about blood management States Congress, I am honored to recognize thropy Award. The Tempe Community Council and blood issues. Faye Schneidewind on 50 years of dedicated seeks to recognize individuals who have a di- Blood management is the appropriate provi- service to Jerry’s Drive-In. She is and always rect impact on the success of Tempe pro- sion and use of blood and its components and will be an invaluable part of our Pensacola grams and services through generous financial derivatives, and strategies to reduce or avoid heritage. My wife Vicki and I wish Miss Faye, support, and Arte’s contributions to the com- the need for a blood transfusion. Optimal pa- her daughter, her two granddaughters, her munity have been outstanding. tient blood management employs technology nine grandchildren, and her entire extended As a lifelong resident and former mayor of and techniques to decrease blood loss and to family at Jerry’s all the best for continued suc- Tempe, I am incredibly proud of Arte’s incred- enhance blood cell production. It reduces risks cess. ibly generous gift to the Tempe Community

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A02NO8.020 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2682 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 Foundation, which will create positive and dra- Please join me in recognizing: Dean Speaker I would like to extend to these brave matic impacts now and for generations to Sangalis—Major General, United States Ma- soldiers my most sincere personal thanks for come. Arte is also the founder of the Moreno rine Corps, Robert Andree—Lieutenant Colo- their honorable service to our nation. They Family Foundation, which is dedicated to sup- nel, United States Army, Al Kuchar—Major, have helped maintain our security through porting non-profit organizations in the area. United States Army, Tony Fileff—First Lieuten- some of our country’s most trying times, as we Through the foundation, Arte has made signifi- ant, United States Marine Corps, Juan Ar- adapt to unconventional threats. I know that cant contributions to many notable organiza- royo—Sergeant, United States Air Force, Ray my words reflect the feelings of all citizens of tions, such as the American Heart Association, Bryant—Sergeant, United States Army, Jerry our Nation when I say that these men and the Heard Museum, the Society of St. Vincent Bernstein—Sergeant, United States Army, women are true American heroes. De Paul to name only a few. In addition to James Keough—First Lieutenant, United f Arte’s inspiring philanthropic efforts, he has States Army Corps of Engineers, Gary Max- become a towering figure in the world of well—Petty Officer First Class, United States NATIONAL FIREFIGHTERS sports as the owner of the Los Angeles An- Navy, Ray Snemis—Petty Officer Second MEMORIAL DAY gels of Anaheim baseball team, which con- Class, United States Navy, and Ed Dernule— ducts its spring training in Tempe, and which Petty Officer Third Class, United States Navy SPEECH OF has won the American League Western Divi- Reserve. HON. MIKE QUIGLEY sion championship in 2004, 2005, 2007, 2008, The great sacrifice made by these men and OF ILLINOIS and 2009. all those who have served our country has re- Through the kind gifts of Arte Moreno, sulted in the freedom and prosperity of our IN THE HOUSE OF REPRESENTATIVES Tempe is a more prosperous and successful country and of countries around the world. I Wednesday, October 28, 2009 city to benefit all of its residents. commend these men and all veterans who Mr. QUIGLEY. Mr. Speaker, I rise today to Madam Speaker, I hope you will join me in have served this country for their bravery, speak in support of designating a National recognizing Arte’s remarkable benevolence courage, and undying commitment to patriot- Firefighters Memorial Day. The dedicated men and goodwill towards his community. ism and democracy. We will forever be in- and women who have lost their lives in the f debted to our veterans and their families for line of duty will never be forgotten and I ex- the sacrifices they made so that we can enjoy MERRILLVILLE ROTARY CLUB press my deepest gratitude for the brave work our freedom. they did protecting their communities. Madam Speaker, I ask that you and my Firefighters are the ones running into a HON. PETER J. VISCLOSKY other colleagues join me in thanking the burning building when everyone else is run- OF INDIANA Merrillville Rotary Club for taking this oppor- ning out. The sacrifices they and their families IN THE HOUSE OF REPRESENTATIVES tunity to honor their veterans and in saluting make on a daily basis are as incredible as Monday, November 2, 2009 these 11 men, and all veterans, who have they are honorable. These men and women fought for our great country. Mr. VISCLOSKY. Madam Speaker, embody the spirit, commitment and sacrifice f Wednesday, November 11, 2009, marks the that define America. observance of Veterans Day, a day in which HONORING THE 56TH BRIGADE The images of firefighters on September 11, we, as a grateful nation, honor our veterans, (STRYKER) AND 2–112TH INFAN- 2001 left an indelible mark on all Americans. who have pledged allegiance to their country TRY BATTALION (STRYKER) We saw firefighters entering flaming buildings, through their service in the United States mili- putting others’ lives ahead of their own, and tary. This day is set aside to recognize the standing tall when they were needed most. HON. BILL SHUSTER Their courage continues to both haunt and in- boldness and bravery of those who have OF PENNSYLVANIA spire us. fought to uphold the standards of democracy IN THE HOUSE OF REPRESENTATIVES and to defend the United States of America. But we must remember that everyday fire- On Veterans Day, in cities and towns across Monday, November 2, 2009 fighters across the country are still performing America, proud citizens will pay tribute to our Mr. SHUSTER. Madam Speaker, I rise heroic acts and saving lives. Since 2006, 313 esteemed veterans with ceremonies, presen- today to honor the troops of the Second of the firefighters have died on the job. And every tations, and programs to show their gratitude 112th Infantry Battalion (Stryker), 56th Stryker year, another 40,000 are injured. Firefighters to those who have sacrificed so much. I would Brigade, 28th Infantry Division, Pennsylvania are constantly called on to put themselves in like to take this time to recognize one such Army National Guard that was deployed and harm’s way and those that are no longer with event hosted by the Merrillville, Indiana, Ro- participated in Operation Iraqi Freedom. us deserve to be recognized and celebrated. tary Club. On Veterans Day, the Merrillville The 56th Brigade (Stryker) and 2–112th In- I want to thank Representative POE for branch of Rotary International will host an fantry Battalion (Stryker) is the only reserve bringing House Resolution 729 to the Floor event at the Radisson Hotel at Star Plaza in component selected to be a Stryker unit. and urge the rest of my colleagues to join me Merrillville, celebrating the patriotism and pride Headquartered out of Lewistown, Pennsyl- in designating a National Firefighters Memorial of all veterans, while paying special tribute to vania, and based at Camp Liberty in Iraq, the Day to commemorate the lives of our fallen 11 members of their club who served their brave soldiers of this Stryker unit went into the firefighters. country in the United States military and con- hostile Abu Ghraib sector of Iraq with approxi- f tinue to serve their community as loyal Rotar- mately 800 soldiers. Company A hails from ians. the Huntingdon-Everett area, Company B is RECOGNIZING THE WORK OF Founded in Chicago in 1905 as the Rotary comprised of soldiers from Altoona, and the LARRY METZGER Club of Chicago, Rotary International is the Tyrone-Bellefonte area makes up Company C. world’s first service club. A global organiza- These brave American heroes were a part of HON. PATRICK J. TIBERI tion, Rotary now boasts more than 33,000 the particularly successful Stryker Task Force OF OHIO clubs in over 200 countries, with a member- Paxton that conducted lethal terrorist oper- IN THE HOUSE OF REPRESENTATIVES ship of more than 1.2 million. At the core of ations against Al Qaeda and the insurgent Rotary International is a commitment to ‘‘pro- forces. The 2–112th Infantry Battalion Monday, November 2, 2009 viding humanitarian service, encouraging high (Stryker) accomplished the most active and Mr. TIBERI. Madam Speaker, with great ethical standards in all vocations, and helping successful time sensitive enemy targeting in pleasure I rise to recognize the distinguished to build goodwill and peace in the world.’’ The the highly contested Baghdad region of Iraq career of the CEO of the Columbus Board of Merrillville Rotary Club, through its commit- while suppressing the instability. Realtors, Larry Metzger. ment to improving educational opportunities Not only have these brave men and women Since World War II, homeownership has for students, as well as the active role its put their lives on the line for the peace and been at the root of America’s vitality and members have taken in creating youth-ori- prosperity of our nation, but they also contrib- growth. Where homeownership flourishes ented programs, is a true source of pride in uted to the betterment of another. The 2– neighborhoods prosper, as residents are more Northwest Indiana, so it is with great pride that 112th Infantry Battalion (Stryker) participated civic-minded, schools stronger and streets I join them in honoring eleven members who in operations which improved the human and safer. The spread of ownership and oppor- have selflessly served their country to pre- physical infrastructure of Iraq to include its tunity helps give us a vital stake in the future serve our freedom. economic capacity and schools. Madam of America and the chance to realize the great

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K02NO8.007 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2683 promise of our country. At the core of this the Bible. The teachings of the Holy Bible con- and his wonderful sense of humor. With his promise is the industry which helps make this tinue to guide many of us as we govern. wife Carol, he raised five children, all of whom dream a possibility. Realtors serve a vital role Madam Speaker, as we celebrate National graduated from U.C. Santa Cruz before ob- in the healthy propagation of homeownership; Bible Week, we remember the importance of taining advanced degrees in Library Science, therefore, those who contribute to the further- our faith, in both our public and private lives. Particle Physics, Medicine, Literature, and ance of this profession are deserving of our The National Bible Association is to be com- Law. He is survived by his wife Carol, with thanks and recognition. mended for their work inspiring interest in the whom he recently celebrated their 60th wed- For over two decades, Larry Metzger has teachings of the Holy Bible and God’s Word. ding anniversary, as well as his sister, five led the Columbus Board of Realtors with dis- I encourage everyone to read and seek com- children, and ten grandchildren. tinction as its chief executive officer. Dedi- fort in the Bible, during this week, and there- Madam Speaker, on behalf of the United cating his career to his fellow realtors, Larry after. States Congress, I would like to express the has built a tremendous reputation as a tireless f gratitude of the whole House to Edward New- advocate of his profession. His unparalleled man for his legacy of courage, honesty, and leadership and passion for the benefits of HONORING EDWARD F. NEWMAN love, inspiring us all to work for a better world. homeownership helped maintain the realtor He will be sorely missed. profession’s role in the tremendous growth of HON. SAM FARR f central Ohio, playing an irreplaceable part in OF CALIFORNIA the furtherance of the American Dream for IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION thousands. Monday, November 2, 2009 Through commendable love of his commu- HON. BARBARA LEE nity and fidelity to his craft, Larry stands as a Mr. FARR. Madam Speaker, I rise today to OF CALIFORNIA pillar in the central Ohio region. Therefore, I honor and pay tribute to my friend Edward F. am very pleased to thank him for all he has Newman, who recently died at age 85, for an IN THE HOUSE OF REPRESENTATIVES done for Ohio. inspiring life that promoted peace and social Monday, November 2, 2009 As a former realtor, I am especially pleased justice. He was a well-known and much loved Santa Cruzan. Ms. LEE of California. Madam Speaker, on to recognize Larry Metzger for his service to Thursday, October 29, I missed rollcall vote central Ohio and the realty community. Following high school he attended the School of Engineering at the University of No. 831 on H. Res. 729, expressing support f California Berkeley before joining the Navy to for designation of a ‘‘National Firefighters Me- PERSONAL EXPLANATION serve in World War II. As a young enlisted morial Day’’ to honor and celebrate the fire- man, he organized a brave challenge to the fighters of the United States. Had I been status quo, resulting in dismissal of a corrupt present, I would have voted ‘‘aye’’ on this roll- HON. K. MICHAEL CONAWAY call vote. OF TEXAS procurement officer. This experience taught him, at an early age, that even one person IN THE HOUSE OF REPRESENTATIVES f can make a difference in this world. He Monday, November 2, 2009 earned a law degree from U.C. Berkeley in NATIONAL PRINCIPALS MONTH Mr. CONAWAY. Madam Speaker, on rollcall 1951, and used his skills as an accomplished No. 831, H. Res. 729, had I been present, I writer, speaker, and advocate, to stand up for HON. BETTY McCOLLUM would have voted ‘‘yea.’’ justice and common people. OF MINNESOTA f Ed actively promoted the causes of peace IN THE HOUSE OF REPRESENTATIVES and social justice throughout his life. He vigor- CELEBRATING NATIONAL BIBLE ously opposed the Vietnam war and the inva- Monday, November 2, 2009 WEEK NOVEMBER 22ND TO 29TH, sion of Iraq. He served as president of the Ms. MCCOLLUM. Madam Speaker, I rise in 2009 Castro Valley Democratic Club, and later strong support of this resolution designating founded and served as president of the Peo- October 2009 as ‘‘National Principals Month.’’ HON. HEATH SHULER ple’s Democratic Club of Santa Cruz County. School leadership is important in ensuring OF NORTH CAROLINA He campaigned to protect the environment, that every child has access to a high-quality IN THE HOUSE OF REPRESENTATIVES abolish the death penalty, protect civil rights, education. I want to take this time to thank el- women’s rights, gay rights, and all human ementary, middle, and secondary school prin- Monday, November 2, 2009 rights. As a veteran, he became active in the cipals for their dedication and hard work in Mr. SHULER. Madam Speaker, I rise today Santa Cruz County Chapter of the Veterans of helping to make the schools in Minnesota’s to celebrate National Bible Week and encour- Foreign Wars, leading the chapter to advocate Fourth District a wonderful place to learn and age my colleagues to join me in commemo- for peace, and to oppose expansion of the grow. rating this important week. I am honored to military-industrial complex. With intelligence Principals do more than just manage the serve as a Congressional Co-Chair for Na- and humor, he exposed political hypocrisy, budget, discipline students, and improve stu- tional Bible Week, taking place from Novem- writing countless letters to the editor, and con- dent achievement. They serve as role models ber 22nd to 29th this year. As we gather with tributing columns to newspapers. and are instrumental in their students’ social family and friends to enjoy the Thanksgiving As an attorney, Ed Newman championed development and ability to solve family prob- Holiday, we should also take time to celebrate causes of the underdog, handling numerous lems. I am reminded of Ann Cassidy, my prin- the Holy Book which guides the lives of so pro bono matters to protect fundamental cipal at Central Grade School in South Saint many and has fundamentally shaped our great rights. He defended ordinary citizens in pro- Paul. She was the first woman I encountered nation’s history. We read in Proverbs 3:6 ceedings by the House Un-American Activities in a position of authority. As busy as Principal ‘‘think about Him in all your ways and He will Committee, and took cases for the American Cassidy was running a successful school, she guide you on the right paths.’’ Civil Liberties Union. In the 1980s, he took a always had time for her students. To this day, From the earliest American settlers onward, pro bono case to challenge gender discrimina- I remember her kind words and reassuring the Bible has played a pivotal role in the shap- tion, resulting in the court decision which presence. ing of our nation. Throughout our history, transformed the Santa Cruz Boys Club into Madam Speaker, I missed the vote on this many of our great leaders have turned to the the Santa Cruz Boys and Girls Club. He was resolution because I was negotiating a solu- Bible for direction and consolation. We are president of the Santa Cruz County Bar Asso- tion to address inequities in Medicare reim- blessed to live in the United States where we ciation in 1985. He was also a leader in the bursement that negatively impacts Minnesota. may worship as we please, with the freedom Starr King Unitarian Church, and he served as If I were still in grade school, Principal Cassidy to rejoice in the teachings of the Holy Bible committee chair and president of the Unitarian would have sat me down and told me, ‘‘Betty, without fear of persecution. Universalist Fellowship of Santa Cruz County. it is good that you were taking care of your The Bible provides important guidance and As a civic leader and activist, Ed Newman constituents but you must slow down and pay comfort in our daily lives, and it teaches the inspired his community with his eloquence, in- attention to what you are doing.’’ Now this is moral code that many of us live by. Our na- telligence, and tireless advocacy for justice. To always good advice whether you are a Mem- tion’s ideological foundations of justice, equal- his family and friends, Ed was known for his ber of Congress or an elementary school stu- ity, and service reflect the guiding principles of kindness, his wisdom, his outstanding cooking, dent.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K02NO8.009 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2684 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 TESTIMONY ON THE BOEING COM- ‘‘The Great Lakes are just a beachhead for It is an illusion. PANY’S 787 DREAMLINER ASSEM- invasions that are going to play out in lakes Standing in front of about 400 shorefront BLY LINE COMING TO CHARLES- across the country in the next century,’’ property owners at the annual Wisconsin Lakes Convention in downtown Green Bay, TON says University of Wisconsin ecologist Jake Vander Zanden. ‘‘It’s just the start.’’ University of Notre Dame professor David Dailey is painfully aware of this. Lodge dimmed the lights and gave a pointed HON. HENRY E. BROWN, JR. ‘‘I’m a nurse, so I knew to make it bleed presentation last spring about the biological OF SOUTH CAROLINA and wash it out,’’ she says of the cut suffered perils for a globe that has been stitched so from the molar-sized mussels. ‘‘I dried it off tightly together by increasingly efficient IN THE HOUSE OF REPRESENTATIVES and taped it.’’ transportation networks. Monday, November 2, 2009 Trouble came in the middle of the night Lodge pulled up a slide showing the Great Mr. BROWN of South Carolina. Madam when she woke with a throbbing, swollen Lakes are directly connected to 12% of the world’s ports. That means a mussel, fish or Speaker, I rise today to proudly announce that foot. By morning a tell-tale red streak was creeping up her leg. By sunset she was tak- even virus picked up at a bustling global the Boeing Company has chosen North ing a broad-spectrum antibiotic. port in a place like Antwerp, Belgium, can Charleston, South Carolina, as the site of a Dailey recovered from the bacterial infec- arrive in a matter of days at the Green Bay second assembly line for their 787 Dreamliner. tion, but her holiday was over. docks just outside the doors of the con- This is historic and exciting news for the It’s not the kind of story that makes a ference center at which Lodge spoke. Lowcountry and I, along with the rest of the headline. It’s just one infection from one cut. Then Lodge showed a slide that revealed State, warmly welcome Boeing’s expanded It’s just one person swimming in one inland 99% of the world’s ports are just two stops or presence in our community and the bright fu- lake. fewer away from the Port of Green Bay, or The problem is Wisconsin has more than any other commercial dock in the Great ture of employment and prosperity that they 15,000 inland lakes. Lakes. This is not a theoretical problem; bring with them. REAL TROUBLE FOR REAL ESTATE freighters are blamed for the arrival of near- I was proud to be a part of this process and ly 60 new species since the St. Lawrence Sea- Politicians have tried for years to force I sincerely congratulate the South Carolina way opened the Great Lakes to oceangoing overseas freighters to treat their ballast vessels 50 years ago. delegation, our State legislators, State officials water—used to steady the ships—before dis- And spreading that misery inland like so and all the other parties involved for their hard charging it at a Great Lakes port in ex- many viruses are the fishing boats, Jet Skis work and efforts in getting Boeing to North change for cargo. and other pleasure craft rolling on trailers The shipping industry acknowledges the Charleston. down the state highways that provide a 65 trouble it has pumped into the world’s larg- Finally, I would like to highlight the out- mph link between the Great Lakes and in- est freshwater system, and its leaders profess standing leadership of Boeing’s CEO, Mr. land waters. James McNerney, Jr., an accomplished busi- a desire to do something about it. Wisconsin now has 120 inland waterways Yet at the same time they have consist- nessman and high caliber individual. confirmed as infested with zebra mussels, ently fought regulations proposed by Great though there is not a comprehensive annual I thoroughly enjoyed working with him and I Lakes states to require freighters to install survey of each lake so the actual number am honored to welcome Mr. McNerney and onboard ballast treatment systems, claiming his wonderful company to the Palmetto State. could be much higher. they are impossibly stringent, expensive or Beyond slicing swimmers’ feet, zebra mus- f inconsistent from state to state. sels have been linked to inland lake out- Members of Congress, meanwhile, have re- THE NEED FOR THE GREAT LAKES breaks of blue-green algae that produce tox- peatedly vowed—and repeatedly failed—to ins that can kill an animal and can cause RESTORATION INITIATIVE craft an overarching national ballast law liver damage in humans. that is palatable to both the shipping indus- This algae was a problem in state waters try and environmentalists. during the 1960s and ’70s, but it faded with a HON. DAVID R. OBEY The result is the door remains open to in- OF WISCONSIN ban on laundry detergents that contained vasions, the most recent being the ‘‘bloody the phosphorous that fed its blooms. IN THE HOUSE OF REPRESENTATIVES red shrimp’’ discovered in Lake Michigan in Now blue-green algae outbreaks are mak- Monday, November 2, 2009 late 2006. There could well be others that ing a comeback, and scientists are pointing have arrived since then; it can take years for to zebra mussel infestations as a big reason. Mr. OBEY. Madam Speaker, I commend to populations to grow big enough to be no- The mussels encourage the blooms because my colleagues the enclosed article from the ticed. they eat virtually every type of algae except Milwaukee Journal Sentinel about the threat to Biologists say the damage being done to for the blue-green algae. That gives the toxic the Great lakes from invasive species and the the world’s largest freshwater system cannot algae a competitive advantage over its nutri- need for the Great Lakes Restoration Initiative be overstated, but the problem has become ent-rich cousins that have historically nour- passed by the house last week. bigger than the Great Lakes themselves. It’s ished the base of a lake’s food chain. now clear the failure to slam the door on Zebra mussels may also further promote [From the Milwaukee Journal Sentinel, Nov. new Great Lakes invasions has consequences these toxic blooms because their excrement 2, 2009] for everyday folks with cottages on inland fertilizes them. 15,000 REASONS TO WORRY ABOUT STATE’S lakes, places working-class people across the Still, not every lake in Wisconsin is des- LAKES state like to claim as their favorite on earth. tined to become home to zebra mussels. (By Dan Egan) ‘‘Where is the fun in playing on the shore- Many, for example, don’t contain enough line anymore if our lakes are wall-to-wall CRANDON.—A day at the beach in Wiscon- mussel shell-building calcium. Biologist zebra mussels?’’ asks Dailey. ‘‘Look at the sin’s North Woods didn’t used to go like this. Vander Zanden’s lab analyzed 923 lakes in money that we all pay in property taxes to Candy Dailey spent a Fourth of July holi- northern Wisconsin’s Vilas County and found live on a lake that is now not the lake that day splashing with grandkids on the sandy 91 of them to be suitable habitat for zebra it used to be.’’ shore of Lake Metonga when she felt a nasty mussels. It’s a completely different story in The potential economic impacts of this sting on her foot. southeastern Wisconsin, where all but one of She didn’t need to look down to know the second-wave invasion could prove stag- 334 analyzed can likely sustain zebra mus- culprit was a zebra mussel—cuts from the gering. sels. Property on Forest County’s Lake razor-sharp shells have become as But property owners on inland lakes have Metonga sells for an average of about $1,200 unremarkable as bee stings since the mussels to worry about a lot more than just zebra a shoreline foot, and the lake has roughly 7 invaded Dailey’s lake eight years ago. mussels. The natives of the Caspian Sea region first miles worth of it. That means a crude esti- ‘‘If you want to know what’s coming next, turned up in North America in the summer mate of just this lake’s shorefront value— look at the species that are already in the of 1988, thanks to overseas freighters’ long- not including any of the homes built on it— Great Lakes,’’ Lodge says. standing—and ongoing—practice of dumping lands somewhere above $44 million. And the problem doesn’t stop at the state At the same time, one estimate of the an- their contaminated ballast water in the line; boat ramps around the country are nual savings associated with using overseas Great Lakes, which are now home to more launching more than just boats. Zebra mus- ships to haul cargo into the Great Lakes in- than 185 non-native species. sels are widespread in the Mississippi River None has wreaked more damage than the stead of transporting it via truck, train or basin, and quagga mussels are now plugging mussels, which feast on Great Lakes plank- barge is only $55 million. pipes all the way out in California. That’s basically the real estate value of ton and have cost the region billions of dol- INVADERS ON THE WAY just one inland lake. lars in starved fish populations, beach- The list of Great Lakes invaders that trashing algae blooms and plugged industrial GLOBAL TROUBLE KNOCKS threaten inland waterways includes VHS, a and municipal water intake pipes. People flock to places like the forested viral disease spreading through the Great Now, this ecological mess is spreading in- shores of Lake Metonga to get away from Lakes that can be lethal to dozens of fish land. the rest of world. species.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K02NO8.010 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2685 It also includes the quagga mussel, a leads of other Great Lakes states such as Debbie recounted stories of her father’s ath- slightly larger and hardier cousin to the Michigan, Minnesota and New York and pro- letic accomplishments, and more importantly, zebra mussel that has exploded across the posed its own ballast regulations that would how he impacted the lives of his students and bottom of Lake Michigan in the past few require ships to install onboard treatment years. Scientists say they are swallowing the systems. athletes. I am submitting to the CONGRES- base of the food chain and that jeopardizes Shipping industry advocates were not SIONAL RECORD the remarks Debbie made everything above it, including the prized happy, particularly because Wisconsin’s pro- when she accepted the award on her father’s salmon that drive much of the Great Lakes’ posed standards, which mirror New York’s, behalf to share with my colleagues the story of billion-dollar recreational fishery. are much stricter than those of neighboring Coach Jessup, and all his good works which Overseas freighters also brought to the Minnesota. prompted the Class of ’59 to bestow this Great Lakes the round goby, a bug-eyed fish They urged the Wisconsin Department of honor on him. that thrives on native species’ fish eggs. Natural Resources to back off or adopt weak- HALL OF FAME ACCEPTANCE Lake Michigan has lost more than 90% of its er regulations more in harmony with those prey fish population since the arrival of of Minnesota, with which Wisconsin shares Thank you all for honoring my father—and invasive mussels, but the round goby is Duluth-Superior harbor. What’s the point in our family—with this award. That my father thriving, now accounting for about a fifth of stringently protecting just one side of a har- would be remembered as a great coach and the lake’s prey fish. bor, they asked. teacher almost a half century after leaving Gobies were first found in the Great Lakes Conservationists agreed. But they urged Danbury State Teacher’s College is a re- in 1990 and in recent years began gobbling Minnesota to get as tough as Wisconsin was markable tribute and very touching for their way up Great Lakes tributaries, in considering. those of us who loved him. But this award is some cases as far as 30 miles inland. The fish The shipping industry turned out in force particularly meaningful for me because it have been found in more than one-third of at a public hearing on Wisconsin’s proposal paints a picture of a man that I had been too the Lake Michigan tributaries sampled. last spring, easily outnumbering those in young to know, and it gives some insight ‘‘They are marching inland, and there is a favor of greater protections. into the life and career that followed his lot of habitat for them,’’ says Vander ‘‘In a time of national recession and a years in Connecticut. When I remember my father, it is always Zanden. record state budget deficit, the last thing during the Tulane years when he was a Pro- Ballast water has also brought to the Wisconsin should do is impose a (ballast) fessor, Department Chair, and Assistant Ath- Great Lakes the spiny and fish hook water permit that will: A) destroy jobs, B) reduce letic Director. Our family’s lives were struc- fleas, which are both hard for native fish to tax revenues and C) not result in any envi- tured around the university calendar, cam- eat because of their namesake tails, and a ronmental benefits,’’ said Andy Lisak, execu- pus activities, and my dad’s teaching, re- rival when it comes to feasting on the micro- tive director of the Development Association cruiting and administrative responsibilities. scopic critters at the bottom of the food that promotes business interests in Douglas Our home was always a haven for students chain. County and the port city of Superior. and athletes who needed comforting, men- Wisconsin’s Department of Natural Re- The DNR has been sitting on its proposal toring, or just a good home cooked meal. sources has distributed more than $10 mil- ever since. During those years my dad was my great- lion to communities to fight aquatic And this has left bar-and-boat-launch est hero, and to me he always seemed larger invasive species since 2003. Regardless, the owner Andy Cuppan ‘‘terrified’’ about what than life. I lived in awe of his athleticism list of new invaders is likely to grow. might be headed next down the interstate and his intelligence, of his ability to com- The only protection the Great Lakes has at off-ramp and into his mussel-infested lake. mand a room with his words, and his gift for the moment from contaminated ballast He and his business partner recently bringing out the talent in the least prom- water is a requirement that overseas ships bought the Boathouse Bar and Grill on the ising of students. He pushed me and everyone bound for the Great Lakes flush their ballast shore of Upper Nemahbin Lake, which is lit- in his life to their greatest levels of achieve- tanks with mid-ocean saltwater to expel or erally just feet from the rumbling westbound ment, but at the same time he always had kill any unwanted hitchhikers. It is a prac- lanes of I–94. amazing compassion and patience for anyone tice scientists say goes a long way—but not Cuppan mentions that earlier this summer who was vulnerable. Although it has been 21 all the way—to reducing the risk of future he dared to take a shoeless swim and suf- years since he left us, hardly a week goes by invasions. fered several stinging mussel cuts. that I do not remember something that he In January, the Environmental Protection More painful for him is the idea that not taught me with his words or modeled with Agency released a report that spotlighted 30 enough is being done to protect him from the organisms that have yet to invade the Great his life. big lake 30 miles to the east and from what’s When I remember those years with my fa- Lakes but are medium to high-risk can- stewing in the water at ports across the ther at work I always recall a flock of female didates to do so. globe. students vying for his attention, or an ath- Twenty-five years ago, few in the Great ‘‘We can’t do anything about what’s here, lete needing his guidance, or a young teacher Lakes region had even heard of a zebra mus- but let’s not let anything else in,’’ he said. seeking his advice. Every homecoming I met sel. The question now: What next is headed ‘‘Our livelihoods are at stake.’’ alumni who told me of the impact he had had up the St. Lawrence Seaway? Of course this is just one guy, on one lake. in their lives, and I have proud memories of ‘‘Until we control the ships, there will be The problem is Wisconsin has more than honors and awards he received over the lots of species nobody has ever heard of ar- 15,000 of them. years. So truthfully his selection for an Ath- riving on their doorsteps,’’ says Anthony letic Hall of Fame award would not have Ricciardi, an invasive species expert at Mon- f been particularly surprising to me—If it had treal’s McGill University. HONORING COACH HARVEY come from his Tulane years. FRUSTRATIONS MOUNT JESSUP Instead this Hall of Fame award comes In 2008, organizers of the Pewaukee from a time that I hardly remember. And the Triathlon had to cancel the swim portion of nomination comes from a class of students the event, which drew some 2,000 racers, be- HON. LUCILLE ROYBAL-ALLARD and athletes who knew my father 50 years cause of plumes of blue-green algae. Nutri- OF CALIFORNIA ago. I am honestly overwhelmed that the ents flushed into the lake by heavy rains IN THE HOUSE OF REPRESENTATIVES class of 1959 would remember my father’s im- were a likely factor, but it didn’t help that pact on their lives five decades after they Pewaukee has also been infested with zebra Monday, November 2, 2009 graduated. It is extraordinary just in the mussels. Ms. ROYBAL-ALLARD. Madam Speaker, I amount of time that has passed, but even On a busy Sunday over Labor Day week- rise today to commemorate the posthumous more so when you know something about the end, Pewaukee Lake bait shop owner John induction of Harvey Jessup into the Athletic four years during which the Class of 1959 was Laimon estimated there were about 200 Hall of Fame of Western Connecticut State taught and coached by my father. It is a trailered boats on the lake ‘‘coming from story that I think is worth sharing, because who knows where.’’ University. I never had the honor of knowing I believe it is what makes this nomination It’s not lost on him that Lake Michigan Mr. Jessup, but I do have the pleasure of hav- and this award truly remarkable. I also be- boat ramps are just a half-hour away. He is ing his daughter Debbie Jessup, a nurse mid- lieve that it presents an opportunity for one flabbergasted that two decades after zebra wife, working in my office as my health care last lesson from your Coach and Teacher. mussels were discovered in Lake Michigan, policy advisor. Debbie recently shared news When this 50 year reunion class entered the government has failed to turn off the with us that her father was being honored for Danbury State Teachers College in the fall of invasive species spigot. his work at the then-named Danbury State 1955 my father was a young teacher and coach at the beginning of his career. Three ‘‘We’re the ones paying for the mistakes at Teacher’s College. It is a testament to Mr. the federal level, and there is nothing in the years earlier he had married the love of his wind that is going to stop that,’’ he says. Jessup that 50 years after their graduation, life, they had a two year old daughter (me) With little progress in Congress, the state the Class of 1959 at Danbury State chose to and a three month old baby girl. With a lit- of Wisconsin earlier this year tried to take nominate him for induction into the school’s tle home overlooking Candlewood Lake, he matters into its own hands. It followed the Athletic Hall of Fame. I was touched when was living the American Dream.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K02NO8.011 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2686 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 During the four years that my father Description of Request: The Storis Museum with the honor and respect that they deserve, taught and coached this class of 1959, his en- is organized and established for the purpose close to home. tire world was shattered. His infant daughter of obtaining the USCG Cutter Storis from the Madam Speaker, I have very much enjoyed (Doreen) was diagnosed with uncontrolled having had the opportunity to work with San- seizures and irreversible brain damage—his government of the United States of America third child (Dolores) was born with Down and establishing a non-profit museum in Alas- dra and will miss her strong, candid, and car- syndrome—and we buried Doreen six months ka that will maintain the Storis in Alaska when ing leadership. While we will miss her in Sara- before her fourth birthday. My parents spoke the vessel is declared surplus. It is the intent sota-Bradenton, we wish her all of the very very little of that time in their lives, and so of the Storis Museum to make the USCG Cut- best in her retirement, which she has richly it really wasn’t until I had children of my ter Storis available to the public as a museum earned. own that I began to understand the mag- and to work cooperatively with other museums f nitude of their struggles and their suffering. to provide education and memorialize the mar- Even in the best of circumstances, par- PERSONAL EXPLANATION enting three children under the age of five is itime heritage of the Storis and other maritime exhausting and all-consuming. I’ve been activities in Alaska, the Pacific Northwest, the there—and I am sure that many of you have Arctic Ocean and adjacent oceans and seas HON. LYNN C. WOOLSEY also—and you know how much work and at- and such other lawful affairs allowed in Alas- OF CALIFORNIA tention it takes. Most people in that situa- ka. IN THE HOUSE OF REPRESENTATIVES tion who are faced with even one of the trag- Requesting Member: Congressman DON Monday, November 2, 2009 edies that my parents lived through would be YOUNG lucky to simply survive emotionally. But Bill Number: H.R. 3619 Ms. WOOLSEY. Madam Speaker, on Octo- somehow my father managed to remain the Provision: Section 1302 ber 29, 2009, I was unavoidably detained and strength and the sunshine for his family dur- was unable to record my vote for rollcall No. ing these four difficult years, while coaching Legal Name of Requesting Entity: Stabbert three teams, teaching his classes, and men- Maritime 831. Had I been present I would have voted: toring a group of students who still remem- Address of Requesting Entity: 2629 NW Rollcall No. 831: ‘‘yea’’—Expressing support ber his influence on their lives fifty years 54th Street, #W–201, Seattle, WA 98107 for designation of a ‘‘National Firefighters Me- later. Description of Request: This provision would morial Day’’ to honor and celebrate the fire- Several years after coming to Tulane my restore the coastwise privileges to the U.S.- fighters of the United States. father gave a commencement speech in built research ship, the Ocean Veritas, that f which he described the core element of a was sold foreign in 1997 but now is in the great teacher or leader. ‘‘Moral courage,’’ he VARIABLE RATE MORTGAGE IN- said, ‘‘is standing still and saying—this is process of being reflagged to the U.S. flag. The ship was built in 1974 by Halter Marine SURANCE PREMIUMS: ARE THEY what I believe, that I will do and that I will HOLDING BACK POTENTIAL not do, this is my code of behavior and that Fabricators, Gulfport, MS, which is also its HOMEOWNERS? is outside it.’’ I believe that the man I loved homeport. However, unless this provision is and admired my entire life found his moral enacted the vessel would be without coast- courage during those four years with the wise privileges as a result of that prior sale to HON. DAN BURTON Class of 1959. Perhaps that is the reason you a foreign owner. OF INDIANA still remember him fifty years later. Hope- fully it was the core lesson that you took Requesting Member: Congressman DON IN THE HOUSE OF REPRESENTATIVES with you when you graduated. YOUNG Monday, November 2, 2009 My father’s years of teaching and coaching Bill Number: H.R. 3619 were guided by the belief that the true mark Provision: 1302 Mr. BURTON of Indiana. Madam Speaker, of greatness for any coach or teacher is not Legal Name of Requesting Entity: Alaska In- although unemployment, now at 9.8 percent, found in his record of games won, or his list dustrial Develop. and Export Authority is expected to keep rising, and consumer con- of publications—but rather is measured in Address of Requesting Entity: 813 West fidence is down, the latest Federal Reserve the accomplishments of his students, or the Northern Lights Blvd., Anchorage, AK 99503 report on economic activity shows some small athletes he coached. For that reason, I am Description of Request: This provision would signs that the recession may finally be starting certain that his greatest pleasure in this eve- to bottom out. ning’s award ceremony would be hearing the restore the coastwise privileges to AK Ship life stories of his former students. Your lives and Drydock #2. In particular, I am encouraged that we are and your accomplishments are truly his Hall f starting to see indications that a rebound in of Fame. the housing sector may be developing. A few I know that my dad would have been par- RECOGNIZING SANDRA BECKLEY weeks ago, for example, the Commerce De- ticularly thrilled that he is being honored partment said new-home building rose for the along side his student and athlete and life- third time in four months during September, time friend, Teddy Smigala. I extend my HON. VERN BUCHANAN OF FLORIDA and, the National Association of Realtors an- congratulations to Teddy and to all the nounced that demand for previously-owned other awardees here tonight. And I thank all IN THE HOUSE OF REPRESENTATIVES homes surged in September. of you—not only for this honor that you Monday, November 2, 2009 have given my father, but especially for the In late October, the Case-Shiller home-price insights and memories you have shared with Mr. BUCHANAN. Madam Speaker, I rise indexes showed that U.S. home prices logged our family. today to recognize a dedicated public servant, their third monthly increase in August. The in- f Sarasota National Cemetery Director Sandra dexes showed prices in 10 major metropolitan Beckley, who will retire from 37 years of public areas rose 1.3 percent from July. In 20 major EARMARK DECLARATION service at the end of this year. metropolitan areas, home prices were up 1.2 Ms. Beckley began her career with the U.S. percent from the previous month. HON. DON YOUNG Veterans’ Administration in 1972 and has However, if a housing rebound is starting, it OF ALASKA served as the Director of national cemeteries is still very fragile. For example, applications IN THE HOUSE OF REPRESENTATIVES in Sarasota, Florida; Atlanta, Georgia; Pensa- for home building permits—a key gauge of fu- Monday, November 2, 2009 cola, Florida; Mobile, Alabama; and Florence, ture construction—fell in September by the Mr. YOUNG of Alaska. Madam Speaker, in South Carolina. largest amount in five months. And, according adherence to the Republican Earmark Stand- The veterans of Florida’s Sun Coast, and to figures recently released by the Commerce ards for the Coast Guard Authorization, H.R. their families, were fortunate that the VA ap- Department, sales of new homes dropped un- 3619, I submit the following: pointed Sandra as Director of Sarasota Na- expectedly in September; the first such decline Requesting Member: Congressman DON tional Cemetery on October 14, 2007. Since since March. YOUNG then, she has done an outstanding job over- The foreclosure crisis all but erased the Bill Number: H.R. 3619 seeing the timely construction, dignified burial, gains we have made in increasing homeown- Provision: Section 1307 and maintenance operations of this first-class ership rates in the last 20 years. The financial Legal Name of Requesting Entity: USCG facility. gains families thought they had achieved Cutter Storis Museum & Maritime Education She has worked extremely well with my of- through increases in home equity also dis- Center, LLC fice, the local veterans’ community, and other appeared, as now roughly 20 percent of Address of Requesting Entity: 229 4th stakeholders to ensure that veterans in the homeowners owe more on their homes than Street, Juneau, Alaska 99801 Sarasota-Bradenton area are memorialized they are worth.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K02NO8.012 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2687 Nevertheless, homeownership remains the ALL STAR MORTGAGE COMPANY, IN RECOGNITION OF THE LIFE OF single most important wealth-building tool August 19, 2009. JAMES W. ANDERSON available to families in this country. In fact, Congressman DAN BURTON, housing experts are saying that now is the Rayburn H.O.B., Washington, DC. HON. MIKE ROGERS time to buy. A sustained rebound in housing is OF ALABAMA DEAR CONGRESSMAN BURTON: I am writing therefore absolutely vital to Federal, State and IN THE HOUSE OF REPRESENTATIVES local efforts to spark a broader economic re- this letter as a follow up in regards to our Monday, November 2, 2009 covery. meeting last week. The American consumer Regrettably, I have spoken to a number of that desires to purchase a new home or refi- Mr. ROGERS of Alabama. Madam Speaker, nance their existing home is at a distinct mortgage brokers in Indiana and they tell me I would like to request the House’s attention disadvantage considering Fannie Mae and today to pay recognition to the memory of that many first-time homebuyers, who could Freddie Mac’s unfair increased risk based James Anderson of Salem, Alabama. otherwise buy a home, are finding themselves pricing and mandatory delivery fees. These Mr. Anderson was born on December 12, locked out of the housing market by the very excessive fees and higher down payments are rules and regulations we put into place to pro- stifling the real estate market. They are 1969, and grew up in Smiths Station, Ala- tect consumers from the so-called predatory overly burdensome to consumers, even those bama. Mr. Anderson was married to Corinna lending practices that created the sub-prime with perfect payment histories. This is not and blessed with two children, Kristopher and mortgage mess in the first place. only stalling the housing recovery, but also Kelli, and a grandson, Jason James. Mr. An- I am not suggesting that we should return to inhibiting the overall economy, as many in- derson loved Alabama football and Columbus the unchecked lending of the last decade, dustries are housing related. This unfair Cottonmouth hockey. where someone could put no money down, practice is excluding many well-qualified Mr. Anderson served our community as a show no proof of income or employment and borrowers from the dream of home owner- deputy for the Lee County Sheriff’s Office. On walk away with a million dollar mortgage. But ship. It would be my hope that Congress September 24, 2009, Mr. Anderson was inten- I am suggesting that we need to be vigilant for would call for Fannie Mae and Freddie Mac tionally and tragically struck by an automobile circumstances where—either through legisla- to revisit their current policy of charging during a traffic stop. He was transported to higher fees and requiring larger down pay- tive or regulatory action—the Federal govern- Columbus Medical Center where he, despite ments to certain qualified borrowers, than ment may have inadvertently swung the pen- they would charge an equally qualified bor- best efforts, later passed away. dulum too far in the direction of restricting ac- rower based solely upon credit score without He will be sorely missed, but remembered cess to the mortgage market in the name of regard to the borrower’s actual credit repay- as a man who gave selflessly for his fellow consumer protection. ment history. Alabamians. Let us continue to pray for his There are two letters I received from mort- Sincerely, loved ones at this difficult time. gage brokers in Indiana that point to one po- GREG EVANS, f tential example. The issue relates to variable President. rate pricing of mortgage insurance for Federal CONFERENCE REPORT ON FISCAL YEAR 2010 DEPARTMENT OF mortgage loans. 1ST MORTGAGE OF INDIANA, INC., These letters show these two mortgage Indianapolis, IN, August 19, 2009. HOMELAND SECURITY APPRO- agents both believe that the Federal Housing Congressman DAN BURTON, PRIATIONS ACT (H.R. 2892) Administration’s shift in policy from charging a Rayburn H.O.B., flat-rate for mortgage insurance to charging a Washington, DC. HON. BETTY McCOLLUM variable rate based on a person’s credit score, DEAR CONGRESSMAN BURTON:Many Amer- OF MINNESOTA has unfairly excluded some qualified buyers ican consumers that desire to purchase a IN THE HOUSE OF REPRESENTATIVES from the dream of home ownership. new home, or refinance their existing home, Monday, November 2, 2009 I am not a mortgage expert; Madam Speak- are being discriminated against based solely er, so I will defer to the experts as to whether upon their Fico credit scores. We believe Ms. MCCOLLUM. Madam Speaker, I rise in the shift from flat-rate pricing to variable rate that Fannie Mae and Freddie Mac’s in- support of the Conference Report on the Fis- pricing is truly preventing would be home- creased risk based pricing, and mandatory cal Year 2010 Department of Homeland Secu- owners from buying a home; but I would like delivery fees are unfair and excessive. These rity Appropriations Act. Chairman OBEY and to cite for the record a 2007 report done by fees are overly burdensome to consumers, in- Chairman PRICE deserve recognition for their the nonpartisan General Accountability Office cluding many consumers with perfect pay- leadership in crafting a fiscally responsible bill ment histories. This is stalling the housing that provides vital aid for our first responders regarding the proposed changes to the Fed- recovery and also inhibiting the overall eco- eral Housing Administration’s lending stand- and also makes key investments to improve nomic rebound, as many industries are hous- the security of our borders, ports, and aviation ards, including the shift to variable rate pricing ing related. This unfair practice is excluding and transit systems. of mortgage insurance premiums. The report many well-qualified borrowers from the With this bill, Congress takes important reads, in part: dream of home ownership. Please allow me ‘‘. . . our analysis of data for FHA’s home to cite one real life example. We recently at- steps to close the Guantanamo Bay Detention purchase borrowers in 2005 showed that, tempted to assist a 1st time home buyer who Facility while also ensuring the security of the under FHA’s risk-based pricing proposal, had a long credit history. Her re-payment United States. H.R. 2892 prohibits the transfer about 43 percent of those borrowers would history was perfect! She never had a single of Guantanamo detainees to the United have paid the same or less than they actually late payment! She had sacrificed and saved States, except for the purpose of criminal paid, 37 percent would have paid more, and for years to come up with a 20% down pay- prosecution. The President must report to 20 percent would not have qualified for FHA ment. However, due to the type of credit she Congress any detainee transferred to the U.S. insurance.’’ had established and had utilized (mostly re- or any other country. This bill mandates the in- In other words, GAO’s analysis, based on volving accounts vs. installment loans), her clusion of all Guantanamo detainees on the Fico score was 679. Based on Fannie Mae and TSA ‘‘No Fly List.’’ my understanding of the report, seems to sug- Freddie Mac’s risk based pricing, an addi- Madam Speaker, I also oppose the Repub- gest that variable rate premiums, based on tional fee of 2.5% of the loan amount would perceived risk, send little extra money into the have been due and payable directly to Fannie lican Motion to Recommit on H.R. 2892, which mortgage insurance trust fund to protect the or Freddie. With her loan amount of $250,000, would prevent detainees held at Guantanamo funds from increased defaults but deny 20 that equated to $6250 in additional fees. This Bay to be brought into the United States for percent of applicants FHA mortgage insur- unfair additional fee caused her family to prosecution or incarceration. This motion is ance—and by extension a mortgage. delay their dream of homeownership, and unnecessary due to the safeguards contained If GAO’s analysis is correct, and I have no also prevented the would-be seller from sell- in this conference report. The Guantanamo reason to doubt GAO’s findings, it would seem ing their home and purchasing another. Bay Detention Facility is a disturbing and un- to support the arguments offered by the mort- Sadly, this scenario is being repeated over fortunate chapter in our Nation’s history. gage brokers from Indiana I cited earlier. In and over nationally. Please call on FNMA Under the leadership of President Obama, the that case, Madam Speaker, I would ask my and FHLMC to stop charging these excessive United States will close the detention center fees! colleagues on the Finance Committee to give Sincerely, and restore our commitment to human rights all due consideration to investigating the policy J. MICHAEL STRAWN, and justice. of variable rate pricing, in order to ensure that VP. I urge a ‘‘no’’ vote on the Republican Motion truly qualified borrowers are not being unfairly CATHERINE J. STRAWN, to Recommit and urge my colleagues to sup- pushed out of the housing market. President. port final passage.

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A02NO8.032 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2688 CONGRESSIONAL RECORD — Extensions of Remarks November 2, 2009 SENATE COMMITTEE MEETINGS fice’’, H.R. 1713, to name the South with the rank of Ambassador, and Car- Title IV of Senate Resolution 4, Central Agricultural Research Labora- men Lomellin, of Virginia, to be Per- tory of the Department of Agriculture manent Representative to the Organi- agreed to by the Senate on February 4, in Lane, Oklahoma, and the facility of zation of American States, with the 1977, calls for establishment of a sys- the United States Postal Service lo- rank of Ambassador, all of the Depart- tem for a computerized schedule of all cated at 310 North Perry Street in ment of State, Gustavo Arnavat, of meetings and hearings of Senate com- Bennington, Oklahoma, in honor of New York, to be United States Execu- mittees, subcommittees, joint commit- former Congressman Wesley ‘‘Wes’’ tive Director of the Inter-American De- tees, and committees of conference. Watkins, H.R. 2004, to designate the fa- velopment Bank, and Daniel W. This title requires all such committees cility of the United States Postal Serv- Yohannes, of Colorado, to be Chief Ex- ice located at 4282 Beach Street in to notify the Office of the Senate Daily ecutive Officer, Millennium Challenge Akron, Michigan, as the ‘‘Akron Vet- Corporation. Digest—designated by the Rules Com- erans Memorial Post Office’’, H.R. 2760, SD–419 mittee—of the time, place, and purpose to designate the facility of the United Energy and Natural Resources of the meetings, when scheduled, and States Postal Service located at 1615 National Parks Subcommittee any cancellations or changes in the North Wilcox Avenue in Los Angeles, To hold hearings to examine S. 1369, to meetings as they occur. California, as the ‘‘Johnny Grant Hol- amend the Wild and Scenic Rivers Act As an additional procedure along lywood Post Office Building’’, H.R. to designate segments of the Molalla with the computerization of this infor- 2972, to designate the facility of the River in the State of Oregon, as compo- United States Postal Service located at mation, the Office of the Senate Daily nents of the National Wild and Scenic 115 West Edward Street in Erath, Lou- Rivers System, S. 1405, to redesignate Digest will prepare this information for isiana, as the ‘‘Conrad DeRouen, Jr. the Longfellow National Historic Site, printing in the Extensions of Remarks Post Office’’, H.R. 3119, to designate the Massachusetts, as the ‘‘Longfellow section of the CONGRESSIONAL RECORD facility of the United States Postal House-Washington’s Headquarters Na- on Monday and Wednesday of each Service located at 867 Stockton Street tional Historic Site’’, S. 1413, to amend week. in San Francisco, California, as the the Adams National Historical Park Meetings scheduled for Tuesday, No- ‘‘Lim Poon Lee Post Office’’, H.R. 3386, Act of 1998 to include the Quincy to designate the facility of the United Homestead within the boundary of the vember 3, 2009 may be found in the States Postal Service located at 1165 Daily Digest of today’s RECORD. Adams National Historical Park, S. 2nd Avenue in Des Moines, Iowa, as the 1767 and H.R. 1121, bills to authorize a ‘‘Iraq and Afghanistan Veterans Memo- land exchange to acquire land for the MEETINGS SCHEDULED rial Post Office’’, H.R. 3547, to des- Blue Ridge Parkway from the Town of NOVEMBER 4 ignate the facility of the United States Blowing Rock, North Carolina, S. Res. Postal Service located at 936 South 250 10 a.m. 275, honoring the Minute Man National East in Provo, Utah, as the ‘‘Rex E. Historical Park on the occasion of its Finance Lee Post Office Building’’, and H.R. 50th anniversary, H.R. 2802, to provide To hold hearings to examine the nomina- 2215, to designate the facility of the for an extension of the legislative au- tions of Michael W. Punke, of Montana, United States Postal Service located at thority of the Adams Memorial Foun- to be a Deputy United States Trade 140 Merriman Road in Garden City, dation to establish a commemorative Representative, with the rank of Am- Michigan, as the ‘‘John J. Shivnen work in honor of former President bassador, Department of State, Islam Post Office Building’’. John Adams and his legacy, H.R. 3113, A. Siddiqui, of Virginia, to be Chief Ag- SD–342 to amend the Wild and Scenic Rivers ricultural Negotiator, Office of the Commerce, Science, and Transportation Act to designate a segment of the Elk United States Trade Representative, Oceans, Atmosphere, Fisheries, and Coast River in the State of West Virginia for with the rank of Ambassador, and Mi- Guard Subcommittee chael F. Mundaca, of New York, to be To hold hearings to examine the future study for potential addition to the Na- Assistant Secretary of the Treasury. of ocean governance, focusing on build- tional Wild and Scenic Rivers System, SD–215 ing national ocean policy. and H.R. 1287, to authorize the Sec- Homeland Security and Governmental Af- SR–253 retary of the Interior to enter into a fairs 2 p.m. partnership with the Porter County Business meeting to resume consider- Judiciary Convention, Recreation and Visitor ation of S. 1649, to prevent the pro- To hold hearings to examine the nomina- Commission regarding the use of the liferation of weapons of mass destruc- tions of Thomas I. Vanaskie, of Penn- Dorothy Buell Memorial Visitor Center tion, to prepare for attacks using weap- sylvania, to be United States Circuit as a visitor center for the Indiana ons of mass destruction, S. 1862, to pro- Judge for the Third Circuit, Christina Dunes National Lakeshore. vide that certain Secret Service em- Reiss, to be United States District SD–366 ployees may elect to transition to cov- Judge for the District of Vermont, erage under the District of Columbia Louis B. Butler, Jr., to be United NOVEMBER 5 Police and Fire Fighter Retirement States District Judge for the Western 10 a.m. and Disability System, H.R. 553, to re- District of Wisconsin, Abdul K. Kallon, Banking, Housing, and Urban Affairs quire the Secretary of Homeland Secu- to be United States District Judge for To hold hearings to examine the nomina- rity to develop a strategy to prevent the Northern District of Alabama, and tions of Steven L. Jacques, of Kansas, the over-classification of homeland se- Victoria Angelica Espinel, of the Dis- to be Assistant Secretary of Housing curity and other information and to trict of Columbia, to be Intellectual and Urban Development for Public Af- promote the sharing of unclassified Property Enforcement Coordinator, fairs, and Eric L. Hirschhorn, of Mary- homeland security and other informa- Executive Office of the President. land, to be Under Secretary of Com- tion, S. 1755, to direct the Department SD–226 merce for Export Administration. of Homeland Security to undertake a 2:15 p.m. SD–538 study on emergency communications, Indian Affairs Health, Education, Labor, and Pensions H.R. 730, to strengthen efforts in the To hold an oversight hearing to examine To hold hearings to examine the Employ- Department of Homeland Security to the Federal acknowledgment process. ment Non-Discrimination Act. develop nuclear forensics capabilities SD–628 SD–430 to permit attribution of the source of 2:30 p.m. Homeland Security and Governmental Af- nuclear material, S. 1825, to extend the Foreign Relations fairs authority for relocation expenses test To hold hearings to examine the nomina- To hold hearings to examine business programs for Federal employees, S. tions of Jide J. Zeitlin, of New York, to formation and financial crime, focus- 1860, to permit each current member of be Alternate Representative to the Ses- ing on finding a legislative solution. the Board of Directors of the Office of sions of the General Assembly of the SD–342 Compliance to serve for 3 terms, H.R. United Nations during his tenure of Judiciary 955, to designate the facility of the service as Representative to the United Business meeting to consider S. 448 and United States Postal Service located at Nations for U.N. Management and Re- H.R. 985, bills to maintain the free flow 10355 Northeast Valley Road in form, and to be Representative to the of information to the public by pro- Rollingbay, Washington, as the ‘‘John United Nations for U.N. Management viding conditions for the federally ‘Bud’ Hawk Post Office’’, H.R. 1516, to and Reform, with the rank of Ambas- compelled disclosure of information by designate the facility of the United sador, Frederick D. Barton, of Maine, certain persons connected with the States Postal Service located at 37926 to be Representative of the United news media, S. 714, to establish the Na- Church Street in Dade City, Florida, as States of America on the Economic and tional Criminal Justice Commission, S. the ‘‘Sergeant Marcus Mathes Post Of- Social Council of the United Nations, 1490, to prevent and mitigate identity

VerDate Nov 24 2008 04:43 Nov 03, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M02NO8.000 E02NOPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS November 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2689 theft, to ensure privacy, to provide no- States and the Uintah Water Conser- Administrator for Federal Procure- tice of security breaches, and to en- vancy District, S. 1758, to provide for ment Policy. hance criminal penalties, law enforce- the allocation of costs to project power SD–342 ment assistance, and other protections with respect to power development 2:15 p.m. against security breaches, fraudulent within the Diamond Fork System, and Foreign Relations access, and misuse of personally identi- S. 1759, to authorize certain transfers Business meeting to consider S. 1524, to fiable information, S. 139, to require of water in the Central Valley Project. strengthen the capacity, transparency, Federal agencies, and persons engaged SD–366 and accountability of United States in interstate commerce, in possession 3 p.m. foreign assistance programs to effec- of data containing sensitive personally Intelligence tively adapt and respond to new chal- identifiable information, to disclose To hold closed hearings to consider cer- lenges of the 21st century, S. 1739, to any breach of such information, S. 1624, tain intelligence matters. promote freedom of the press around to amend title 11 of the United States S–407, Capitol the world, S. 1067, to support stabiliza- Code, to provide protection for medical tion and lasting peace in northern debt homeowners, to restore bank- NOVEMBER 6 Uganda and areas affected by the ruptcy protections for individuals expe- 9:30 a.m. riencing economic distress as care- Lord’s Resistance Army through devel- Joint Economic Committee opment of a regional strategy to sup- givers to ill, injured, or disabled family To hold hearings to examine the employ- members, and to exempt from means port multilateral efforts to success- ment situation for October 2009. fully protect civilians and eliminate testing debtors whose financial prob- SD–106 lems were caused by serious medical the threat posed by the Lord’s Resist- ance Army and to authorize funds for problems, S. 1472, to establish a section NOVEMBER 10 within the Criminal Division of the De- humanitarian relief and reconstruc- 9 a.m. partment of Justice to enforce human tion, reconciliation, and transitional Foreign Relations rights laws, to make technical and con- justice, H. Con. Res. 36, calling on the To hold hearings to examine protocol forming amendments to criminal and President and the allies of the United Amending the Convention between the immigration laws pertaining to human States to raise in all appropriate bilat- Government of the United States of rights violations, S. 1147, to prevent to- eral and multilateral for a the case of America and the Government of the bacco smuggling, to ensure the collec- Robert Levinson at every opportunity, French Republic for the Avoidance of tion of all tobacco taxes, and the nomi- urging Iran to fulfill their promises of Double Taxation and the Prevention of nations of Ketanji Brown Jackson, of assistance to the family of Robert Fiscal Evasion with Respect to Taxes Maryland, to be a Member of the Levinson, and calling on Iran to share on Income and Capital, signed at Paris United States Sentencing Commission, the results of its investigation into the on August 21, 1994, as Amended by the Jane Branstetter Stranch, of Ten- disappearance of Robert Levinson with Protocol signed on December 8, 2004, nessee, to be United States Circuit the Federal Bureau of Investigation, signed January 13, 2009, at Paris, to- Judge for the Sixth Circuit, Benjamin gether with a related Memorandum of and the nominations of Jose W. B. Tucker, of New York, to be Deputy Understanding, signed January 13, 2009 Fernandez, of New York, to be Assist- Director for State, Local, and Tribal (Treaty Doc. 111–04), protocol Amend- ant Secretary for Economic, Energy, Affairs, Office of National Drug Control ing the Convention between the United and Business Affairs, William E. Policy, and Kenyen Ray Brown, to be States of America and New Zealand for Kennard, of the District of Columbia, United States Attorney for the South- the Avoidance of Double Taxation and to be Representative of the United ern District of Alabama, Stephanie M. the Prevention of Fiscal Evasion With States of America to the European Rose, to be United States Attorney for Respect to Taxes on Income, signed on Union, with the rank and status of Am- the Northern District of Iowa, and December 1, 2008, at Washington (Trea- bassador, John F. Tefft, of Virginia, to Nicholas A. Klinefeldt, to be United ty Doc. 111–03), convention Between the be Ambassador to Ukraine, Michael C. States Attorney for the Southern Dis- Government of the United States of Polt, of Tennessee, to be Ambassador trict of Iowa, all of the Department of America and the Government of Malta to the Republic of Estonia, and Cyn- Justice. for the Avoidance of Double Taxation thia Stroum, of Washington, to be Am- SD–226 and the Prevention of Fiscal Evasion bassador to Luxembourg, all of the De- Veterans’ Affairs with Respect to Taxes on Income, partment of State, and James LaGarde To hold hearings to examine Veterans’ signed on August 8, 2008, at Valletta Hudson, of the District of Columbia, to Affairs and Indian Health Service co- (Treaty Doc. 111–01), treaty between be United States Director of the Euro- operation. the Government of the United States of pean Bank for Reconstruction and De- SR–418 America and the Government of the velopment. 2 p.m. Republic of Rwanda Concerning the S–116, Capitol Judiciary Encouragement and Reciprocal Protec- Crime and Drugs Subcommittee tion of Investment, signed at Kigali on NOVEMBER 17 To hold hearings to examine reducing re- February 19, 2008 (Treaty Doc. 110–23), 2:30 p.m. cidivism at the local level. and international Treaty on Plant Ge- Foreign Relations SD–226 netic Resources for Food and Agri- To hold hearings to examine the United 2:30 p.m. culture, adopted by the Food and Agri- States and the G–20, focusing on re- Foreign Relations culture Organization of the United Na- making the international economic ar- To hold hearings to examine the nomina- tions on November 3, 2001, and signed chitecture. tions of Jeffrey L. Bleich, of California, by the United States on November 1, SD–419 to be Ambassador to Australia, David 2002 (the ‘‘Treaty’’) (Treaty Doc. 110– Huebner, of California, to be Ambas- 19). NOVEMBER 18 sador to New Zealand, and to serve SD–419 concurrently and without additional 10 a.m. 9:30 a.m. compensation as Ambassador to Energy and Natural Resources Veterans’ Affairs Samoa, and Robert R. King, of Vir- To hold hearings to examine policy op- To hold hearings to examine easing the ginia, to be Special Envoy on North tions for reducing greenhouse gas emis- burdens through employment. Korean Human Rights Issues, with the sions. SR–418 rank of Ambassador, all of the Depart- SD–366 2:30 p.m. ment of State. Homeland Security and Governmental Af- Energy and Natural Resources SD–419 fairs Public Lands and Forests Subcommittee Energy and Natural Resources To hold hearings to examine the nomina- To hold hearings to examine managing Water and Power Subcommittee tions of Erroll G. Southers, of Cali- Federal forests in response to climate To hold hearings to examine S. 1757, to fornia, to be Assistant Secretary of change, focusing on natural resource provide for the prepayment of a repay- Homeland Security, and Daniel I. Gor- adaptation and carbon sequestration. ment contract between the United don, of the District of Columbia, to be SD–366

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Reid Amendment No. 2715 (to the language pro- Chamber Action posed to be stricken by Amendment No. 2712), to Routine Proceedings, pages S10963–S11005 change the enactment date. Page S10979 Measures Introduced: One hundred and fourteen Reid Amendment No. 2716 (to Amendment No. bills and three resolutions were introduced, as fol- 2715), of a perfecting nature. Page S10979 lows: S. 2608–2721, and S. Res. 330–332. During consideration of this measure today, Senate Pages S10989–91 also took the following action: Measures Reported: By 85 yeas to 2 nays (Vote No. 332), three-fifths S. 30, to amend the Communications Act of 1934 of those Senators duly chosen and sworn, having to prohibit manipulation of caller identification in- voted in the affirmative, Senate agreed to the motion to close further debate on Reid (for Baucus/Reid) formation. (S. Rept. No. 111–96) Page S10989 Amendment No. 2712, in the nature of a substitute. Measures Passed: Pages S10984–85 Congratulating the United States Military Reid Motion to commit the bill to the Committee Academy at West Point: Senate agreed to S. Res. on Finance, with instructions to report back forth- 331, congratulating the United States Military Acad- with, with Reid Amendment No. 2717, to change emy at West Point on being named by Forbes maga- the enactment date, fell when cloture was invoked zine as America’s Best College for 2009. Page S11000 on Reid (for Baucus/Reid) Amendment No. 2712 Commemorating the 20th Anniversary of the (listed above). Pages S10979, S10985 Fall of the Berlin Wall: Senate agreed to S. Res. Reid Amendment No. 2718 (to the instructions 332, commemorating the 20th anniversary of the fall (Amendment No. 2717) of the motion to commit), of the Berlin Wall, the end of the division of Eu- of a perfecting nature, fell when Reid Amendment rope, and the beginning of the peaceful and demo- No. 2717 (listed above) fell. Page S10979 cratic reunification of Germany. Pages S11000–01 Reid Amendment No. 2719 (to Amendment No. 2718), of a perfecting nature, fell when Reid Measures Considered: Amendment No. 2718 (to the instructions (Amend- Unemployment Compensation Extension Act— ment No. 2717) of the motion to commit) (listed Agreement: Senate resumed consideration of H.R. above) fell. Page S10979 3548, to amend the Supplemental Appropriations A unanimous-consent agreement was reached pro- Act, 2008 to provide for the temporary availability viding for further consideration of the bill at ap- of certain additional emergency unemployment com- proximately 11:30 a.m., on Tuesday, November 3, pensation, taking action on the following amend- 2009, and that the time during any adjournment, ments proposed thereto: Page S10979 recess, or period of morning business count post-clo- Pending: ture. Page S11005 Reid (for Baucus/Reid) Amendment No. 2712, in Joint Meeting Escort Committee—Agreement: A the nature of a substitute. Page S10979 unanimous-consent agreement was reached providing Reid Amendment No. 2713 (to Amendment No. that the President of the Senate be authorized to ap- 2712), to change the enactment date. Page S10979 point a committee on the part of the Senate to join Reid Amendment No. 2714 (to Amendment No. with a like committee on the part of the House of 2713), of a perfecting nature. Page S10979 Representatives to escort Her Excellency Angela D1267

VerDate Nov 24 2008 06:39 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD09\D02NO9.REC D02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1268 CONGRESSIONAL RECORD — DAILY DIGEST November 2, 2009 Merkel, Chancellor of the Federal Republic of Ger- Record Votes: One record vote was taken today. many, into the House Chamber for the joint meeting (Total—332) Pages S10984–85 at 10:30 a.m., on Tuesday, November 3, 2009. Adjournment: Senate convened at 2 p.m. and ad- Page S11001 journed at 7:04 p.m., until 10 a.m. on Tuesday, No- Messages from the House: Pages S10988–89 vember 3, 2009. (For Senate’s program, see the re- Measures Referred: Page S10989 marks of the Acting Majority Leader in today’s Record on page S11005.) Measures Placed on the Calendar: Page S10989 Additional Cosponsors: Pages S10991–92 Statements on Introduced Bills/Resolutions: Committee Meetings Pages S10992–94 (Committees not listed did not meet) Additional Statements: Pages S10987–88 Amendments Submitted: Pages S10994–S11000 No committee meetings were held. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Public Bills and Resolutions Introduced: 8 public Military Spouses Residency Relief Act: S. 475, to bills, H.R. 3978–3985; and 1 resolution, H. Res. amend the Servicemembers Civil Relief Act to guar- 883 were introduced. Page H12197 antee the equity of spouses of military personnel Additional Cosponsors: Pages H12197–98 with regard to matters of residency; Pages H12145–47 Reports Filed: Reports were filed today as follows: Expressing the sense of the House of Representa- H.R. 1110, to amend title 18, United States tives with respect to the United States Submarine Code, to prevent caller ID spoofing, with an amend- Force: H. Res. 773, to express the sense of the ment (H. Rept. 111–321); House of Representatives with respect to the United H.R. 3596, to ensure that health insurance issuers States Submarine Force; Pages H12148–49 and medical malpractice insurance issuers cannot en- Veterans Retraining Act of 2009: H.R. 1168, as gage in price fixing, bid rigging, or market alloca- amended, to amend chapter 42 of title 38, United tions to the detriment of competition and con- States Code, to provide certain veterans with em- sumers, with an amendment (H. Rept. 111–322); ployment training assistance, by a 2⁄3 yea-and-nay H.R. 1168, to amend chapter 42 of title 38, vote of 356 yeas with none voting ‘‘nay’’, Roll No. United States Code, to provide certain veterans with 832; Pages H12149–51 H12177–78 employment training assistance, with an amendment (H. Rept. 111–323); Recognizing October 24, 2009, the 20th char- tered flight of World War II veterans through Lou- H.R. 3949, to amend title 38, United States isiana HonorAir, as ‘‘Louisiana HonorAir Day,’’ Code, and the Servicemember Civil Relief Act, to and honoring the invaluable service and dedication make certain improvements in the laws relating to of the World War II veterans to our Nation: H. benefits administered by the Secretary of Veterans Res. 828, to recognize October 24, 2009, the 20th Affairs (H. Rept. 111–324); and chartered flight of World War II veterans through H.R. 3237, to enact certain laws relating to na- Louisiana HonorAir, as ‘‘Louisiana HonorAir Day,’’ tional and commercial space programs as title 51, and to honor the invaluable service and dedication of United States Code, ‘‘National and Commercial the World War II veterans to our Nation; Page H12197 Space Programs’’ (H. Rept. 111–325). Pages H12151–52 Speaker: Read a letter from the Speaker wherein she Recognizing the crucial role of assistance dogs in appointed Representative Edwards (MD) to act as helping wounded veterans live more independent Speaker Pro Tempore for today. Page H12143 lives, expressing gratitude to The Tower of Hope, Recess: The House recessed at 12:44 p.m. and re- and supporting the goals and ideals of creating a convened at 2 p.m. Page H12144 Tower of Hope Day: H. Res. 291, to recognize the

VerDate Nov 24 2008 06:39 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD09\D02NO9.REC D02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 2, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1269 crucial role of assistance dogs in helping wounded Recognizing the 60th anniversary of the Berlin veterans live more independent lives, to express grat- Airlift’s success: H. Res. 398, to recognize the 60th itude to The Tower of Hope, and to support the anniversary of the Berlin Airlift’s success; goals and ideals of creating a Tower of Hope Day, Pages H12160–62 2 by a ⁄3 yea-and-nay vote of 351 yeas with none vot- Expressing support for designation of a Na- ing ‘‘nay’’, Roll No. 833; Pages H12162–63, H12178–79 tional Veterans History Project Week: H. Res. 866, Honoring Sentinels of Freedom and commending to express support for designation of a National Vet- the dedication, commitment, and extraordinary erans History Project Week to encourage public par- work of the organization: H. Res. 461, to honor ticipation in a nationwide project that collects and Sentinels of Freedom and to commend the dedica- preserves the stories of the men and women who tion, commitment, and extraordinary work of the or- served our nation in times of war and conflict; Pages H12164–65 ganization; Pages H12163–64 Authorizing a major medical facility project at Max J. Beilke Department of Veterans Affairs the Department of Veterans Affairs Medical Cen- Outpatient Clinic Designation Act: H.R. 3157, to ter, Walla Walla, Washington: S. 509, to authorize name the Department of Veterans Affairs outpatient a major medical facility project at the Department clinic in Alexandria, Minnesota, as the ‘‘Max J. of Veterans Affairs Medical Center, Walla Walla, Beilke Department of Veterans Affairs Outpatient Washington, by a 2⁄3 yea-and-nay vote of 352 yeas with none voting ‘‘nay’’, Roll No. 834; Clinic’’; and Pages H12167–68 Pages H12165–67, H12179 Honoring President Lincoln’s Gettysburg Ad- Directing the Secretary of Veterans Affairs to dress on ‘‘Dedication Day’’, November 19, 2009: establish a national cemetery for veterans in the H. Res. 736, to honor President Lincoln’s Gettys- southern Colorado region: H.R. 174, to direct the burg Address on ‘‘Dedication Day’’, November 19, Secretary of Veterans Affairs to establish a national 2009. Pages H12175–77 cemetery for veterans in the southern Colorado re- Senate Message: Message received from the Senate gion; Pages H12168–70 by the Clerk and subsequently presented to the Supporting and encouraging greater support for House today appears on page H12145. Veterans Day each year: H. Res. 89, to support and Quorum Calls—Votes: Three yea-and-nay votes de- encourage greater support for Veterans Day each veloped during the proceedings of today and appear year; Pages H12170–72 on pages H21277–78, H12178–79 and H12179. Recognizing the celebration of Filipino Amer- There were no quorum calls. ican History Month in October: H. Res. 780, to Adjournment: The House met at 12:30 p.m. and recognize the celebration of Filipino American His- adjourned at 9:46 p.m. tory Month in October; and Pages H12172–74 Honoring the New Hampshire State Senate for becoming the 1st statewide legislative body with a Committee Meetings majority of women in the United States: H. Res. No committee meetings were held. 159, amended, to honor the New Hampshire State Senate for becoming the 1st statewide legislative body with a majority of women in the United States. Joint Meetings Pages H12174–75 No joint committee meetings were held. Recess: The House recessed at 4:58 p.m. and recon- f vened at 6:30 p.m. Page H12177 NEW PUBLIC LAWS Suspensions—Proceedings Postponed: The House debated the following measures under suspension of (For last listing of Public Laws, see DAILY DIGEST, p. D1261) the rules. Further proceedings were postponed: H.R. 2996, making appropriations for the Depart- Veterans’ Small Business Assistance and ment of the Interior, environment, and related agen- Servicemembers Protection Act of 2009: H.R. 3949, cies for the fiscal year ending September 30, 2010. amended, to amend title 38, United States Code, Signed on October 30, 2009. (Public Law 111–88) and the Servicemember Civil Relief Act, to make S. 1929, to provide for an additional temporary certain improvements in the laws relating to benefits extension of programs under the Small Business Act administered by the Secretary of Veterans Affairs; and the Small Business Investment Act of 1958. Pages H12152–60 Signed on October 30, 2009. (Public Law 111–89)

VerDate Nov 24 2008 06:39 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD09\D02NO9.REC D02NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1270 CONGRESSIONAL RECORD — DAILY DIGEST November 2, 2009 COMMITTEE MEETINGS FOR TUESDAY, vide the Securities and Exchange Commission with addi- NOVEMBER 3, 2009 tional authorities to protect investors from violations of the securities laws); and to consider the following: an (Committee meetings are open unless otherwise indicated) Amendment in the nature of a substitute October 16, Senate 2009, to H.R. 2609, Federal Insurance Office Act of 2009; a Committee Print (October 29, 2009) of the Fi- Committee on Environment and Public Works: business meeting to consider S. 1733, to create clean energy jobs, nancial Stability Improvement Act of 2009; and H.R. promote energy independence, reduce global warming 3904, Overdraft Protection Act, 9:30 a.m., 2128 Ray- pollution, and transition to a clean energy economy, 9 burn. a.m., SD–406. Committee on Homeland Security, Subcommittee on Emer- Committee on Health, Education, Labor, and Pensions: to gency Communications, Preparedness and Response, to hold hearings to examine increasing health costs facing mark up the following measures: H.R. 3837, Strength- small businesses, 2:30 p.m., SD–106. ening and Updating Resources and Equipment Act or Select Committee on Intelligence: to receive a closed brief- SURE Act; the Identifying Redundancies and Developing ing on certain intelligence matters from officials of the Performance Metrics Act; and the First Responder Anti- intelligence community, 2:30 p.m., S–407, Capitol. Terrorism Resources Act, 1 p.m., 331 Cannon. Committee on Oversight and Government Reform, Sub- House committee on Federal Workforce, Postal Service and the Committee on Energy and Commerce, Subcommittee on District of Columbia, hearing entitled ‘‘Managing the Commerce, Trade and Consumer Protection, hearing enti- Thrift Savings Plan to Thrive,’’ 2 p.m., 2154 Rayburn. tled ‘‘The NFL StarCaps Case: Are Sports’ Anti-Doping Committee on Rules, to consider the following bills: H.R. Programs At A Legal Crossroads?’’ 11:30 a.m., 2123 Ray- 2868, Chemical Facility Anti-Terrorism Act of 2009; and burn. H.R. 3639, Expedited CARD Reform for Consumers Act Subcommittee on Energy and Environment, to mark of 2009, 3 p.m., H–313 Capitol. up H.R. 515, Radioactive Import Deterrence Act, 9:15 a.m., 2123 Rayburn. Joint Meetings Committee on Financial Services, to continue consideration Commission on Security and Cooperation in Europe: to hold of the October 1, Discussion Draft of the Investor Protec- hearings to examine life in a Russian newsroom, 11 a.m., tion Act of 2009 (to be reported as H.R. 3817, To pro- 1539, Longworth Building.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED ELEVENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

EXECUTIVE DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 6 through October 31, 2009 January 6 through October 31, 2009

Senate House Total Civilian nominations, totaling 573, disposed of as follows: Days in session ...... 153 136 . . Confirmed ...... 375 Time in session ...... 1,107 hrs., 10′ 1,048 hrs., 5′ .. Unconfirmed ...... 185 Congressional Record: Withdrawn ...... 13 Pages of proceedings ...... 10,962 12,142 . . Extensions of Remarks ...... 2,674 . . Public bills enacted into law ...... 24 62 . . Other Civilian nominations, totaling 2,121, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 1,643 Bills in conference ...... 3 3 . . Unconfirmed ...... 478 Measures passed, total ...... 397 800 1,197 Senate bills ...... 59 24 . . House bills ...... 68 314 . . Air Force nominations, totaling 7,110, disposed of as follows: Senate joint resolutions ...... 5 4 . . Confirmed ...... 5,872 House joint resolutions ...... 5 7 . . Unconfirmed ...... 1,238 Senate concurrent resolutions ...... 22 11 . . House concurrent resolutions ...... 26 53 . . Simple resolutions ...... 212 387 . . Army nominations, totaling 6,582, disposed of as follows: Measures reported, total ...... *147 *302 449 Confirmed ...... 6,505 Senate bills ...... 88 1 . . Unconfirmed ...... 77 House bills ...... 26 188 . . Senate joint resolutions ...... 1 . . . . House joint resolutions ...... Navy nominations, totaling 4,387, disposed of as follows: Senate concurrent resolutions ...... 4 . . . . Confirmed ...... 4,376 House concurrent resolutions ...... 8 . . Unconfirmed ...... 11 Simple resolutions ...... 28 105 . . Special reports ...... 21 8 . . Conference reports ...... 10 . . Marine Corps nominations, totaling 1,482, disposed of as follows: Measures pending on calendar ...... 117 46 . . Confirmed ...... 1,480 Measures introduced, total ...... 2,992 5,118 8,110 Unconfirmed ...... 2 Bills ...... 2,597 3,969 .. Joint resolutions ...... 20 61 . . Concurrent resolutions ...... 46 206 . . Summary Simple resolutions ...... 329 882 . . Quorum calls ...... 3 2 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 331 446 . . Total nominations received this Session ...... 22,255 Recorded votes ...... 383 . . Total confirmed ...... 20,251 Bills vetoed ...... Total unconfirmed ...... 1,991 Vetoes overridden ...... Total withdrawn ...... 13 Total returned to the White House ...... 0

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Next Meeting of the SENATE and achievements of current and former female members of the 10 a.m., Tuesday, November 3 Armed Forces; (2) H. Con. Res. 139—Congratulating the first graduating class of the United States Air Force Academy on Senate Chamber their 50th graduation anniversary and recognizing their con- tributions to the Nation; (3) H. Res. 856—Recognizing the Program for Tuesday: Senate will continue consideration of Commissioning of the USS New York LPD 21; (4) H. Res. H.R. 3548, Unemployment Compensation Extension Act. 880—Recognizing the efforts of career and technical colleges; (Senate will recess from 10:15 a.m. until 11:30 a.m. for a (5) H.R. 2136—Stephanie Tubbs Jones College Fire Prevention Joint Meeting of Congress to receive an address from German Act; (6) H. Res. 752—Recognizing the tragic loss of life that Chancellor Angela Merkel in the House Chamber at 10:30 a.m. occurred at the Cherry Mine in Cherry, Illinois; (7) H. Res. Senators will meet in the Senate Chamber at 10:00 a.m. to pro- 878—Expressing support for the goals and ideals of National ceed as a body to the House of Representatives at 10:15 a.m.) Family Literacy Day; (8) H.R. 3276—American Medical Iso- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- topes Production Act; (9) H. Res. 858—Congratulating the spective party conferences.) Inter-American Foundation; (10) H. Res. 839—Condemning the illegal extraction of Madagascar’s natural resources; (11) H. Res. 711—Calling on the United States Government and the Next Meeting of the HOUSE OF REPRESENTATIVES international community to address the human rights and hu- 8 a.m., Tuesday, November 3 manitarian needs of Sri Lanka’s Tamil internally displaced per- sons; (12) H. Res. 641—Recognizing the 60th anniversary of the founding of Radio Free Europe/Radio Liberty; (13) H. Res. House Chamber 863—Recognizing November 2 as World Pneumonia Day; and Program for Tuesday: Joint Meeting with the Senate to re- (14) H. Res. 867—Calling on the President and the Secretary ceive Her Excellency Angela Merkel, Chancellor of the Federal of State to oppose unequivocally any endorsement or further Republic of Germany. Consideration of the following suspen- consideration of the ‘‘Report of the United Nations Fact Find- sions: (1) H. Res. 868—Honoring and recognizing the service ing Mission on the Gaza Conflict’’ in multilateral fora.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E2675 Poe, Ted, Tex., E2679 Sutton, Betty, Ohio, E2681 Larson, John B., Conn., E2680 Quigley, Mike, Ill., E2682 Tiberi, Patrick J., Ohio, E2682 Brown, Henry E., Jr., S.C., E2684 Latham, Tom, Iowa, E2679 Rogers, Mike, Ala., E2687 Van Hollen, Chris, Md., E2679 Buchanan, Vern, Fla., E2686 Lee, Barbara, Calif., E2683 Ros-Lehtinen, Ileana, Fla., E2679 Visclosky, Peter J., Ind., E2682 Burton, Dan, Ind., E2686 McCollum, Betty, Minn., E2683, E2687 Rothman, Steven R., N.J., E2681 Wolf, Frank R., Va., E2676 Conaway, K. Michael, Tex., E2675, Miller, Candice S., Mich., E2678 Roybal-Allard, Lucille, Calif., E2685 E2676, E2680, E2683 Miller, Jeff, Fla., E2681 Sarbanes, John P., Md., E2678 Woolsey, Lynn C., Calif., E2686 Crowley, Joseph, N.Y., E2675 Mitchell, Harry E., Ariz., E2681 Schrader, Kurt, Ore., E2675 Wu, David, Ore., E2680 Farr, Sam, Calif., E2683 Moran, James P., Va., E2676 Scott, David, Ga., E2680 Young, Don, Alaska, E2686 Forbes, J. Randy, Va., E2679 Nunes, Devin, Calif., E2678 Shuler, Heath, N.C., E2683 Griffith, Parker, Ala., E2680 Obey, David R., Wisc., E2684 Shuster, Bill, Pa., E2682

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